HomeMy WebLinkAbout5187Contract Number:
Vendor:
Sub�ect
Department
File Class
Begin Date•
End Date
Review Date
Vault Date
5187
HD Fowler Company
GSA - GCS Package Type Control Valve Station
Water Resources
LEG 12-1
10/8/2012
1/6/2013
2015
Comments
GOODS AND SERVICES AGREEMENT OR/Gf�I
A�
THIS AGREEMENT is entered mto between the City of Bremerton, a Washmgton Munic�pal Corporat�on ("C�ty"), andH D
Fowler Company, ("Vendor"), whose mailmg address ►s 4303 State Highway 3 W, Bremerton, WA 98312
The parties agree as follows
VENDOR SERVICES The Vendor shall provide the followmg goods and materials and/or perform the followmg services for the
City Prov�de Pressure Reducmg Valve (PRV) as described m the attached "GCS Package Type Control Valve Station" and Drawmg
#10805-51
TIME OF COMPLETION Vendor shall complete the work and provide all goods, materials and services w�thm 90 calendar
days from the date all parties have signed th�s Agreement
COMPENSATION The City shall pay the Vendor the total amount not to exceed $30,000, mcludmg applicable Washmgton
State Sales Tax, for the goods, mater�als and services contemplated m th�s Agreement
A Defective or Unauthor�zed Work The Crty reserves its right to withhold payment from Vendor for any defect�ve or
unauthorized goods, materials or services If Vendor �s unable, for any reason, to complete any part of thts Agreement,
the City may obtam the goods, mater�als or services by Agreement or otherwise, and Vendor shall be l�able to the C�ty
for any addrtional costs mcurred by the Crty "Addrtional costs" shall mean all reasonable costs, mcludmg legal costs and
attorney fees, incurred by the City beyond the max�mum Agreement price specified above The City further reserves its
nght to deduct the cost to complete this Agreement, mcludmg any Addittonal Costs, from any and all amounts due or to
become due the Vendor
4 INDEPEI�IDENT CONTRACTOR. Contractar �s and shall be at all times actmg as an mdependent contractor and not as an
employee of the City The Contractor shall secure at �ts expense, and shall be respons�ble for all payments of mcome tax, social secur�ty,
state d�sab�l�ty msurance compensahon, unemploymentcompensat�on, and all other payroll deductions for the Contractor, officer, agents,
employees and sub-contractors The Contractor shall also secure all applicable busmess l�censes, �frequ�red, m connection wrth the contract
services, mcludmg all required licenses for Contractor's officers, agents, employees and subcontractors
5. TERMINATION. The C�ty may termmate this Agreement for good cause "Good cause" shall include, wrthout l�mitation, any
one or more of the followmg events
A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper mater�als for
completion of tlus Agreement
B The Vendor's failure to complete th�s Agreement withm the hme specified m th�s Agreement
C The Vendor's fa�lure 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 filmg for bankruptcy or becommg ad�udged bankrupt
If the City termmates this Agreement for good cause, the Vendor shall not rece�ve any further momes due under this Agreement
unt�l the goods, materials and serv�ces required by th�s Agreement are completed and fully performed
CHANGES The City may �ssue a written change order for any change m the goods, materials or serv�ces to be provided durmg
the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submrt a
written change order request to an authorized agent of the C�ty wrthin fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events g�vmg r�se to the requested change If the City determmes that the change mcreases or decreases the Vendor's
costs or t�me for performance, the C�ty will make an equrtable ad�ustment The City will attempt, m good farth, to reach agreement wrth the
Vendor on all equrtable ad�ustments However, �f the parties are unable to agree, the C�ty will determme the equ�table ad�ustment as �t
deems appropriate The Vendor shall proceed with the change order work upon recervmg erther a written change order from the C�ty or an
