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HomeMy WebLinkAbout4676 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4676 GODWIN PUMPS OF AMERICA Goods & Services - CW-1 Temporary Bypass Pumping Engineering LEG 12-1 12/04/2007 07/31/2008 02/15/2010 01/01/2010 CITY OF BREMERTON, W A GOODS AND SERVICES AGREEMENT for CW-l TEMPORARY BYPASS PUMPING THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and GODWIN PUMPS OF AMERICA ("Vendor"), whose mailing address is: 8445 South 218'11 Street Kent, W A 98031 The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Furnish all material, equipment and labor to install, test and take down a fully operable temporary bypass pumping system to support the upgrade of Sewage Pump Station CW-l as described in APPENDIX A. 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 240 calendar days from the date all parties have signed this Agreement. The bypass system shall be fully operational no earlier than January 15,2008 as determined by the City. The bypass system shall be taken off-line when determined by the City that the system is no longer required. 3. COMPENSA TION. The City shall pay the Vendor in accordance with the pay schedule and terms and definitions in Appendix B. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee o(the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll Good,' and Serpices Agreement Oc/ohcr 2007 CW-I Temporal)' Bypass Pumping Page I o/Ii deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, anyone or more of the following evcnts: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to complete with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. Ifthe City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials and services required by this Agreement are completed and fully performed. 6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. [fthe Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days ofthe date Vendor knew or should have known ofthe facts and events giving rise to the requested change. Ifthe City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. [fthe Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, intcrpretation, or dctcrmination by the City, the Vendor shall: I. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. Goodv and Services Agreement Octoh('/" 2007 CW-l Temporary Bypass Pumping Page 2 of'8 b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Dutv to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures ofthis section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if(and only it) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the Good., and Se!'\'ices Agreement Octoher 2011 7 CW-I Tempo!'",)' Bypass Pumping Page 3 0/8 facts giving rise to the claim. At a minimum, a Vcndor's written claim must include the information set forth regarding protcsts in Scction 7(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agrecment within 120 calendar days from the date the contract work is complcte. 8. WARRANTY. Thc City will notify the Vendor immediately of any defects in the equipment. Due to the critical nature ofthc pumping system, the vendor shall begin to correct any defects within 24 hours ofthe notice of defect from the City. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurrcd by the City in order to accomplish the correction. 9. INDEMNIFICATION. Vcndor shall dcfend, indemnify and hold the City, its officer, officials, employces, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including alllcgal costs and attorney fees, arising out of or in connection with the performance ofthis Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acccptance of any of V endor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTU ALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against Goud,' anJ Services Agreement ()cto!>er 2007 CW-I Tempural)' Bvpass Pumping Page 4 oj'l? claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project dcscribcd in this Agrcement, the Vendor shall provide a Certificatc of Insurance evidencing: I. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the VendoL All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 11. MISCELLANEOUS. Good,' and Services Agreement Oc!oher 2007 CW-l Tempore/I)' BFpass Pumping Page 5 of'S A. Licenses and Taxcs. Vcndor shall possess a current Brcmcrton Busincss License and any regulatory license required to fulfill Vendor's obligations undcr this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. [n the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Addenda, if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Contractor's proposal. C. Documents Incorporated bv Reference. The following documents are incorporated by reference, to include, but not be limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Nondiscrimination. ]n the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perfonn the work to which the employment relates. E. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. F. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. G. Governing Law. This Agreement shall be governed and construed in accordance with the laws ofthe State of Washington. ]fany dispute arises bctween the City and Vendor under any ofthe provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules ofthe Kitsap County Superior Court, Kitsap County, Washington. Goods and Services Agreement October 2/1/17 CW-I Tempol'aI)' Bypass PlImpmg Page 6 ol8 \ H. