HomeMy WebLinkAboutPR 22623: REHABILITATION OF THE SABINE PASS WASTEWATER TREATMENT PLANT CLARIFIER City of
40
ort rthur
INTEROFFICE MEMORANDUM
Date: June 9, 2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Calvin Matthews, P.E., Water Utilities Director
RE: PR 22623 —A Resolution Authorizing the Rehabilitation of the Sabine Pass
Wastewater Treatment Plant Clarifier
Introduction:
The clarifier mechanism in the Sabine Pass Wastewater Treatment Plant has failed, and,in order
for the wastewater to be treated effectively, needs to be rehabilitated. This unit will enable
Wastewater Operators to adequately treat wastewater. This rehabilitation includes all necessary
appurtenances, including the center drive unit and torque control, walkway and platform with
handrail, rotating center feedwell, rotating drive shaft, rake arms with scraper blades, anchor
bolts, scum skimmer, scum box, effluent weir, and scum baffle. The installation cost not to
exceed $237,500.00, Funding is available in Account No. 169-07-015-8516-00-40-000, Project
No. ARP002.
Background:
The clarifier mechanism in the Sabine Pass Wastewater Treatment Plant has failed,and, in order
for the wastewater to be treated effectively, needs to be rehabilitated. This unit will enable
Wastewater Operators to adequately treat wastewater.
Hi-Tech Environmental is the sole source supplier and the original manufacturer of the clarifier
mechanism at the Sabine Pass Wastewater Treatment Plant. In 2011,Zima Corporation acquired
Hi-Tech Environmental, Inc. based in Birmingham,Alabama, and in January of 2012, officially
formed the Kusters Water Division of Zima Corporation, which includes the Waste-Tech and
Hi-Tech products. Global WET is the exclusive distributor for Kusters Water Division/Hi-Tech
in the state of Texas.
Budget Impact:
The installation cost not to exceed $237.500.00; funding is available in Account No. 169-07-
015-8516-00-40-000, Project No. ARP002.
Recommendation:
It is recommended that City Council approve PR 22623,authorizing the City Manager to execute
a contract for the rehabilitation of the Sabine Pass Wastewater Treatment Plant clarifier, as
discussed/outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
PR No. 22623
6/9/22 bw
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH GLOBAL WATER
ENVIRONMENT TECHNOLOGIES (WET) FOR THE
REHABILITATION OF THE CLARIFIER AT THE SABINE PASS
WASTEWATER TREATMENT PLANT, WITH A TOTAL
PROJECTED BUDGETARY IMPACT OF$237,500.00;FUNDING IS
AVAILABLE IN FY2022, ACCOUNT NO. 169-07-015-8516-00-40-
000, PROJECT NO.ARP002
WHEREAS, in 1991, the City of Port Arthur constructed the Sabine Pass Wastewater
Treatment Plant(WWTP),utilizing the original manufacturing company,Hi-Tech Environmental,
Inc.'s clarifier mechanism; and
WHEREAS, in 2011, Zima Corporation acquired Hi-Tech Environmental, Inc., formed
Kusters Water Division of Zima Corporation, which manufactures Waste-Tech and Hi-Tech
products and designated Global WET as exclusive distributor for Kusters Water Division of Zima
Corporation in Texas as specified in Exhibit"A"; and
WHEREAS, in order for the WWTP to continue to effectively treat wastewater for the
residents of Sabine Pass, the clarifier, which consist of many various parts and components, will
need to be rehabilitated; and
WHEREAS, Global WET has provided a proposal for the rehabilitation cost in the total
amount of$237,500.00 attached hereto as Exhibit`B"; and,
WHEREAS, this purchase is authorized by Procurement Policies and Procedures Section
3-105 Sole Source Procurement, b) Compatibility—The product must match an existing brand of
equipment for compatibility and is available from only one supplier(Exhibit `B"); and,
WHEREAS, this procurement is exempt from the bid process under Texas Local
Government Code Section 252.022, General Exemptions (a) (7) (D), captive replacement parts or
components for equipment; and,
PR No. 22623
6/9/22 bw
Page 2 of 3
WHEREAS,the City of Port Arthur's Water Utilities Department has set aside funding in
the FY2022 budget in Account No. 169-07-015-8516-00-40-000, Project No. ARP002.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions of the preamble are true and correct.