oral order from the City before actually rece�vmg the written changeorder If the Vendor fails to requ�re a change order wrthm the time
allowed, the Vendor waives �ts r�ght to make any claim or submrt subsequent change order requests for that portion of the contract work If
the Vendor disagrees wrth the equrtable ad�ustment the Vendor must complete the change order work, however, the Vendor may elect to
protest the ad�ustment as provided below
A Procedure and Protest by the Vendor If the Vendor disagrees with anythmg required by a change order, another written
order, or an oral order from the C�ty, mcludmg any direction, mstrucrion, mterpretation, or determmat�on by the Ctty, the
Vendor shall
Immediately grve a signed written notice of protest to the City,
2 Supplement the written protest withm fourteen (14) calendar days w�th a written statement that provides the
followmg mformatton
a The date of the Vendor's protest
b The nature and circumstances that caused the protest
c The provisions m this Agreement that support the protest
d The estimated dollar cost, if any, of the protested work and how that estimate was determmed
e An analysis of the progress schedule showmg the schedule change or disrupt�on if the Vendor �s
assertmg a schedule change or d�sruption
3 The Vendor shall keep complete records of extra costs and time mcurred as a result of the protested work The
Crty shall have access to any of the Vendor's records needed for evaluatirg the protest
The City will evaluate all protests, prov�ded the procedures m this section are followed if the City determmes that a
protest is val�d, the City will ad�ust payment for work or time by an equrtable adJustment No ad�ustment will be made
for an mval�d protest
B Vendor's Duty to Complete Protested Work In sp�te of any protest, the Vendor shall proceed promptly to provide the
goods, mater�als and servtces required by the City under th�s Agreement
C Vendor's Acceutance of Chan� The Vendor accepts all requirements of a change order by (1) endorsmg �t, (2)
wr�tmg a separate acceptance, or (3) not protestmg m the way this section provides A change order that �s accepted by
Vendor as provided in th�s sect�on shall constrtute full payment and final settlement of all clauns for contract tune and for
direct, tndirect and consequential costs, mcludmg costs of delays related to any work, erther covered or affected by the
change
D Failure to Protest Const�tutes Wa�ver By not protestmg as this section provides, the Vendor also waives any addrtional
entitlement and accepts from the C�ry any written or oral order (mcludmg direct�ons, mstruchons, mterpretat�ons, and
determmation)
E Fa�lure to Follow Procedures Constitutes Wa�ver By failmg to follow the procedures of this section, the Vendor
completely waives any claims for protested work and accepts from the City any wntten or oral order (mcludmg
directions, mstructions, mterpretations, and determmat�on)
7. CLAIMS The Vendor shall give wr�tten not�ce to the C�ty of all claims other than change orders w�thm fourteen (14) calendar
days of the occurrence of the events grvmg rise to the claims Any clatm for damages, additional payment for any reason, or extension of
time, whether under this Agreement or otherw�se, shall be conclusively deemed to have been wa�ved by the Vendor unless a timely written
claim �s made m strict accordance wrth the appl�cable provisions of this Agreement, or, if (and only i fl no such provis�on is appl�cable,
unless that claim is set forth tn detail m wrrtmg and received by the Ctty withm seven (7) calendar days from the date Vendor knew, or
should have known, of the facts grvmg nse to the claim At a minimum, a Vendor's writta claim must mclude the mformation set forth
regardmg protests m Section 6(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, m any event, file any claim or brmg any surt ar�smg from or connected with this Agreement withm 120 calendar days
from the date the contract work is complete
