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HomeMy WebLinkAbout2726 44704e 1 b RESOLUTION NO 2 7 2 6 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AUTHORIZING THE CITY TO NEGOTIATE THE PURCHASE OF 5 THE WEMCO-HIDROSTAL "PREROSTAL" SYSTEM FOR USE IN CONSTRUCTION OF THE PUMP STATION TO BE LOCATED AT 1302 39TH STREET NE, 6 WITHIN THE CITY OF AUBURN 7 WHEREAS, the City' s Department of Public Works has 8 conducted a screening process to determine what type of pump 9 10 best suits the City' s needs for the pump station to be 11 constructed at 1302 - 39th Street NE, Auburn, Washington, 12 which pump station is Phase 1-B of the North Central Storm 13 Improvement; and 14 WHEREAS, it has been determined that the WEMCO-Hidrostal 15 16 "Prerostal" System pump best meets the City' s needs for the 17 pump station in that it is the most efficient and most 18 economical; and 19 WHEREAS, the WEMCO-Hidrostal pump is available only 20 21 through one manufacturer, i e , EnviroTech Pumpsystems, a 22 corporation formed under the laws of the State of Utah, who 23 holds impeller patents numbered 4347035 and 4540334 for its 24 WEMCO-Hidrostal "Prerostal" System pump 25 26 Resolution No 2726 February 29 1996 Pagel NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 2 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 3 RESOLVES THAT 4 5 Section 1. The City is hereby authorized to negotiate 6 the purchase of the WEMCO-Hidrostal "Prerostal" System pump 7 from EnviroTech Pumpsystems, a sole source supplier, 8 Procurement Contract 586, for use in construction of the pump 9 station to be located at 1302 39th Street, NE, Auburn, 10 11 Washington, which pump station is Phase 1-B of the North 12 Central Storm Improvement 13 Section 2 . The Mayor is hereby authorized to implement 14 such administrative procedures as may be necessary to carry 15 out the directives of this legislation 16 17 DATED and SIGNED this 4th day of March, 1996 18 19 CITY OF AUBURN 20 21 `—'tcuT� 1 d 22 N CHARLES A BOOTH 23 MAYOR 24 25 26 Resolution No. 2726 February 29 1996 Page 2 1 ATTEST 2 3 4 eg6CCLiaktiti,eleik&_./ 5 Robin Wohlhueter, City Clerk 6 7 8 9 APPROVED AS TO FORM 10 ' 11 / f �, ' 12 Michael J Reynolds, City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2726 February 29 1996 Page 3 /612s PROCUREMENT CONTRACT NO 96-10 THIS PROCUREMENT CONTRACT made and entered into on this /0 day of --144 u-7 , 1 , by and between the CITY OF AUBURN, a municipal corporation under the/laws of the State of Washington, hereafter known as City and EnviroTech Pumpsystems, a corporation formed under the laws of the State of Utah, whose address is PO Box 209 Salt Lake City, Utah 84110-0209, hereafter referred to as Seller WHEREAS, the City of Auburn requires equipment purchase for its purposes; and WHEREAS, the City of Auburn has entertained proposals for this equipment; and NOW, THEREFORE, the parties in consideration of the conditions and covenants herein, the parties agree as follows: I. PURPOSE The parties agree and understand that the City requires a pump equipment purchase contract. The Seller is knowledgeable of and has been informed of the City's specific needs and purposes for purchasing such equipment. The Seller specifically represents and agrees that the pump equipment will specifically be suitable for the purposes and needs of the City and the parties agree that the City will confirm that the equipment is suitable under the terms of Section IV of this contract. Procurement Contract No 96-10 /7;�/ April 2, 1996 Page 1 of 7 II. SALE Seller hereby agrees to sell and deliver to and the City of Auburn agrees to buy receive and pay for during the term hereof and in accordance with the provisions of Seller's WLMCO General Terms and Conditions of Sale" (Exhibit "B" as amended, attached and incorporated by reference in this agreement) as redacted and as superseded by this contract, the products named in Section III below and at the prices specified in this contract. III. PRODUCT In the performance of their respective obligations, Seller will deliver and the City will receive and pay for the pump equipment, which is more specifically described in Exhibit "A" attached and incorporated by reference in this agreement and identified in attached documents hereto and incorporated by reference described in contract. IV INSPECTION Seller guarantees that the product delivered to the City will be entirely satisfactory to the City and the City shall be the sole judge of such satisfaction. The City may, at its discretion, send a representative to observe testing of all units in this