Section 2. That City Council hereby authorizes the City Manager to execute a contract
with Global WET for the rehabilitation of the Sabine Pass Wastewater Treatment Plant's clarifier,
with a projected budgetary amount of$237,500.00.
Section 3. That a copy of the caption of the Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of , A.D. 2022 at
a meeting of the City of Port Arthur, Texas by the following vote: AYES:
Mayor:
Councilmembers: ,
•
NOES: .
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary 1APP OVED AS TO FORM: APPROVED FOR ADMINISTRATION:
e-t.,.7 i)ix_404,_beitctiii02
Val Tizeno Ronald Burton
City Attorney City Manager
PR No. 22623
6/9/22 bw
Page 3 of 3
dr/ /1r4
Calvin Matthews
Water Utilities Director
APPROVED AS TO AVAILABILITY OF
FUNDS:
DC / 4 , [444,
Kandy Daniel Clifton Williams, CPPB
Interim Finance Director Purchasing Manager
EXHIBIT "A"
THURMAN BILL BARTIE,MAYOR RONALD BURTON
INGRID HOLMES,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
CAL JONES may-- CITY SECRETARY
THOMAS KINLAW III n r[ r t lr r� r
KENNETH MARKS VAL TIZENO
CHARLOTTE MOSES CITY ATTORNEY
DONALD FRANK,SR.
June 10, 2022
To Whom It May Concern,
The City of Port Arthur constructed the Sabine Pass Wastewater Treatment Plant clarifier in 1991. Hi-Tech
Environmental manufactured the clarifier and all the related mechanical appurtenances to fit in the reinforced
concrete basin. Because of the designed structure, Hi-Tech Environmental is the sole source product and
manufacturer that can be used without structural, electrical, and mechanical modification which will increase
the time and cost of the rehabitation. In addition, Global WET is the exclusive distributor for Kusters Water
Division/Hi-Tech in Texas, as per the attached letter.
If you have any question please contact me at (409) 983-8226 or mobile at (936) 201-1543
4/g14 !
alvin Matthews P.E.
Director of Water Utilities
City of Port Arthur
Water Utilities Administration,
zima
161 Jagenberg Group
Manufacture.Quality.Solutions.
Kusters Water Division
City of Port Arthur
Jess Liao, PE January 21, 2022
Utility Engineering Manager
444 4th St,
City of Port Arthur, TX
To whom it my cocern,
Hi Tech Environmental was the original manufacturer of the clarifier mechanism at the Sabine
Pass WWTP. In 2011, Zima Corporation acquired Hi-Tech Environmental, Inc. (founded in 1984
by Robert Weidler) based in Birmingham, AL and in January of 2012, officially formed the
Kusters Water Division of Zima Corporation, which includes the Waste-Tech and Hi-Tech
products.
Global WET is the exclusive distributor for Kusters Water Division/HiTech in the state of Texas.
Direct all questions and inquiries to Stewart Shaffer. I believe you have his contact
information.
Best Regards,
4-1&
Alan E. Houtz
Sales Manager, Municipal Products
Kusters Water Division
Page 1/1
Zima Corporation
phgslcal address
101 Zima Park Drive
Spartanburg•SC 29301•USA dependable,cost-effective solutions for water and wastewater treatment
marling address
PO Box6128 Headworks • Biological • Clarification • Thickening • Biosolids
Spartanburg•SC 29304•USA Registered to
.I 864 576-0660 ISO 9001
www zimacorp coin/water ------ --_ -
" www kusterswater corn
EXHIBIT "B"
CONTRACT FOR REHABILITATION OF
SABINE PASS WASTERWATER TREAMENT PLANT
THIS AGREEMENT, made this day of , 2022,
by and between the City of Port Arthur, a municipal corporation organized under the laws
of the State of Texas, hereinafter called "OWNER" or "CITY" and Global Water
Environment Technologies (WET) a limited liability corporation herein acting by and
through Stewart Shaffer,hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be one year from start date on Notice to Proceed. The
City can terminate this contract at its convenience which includes, but is not
limited to, funding not being available in any budget cycle with thirty (30) days
written notice.
2. The Contractor will perform work as specified in the attached contract documents.
3. During the term of this Contract,the Contractor will furnish at his own expense all of
the materials, supplies, tools, equipment, labor and other services necessary to
connection therewith, excepting those supplies specifically not required of
Contractor in the Specifications.