8 WARRANTY The Vendor shall correct all defects m workmanship and matenals withm one year from the date of the City's
acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year from the
date such correct�on is completed and accepted by the C�ty The Vendor shall begm to correct any defects wrthm seven (7) calendar days of
its receipt of not�ce from the City of the defect If the Vendor does not accomplish the correct�ons wrthm a reasonable t�me, the City may
complete the corrections and the Vendor shall pay all costs mcurred by the City m order to accomplish the correct�on
9. INDEMNIFICATION. Vendor shall defend, mdemmfy and hold the City, rts officer, offic�als, employees, agents and volunteers
harmless from any and all clatms, m�uries, damages, losses or suits, mcludtng all legal costs and attorney fees, arising out of or m
connection with the performance of th�s Agreement Vendor's obligation to u�demnify shall not extend to that portion of damages caused by
the City's sole negligence �
The City's mspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants
of mdemmfication
Should a court of competent�unsdict�on determme that this Agreement �s sub�ect to RCW 4 24 115, then, m the event of hability
for damages arismg out of bod�ly u►�ury to persons or damages to property caused by or resultmg from the concurrent negliga�ce of the
Vendor and the City, rts officers, offic�als, employees, agents and volunteers, the Vendor's l�ability 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 MUTUALLY NEGOTIATED
THIS WAIVER
The prov�sions of this sect�on shall survive the expiration or termuiation of this Agreement
10. INSURANCE. The Vendor shall procure and mamtam for the duration of this Agreement, msurance agamst clauns for u�►�unes to
persons or damage to property that may arise from or m connection wrth the performance of the Contract work by the Vendor, its agents,
representatives, employees or subcontractors
Before beg�nning work on the pro�ect descr�bed m this Agreement, the Vendor shall provide a Cert�ficate of Insurance evidencmg
Automobile L�ab�litv msurance with limits no less than $1,000,000 combmed smgle limit per accident for bodily m�ury
and property damage, and
Commercial General Ltab�litv msurance written on an occurrence basis w�th limits no less than $1,000,000 combmed
smgle Lmrt per occurrence and $2,000,000 aggregate for personal m�ury, bodily m�ury and property damage Coverage
shall mclude but not be l�m�ted to blanket contractual, products/completed operat�ons/broad form property damage, and
employer's liabil�ty
Any payment of deductible or self msured retentnn shall be the sole responsib�l�ty of the Vendor
All required policies shall be prov�ded on an "occurrence" bas�s except professional liabil�ty msurance (�f requ�red), which shall be
provided on a "cla�ms-made" basis
The C�ty shall be named as an addrtional msured on the Commercial General L�ability msurance pol�cy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement nammg the C�ty as add�tional msured shall be attached to
the Cert�ficate of Insurance The C�ty reserves the nght to receive a certtfied copy of all the requ�red msurance pohc�es
The Vendor's Commercial General Liability msurance shall contam a clause statmg that coverage shall apply separately to each
msured agamst whom claim is made ar s�nt �s brought, except wrth respects to the hmrts of the msurer's l�abil�ty
The Vendor's msurance shall be primary msurance as respects the City and rt shall be an affirmative obl�gahon upon Consultant to
advise the City's Risk Manager by fax at (360) 473-5161, or by certified ma�l, return receipt requested to City of Bremerton, attn
Risk Management, 345 6�' Street, Suite 600, Bremerton, WA 98337 wrthm two days ofthe cancellation, suspension or substant�ve
change of any insurance pol�cy set out haem, and failure to do so shall be construed to be a breach of th�s Agreement
The City also reserves rts unquahfied r�ght to require at any time and for any reason, proof of coverage m the form of a dupLcate
