HomeMy WebLinkAbout5264Contract Number
Vendor
Sub�ect•
Department
File Class.
Begin Date:
End Date
Review Date.
Vault Date•
52 64
HD FOWLER COMPANY
GSA - GCS Package Type Control Valve Station
Water Resources
LEG 12-1
7/26/2013
10/24/2013
2015
Comments
° '���i
GOODS AND SERV[CES AGREEMENT _ �ig`
THIS AGREEMENT is entered mto between the City of Bremerton, a Washington Mumcipal Corporation ("City"), and H D
Fowler Company, ("Vendor"), whose ma�lmg address is 4303 State 3 W, Bremerton, WA 98312
The parties agree as follows
VENDOR SERVICES The Vendor shall provide the followu�g goods and matertals and/or perform the followmg services for the
City Provide Pressure Reducmg Valve (PRV) as described m the attached "GCS Package Type Control Valve Station" and Drawing
#11108-51
2 TIME OF COMPLETION Vendor shall complete the work and prov�de all goods, mater�als and serv�ces w�thm 90 calendar
days from the date all part�es have stgned th�s Agreement
3 COMPENSATION The City shall pay the Vendor the total amount not to exceed $35,000, mcludmg applicable Washmgton
State Sales Tax, for the goods, materials and services contemplated m this Agreement
A Defective or Unautharized Work The City reserves its r�ght to w�thhold payment from Vendor for any defective or
unauthorized goods, materials or services If Vendor �s unable, for any reason, to complete any part of th�s Agreement,
,
the City may obtam the goods, materials or serv�ces by Agreement or otherwise, and Vendor shall be liable to the C�ty
for any additional costs mcurred by the City "Addrtional costs" shall mean all reasonable costs, u►cludmg legal costs and
attorney fees, mcurred by the City beyond the maximum Agreement price specified above The C�ty further reserves its
right to deduct the cost to complete this Agreement, mcludmg any Add�t�onal Costs, from any and all amounts due or to
become due the Vendor
4 INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acttng as an mdependent contractor and not as an
employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of mcome tax, soc�al security,
state disability msurance compensation, unemployment compensat�on, and all other payroll deductions for the Contractor, officer, agents,
employees and sub-contractors The Contractor shall also secure all applicable busmess licenses, if requ�red, v► connection w�th the contract
sernces, mcludmg all required licenses for Contractor's officers, agents, employees and sub-contractors
5. TERMINATION The C�ty may termmate this Agreement for good cause "Good cause" shall mclude, wtthout Lmrtat�on, any
one or more of the followmg events
A The Vendor's refusal or fa�lure to supply a suffic�ent number of properly skilled workers or proper materials for
complehon of this Agreement
B The Vendor's failure to complete this Agreement withm the time specified m 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 filmg for bankruptcy or becoming ad�udged bankrupt
If the Ctty terrnmates thts Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement
until the goods, materials and serv�ces requ►red by this Agreement are completed and fully performed
6. CHANGES The City may �ssue a written change order for any change m the goods, materials or services to be provided durmg
the performance of this Agreement If the Vendor determmes, for any reason, that a change order �s necessary, Vendor must submit a
written change order request to an authorized agent of the C�ty wrthm fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events givmg rise to the requested change If the C�ty determmes that the change mcreases or decreases the Vendor's
costs or time for performance, the City w�ll make an equrtable ad�ustment The C�ty will attempt, m good fa�th, to reach agreement wrth the
Vendor on all equitable ad�ustments However, if the part�es are unable to agree, the City will determme the equrtable adJustment as it
deems appropriate The Vendor shall proceed w�th the change order work upon receivmg either a written change order from the C�ty or an
oral order from the C�ty before actually receivmg the wr�tten change order If the Vendor fails to require a change order withm the time
allowed, the Vendor wa►ves its nght to make any claim or submit subsequent change order requests for that portion of the contract work If
the Vendor disagrees wrth the eyuitable 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 d�rectwn, mstruction, �nterpretation, or determu►ation by the City, the
Vendor shall
Immediately grve a signed written norice of protest to the City,
2 Supplement the written protest w�thm fourteen (14) calendar days w�th a wr�tten statement that prov�des the
followmg mformation
The date of the Vendor's protest
The nature and circumstances that caused the protest
The provisions m this Agreement that support the protest
d The estimated dollar cost, if any, of the protested work and how that est�mate was determmed
An analysis of the progress schedule showmg the schedule change or d►sruption if the Vendor �s
assertmg a schedule change or disrupt�on
The Vendor shall keep complete records of extra costs and time mcurred as a result of the protested work The
C�ty shall have access to any of the Vendor's records needed for evaluatmg the protest
The City will evaluate all protests, provided the procedures m th�s sect�on are followed if the City determmes that a
protest is valid, the C�ty will ad�ust payment for work or time by an equitable adJustment No ad�ustment will be made
for an mvalid protest
B Vendor's Duty to Complete Protested Work In sprte of any protest, the Vendor shall proceed promptly to provide the
goods, mater�als 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) endorsmg it, (2)