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; howeyer, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement. I. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: VENDOR: CITY: Attn: David Nation Attn: Bill Davis Godwin Pumps of America 8445 S. 218th St. Kent, W A 98031 City of Bremerton 3027 Olympus Dr. Bremerton, W A 98337 1. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. K. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. L. Severability. Ifany one or more sections, sub-sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. M. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement Go()d~' and Sel'\'ices Agreement Goober 2007 CW-1 Temporary Bypass Pumping Page 7oj'8 and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. VENDOR: CITY: Godwin Pumps of America ::tt:;mc~ Print Namel'll Y":J BoZ-e.tna n Its: MIJ fit? V"' Date: Jd-../J.//07 , , ~~ Print Name: fJ#-rm V'. F 11Z~v~ Its: e:.p~Po,e~ G:!HVr.<?p"-~ Date: I / /~Ho 7 By: ATTEST: ~ "y~ftil Cit Clerk Goods and Services Agreement Oc/(}!ier 2007 CW-I Temp(}/"(//}' Bvpass Pumping Page 8 o{8 APPENDIX A SCOPE OF WORK AND TECHNICAL SPECIFICATIONS FOR CW-1 TEMPORARY BYPASS PUMPING SYSTEM CITY OF BREMERTON TECHNICAL SPECIFICATION FOR CW-1 TEMPORARY BYPASS PUMPING SYSTEM PART 1 - GENERAL 1.1 SYSTEM DESCRIPTION A. Existing system and site conditions: City of Bremerton Sewage Pump Station CW-1, a municipal sanitary sewage pump station, will be upgraded beginning in early 2008. The current capacity of the station is 2000 gpm. The station discharges to a 12" AWWA C900 force main located on 19th St. A 12" bypass connection port (flanged) is located on the site. A temporary bypass pumping system will be required to bypass sewage flow from the wetwell to the bypass connection port so the station can be taken off-line and upgraded. The estimate bypass period is from early January to mid- May. The station is located adjacent to the Puget Sound in a residential neighborhood. B. Elevations: a. Ground surface and wet well hatch elevation = 132.0 b. Wet well invert out (12" to pumps in dry well) = 113.0 c. Wet well Invert in (18") = 124.0 d. Discharge to force main = 252.0 C. Temporary Bypass Pumping System Description a. Consists of one (1) primary electric pump, one (1) backup diesel driven pump, suction piping, discharge piping, fittings. and other items required for an operable bypass system. b. Electric pump shall be run with a VFD. VFD speed shall be based on wet well Jevel using a level controller. c. Backup diesel pump shall be float-controlled. d. Skid-mounted, suction lift pumps e. Duty Point: 2000 gpm at 170 feet TDH; Static head = 136 feet f. Maximum suction lift (from wet hatch to bottom of wet well) = 19 feet g. 480V power to be supplied by the Owner. h. Telemetry capability for remote alarming through the City SCADA system. (City to make connections). 1.2 SCOPE OF RESPONSIBILITIES D. The pump vendor's scope and responsibilities are described herein: a. Furnish all material, equipment and labor to install, test and take down a fully operable temporary bypass pumping system for the purpose of diverting the existing flow at Sewage Pump Station CW-1 for the duration indicated. The system shall consist of two bypass pumps (primary and standby), suction and discharge piping, fittings, valves, and other appurtenances as described in this document. The connection between discharge piping and City system shall be made by the vendor. City of Bremerton CW-I Tempormy Bypass Pumping System SOW & Technical Specifications Page A-I b. Include $2000 in bid for freight and delivery costs to and from the site. Costs above the allotted $2000 shall be paid for by the vendor. c. A representative from the vendor shall be available 24 hours per day, 7 days per week via phone. A representative from the vendor shall be available on the site within 2 hours if required by the City. d. The vendor sha'lI perform maintenance on the pumping equipment above and beyond routine maintenance. E. The City's responsibilities are described herein: a. Operate and maintain the temporary bypass pumping system on a daily basis. b. Provide lifting equipment for loading and unloading equipment during installation and take down, including chains and cables with sufficient lifting capacity. c. Service diesel driven backup pump every 250 hours or as recommended by the supplier. d. Supply electricity to power the electric pumps. All costs for electricity, including installation and monthly billing, will be paid for by the City. e. Make telemetry connections between pumps and City main control panel. f. Keep spill absorbent materials on~site in the event of a fuel spill. g. Plug suction ports inside wet well. All wet well entries shall be made by City staff. h. Communicate and coordinate with Contractor and vendor. i. Coordinate with the pump vendor to layout the pumping system. j. Perform all wet~well entries required for installation and maintenance. k. Provide fuel for the eXisting on-site fuel storage tank which will supply fuel to the backup diesel pump. The City will extend the tank fuel supply and return piping as needed for the vendor to make connections between the fuel tank and the pump. 1.2 SUBMITTALS A. These submittals are required after award of contract: a. Pump and piping layout. Layout shall be dimensionally accurate. Indicate location of pumps, suction, and discharge piping. b. Thrust calculations to determine restraint and thrust