of the msurance pol�cy with all endorsemaits as evidence of coverage
11. MISCELLANEOUS.
A L�censes and Taxes Vendor shall possess a current Bremerton Busmess License and any regulatory license required to
fulfill Vendor's obl�gat�ons under this contract B&O taxes shall be pa�d when due, and Vendor, by this agreement,
ass�gns any payments due under th�s contract to the City Clerk for payment of such taxes which have been declared
delmquent
B Confl�ct and Precedence In the event of a conflict between the contract documents, the document which rates h�gher on
the followmg list shall take precedence
Addenda, if any,
2 Contract,
3 Specifications,
4 Terms and Cond�tions,
5 Contractor's proposal
C Documents Incor�orated by Reference The followmg documents are mcorporated by reference, to mclude, but not be
ltmrted to
1 Terms and Cond�t�ons,
2 Specifications,
3 Proposal, and
4 Non-Collus�on Affidavrt
D Nondiscr�mmation In the hirmg of employees for the performance of work under thts Agreement the Vendor, rts
subcontractors, or any person actmg on behalf of Vendor shall not, by reason of race, relig�on, color, sex, sexual
onentation, nat�onal ongm, or the presence of any sensory, mental, or physical disability, discrumnate agamst any person
who is yualified and available to perform the work to wh�ch the employment relates
E Compl�ance w�th Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout
every aspect m the performance of this Agreement
F Work Performed at Vendor's Risk Vendor shall take all precaut�ons necessary and shall be responsible for the safety of
rts employees, agents, and subcontractors m the performance of this Agreement All work shall be done at Vendor's own
risk, and Vendor shall be respons�ble for any loss of or damage to materials, tools, or other articles used or held for use u►
connechon with the work
G Governm� Law Thts Agreement shall be governed and construed m accordance w�th the laws of the State of
Washmgton If any dispute arises between the C�ty and Vendor under any of the provis�ons ofthis Agreement, resolution
of that dispute shall be available exclus�vely under the�urisdiction, venue and rules of the Krtsap County Supenor Court,
Kitsap County, Washmgton
H Attorney's Fees In any claim or lawsuit for damages arismg from the parties' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees mcurred m defendmg or bru�ging such claun or
lawsu�t, however, nothing m this subsect�on shall l�m�t the City's r�ght to mdemmficat�on under Sect�on 9 of th�s
Agreement
I Wr�tten Notice All commumcat�ons regardmg this Agreement shall be sent to the parties at the addresses listed below,
unless otherw�se notified Any wr�tten notice shall become effective upon del�very, but m any event three (3) calendar
days after the date of mailmg by reg�stered or cert�fied matl, and shall be deemed sufficiently given if sent to the
addressee at the address stated m th�s Agreement �
Notices to be sent to
I�
L
M
VENDOR
Attn H D Fowler Company
4303 State Highway 3 W
Bremerton, WA 98312
Notices to be sent to
CITY
Attn K Cahall
Water Resources Drv�sion
City of Bremerton
3027 Olympus Dr�ve
Bremerton, WA 98310
Ass�gnment Any assignment of this Agreement by the Vendor wrthout the wntten consent of the City shall be void
Modtfication No waiver, alteration, or modification of any of the provisions ofth�s Ageement shall be bmdtng unless m
wrrtmg and signed by a duly authorized representative of the City and Vendor
Severab�l�tv If any one or more sections, sub-sections, or sentences of th�s Agreement are held to be unconst►tuhonal or
mval�d, that decision shall not affect the validity of the remammg port�on of this Agreement and the remamder shall
remam m full force and effect
Ent�re Agreement The wr�tten provisions and terms of this Agreement, together wrth any attached Exhibrts, supersede
all prior verbal statements by any representat�ve of the City, and those statements shall not be construed as formmg a part
of or altermg m any manner this Agreement This Agreement and any attached Exh�bits contam the ent�re Agreement
between the parties Should any language m any Exhibit to th�s Agreement conflict wrth any language contamed m th�s
Agreement, the terrr►s of th�s Agreement shall preva�l
IN WI"I'NESS WHEREOF, the parties below have executed this Agreement
VENDOR
b u)1 Q.r ,�.�.
By .i� . �(
Prmt Name �
Its �JL
Date Q/ ( /J7�
CITY
City of Bremerton
By �
Prmt Name � TT L.