order Testing will be per 1 04 of Exhibit "A" The City will be allowed twenty (20) days from the time the City receives the product at the City's address to ascertain whether the product is satisfactory Procurement Contract No 96-10 April 2, 1996 Page 2 of 7 V CONSIDERATION Upon the City's acceptance of all goods as provided in this contract, the City agrees to pay the Seller the total purchase price of$168,495.53 ($155,726 00 for product plus $12,769.53 state sales tax), F O.B. destination, constituting the total purchase price for the product described in this agreement, including freight, taxes and insurance charges. Seventy percent (70%) of the purchase price shall be paid to EnviroTech Pumpsystems within 30 days of delivery of the product unless the product is returned in accordance with Section IV The remaining thirty percent (30%) will be paid when the total system is operational and all equipment has been received by the City or on 1 March 1997, whichever comes first. On the condition the City cancels this order, the Seller will be compensated for any costs incurred in the partial construction of any custom work performed for the City Compensation will not be made for any work performed that can be incorporated into standard Seller products. The Seller is specifically reminded of his letter of 7 June 1995 to an agent of the City This statement from this letter is made a part of this contract: As an extra level of comfort for your client. WEMCO has agreed to stock one additional motor of each size in Salt Lake City dedicated to the City of Auburn. This would be accomplished by increasing inventory above normal stock levels. These motors would not be sold without permission of Auburn. Procurement Contract No. 96-10 April 2, 1996 Page 3 of 7 VI. DELIVERY The product shall be deemed received by the City when delivered freight on board to the City's Maintenance and Operations facility at 1305 'C" Street SW Auburn, WA 98001 or to the project site at 1302-30th Street NE, Auburn, WA 98002. Seller shall contact the City prior to shipment to confirm delivery location. Seller shall provide material per 3 04B of Exhibit "A" Provide City with minimum lifting height and weight information. VII. RISK OF LOSS The parties agree that the risk of loss from any casualty to the product shall be upon the City while the goods are in possession of the City Possession begins upon delivery per Section VI. VIII. CLEAR TITLE Seller warrants that at the time of delivery to the City, the product shall be free from any security interests, liens or encumbrances. IX. METHOD OF DELIVERY The parties agree and understand that the Seller agrees to deliver the product to the City of Auburn as specified in the Procurement Contract, as signed by the parties. Failure of the Seller to deliver the product by the date specified herein, shall constitute grounds for the City, at its option, to cancel the agreement without recourse by the Seller Procurement Contract No 96-10 April 2, 1996 Page 4 of 7 X. EXPRESS WARRANTY Seller warrants that (1) the product is merchandise, of good quality and free from defects whether patent or latent, in material or workmanship and (2) the goods sold to the City pursuant to this contract conform to the standards and specifications described in the Procurement Contract incorporated by reference in this agreement. The express warranty shall extend for a period of thirty-six (36) months from the date of installation and start-up or forty-eight (48) months from the date of receipt by the City, whichever is earlier This warranty is not transferable and defects must be registered with the Seller within ten (10) business days of the defect becoming known. Seller shall, if the failure was due to defective material or workmanship, repair or replace at the Seller's option, the defective parts without charge to the City The express warranty will not extend to any damage caused by the negligence of the City On warranty items, Seller agrees to pay freight to and from its repair facilities, for the first twelve (12) months from the City s acceptance of the product. For non-warranty items, the City will pay the freight charges to and from the repair facilities. Both parties agree that the product will be shipped in factory packaging, and that the shipment will be insured. This warranty is in lieu of and excludes all other warranties and conditions expressed or implied whether under common law statute or otherwise, any form of liability for loss or damage direct or consequential or for any accident resulting from defective material or workmanship or