Resolution 2023-76 - Laserfiche WebLink

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Equipment Manufacturer Selection Cost Centrifuge & Polymer Feed System Centrisys $493,100 Solids Truck Loading Conveyor Ser entix $127,100 WAS Storage Blowers Aerzen $105,000 WAS Storage Diffusers Sanitaire $32,174 WAS Storage Pumps Gorman -Rupp $43,612 Total - $800,986 B. The City's Project Manager is authorized to approve the CMAR's procurement of alternative equipment from the same or a different manufacturer, so long as (i) such equipment is reasonably anticipated to perform at the same or a better capacity than the equipment listed in the table in subsection A, and (ii) the alternative equipment and/or manufacturer does not increase the Total (set forth in the table), or increases such Total by an amount not exceeding $80,000. All proposed alternatives that increase the Total by more $80,000 shall be approved or denied in writing by the City only after formal action by the City Council. C. CMAR shall ensure, and represents and warrants, that all procured items of equipment procured by CMAR under this Addendum meet the standards and specifications outlined in the Contract Documents, and comply with laws, rules, regulations, and permit requirements applicable to the Project and the City's WWTP. D. Any items of equipment procured by CMAR under this Addendum shall be delivered to and stored on designated City property in a manner that conforms to the equipment manufacturer's requirements and recommendations. E. CMAR shall bear the full risk of loss of each such item of equipment until such time as the item has been delivered to the area of City property designated by the City, and the City has accepted such equipment in writing, at which time the risk of loss shall transfer to the City. 4. Payment. The City shall make payments for items of equipment procured by CMAR within thirty (30) days' of invoicing from the CMAR, which invoice shall follow such time as payment has become due to the manufacturer of the subject item of equipment in accordance with the associated purchase order, unless the parties have agreed in writing to alternative payment terms specific to a certain item of equipment prior to ordering of such specific item of equipment. 5. Non -Appropriation. Nothing in this Agreement is intended or shall be deemed or construed as creating any multiple -fiscal year direct or indirect debt or financial obligation on the part of City within the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory provision. All financial obligations of City under this Agreement are subject to annual budgeting and appropriation by the Louisville City Council, in its sole discretion. Notwithstanding anything in this Agreement to the contrary, in the event of non -appropriation, City shall immediately notify CMAR of such occurrence, and this Addendum shall terminate effective December 31 of the then -current fiscal year. 6. Miscellaneous. All capitalized terms not defined in this Addendum shall have the meanings set forth in the Agreement, unless the context clearly requires otherwise. Except as amended by this Addendum, the terms and conditions of the Agreement shall continue in full force and effect and remain binding on the parties. Nothing herein shall be construed to obligate the City to select CMAR's GMP proposal or to use the CMAR to manage the construction phase of the Project. 2