blocks, as necessary. c. Technical data sheets for pumps and VFD. d. Hydraulic calculations confirming system hydraulics e. List of routine maintenance activities required to maintain the pumps on a regular basis by City staff. City of Bremerton CW-I Temporary Bypass Pumping System SOW & Technical Specifications PageA-2 PART 2 - PRODUCTS 2.1 EQUIPMENT A. Pumping Equipment a. All pumps used shall be fully automatic self-priming units that do not require the use of foot-valves or vacuum pumps in the priming system. The Contractor shall supply one (1) electric-powered primary pump and one (1) diesel-powered backup pump. The electric pump shall be operated using a VFD. b. Diesel backup pump must be constructed to allow dry running for long periods of time to accommodate the cyclical nature of effluent flows. An existing fuel tank with day tank at the site will provide fuel to the diesel driven backup pump. The City will provide fuel piping up to the pump and vendor shall supply hose to make the final connection. c. Pumps shall be able to pass a 1-1/2-inch solid. d. Provide the necessary temporary level controls and alarms with a minimum of three (3) setpoints: pump off, pump on, and high level alarm. Coordinate elevations with City. The pump shall have connections to allow the City to wire the temporary pump control panel to City telemetry system inside pump station so the City can receive alarms at the WWTP. e. Pumps shall be skid-mounted with lifting bracket. B. Variable Frequency Drive (VFD) and Level Control. a. The primary electric pump shall be equipped with a microprocessor-based variable frequency drive motor starter for controlling pump speed. b. Automatic level sensor and controller for controlling the pump speed. The Contractor shall test and prove the controls after installation. The backup level control shall be float-driven. C. Piping and Fittings a. Discharge piping is located above ground. Estimated length = 100 LF. Pipe shall be fully restrained using blocks and restrained joint pipe. Vendor shall supply thrust calculations which demonstrate that piping is adequately restrained. Material shall be ductile iron, fused HOPE, or AWWA C9Da. Minimum 12" diameter. b. Pipe shall run behind the pump station building to avoid conflict with the earthwork contractor's work area. C. Provide all fittings, check valves, gate valves, and other items for connecting the pipe between the pump discharge connection and the connection at the City force main (12" flanged connection) City of Bremerton CW-I TemporGlY Bypass Pumping System SOW & Technical Specifications Page A-3 d. Pressure reducing valve (8" minimum) with air relief vent for minimizing effects of hydraulic surge. PART 3 - EXECUTION 3.1 INSTAllATION AND REMOVAL A. The temporary bypass pumping system shall be on-line no earlier than January 7, 2008. Estimated duration is 4 to 5 months. B. The supplier shall transfer all pumping equipment and piping to and from the site for setup and take down. C. The City will assist in setup by providing vehicles, equipment, and ropes/chains to transfer equipment from the vendor's truck to the ground. D. Setup and install pumping equipment, bypass piping, VFDs, level control and other items discussed in this specification for a complete, operable temporary bypass pumping system. Test and demonstrate pumping system. E. System installation shall be coordinated and scheduled to minimize any impact to the Contractor. F. Location of the bypass pumps and piping shall be coordinated and confirmed with the City and Contractor during a site visit with all parties present. G. Test and demonstrate the bypass piping at 150 psi minimum. H. Take down and remove all temporary bypass equipment from the site when directed by the Owner. 3.2 SYSTEM OPERATION AND ROUTINE MAINTENANCE A. Upon successful setup and demonstration of the system, the City will take over the system and operate/maintain the system for the remainder of the project. B. The vendor shall provide maintenance above and beyond what is considered normal maintenance. The vendor shall be available to visit the site within 24 hours to service or repair the pumping equipment. END OF SECTION City of Bremertoll CW-l Temporary' Bypass Pumping System SOW & Technical Specifications Page A-4 APPENDIX B CITY OF BREMERTON, WA GOODS AND SERVICES AGREEMENT for CW-1 TEMPORARY BYPASS PUMPING COMPENSATION CITY OF BREMERTON, WA GOODS AND SERVICES AGREEMENT for CW-1 TEMPORARY BYPASS PUMPING " APPENDIX B - COMPENSATION The compensation for this project shall be as described below: . One time fee of$7,704.00 for equipment setup, take-down, and freight. . Monthly rate of$14,946.00 for pumping equipment and bypass piping rental. . For durations less than one month the following rates apply: ~ Weekly rate of$4,982.00 for pumping equipment and bypass piping rental. ~ Daily rate of $1,660.67 for pumping equipment and bypass piping rental. ~ Rental will begin on the day equipment is delivered to the site and will end the day the equipment is called off-rent by the City of Bremerton. The Vendor will not be compensated for additional time that the pumping system remains at the site after the equipment is called off-rent. . For purposes of this contract, the rental periods referenced above will be as described in the attachment Godwin Pumps Terms and Conditions. . Sales tax is not included in the rates listed above and will be added to the invoiced amount.