4. The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein for the not to exceed
sum of$237,500.00.
5. The term "Contract Documents" means and includes the following:
a) Agreement
b) Bid/Quote/Estimate
c) Notice of Award
d) Notice to Proceed
6. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in (2 copies) each of
which shall be deemed an original on the date first above written.
A- 1
Signed on the day of 2022.
ATTEST CITY OF PORT ARTHUR
BY
Sherri Bellard, Ronald Burton,
CITY SECRETARY CITY MANAGER
Signed on the day of 2022.
WITNESS: CONTRACTOR:
GLOBAL WET
By
Print Name: Print Name:
Title:
A- 2
Global WET Budget Quotation
Water Environment Technologies s+
DATE June 9,2022
10900 Research Blvd.,Suite 160C 65 Quotation# 06092022-1
Austin,TX 78759 Customer ID Sabine Pass
Phone:936-900-9558
Stewart Shaffer
Bill To: Quotation valid until: December 6,2022
Name Prepared by: Stewart Shaffer
City of Port Author
Sabine Pass WWTP
Sabine Pass TX
Calvin Matthews
Comments or special instructions: Notes
Item Description Quantity Amount Each Total
Hi-Tech/Kusters Clarifier Mechanicals'-details on separate
1 scope 1 $ 130,000.00 $ 130,000.00
2 Removal and proper disposal of existing unit 1 $ 2,500.00 $ 2,500.00
Installation of new equipment,including crane work,electrical,
3 adjustment,start-up and training. 1 $ 63,000.00 $ 63,000.00
4 Replacment WAS/RAS pumps Netzsch 2 $ 15,000.00 $ 30,000.00
5 Sludge Removal 1 $ 5,000.00 $ 5,000.00
6 Feed Pipe Replacement 1 $ 7,000.00 $ 7,000.00
7 Time and material for added work/day 0 $ 3,720.00 $
TOTAL $ 237,500.00
If you have any questions concerning this quotation,Stewart Shaffer,936-900-9558,sshaffer@globalwet.com
THANK YOU FOR YOUR BUSINESS!
■
N zima
Jagenberg Group
Manufacture.Quality.Solutions.
Kusters Water Division
EQUIPMENT PROPOSAL RI
DATE: June 8, 2022
QUOTE NO.: KW-1001-22/AH/rw R1
TO: Global WET
PROJECT: Sabine Pass Wastewater Treatment Plant
Port Arthur, Texas
SECTION: N/A - Existing Drawings
We are pleased to provide our proposal for the below listed equipment.
ITEM A: - Circular Clarifier Equipment
One (1) 30'-0" Diameter Hi-Tech / Kusters Water Model BSTT, Bridge Supported Torque
Tube Clarifier.
Items Included:
• Access Support Bridge (Beam Style -36" Wide) w/ Galvanized Bar Grating
• Clarifier Drive Unit w/ Overload Protection
• Torque Tube - 4" Diameter sch 80
• Influent Well - 4'-6" Diameter x 4'-0" Deep x 3/16"
• Two (2) Sludge Rake Arms w/ Stainless Steel Squeegees
• Surface Scum Skimmer Assembly w/ Full Surface Blade
• Surface Scum Trough - 4'-0" Wide
• Anchor Bolts - Hot Dip Galvanized
• Assembly Hardware - Hot Dip Galvanized
Coatings:
• All steel to be Shop Blast and Prime Painted after fabrication, unless noted:
• Submerged Surface Preparation - SSPC-SP-10
• One (1) Coat Tnemec Series 37-77 Chem Prime - 2.0- 3.5 mils
• Submerged Surface Preparation - SSPC-SP-10
• One (1) Coat Tnemec Series 37-77 Chem Prime- 2.0- 3.5 mils
• Clarifier Drive Units to Ship Factory Finish Painted
Zima Corporation
physical address
101 Zima Park Drive
Spartanburg•SC 29301•USA
dependable,cost-effective solutions for water and wastewater treatment
mailing address
P O.Box 61Z8 CDHeadworks • Biological • Clarification •Thickening • Biosolids
Spartanburg•SC 29304•USA - -
(e .1864 576-0660 Registered to
ISO 9001
www zimacorp.cool/water '
www kusterswater corn
Page 2/5
Site Service:
• Site services of (1) trip and (1) day total for installation inspection, startup and
operator training.