Its � D2
Date �g / L
APPROVED AS TO FORM
By � ��
Bremerton City Attorney
ATT ��
By
Crty Clerk
GCS PAC�CAGE TYPE CONTROL VALVE STATION
PART1 GENERAL
1.1 Scope
n
�
1.2
►�
Work covered in this section includes furnishing, installing, start-up and operation training for a
package type Pressure Reducing Valve (PR� station
All equipment specified in this section shall be furnished by one manufacturer
Reference Specifications, Codes, and Standards
Codes and Standards — Comply with the provisions of the following codes, standards and
specifications, except as otherwise shown and specified
AISC —"Specifications for the Design, Fabrication and Erection of Structural Steel for
Buildings", including "Commentary of the AISC Specifications"
AISC —"Specifications for the Design of Cold-Formed Steel Structural Members"
AWS — "Structural Welding Code"
B Welding of Aluminum — Conduct in accordance with Section 10 of the "Specifications for the
Design and Construction of Structural Supports for Highway Luminaries", AASHTO, 1971
Welding method shall be either gas tungsten arc or gas metal arc
C Shop Assembly — Pre-assemble items in the shop to the greatest extent possible, so as to
minimize field assembly of units at the proJect site Disassemble units only to the extent
necessary for shipping and handling limitations Clearly mark units for re-assembly and
coordinated installation
D Commercial Standards
ANSI B16 5
ANSI/ASME B1 20 1
ASTM A 36
NEMA ICS 6
NFPA 70
SSPC-SP1
SSPC-SP2
Pipe Flanges and Flanged Fittings, Steel Nickel Alloy
and other Special Alloys
General Purpose Pipe Threads (Inches)
Specification for Structural Steel
1988 (Rev 1) Enclosures for Industrial Control and Systems
Current National Electrical Code
Solvent Cleaning
Hand Tool Cleaning
SSPC-SP3
SSPC-SP6
ASTM A 125
1.3 Contractor Submittals
Power Tool Cleaning
Commercial Blast Cleaning
Hot Dipped Galvanizing
The information listed below shall be submitted to the ENGINEER for review in accordance with
Section 01100 The submittal shall, as a minimum, include the following data drawings and other
descriptive materials
�
1.4
1.5
�
A CAD shop drawings to describe and show PRV station construction and materials
Information to be Provided.
1 O& M manual information in accordance with manufacturer's requirements
Quality Assurance
PRV Station Responsibility and Coordination
The CONTRACTOR shall cause all equipment specified under this section to be
furnished by the PRV station manufacturer who shall be responsible for the adequacy
and compatibility of all PRV station components Any component of the complete PRV
station not provided by the manufacturer should be designed, fabricated, tested, and
installed by factory-authorized representatives experienced in the design and
manufacture of the PRV station equipment specified herein This requirement,
however, shall not be construed as relieving the CONTRACTOR of the overall
responsibility for this portion of the work
:
1.6
2 The CONTRACTOR shall cause the PRV station manufacturer and its suppliers to
coordinate design of the PRV station such that all equipment is compatible and capable
of achieving the perFormance requirements specified herein
Design Requirements
The PRV station site and cross section arrangement shown on the drawings is based upon the
best information available to the ENGINEER at the time of design and is not intended to show
exact dimensions peculiar to any specific equipment unless otherwise shown or specified It is
anticipated that the connected piping and valves shown, in part or in whole, may have to be
modified in order to accommodate the specific PRV station furnished No additional payment
will be made for such modifications All necessary calculations and drawings for any related
design shall be submitted to the ENGINEER for approval prior to beginning the work
Start-up Services
Installation of the package PRV station, including all water connections to the station, will be
performed by the Contractor When the station is ready for operation, the PRV station manufacturer
shall provide the services of a qualified technician, who shall review the installation and start-up of
the PRV station The control valve manufacture will have established service department for a
minimum of ten years in the local area
1.7 Warranty
The CONTRACTOR shall warrant the package PRV station to be of quality construction, free from
defects in material and factory workmanship The PRV station chamber and cover shall be
warranted for a period of one (1) year to be free from defects, resistant to rust, corrosion, or physical
failures occurring in normal service, when installed in accordance with the manufacturer's
recommendations
The interior equipment, valves, piping, and apparatus shall be warranted for a period of one (1) year,
