HomeMy WebLinkAboutCleaning and Restoration of Smoke Contaminated Switchgear Equipment at 555 Lincoln (2)Restoration
Technologies
CLCCTRONICS AND CQUIPtICNT RCSTOtGrT1ONSA'RVICCS
TIME AND MATERIALS AGI2I+IEIV ENT
RTI FILE #:11-05-3537
This Agreement made this 17th day of May, 2011, between Restoration Technologies, Inc.,
hereinafter referred to as RTI, and the City of Evanston hereinafter referred to as Customer.
WHEREAS Customer wishes to retain RTI for the project involving Custorner',s equipment
further described below; and RTI wishes to provide the services described herein;
NOW, THEREFORE, in consideration of the covenants set forth herein the parities as follows:
1. Scope of Proiect: Customer agrees to retain RTI for the purpose of cleaning and restoring
smoke contaminated Electrical Switchgear Equipment located at the City of Evanston, 555 Lincoln
Street, Evanston, 1L. The scope of RTTs responsibility is limited to the cleaning process only and sloes
not include any delivery charges, outside vendor repair, calibration or maintenance charges.
2. RTC Proiect Team: RTI will provide trained technicians and supervision to complete the
project within the following agreed upon time frame: (8 ei ht days. RTI will use its best efforts to
consider the customer's convenience and the scheduling of project personnel.
3. Pavment for Services: Customer agrees to pay RTI for all project services described herein
including labor at a rate defined below, materials, supplies, equipment rental, travel, per diem, lodging,
delivery charges, freight charges, storage, handling fees, RTI's service fee, and other project costs
including any related sales taxes mandated by state and/or local agencies.
4. Premium Pavments: Customer hereby agrees to pay a premium in the amount of 150% of
the above described rates for supervisory and technical labor in excess of eight hours per day or 40 hours
per week, and for supervisory and technical labor performed beyond RTI's primary operation days
considered to be necessary in accommodation of the Customers business needs.
5. Estimated Cost: The RTI restoration effort as outlined above will be billed on an
actual time and material basis with detailed invoices for all project expenses. Our estimated cost is
$42,800.00 to cover all project costs associated with the cleaning of the contaminated equipment. The
applicable labor rates are set forth below. It is RTI's policy to request an initial prepayment of 30%
($IZ840.00) to cover start-up costs.
6. RTCTechuoloav_ RTI will utilize appropriate cleaning procedures involving aqueous based
detergents, solvent based and water displacement alcohols applied by high pressure spraying techniques
in the restoration process. Convection ovens and air -drying will ensure the Complete residue free
removal of all cleaning solutions. All electronic gear that is static sensitive will be handled with
appropriate anti -static devices, i.e., wrist straps, tote boxes, board holders, mats, etc. A general
description of these techniques can be provided for your technical evaluation. RTI will keep a daily log
of equipment condition sheets that will detail the cleaning procedure used on each piece of equipment.
These sheets will also identify, where possible, additional repair and/or parts replacement calibration
recommendations by RTI.
Page 2 of 3
T & M Contract
May 17, 2011
ADDITIONAL TERMS:
7. Labor Rates;
Labor Categ2ry
Rate Per Hoar
Senior Project Manager
$150.00
Supervisor
$90.00
Technician
$70.00
Administrative
$25.00
8. Insurance: RT/ agrees to carry comprehensive, general liability insuranec and worker's compensation insurance. R77 piopetty
damages coverage is limited to actual cash value. Prool'of comilge will be provided upon request and R77assumes no liability for personal injury,
properly damago, or any other damage or loss beyond acts of /27'/'s negligence. Furthermore, customer agrees that RT/ will not be held liabio Ior any
consequential damages, even if R77 has been advised of the possibility of such damages. Also, no action arising under this agreement may be
brought by customer more than ate year after the cause of action has acerucd except that an actin+ I'or non-payment may be brought within tbwc
yaps ofthedate of ille lust payment.