TOTAL PRICE FOR SECTION ITEM A: $ 120,000
Items not listed above will be provided by others
ADDER ITEM Al: Weirs and Baffles
Galvanized Steel Weirs and Baffles for One (1) 40'-0" Diameter Hi-Tech / Kusters Water Model
BSTT, Bridge Supported Torque Tube Clarifier.
• Galvanized Steel Weir Plates - 1/4"x 9" Deep, V-Notch
• Galvanized Steel Baffle Plates - 1/4"x 12" Deep w/ Support Brackets
• Hardware - Hot Dip Galvanized
TOTAL ADDER PRICE: $ 10,000
Items not listed above will be provided by others
Kusters Exclusions, carried by Global WET:
• Taxes • Any piping not proposed above
• Offloading • Valves except as noted
• Installation • Sandblasting or touch-up painting
• Erection or testing • Field / Finish painting
• Supervision of erection • Disconnect switches and junction boxes
• Engineering re-design • Electrical wiring or conduit
• Civil Design • Electrical connections
• Buildings • Electrical installation and wiring
• Dumpsters • Controls except as noted
• Concrete, grout, or sealants • Special shipping procedures
• Thru-wall fittings • Storage at our shop or jobsite
• Hand railings except as noted • Oil and grease
• Stairways and Ladders • Spare parts except as noted
• Interconnecting walkways • Tank surveying
• Lights or light posts • Field verification of elevations
• Field verification of dimensions • Clarifier Spray systems
• Hose reals and hose bibs • Weirs and Baffles
• Tank covers • Density Baffles
• Grout/topping installation • Scum spray systems
• Air vent piping • Pipe couplings/connections except as noted
Absence of an exclusion herein will not be construed as meaning that the item is included, and
Kusters Water will not issue credits, or accept deducts, for the provision of the items noted
above.
Zima Corporation
physical address
101 Zima Park Orive
Spartanburg•SC 29301•USA
dependable,cost-effective solutions for water and wastewater treatment
mailing address
Po Box612B Headworks • Biological • Clarification • Thickening • Biosolids
Spartanburg-SC 29304•USA
•1 864 576 0660 Registered 10
ISO 9001
� www nmacorp com/water
vn www kuslerswarer corn
Page 3/5
Terms:
• NET 30 Days
• 15% at submittal approval
• 80% upon delivery to site
• 5% upon start-up and training completion or 120 days from delivery, whichever occurs first
• 1-1/2% interest charges per month for late amounts due
Submittals (if required):
• 8 - 10 weeks from acceptance of order.
Delivery:
• 18 - 22 weeks from receipt of signed approvals
Warranty:
• 12 months from equipment start up or 18 months after delivery, whichever occurs first.
Validity:
• Our price is firm for acceptance within 180 days of Proposal
date.
Purchase Orders:
• All purchase orders are to be issued, and mailed to:
Zima Corporation,
Kusters Water Division
P.O. 6128
Spartanburg, SC 29304
Please provide a copy of your tax exempt or direct pay certificate, project contact, and a copy
of the project payment bond with your purchase order.
Notes:
All spares and site service for start-up and operator training is available from our Spartanburg
National Service Center.
Zima Corporation
physical address
101 Zima Park Orme
Spartanburg•SC 29301•USA
dependable,cost-effective solutions for water and wastewater treatment
mailing address
P.o.Box 6128 Headworks • Biological • Clarification • Thickening • Biosolids
Spartanburg•SC 29304•USA
,�o, Registered to
LLJ .I 864 576-0660 ISO 9001
www.nmacorp.corn/water
,r, www kusterswater corn
Page 4/5
Liquidated Damages:
• Zima Corporation will not consider the addition of liquidated damages to our contract
unless it has been specifically identified and negotiated prior to the bid. Zima Corporation
equipment supply contract will not be tied to the General Contractor's overall contract,
and our delivery commitments shall be as stated in this proposal.
Bonding:
• Bonding or bonding expenses are not included in this proposal and will not be considered
unless specifically identified and authorized by Zima Corporation prior to the bid.
Insurance:
• Pricing includes general liability policy with 1 million per occurrence, 2 million aggregate,
and 4 million umbrella. If higher limit(s) is required, all costs will be paid by the Buyer in
addition to the quoted equipment price.