wrtttng a separate acceptance, or (3) not protestmg tn the way this sect�on provides A change order that ts accepted by
Vendor as prov�ded m this sectton shall constitute full payment and final settlement of all clauns for contract tune and for
direct, mdirect and consequent�al costs, mcludmg costs of delays related to any work, erther covered or affected by the
change
D Fatlure to Protest Constitutes Waiver By not protestmg as this section provides, the Vendor also wa�ves any additional
entrtlement and accepts from the C�ty any written or oral order (mcludmg d�rections, mstructions, mterpretat�ons, and
determmat�on)
E Failure to Follow Procedures Const�tutes Waiver By failmg to follow the procedures of th�s section, the Vendor
completely wa�ves any claims for protested work and accepts from the C�ty any wr�tten or oral order (mcludmg
directions, mstructions, mterpretat�ons, and determmat�on)
7 CLAIMS The Vendor shall grve written notice to the C�ty of all claims other than change orders wrthm fourteen (14) calendar
days of the occurrence of the events grvmg rise to the cla�ms Any clatm for damages, addrt�onal payment for any reason, or extension of
time, whether under this Agreement or otherwise, shall be conclustvely deemed to have been waived by the Vendor unless a timely written
,
claim is made m str�ct accordance w�th the appl�cable prov►sions of this Agreement, or, �f (and only �� no such proviston �s applicable,
unless that claim is set forth m detail m writmg and received by the C�ty within seven (7) calendar days from the date Vendor knew, or
should have known, of the facts givmg rise to the claim At a mmimum, a Vendor's written claim must mclude the mformation set forth
regardmg protests m Sect�on 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 cla�m or brmg any su�t ar�smg from or connected w�th this Ageement w�thm 120 calendar days
from the date the contract wark �s complete
8 WARRANTY The Vendor shall correct all defects m workmanship and materials withm one year from the date of the C�ty's
acceptance of the Contract work When defects are corrected, the warranty for that port►on of the work shall extend for one year from the
date such correction is completed and accepted by the City The Vendor shall begm to correct any defects wrthm seven (7) calendar days of
its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable rime, the C�ty may
complete the corrections and the Vendor shall pay all costs mcurred by the C�ty m order to accomplish the correction
INDEMNIFICATION Vendor shall defend, mdemn►fy and hold,the City, its officer, offic�als, employees, agents and volunteers
harmless from any and all claims, m�uries, damages, losses or suits, mcludmg all legal costs and attorney fees, arismg out of or m
connect�on with the performance of this Agreement Vendor's obligat�on to mdemn�fy shall not extend to that portion of damages caused by
the City's sole negligence
The City's inspect�on or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants
of mdemnification
Should a court of competent�unsd�ction determme that this Agreement is sub�ect to RCW 4 24 115, then, m the event of Lability
for damages ar�sing out of bodily m�ury to persons or damages to property caused by or resultmg from the concurrent negligence of the
Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liabilrty hereunder shall be only to the extent of
the Vendor's negl�gence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES
THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL MSURANCE, 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 expirat�on or termmation of this Agreement
10 INSURANCE The Vendor shall procure and mamta►n for the duration ofthis Agreement, msurance agamst clauns for m�ur�es 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,
representat�ves, employees or subcontractors
Before begmnmg work on the pro�ect described m this Agreement, the Vendor shall provide a Cert�ficate of Insurance evidencu►g
Automobile L�ab�l�tv msurance with limits no less than $1,000,000 combmed smgle lumt per acc�dent for bodily in�ury
and property damage, and
Commercial General L�ab�litv msurance written on an occurrence basis wtth limits no less than $1,000,000 combmed
smgle limit per occurrence and $2,000,000 aggregate for personal m�ury, bodily m�ury and property damage Coverage
shall mclude but not be limited to blanket contractual, products/completed operat�ons/broad form property damage, and
employer's l�ab►l�ty
Any payment of deducttble or self msured retention shall be the sole responsibiLty of the Vendor
All requ�red policies shall be provided on an "occurrence" basis except professional hability msurance (�frequu wh�ch shall be
provided on a "claims-made" basis
The C�ty shall be named as an addrtional msured on the Commercial General L�abil�ty msurance policy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement nammg the City as addrtional msured shall be attached to
the Cert�ficate of Insurance The City reserves the r�ght to rece►ve a certified copy of all the required msurance policies
The Vendor's Commercial General Liabil�ty msurance shall contam a clause statmg that coverage shall apply separately to each
msured agamst whom claim is made or surt is brought, except wrth respects to the hmits of the msurer's liabil�ty
The Vendor's msurance shall be primary msurance as respects the City and �t shall be an affirmative obligat�on upon Consultant to
advise the C�ty's R�sk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn
Risk Management, 345 6�' Street, Su►te 600, Bremerton, WA 98337 w�thm two days ofthe cancellat�on, suspension or substant�ve
change of any msurance pol�cy set out herein, and failure to do so shall be construed to be a breach of this Agreement