excepting only those items normally consumed in service, such as light bulbs, oil, grease, gaskets, or
O-rings The CONTRACTOR shall be solely responsible for the PRV station and all related
components, warranties, and guarantees by the suppliers of various components will not be
accepted
Ma�or components, which fail to perForm as specified by the ENGINEER or prove defective in service
during the warranty period, shall be replaced, repaired, or satisfactorily modified by the
CONTRACTOR without cost of parts or labor to the OWNER After start-up service has been
perFormed, labor to replace accessory items, or other accessible and easily serviced parts, shall be
the responsibility of the OWNER Such components, parts, or repairs determined to have failed
because of defects in workmanship or materials will be replaced or repaired F O B factory or other
designated location
PART2 PRODUCTS
2.1 General
The package type PRV station shall be a pre-engmeered and shop assembled station It shall
include all necessary valves, piping and controls for a complete and operable system as specified
and as shown on the drawings and supplemental drawings The package PRV station shall be
constructed by a company with a minimum of 10 years experience in manufacturing package PRV
stations
The package PRV station shall be delivered to the �ob site requiring no additional fabrication or
similar work, other than placement, and connections to supply and discharge pipes necessary for a
fully functional unit
Factory assembly of the package station shall include but not be limited to controi valves with
isolation valves, inlet and outlet pressure gauges with isolation valves, line strainers, when used with
blowdown valves installed, air release valves with isolation valves, 3 /" hose bib with ball valves and
vacuum breaker, aiuminum access ladder with safety post, coupiings to allow easy valve removal,
and all needed appurtenances
2.2 Experience Requirements
The package PRV station shall be the product of a manufacturer who has the financial resources,
techn�cal qualrficat�ons, experience, organ�zation and facilities adequate to design and manufacture
package PRV stations of the type specified The manufacturer shall have a minimum of 10 years
experience in manufacturing PRV stations and shall have completed at lease fifty prior successful
installations, within the area, of package type PRV stations similar in size and scope to the
installation herein specified
Said proof of experience shall be included in the submittal package and shall include facility
locations, names and phone numbers of operators or persons familiar with system perFormance,
dates of operation, and other pertinent information required by the Engineer
Lack of required experience will be grounds for reJection of a submitted package PRV station, and
the Contractor will be required to submit an alternate station which can meet the above experience
requirement No change in the bid price will be allowed for furnishing an alternate station, which will
meet these specifications
2.3 Station Enclosure
Valve Chambers shall be (2) piece pre-cast reinforced concrete H20 load rated with openings to
accommodate all piping and mastic for seam Chamber interior shall be painted with White CS55
sealant to improve lighting Chamber exterior shal! be sealed with Black CS55 sealant or insulated
with polyurethane foam as required to provide a watertight enclosure Chamber shall have provision
for 30" manhole frame with cover or access hatch
2.4 Piping
All pipe to be fabncated from schedule 40 steel to AVWVA M11 Steel Pipe design Standards
Finished pipe to be sandblasted, epoxy lined and coated with NSF 61 approved epoxy to AVWVA
C210 specifications
2.5 Testing and Start-Up
After the package PRV station has been installed in the field, the PRV station manufacturer shall
furnish competent personnel to start up and test the complete package system An operational test,
simulating service conditions, shall be given to check for leaks in all piping, valves and seals, and all
auxiliary equipment All irregularities shall be corrected to the satisfaction of the Engineer
PART 3 EXECUTION
3.1 Package PRV Station
A The Contractor shall furnish, install, test and ad�ust the complete package PRV station,
consisting of the PRVs, isolation valves, air release valves, sump pumps, piping, and controls,
mounted in a concrete chamber enclosure
B The unit shall be installed at the location shown of the Plans
C The package PRV station shall be tested after installation Testing will be conducted by the
manufacturer's representative, and will consist of simulating flow demand requirements by
operating a fire hydrant in the system Normal sequencing of PRVs shall be simulated
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