otherwise. Procurement Contract No. 96-10 April 2, 1996 Page 5 of 7 Seller shall be liable for all direct damages to City facilities resulting from failure of Seller's product. XI. WARRANTY OF FITNESS FOR PARTICULAR PURPOSE Upon acceptance and payment by the City the City acknowledges that the product covered by this contract is fit for the specific purpose required by the City of Auburn. XIII. ENTIRE AGREEMENT This contract contains the entire agreement between the parties and no statement, promises or inducements made by any party or agent of any party that is not contained in this written contract shall be valid or binding and this contract may not be enlarged, modified or altered except in writing signed by all the parties hereto. XIV EFFECT This contract shall inure to the benefit of and be binding upon the heirs, executors. administrators, assignees and successors of the respective parties. XV LAW OF GOVERNING It is mutually understood and agreed between the parties that this contract shall be governed by the laws of the State of Washington, both as interpretation and performance and that any and all suits for the enforcement of this contract or any provision thereof shall be instituted only in the courts of the State of Washington. Procurement Contract No. 96-10 April 2, 1996 Page 6 of 7 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first above written. CITY OF AUBURN Charles A Booth, Mayor ATTEST e ' i I4, Robin Wohlhueter, City Clerk APPROVED AS TO FORM. s. ILLX Michael J Reynolds, City Attorney WEMCO Pump /EnviroTec/h/_PPumpsystems: Authorized signature S 1dt e S fl A—/Le ,Q c> G r'�� Title SH/bd REF H:\PROJ\PR586-3\E96-295 Procurement Contract No 96-10 April 2, 1996 Page 7 of 7 EXHIBIT A SECTION 11311 IMMERSIBLE PREROTATION SYSTEM SEWAGE PUMPS PART 1 GENERAL 1.01 SECTION INCLUDES A. Provide five (5) prerotation systems and spare parts. Each prerotation system shall consist of a clog-free screw centrifugal pump, immersible motor, suction bell, fast-out system, and a prerotation basin. 1.02 SUBMITTALS A. Shop Drawings: Submit shop drawings in the Product Review category for the prerotation system. Include sufficient data to show that equipment conforms to Specification requirements. Submit shop drawings as a complete initial package. Provide catalog and other data to show that all Part 2 - Products specifications items are met. B. Manuals: Furnish manufacturer's installation, lubrication, and maintenance manuals and bulletins. Furnish a complete list of recommended spare parts and supplies for equipment furnished with current prices and a source of supply C Affidavits: Furnish affidavits from the manufacturer stating that the pumps have been properly installed and tested and are ready for full-time operation. 1.03 QUALITY ASSURANCE A. Pumping equipment provided shall be a standard product in regular production by a manufacturer whose products have proven reliable in five or more installations of similar service for a minimum of five years. B. Equipment and material shall be new and without imperfections and shall be manufactured in a neat and workmanlike manner; aligned, leveled, cleaned, and adjusted for satisfactory operation; ready for installation in accordance with the recommendations of the manufacturer and the best standard practices for this type of work so that connecting and disconnecting of piping and accessories can be readily made and so that all parts are easily accessible for inspection, operation, maintenance, and repair Oil and lubrication fittings shall be located clear of and away from guards, base, and equipment and within reach from the operating floor 1 April 1996 956026.02 11311-1 Immersible Prerotation System Pumps 1.04 FACTORY TESTING A. Test each pump at the factory in accordance with Hydraulic Institute Standards. Provide a manufacturer's certified pump curve for each pump B. Field performance to verify capacity-head conditions will not be performed. 1.5 WARRANTY A. The warranty shall be as provided in the City's Procurement Contract. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. WEMCO Hidrostal Prerotation Pumping System, Models H12K-SD and F10K-HD, or equal 2.02 PERFORMANCE A. The prerotation system shall be self-cleaning of scum and debris within the basin and shall pass raw unscreened stormwater, rags, stringy and fibrous materials without clogging. B. The prerotation system shall be capable of operating without the use of modulating valves or variable speed motors and appurtenances. The pump discharge flow shall match the influent basin flow automatically, as outlined under "system operating conditions." Systems Operating Conditions shall be verified using the manufacturer's in-house computer program. The computer print-out shall be a composite including system head curves, pump head efficiency and brake horsepower vs. capacity curves. Provide calculations and curves from the computer program. C Pumps shall meet the following performance criteria: PERFORMANCE CRITERIA Pump #1 - Pump #2-5 Two-Speed One-Speed Hidrostal Model Number F10K-HD H12K-SD Low Speed Conditions: Motor Speed, rpm 870 n/a 1 April 1996 956026.02 11311-2 Immersible Prerotation System Pumps Flow range, gpm 700-2,200 n/a TDH range, feet 10-18 n/a Efficiency at full flow, % 75-77 n/a Efficiency in prerotation, % 77-45 n/a Full Speed Conditions: Motor Speed, rpm 1160 870 Flow range, gpm, each pump 1,400-3,500 2,400-5,500 TDH range, feet 10-18 10-18 Efficiency at full flow, % 75-77 75-77 Efficiency in prerotation, % 77-45 77-55 Solids passing, Max. required, 4 3/4 5 7/8 inches 2.03 PREROTATION SYSTEM DESIGN The prerotation system component design includes pump, motor, suction bell, fast-out system, and basin, and shall conform to the following specification: A. Immersible Pump' 1 Design a. The basic design shall be a single-passage, clog-free pump, utilizing a screw-centrifugal impeller The overall pump design shall combine high efficiency, low required NPSH, a large solid passage, the ability to handle rags or other fibrous material without clogging and handle high solids concentrations efficiently without plugging. b The hydraulic design of the impeller shall combine the action of a positive displacement screw with the action of a single-vane centrifugal impeller to provide a single, non-bifurcated flowstream with only gradual changes in flow direction. The leading edge of the impeller vane shall blend into the impeller body in such a way that rags or other fibrous material caught on the leading edge and folded over the vane will be released as the textile follows the flowstream through the pump The impeller flange or impeller shall contain a machined spiral groove on the back shroud so that any solids in the pumped media are discharged from the rear of the impeller 1 April 1996 956026.02 11311-3 Immersible Prerotation System Pumps c. In order to maintain optimum clearances along the entire length of the impeller to maintain design hydraulic efficiencies, the geometry of the impeller and suction piece shall be conical, so any axial adjustment of the impeller will cause the clearance between the impeller and suction piece to change uniformly along the entire length of the impeller Designs incorporating curved, or combination curved/conical impeller and suction piece are not acceptable because in such designs clearances cannot be adjusted uniformly over the full length of the impeller d. Suction and discharge flanges shall be drilled to meet ANSI 125 lb bolting. 2. Standard Construction a. The pump volute, backplate and suction piece shall be of closed-grained Cast Iron, ASTM A 48CL30. The impeller shall be of Nodular Iron, ASTM Spec A536-60-06, and shall be both statically and dynamically balanced. The suction piece shall be externally adjustable to compensate for wear 3 Sealing a. All mating surfaces in pump casing and in motor housing shall be machined and fitted with nitrile 0-rings for a watertight seal. B. Immersible Motor 1 The design of the motor shall permit full-load, continuous operation either completely dry, or fully submerged in the pumped liquid of up to 65-foot depths. Motor shall be of the "air-filled" type, to optimize efficiency, with stator and rotor housed in a watertight chamber containing only air 2. Motors shall be of explosion-proof design, approved by Factory Mutual for uses in Class I, Groups C & D, hazardous locations. 3. Motors shall incorporate a separate heat-exchanger circuit, with a shaft-mounted cooling pump circulating oil from a jacket surrounding the stator housing to a heat-exchanger surface cast into the pump backplate. The circulating oil shall transfer excess motor heat directly to the pumped media inside the pump volute without the need of submergence for adequate motor cooling at any continuous power output up to and including rated powers. 4 Motors of the "oil-filled" type, with stator and rotor immersed in oil or motors which circulate the pumped media through internal Cooling media channels, ports, or jackets are not acceptable 5 The motor stator winding and leads shall be insulated with moisture- resistant Class F insulation suitable for a maximum temperature of 155°C 6. All speed motors shall be immersible and rated as follows: a. Single-speed motors shall be 30 8 hp, 870 rpm, 3 phase, 60 hz, 460 volts. b. Two-speed motor shall have two windings and shall be 29 5/14 7 hp, 1160/870 rpm, 3 phase, 60 hz, 460 volts. 