9. Warranty: 107 warrants that its standard electronic equipment claiming protocols reduce ionic vurfbco contaminant to levels it or
below the levels achioved.hy the original manufacturer, e.g. the maximum allowable levels specilicxl by Mil. S(d. 2000A and ANSVJ-STD 0011 ('rest
Method IPC-TM-650/2.3.26. I)for newly malufaclured high reliability circuit boards. If R77 teeeives written notice within one ( I ) year after its work
was completed that the foregoing Warranty has been broached, it will promptly remedy any incomplete aunsatisfactory restoration work that is
found to exist, provided that the equipment has been maintained in accordance with the manufacturer's cnvh'onmental specifications. R77 reseves
the right to nlako a post clean-up assessment of unusual equipment operating environments that may affect this Warranty. THE FOREGOING
WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.
Any additions, revisions or amendments to this contract are invalid unless expressly stated in wn iting.
Cievtomers remedies aro herby linifted to R'P'Ps obligations herein oxprossly slated. This warranty extends only to the Customer and not
to clientele or nssignecs ol'the Cnstoure• a' users nCCustomer5• services. in no event is 177 to be liable to the Customer or anyone else for incidental
or consequential damages however occasioned.
10. Assignment: Cmstaner shall not assign, irursfer a' pledge this agreement without prig conson of R!/. The consent of RTl to any
of the foregoing applies only to the instance in which it is expressly given and shall not be decmmd consent to any subsequent like not by C'xstomer or
any other person. Subject to the foregoing, and except for the warranty as described above, this agicemeu shall inure to the benefit of, and is binding
upon successors and assigns of the parties hereto. R77 may assign or hmnsfer this agreement either in whole or in part without notice to the
Customer.
11. Representation of Authority: 'file equipment covered by this agreement is the property of Customer and the Customer represents
that lie is the lawful owner of the equipment for which lie has ordered R7'Ps service.
12. Governim. Law: 'file interpretations, performance, acid enforcement of this agreement sliall be governed by the laws of the Slate or
Illinois.
13. Venue, The pities agree that the proper value or this agreement should enforcement become necessary, shall be the 1801 Judicial
Circuit of Illinois, DuPago County, Illinois.
14. Esclusive AtireeuenC This Agreement continues the complete end exclusive statement of agreement superseding all otal and
written communications and any prior ag'cemeu between the parties relating to its subject matter. 'file tents of this Agr'ocnnau will prevail
nlrtwithstanding any variance Witt, the tents array present or future cadet flan the Customer ]Or maitucna oc, services. The teal "this agreement"
as used heroin includes any future written amendments, modifications, or supplements madc in accordance herewith.
15. Excusable Delam,, fit no event shall R77 be liable for any delay iu perlbrmance directly or indirectly due to:
a) Acts of Customer, its agents, employees or SUbCentrae(er5; and
b) Cause beyond the conu'at of RTI including, but not restricted to, acts ol'Ood, acts of the public enemy, acts of the United States, any
slate tent itory or the United Slates, or political subdivision of dic foregoing or District of Columbia; lire, floods, epidemics, (Into antino restrictions;
sit 'ikcs, civil commotiars, freight embargoes; any unusually sever weather conditions or default of company subconuzeto:s or suppliers.
Page 3 of 3
T & M Contract
May 17, 2011
16. DMmdt: to the event that Customer fails to make payments due hereunder, and should enforcement or this agreement become
necessary by R71. Cuslomm, agrees to pay all reasonable legal fees and cant costs accrued by 07 in eeloroing the terms of this
agreement
In WITNESS WHEREOF, the undersigned parties have executed this Agreement on the date first
above written.
CITY OF� EVANSTON
BY: /W
PRINTED NAME Gt9aLtV (max 13W
TITLEtkh1A(.EOL---
DATE
N
RESTORATION TECHNOLOGIES, INC.
Donald M. Tucek
President,
May, 17, 201 1
Approved as to form.
W. Grant Farrar
Corporation Counsel