Freight:
• All prices are quoted F.O.B. shipping point, with freight allowed to the Jobsite. Buyer will
be responsible for equipment off-loading. All claims for damage or loss in shipment shall be
initiated by the Buyer. Buyer requests for selective shipments, early shipments, or separate
shipment may directly affect the freight allowance. Any additional costs incurred due to
this request by the Buyer will be an additional cost to the purchase price and invoiced
accordingly.
Sincerely,
Alan E. Houtz
Sales Manager- Municipal Products
Kusters Water Division
0. 864-208-9043
C. 864-641-5168
alan.houtz@kusterswater.com
www.kusterswater.com
Cc:
Zima Corporation
physical address
101 Zima Park Or ve
Spartanburg•SC 29301•USA dependable,cost-effective solutions for water and wastewater treatment
mating address
Po 9ox6,29 Headworks • Biological • Clarification • Thickening • Biosolids
,S,op,artanburg•SC 29304-USA Registered to
iL •1964 576-0660 ISO 9001
www zimacorp cam/water
v www kusrerswater corn
ZiMA CORPORATION(ZC)
CONDITIONS OF SALE
1, CONTRACT
All terms and conditions of this CONTRACT are fully set forth herein and no agent,employee,representative or other party is authorized to bind the Seller by any agreement or warranty not
expressed herein. If any terms and conditions of subsequent orders are in addition to or inconsistent with the terms and conditions herein expressed,such terms will not be binding upon the
Seller unless they are expressly accepted in writing by the Seller.
2. QUOTATIONS
(a) Prices indicated on our quotations are valid 30 days,unless indicated otherwise. All Federal,State and local taxes,including any tariffs,are the responsibility of the Buyer.
(b) Our quotations are not legally binding until we have received and executed a Purchase Order and issued a written ZC Order Confirmation.
(c) Surety bonds,or bonding expenses,are not included by ZC and will not be considered unless specifically identified and authorized by ZC.If bonding is required,all costs will be paid by
the Buyer in addition to the quoted equipment price.
(d) Pricing includes general liability policy with$1 million per occurrence,S 2 million aggregate,and S 4 million umbrella.If higher limit(s)is required,all costs will be paid by the Buyer
in addition to the quoted equipment price.
3. DELIVERY
(a) Delivery periods and dates quoted are approximate,unless otherwise stated in the Purchase Order and ZC Order Confirmation.
(b) Shipping Terms:All equipment will be shipped at the risk of the Buyer FOB shipping point or Ex Works,as indicated in the ZC Proposal. Incidental costs for unloading,delivery,and
installation of equipment in the Buyer's plant shall be paid by the Buyer. Seller is not responsible for any loss after shipment,including delays of carrier,damage to equipment in transit,
or otherwise,regardless of delivery terms,so long as the carrier has receipted for the goods in good order.
(c) Storage,delay charges and similar costs incurred because Buyer does not immediately accept delivery are Buyer's responsibility.
(d) Seller may postpone delivery(1)in case Buyer fails to pay as agreed;(2)if Buyer fails to provide necessary technical information;(3)if Buyer fails to abide by the terms of our Order
Confirmation; (4)on account of delay in receipt of necessary materials,parts or equipment;or(5)in case of force majeure,including strikes,lockouts,fire,adverse weather,state of
war,etc.
4. SECURITY
(a) Seller reserves a purchase money security interest and vendor's lien on all goods until the purchase price is paid in full,and Buyer may not sell,pledge or mortgage the goods until
payment has been made in full. Buyer authorizes Seller to record a copy or signed original of this Contract as a financing statement pursuant to SC Code 36-9-402,and Buyer agrees to
sign any other document reasonably requested by Seller to perfect or to continue perfection of the security interest granted herein.
(b)Credit approval-shipment,delivery,and performance of work shall always be subject to the approval of the Seller's Credit Department. If the Buyer should fail to pay according to
terms;or if in the opinion of the Seller,the financial condition of the Buyer at any time should become impaired,the Seller reserves the right,without prejudice to any claims for damage
or otherwise,to withhold shipment or suspend performance of its obligations hereunder, until receipt of payment upon terms and conditions satisfactory with Seller.
5. DAMAGES
Zima Corporation will not consider the addition of incidental,consequential or liquidated damages to our contract unless it has been specifically identified and negotiated prior to the bid.