7 All immersible motors shall have the stator varnish applied by the "vacuum-pressure impregnation" method to ensure thorough and 1 April 1996 956026.02 11311-4 Immersible Prerotation System Pumps complete varnish penetration. The stator shall be heat-shrink fitted into the stator housing. 8 The motor cable-entry sealing assembly shall consist of the following five components to ensure a positive, redundantly watertight seal: a. The sealing components shall be mechanically isolated from cable strains by a two-piece restraining clamp, which will securely grip the cable above the moisture-sealing components and bear any mechanical forces applied to the cable. b The cable moisture seal shall consist of an elastomer grommet, prevented from extruding past the cable by stainless-steel retaining washers on either side. The grommet shall be compressed tightly against the cable outside diameter (and the entry assembly inner diameter) by a screwed follower gland. c. Each individual conductor shall be interrupted by a solid-copper isolation dam to prevent wicking of moisture through the conductor strands. d. The cable insulation shall be sealed by epoxy poured into the cable entry and totally encapsulating the stripped-back insulation and the individual copper dams This poured epoxy seal shall also function as a redundant seal for the cable outside diameter e The cable free end shall be sealed from moisture-entry during shipping, storage, and prior to connection to the control panel by a plastic sleeve securely clamped Over the cable end. Motors which use only a compressed-grommet gland, or only a poured epoxy seal, without benefit of redundancy of both types together, are not equal or acceptable 9 The motor shall be provided with the following protection devices: a. Two normally closed thermal sensors embedded in the stator windings, wired in series, shall open a protective circuit if winding temperature exceeds rated operating temperature. These sensors shall automatically reset when winding temperature has cooled to a safe operating temperature. b A conductivity probe to monitor the moisture content of the oil in the chamber between the outer and the inner mechanical seals. The probe shall be wired to a separate protective circuit, which, when connected to a conductivity-sensitive relay in the control panel, will trip an alarm if moisture content in the oil indicates a failure of the outer mechanical seal. 10. Shaft sealing shall be by independently-mounted, tandem mechanical seals running in a oil bath. The upper mechanical seal shall utilize carbon/ceramic faces, and shall keep cooling oil out of the motor The outer mechanical seal shall have a solid tungsten-carbide rotating face running against a solid silicon-carbide stationary face. Seals with both faces of similar materials, or seals with bonded, soldered, or converted face surfaces are not equal or acceptable The outer seal shall be a bellows-type construction, with a rubber bellows vulcanized to the rotating face and firmly clamped 1 April 1996 956026 02 11311-5 Immersible Prerotation System Pumps to the shaft, to keep contaminants from lodging in the stainless-steel seal spring. 11 Both inner and outer seals shall be dimensionally interchangeable with standard off-the-shelf, inch-size, John Crane, or equal, mechanical seals to allow second-source availability of seals from local distributors for emergency repairs. 12. The outer mechanical seal shall be isolated from contaminants in the pumped media by a labyrinth-fit between the impeller backside and the volute backplate, as well as by pump-out grooves machined into the impeller back shroud and into the volute backplate, to prevent debris from reaching the shaft seal. Hydraulic balancing by grooves, wear rings, or radial pump-out vanes shall not be permitted. The thrust-bearings shall be designed to take the full axial load of the impeller C Suction Bell: A galvanized spun steel Suction Bell shall be provided to prevent premature vortexing of the liquid column, thereby extending the prerotation range. The hot-dipped galvanized coating shall be in accordance with ASTM A123 D Fast-Out System: The manufacturer shall provide hot-dipped galvanized-coated fabricated fast-out fixtures which shall be permanently mounted in the wetwell as shown on the Drawings. The galvanized coating shall conform to ASTM A123 The fixtures