The City also reserves its unqualified right to requ�re at any time and for any reason, proof of coverage m the form of a duplicate
of the msurance poltcy wrth all endorsements as evidence of coverage
11. MISCELLANEOUS
A Licenses and Taxes Vendor shall possess a current Bremerton Busmess L�cense and any regulatory license required to
fulfill Vendor's obligations under 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
delmquent
B Confl�ct and Precedence In the event of a conflict between the contract documents, the document wh�ch rates higher on
the followmg list shall take precedence
1 Addenda, �f any,
2 Contract,
3 Spec�fications,
4 Terms and Conditions,
5 Contractor's proposal
C Documents Incorqorated by Reference The followmg documents are mcorporated by reference, to mclude, but not be
limrted to
Terms and Conditions,
2 Specificat�ons,
3 Proposal, and
4 Non-Collusion Affidavit
D Nond�scnmmation In the hirmg of employees for the performance of work under this Agreement the Vendor, rts
subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, rel�g�on, color, sex, sexual
orientation, national or�gm, or the presence of any sensory, mental, or physical disab�lity, discrunu►ate agamst any person
who �s qualified and available to perform the work to wh�ch the employment relates
E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout
s every aspect m the performance of this Agreement
F Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be respons�ble for the safety of
�ts employees, agents, and subcontractors m the performance of this Agreement All work shall be done at Vendor's own
r►sk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection w�th the work
G Governm Law This Agreement shall be governed and consri m accordance with the laws of the State of
Washmgton If any dispute ar�ses between the C�ty and Vendor under any of the provisions of this Agreement, resolution
of that dispute shall be available exclusively under the�urisdiction, venue and rules ofthe Krtsap County Superior Court,
Kitsap County, Washmgton
�
H Attorney's Fees In any claim or lawsuit for damages arismg from the parties' performance ofth�s Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees mcurred m defendmg or brmgmg such claun or
lawsuit, however, nothmg m th►s subsection shall limit the City's nght to mdemnificahon under Secrion 9 of th�s
Agreement
Written Notice All commumcations regardmg this Agreement shall be sent to the parties at the addresses listed below,
unless otherw�se notified Any written not�ce shall become effective upon dehvery, but m any event three (3) calendar
days after the date of mailmg by registered or certified mail, and shall be deemed suffic�ently given if sent to the
addressee at the address stated m th�s Agreement
Not�ces to be sent to
K
L
M
VENDOR
Attn H D Fowler Company
4303 State Highway 3 W
Bremerton, WA 98312
Not�ces to be sent to
CITY
Attn K Cahall
Water Resources Diviston
Ctty of Bremerton
100 Oyster bay Ave N
Bremerton, WA 98312
Assi nment Any assignment of this Agreement by the Vendor wrthout the written consent of the C�ty shall be void
Modification No waiver, alteration, or mod�ficat�on of any of the prov�sions ofthis Agreement shall be b►ndmg unless m
wrrtmg and signed by a duly authorized representatrve of the City and Vendor
Severab�l�tv If any one or more sections, sub-sections, or sentences of thts Agreement are held to be unconstrtutional or
mval�d, that decision shall not affect the validity of the remammg portion of this Agreement and the remainder shall
remam m full force and effect
Entire Agreement The written provisions and terms of this Agreement, together w�th any attached Exh�brts, supersede
all prior verbal statements by any representat�ve of the C�ty, and those statements shall not be construed as formu►g a part
of or altermg m any manner this Agreement This Agreement and any attached Exhibits contam the entire Agreement
between the parties Should any language m any Exhibit to this Agreement confl�ct w�th any language contained m this
Agreement, the terms of this Agreement shall prevail
IN WITNESS WHEREOF, the parties below have executed th�s Agreement
VENDOR
� �bN1�F.r �w�.Dd.�
B ,r/�-:� 3 ��✓
Prmt Name _ N�r�wlc.�i C,I�.nA
Its ►JL
Date (n/1�'i/I �
CITY
City of Bremerton
B ��%u-1 Gi�� 7`
Prmt Name
�ts m�
Date _' �3
APPRO / ORM
By
remerton C�
A `
By
City Clerk
GCS PACKAGE TYPE CONTROL VALVE STATION
PART1 GENERAL
1.1 Scope
I1
:
1.2
�
Work covered in this section includes furnishing, 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
Buildmgs", 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
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
SSPC-SP1
SSPC-SP2
SSPC-SP3
SSPC-SP6
ASTM A 125
1.3 Contractor Submittals
Solvent Cleaning
Hand Tool Cleaning
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
n
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
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
B 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
1.6 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-engineered 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 control 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, aluminum access ladder with safety post, couplings 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,
technical qualifications, experience, organization 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 re�ection 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 shall 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 fabricated from schedule 40 steel to A1NWA M11 Steel Pipe design Standards
Finished pipe to be sandblasted, epoxy lined and coated with NSF 61 approved epoxy to AWWA
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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