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Home My WebLink About1 - Original Submission_ APSCO Scope REV1 - Bremerton 3 Replacement MSX APSCO SCOPE OF SUPPLY Page 1 Date: February 28, 2022 To: Kevin Golnik Customer: City of Bremerton, WA Subject: Scope of Supply and Commercial Offer REV1 APSCO is pleased to provide the following detailed scope of work for the Duplicate Replacement Flowserve MSX Submersible Pumps for the City of Bremerton, WA. Duplicate Flowserve 6MSX19AW Submersible Pump Equipment Quoted: • Equipment Serial Number: 03M0021, 03M0022, 03M0023 • Manufacturer: Flowserve Equipment Supply Details: • Quantity (3) Three Flowserve MSX Pump Model 6MSX19AW • Conditions of service: 2,175 U.S. gpm at 91 ft TDH • Motor 75HP, 1200RPM, 460/3/60 • Casing Material: Cast Iron • Impeller Material: Cast Iron • Pump Shaft Material: 416SS • Casing Wear Ring Material: Hardened Stainless Steel • Impeller Wear Ring Material: Hardened Stainless Steel Spare Parts: • None Quoted. Accessories: • Lifting Bail Control Panels: • None quoted Variable Frequency Drives: • None quoted Factory Services: • None quoted Field Services: • None Quoted. Documentation: • None Quoted. Equipment Delivery: • Delivery 24 weeks from acceptable order and release to manufacture. DocuSign Envelope ID: BB24E3A9-2BF3-4526-8D52-B20035C8BAC6 APSCO SCOPE OF SUPPLY Page 2 Warranty: • 12 months from delivery not to exceed 18 months from shipment Comments/Exceptions: • Testing is not included in proposal. • Any coatings will be duplicated. However modern day equivalent coatings may need to be provided where needed due to discontinued coating products. Exclusions: • Installation of equipment • Pressure monitoring devices • Field painting • Concrete work, foundations, piping, or piping fittings • Valves, gauges, meters, or other fittings except as described herein • Hatches, hoists or davit cranes unless noted above • Anchor bolts or special tools • Guide rails • Conduit, wiring or cable except as noted herein • Process instrumentation, controls, or electrical wiring unless included above • Field testing and equipment unless noted above • Video taping of training • Taxes of any kind Terms: • Payment Terms: 100% Net 30 Days Quote Validity: • 60 Days Price: • ………………………………………………………………………$____251,400.00_____ Taxes (9%): • ………………………………………………………………………$_____22,626.00_____ Freight to Jobsite: • ………………………………………………………………………$______3,000.00_____ Total: • ………………………………………………………………………$____277,026.00_____ Attachments: • APSCO Terms and Conditions Contacts: Sales Engineer: Application Engineer: Joe Kernkamp Josh Clark Cell Phone: (206)-890-4039 Office Phone: 425-448-9510 DocuSign Envelope ID: BB24E3A9-2BF3-4526-8D52-B20035C8BAC6 90 80 70 200 180 160 140 60 120 50 100 40 -13 20 10 0 80 60 40 20 0 ------1 i-- ,I - . 1 1 I , ,1 1 1 ___1 __I1 1 ._ __L_I .--_ I _ _ I _ -;------..... . . __ --_--I I I-_______ ._____|1 I ._I . _L l__I __I __ -1 --- I ______[I _ N1 i I I I I __I_ ___ ._____! I I 1I. I _- - - -- I 1 L_Il; __...1___ ; __ .-'-[1.....-- I _ ,1 1 I I ;1 f I I . 0 500 1000 1500 Capacity USGPM 2000 2500 75 3000 0 This curves shows the expected heads and efficiencies at other capacities but this additional data is approximate only and not guaranteed.FLOWSERVE Model 6MSX19A Speed 1175 RPM Curve Number S002664 DocuSign Envelope ID: BB24E3A9-2BF3-4526-8D52-B20035C8BAC6 APSCO LLC TERMS AND CONDITIONS OF SALE 1. SCOPE: Unless otherwise agreed in writing, Seller's (APSCO, LLC) acceptance of Purchaser's purchase order is conditioned upon Purchaser accepting these terms and conditions. Seller sells its equipment in accordance with the following provisions. 2. PRICES: Prices are F.O.B. Seller's or its supplier's plant. Prices do not include any federal, state or local sales, use or other taxes and taxes will be added to the sale price for Purchaser's account. 3. TERMS: Unless otherwise agreed, all invoices are due and payable 100% net 30 days from date of shipment or notification of readiness to ship. All credit terms are offered subject to Purchaser's credit worthiness with said worthiness to be determined solely by the Seller. Full payment is due as indicated and late payment may be subject to a specified service charge. Purchaser shall pay the full invoiced amount to Seller, regardless of any payment schedule between Purchaser and the Owner, or others. If Purchaser is in default in any payment, Seller may offset any monies of Purchaser available to Seller or in Seller's possession; declare all payments for work completed immediately due and payable; stop all further work until payments are brought current and/or require advance payment for future shipments. 4. ITEMS INCLUDED: Each sale includes only the equipment described in the order. Responsibility for proper operation of equipment if not installed or operated in accordance with Seller's instructions, rests entirely with Purchaser. Seller shall supply only those safety devices, if any, described in the order or in its proposal and drawings, and shall comply with those provisions of the federal Occupational Health and Safety Act of 1970 which Purchaser and Seller have identified as specifically applicable to the manufacture of Seller's equipment hereunder. Seller shall not be responsible for compliance with state or local safety and health statutes of special application unless it has accepted such responsibility in writing. 