shall cantilever the entire pump volute and motor from the volute discharge flange, providing an unobstructed sump floor under the pump; supports from underside of pump volute or pump suction to sump floor (which could collect textiles and impede flow to pump) will not be acceptable. The fixtures shall include a 90 degree elbow to connect to vertical piping, and shall provide mounts for two galvanized steel rails of standard schedule 40 pipe (provided by others), which will guide the pump into position. The pump shall be supported by a positive metal-to-metal interlocking flange, which is additionally sealed by a leakproof nitrile rubber ring pressed against the fixture flange by the weight of the pump E. Prerotation Basin: The prerotation basin and calibrated tangential inlet shall be prefabricated for field installation and shall be constructed of a minimum thickness 1/4" reinforced fiberglass, complete with 3/4" fiberglass coated tie-down rope molded to the basin for retention into concrete The coating shall be a gel coat of 9-12 mils equal to Pittsburgh Paint#56-5335 F Spare Parts: Provide the following spare parts: 1 One - Impeller for F10K-HD 2. Two - 0-ring sets for Fl OK-HD 3 Two - 0-ring sets for H12K-SD 2.04 ANCHOR BOLTS 1 April 1996 956026.02 11311-6 Immersible Prerotation System Pumps A. Provide anchor bolts sized for the equipment designed to resist Zone 3 seismic forces. B. Provide sizing calculations stamped and signed by registered engineer DIVISION 3 EXECUTION 3.01 INSTALLATION A. Installation shall be performed by a contractor selected by the Owner through its bidding process. Support services are to be provided by the prerotation-system supplier as outlined below 3.02 FIELD SERVICE A. Field Service: Manufacturer of equipment shall provide field service. Field service shall be provided by an authorized factory-trained and qualified manufacturer's representative for the specific equipment. Deliver anchor bolts templates or setting drawings and verify that bolts are correctly located before structural concrete is placed. B. Check the installation for alignment and level, and recommend corrective work as required to conform to the tolerances given in the applicable instruction manual. C. Affidavits. Equipment shall not be considered ready for full time operation until after the manufacturer's representative has checked and adjusted the equipment, and certified by written affidavit that the equipment has been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. Acceptable affidavits shall be submitted prior to completion of the work. Affidavits shall contain the following specific wording: "The WEMCO Hidrostal Prerotation Pumping System, Models H12K-SD and F10K-HD have been properly installed, tested, adjusted, lubricated, and calibrated, and is ready for full time operation. The installation has been inspected and has been found to be in conformance with our (the manufacturer's) standards and requirements " No amplification, dilution, or modification of this specific wording will be permitted. 3.03 TRAINING A. Submit Operation and Maintenance Manuals and Part specified in Section 01300, 1 08C 1 April 1996 956026 02 11311-7 Immersible Prerotation System Pumps B. Demonstrate the operation, maintenance and safety procedures for all systems and equipment to personnel designated by the Owner at two 4- hour training sessions. C. Provide special demonstration and training for specific pieces of equipment specified in the Technical Specification Sections. 3.04 DELIVERY A. Manufacturer shall deliver the specified prerotation systems and spare parts, as defined herein. Imbedded items (basins, fast-out, upper brackets, and controls) will be shipped on or before July 5, 1996. The remainder will be shipped on or before December 12, 1996. The manufacturer shall notify the Owner's Storm and Sanitary Sewer Supervisor, Mike Martin, at 206-931-3059, three working days in advance of the date of delivery B. Manufacturer to provide cables and spreader bar assembly as required to lift equipment off the truck. C. Upon delivery, prerotation systems will be inspected by the Owner for apparent damage. The Owner will notify the manufacturer's representative immediately, and reserves the right to reject any components observed to be damaged. The manufacturer will repair or replace affected components within 4 weeks of notification. END OF SECTION 1 April 1996 956026.02 11311-8 Immersible Prerotation System Pumps SECTION 01300 SUBMITTALS PART 1 GENERAL 1.01 SECTION INCLUDES A. The requirements for making and obtaining approval of submittals. Where the provisions herein conflict with submittal requirements elsewhere within these documents, these submittal requirements supersede all others that might be included. 