6. EXTENT OF SELLER'S WARRANTY
(a) Subject to Subparagraphs(b)and(d),below,all equipment shall be covered by ZC's standard warranty as identified in the ZC proposal and written order confirmation.. Our obligation
under this warranty is strictly limited to repair or replacement,without charge F.O.B.our works,of any defective parts. WE MAKE NO WARRANTY WHATSOEVER FOR
equipment or materials supplied that are not of our manufacture,which shall carry only the supplier's warranty. Replacement parts supplied under this provision will be credited only
upon receipt F.O.B.our works of the defective parts.
(b) Improper use,installation,modification or alteration of the equipment by the Buyer will void the above warranty.
(c) WE WILL NOT BE RESPONSIBLE FOR INDIRECT OR RESULTING DAMAGES SUCH AS PRODUCTION LOSSES,LOSS OF PROFITS,TRADING LOSSES,LOSS OF
GOOD WILL OR REPUTATION SUFFERED BY THE BUYER,THIRD PARTIES.NOR FOR PUNITIVE DAMAGES.
(d) ALL IMPLIED WARRANTIES,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE,ARE EXCLUDED.
7. PAYMENT
(a) Payment terms are set forth in the Quotation/Order Confirmation and are not contingent upon testing or performance of equipment.Each shipment will be invoiced as shipped and each
invoice settled per terms specified.All payments shall be made in United States funds,free of expense to the Seller for collection charges. If in the opinion of the Seller,shipments are
delayed unreasonably by the Buyer,the Seller shall have the right to render an invoice for equipment ready for shipment.
(b) All payments not received on the due date shall bear interest at 1.5%per month;in the event of suit for collection against the Buyer,Seller shall be entitled to recover attorney's fees,
court costs and other expenses.
8. CANCELLATION
No purchase order may be canceled after acceptance of our Order Confirmation except in the discretion of the Seller,in which case the Buyer shall be required to pay for all costs and
expenses
incurred by the Seller in the performance of the work through the date of cancellation,plus a fee of no less than fifteen percent(15%).
9. ERECTION
(a) Unless specifically included in our Order Confirmation charges for erectors and erection supervisors are not part of the equipment price.
(b) At the Buyer's request,we will assist the Buyer in arranging for an erection supervisor at our normal rates.
10. NO ALTERATION OF SAFETY DEVICES
Buyer understands and agrees that no safety devices or equipment,or safety labels or warnings are to be altered or removed from the equipment without first obtaining our written permission
to do so. Should any such devices,equipment,labels or warnings be altered or removed,Buyer shall be solely responsible for any injuries,damage or loss resulting therefrom,and agrees to
indemnify and save Seller harmless of and from all claims,demands,suits,and or losses,including attorney's fees,resulting from such removal or alteration.
II. LAW
This contract is governed by the substantive laws of the State of South Carolina,excluding,however,its principles governing the conflicts of laws.
12. DISPUTES
All disputes will be settled exclusively by arbitration at Spartanburg,South Carolina in accordance with the Commercial Arbitration rules of the American Arbitration Association and the
Federal Arbitration Act;the parties expressly agree that the South Carolina Arbitration Act and notice provisions thereof shall not apply to this Contract.
13. RESPONSIBILITIES OF THE BUYER
The Buyer is to furnish and install the following in addition to any items previously mentioned herein: (I)Buyer is to provide suitable foundations or building floor strength to maintain
machinery in level position(2)all necessary labor for erection of the equipment(erection supervision will be supplied at Customer expense)(3)permits,pollution controls,and other
approvals such as may be required by insurance or Governmental Agencies (4)necessary guards for the exposed moving parts of the machine in accordance with the laws of the state in
which the machine is to be located(5)the necessary piping,including material and labor for gas,air,hydraulic,water and steam feed and drain lines (6)exhaust ductwork with suitable
dampers from exhaust outlets to out-of-doom (7)all electric power wiring including material and labor from and to the starers.motors,and control elements,plus disconnect switches as
required(8)all starters and controls not specifically included (9)provisions for dyestuff and chemical preparation including tanks,piping,pumps.instrumentation,structural platforms.hoist
or elevator,etc.(10)all necessary utilities such as forklift trucks,welding equipment,elevators,and cranes where necessary for the installation of the equipment,(11)all
drawings furnished by us will remain our property.
Revision 3,9-2019(MTR)