5. SECURITY INTEREST: Seller retains a security interest in and right of repossession to the equipment until the full purchase price has been paid. Purchaser will not encumber nor permit others to encumber said equipment by any liens or security instruments. In the event legal action is necessary to enforce Purchaser's obligations under this order, Seller shall be entitled to recover its court costs and reasonable attorney's fees if it prevails. Purchaser shall provide insurance for Seller's benefit to protect Seller’s interest against loss or damage until invoice is fully paid. 6. SHIPMENTS AND DELIVERY: Seller shall use its reasonable efforts to meet all shipment or delivery dates recited herein or in Purchaser's order, but any such dates are estimates only and are not guaranteed. Seller shall have no liability to Purchaser for damages or penalties, direct or indirect, for any delay in shipment or delivery, whether such delay is minor or substantial, nor shall Purchaser have the right to declare a breach of contract because of any such delay. Delivery of schedules are subject to prompt receipt by Seller of all necessary information and instructions from Purchaser, including any required approval of drawings, and establishment of agreed terms of payment. Unless otherwise agreed, all shipments are F.O.B. Seller's factory and all claims for damage, delay, or shortage arising from any shipment shall be made directly against the carrier by the Purchaser. When shipments are specified F.O.B. destination, Purchaser shall inspect the equipment, and notify Seller of any damage or shortage within seven days of receipt. Failure to so notify Seller shall constitute acceptance by Purchaser, relieving Seller of liability for damages or shortages. Unless prohibited by Purchaser, Seller shall make partial shipments of completed items for payment under terms of order. 7. WARRANTY: Seller warrants equipment of its manufacture only in accordance with its current applicable Seller’s Product warranty against defects in workmanship and materials, which warranty is incorporated by reference and made a part hereof. 8. PATENTS: Seller agrees that it will defend and indemnify Purchaser against damages arising from proceedings, alleging that Seller's equipment infringes any apparatus claim of a patent existing as of date of order, provided Seller is given prompt written notice of such proceeding or threat thereof under a patent, and Purchaser accords Seller full control of the defense, applicable patent/fraud counterclaims, settlement or compromise thereof and any recoveries thereunder. Purchaser agrees that it shall furnish Seller, on request, all needed information, assistance and authority to enable Seller so to defend. Seller will reimburse Purchaser for actual out-of-pocket expenses, exclusive of legal fees, incurred in rendering assistance at Seller's request. The foregoing states the entire liability of Seller with respect to patent infringement. Purchaser agrees that it shall indemnify the Seller against all claims, demands, damages, penalties, costs and expenses to which the Seller may become liable by reason of any infringement or alleged infringement of a patent or patents arising out of performance of this order if the equipment is constructed in accordance with Purchaser's detailed drawings or designs submitted to Seller. 9. CANCELLATION, SUSPENSION OR DELAY: If Purchaser requests or causes a cancellation, suspension or delay of Seller's work, Purchaser shall pay Seller all appropriate charges incurred up to date of such cancellation, suspension or delay, plus Seller's overhead and reasonable profit. Additionally, all charges related to and risks incident to storage, disposition, and/or resumption of work shall be borne solely by Purchaser. 10. LIMITATION OF LIABILITY: Seller shall not be liable to Purchaser for any consequential or incidental damages of any nature for any reason whatsoever, whether such damages are based in contract or in tort, including strict liability or negligence. The remedies stated in Seller's warranty attached hereto constitute the sole and exclusive remedy of Purchaser for any defect in material and workmanship or performance failure of Seller's equipment. Seller’s liability for direct damages shall not exceed the material portion of the contract price for the defective equipment. 11. CHANGES AND BACKCHARGES: Seller shall not be obligated to make any changes in or additions to the scope of the work unless Seller agrees thereto and an equitable adjustment is made to price and/or delivery. Seller will not approve or accept returns of or backcharges for labor, materials or other costs incurred in modification, adjustment, service or repair or equipment unless previously approved in writing by an authorized employee of Seller. 12. CHANGES IN DESIGN: With proper notification in writing to Purchaser, Seller reserves the right to modify the design and construction of equipment in order to incorporate improvements or to substitute material equal or superior to that originally specified. No charge shall be made to Purchaser for modifications made to Seller's option. 13. PROPRIETARY INFORMATION: All information furnished by Seller is solely for Purchaser's use in connection with the equipment purchased herein, and shall not be disclosed to any third party without Seller’s prior written consent, unless required by law. 14. FORCE MAJUERE: The Seller shall be relieved of its obligations hereunder and of any liabilities contained herein whenever and to the extent to which the fulfillment of such obligations is prevented, frustrated or impeded by conforming to any statue or any rule, regulation, order or requisition made thereunder, or any consequence thereof, by state, federal, national or international prohibition or sanction, by war (whether declared or not), military activity, terrorism, acts of public enemies, accidents, fire, flood, nuclear fallout, acts of God or any cause of like or different kind beyond its control, or by reason of any industrial dispute, or any consequence thereof. DocuSign Envelope ID: BB24E3A9-2BF3-4526-8D52-B20035C8BAC6 15. GOVERNING LAW: This agreement shall be interpreted in accordance with the laws of the State of Washington, U.S.A., which laws shall be deemed to be the governing law of this contract with regard to any disputes or questions of interpretation between the parties. DocuSign Envelope ID: BB24E3A9-2BF3-4526-8D52-B20035C8BAC6