1.02 SUBMITTAL PROCEDURES A. Accompany each submittal with a letter of transmittal containing the following information: 1 Manufacturer's name. 2. Project name: Auburn North Central Regional Storm Facilties, Phase 1B 3 Project number PR 586 B 4 Description of the submittal and reference to the Contract requirement or technical Specification Section and paragraph number being addressed. B. Submit the number and type of copies for each submittal and follow the procedures described below or in other paragraphs in this Section. Submit 3 copies of submittals for items specified in the technical Specifications. 1.03 SHOP DRAWING, PRODUCT DATA, AND SAMPLES SUBMITTED FOR PRODUCT REVIEW A. This paragraph covers submittal of Shop Drawings, Product Data, and Samples required for the Owner's review referred to as Product Review submittals in the technical Specifications (Section 2 through 17). Submittals required for information only are referred to as Product Information submittals in the technical Specifications and are covered in paragraph 1 08 of this Section. B. Number and Type of Submittals: 1 Shop Drawings: Submit 3 clear, sharp, high-contrast copies. One single copy will be reviewed, marked, stamped and returned to the Manufacturer 2. Product Data: Submit 3 clear copies. One copy will be marked, stamped, and returned. 3 Samples: Submit three labeled samples or three sets of samples of manufacturers full range of colors and finishes. Comply with requirements in technical Specification Sections. One sample will be returned to Manufacturer 1 April 1996 956026 02 01300-1 Submittals C The Manufacturer shall make all Product Review submittals within 14 days of issuance of a purchase order by the Owner to allow adequate time for the Owner's review, for manufacture, and for delivery at the construction site without causing delay to the work. Submittals shall be made early enough to allow for unforeseen delays such as: 1 Failure to obtain Favorable Review because of inadequate or incomplete submittal or because the item submitted does not meet the requirements of the Contract Documents. 2. Delays in manufacture. 3 Delays in delivery Submittals shall be made directly to the Owner's Consultant, Kennedy/Jenks Consultants (Consultant) at 530 South 336th Street, Federal Way, WA 98003 D Content of Submittals: 1 Each submittal shall include all of the items and material required for a complete assembly, system, or Specification Section. 2. Submittals shall contain all of the physical, technical, and performance data required by the Specifications or necessary to demonstrate conclusively that the items comply with the requirements of the Contract Documents. 3 Include information on characteristics of electrical or utility service required and verification that requirements have been coordinated with services provided by the work and by other interconnected elements of the work. 4 Provide verification that the physical characteristics of items submitted, including size, configuration, clearances, mounting points, utility connection points, and service access points are suitable for the space provided and are compatible with other interrelated items that are existing or have or will be submitted. 5. Label each Product Data submittal, Shop Drawing, and Sample with the information required in paragraph 1 02A of this Section. Highlight or mark every page of every copy of all Product Data submittals to show the specific items being submitted and all options included or choices offered. 6. Additional requirements for Product Review submittals are contained in the technical Specification sections. 7 Designation of work as "NIC" or"by others," shown on Shop Drawings shall mean that the work will be the responsibility of the Contractor rather than the Manufacturer who has prepared the Shop Drawings. H. Submittals that contain deviations from the requirements of the Contract Documents shall be accompanied by a separate letter explaining the deviations. The Manufacturer's letter shall: 1 Cite the specific Contract requirement including the Specification Section and paragraph number for which approval of a deviation is sought. 1 April 1996 956026.02 01300-2 Submittals 2. Describe the proposed alternate material, item, or construction and explain its advantages and/or disadvantages to the Owner 3. State the reduction in Contract Price, if any, that is offered to the Owner I. Owner's Review Procedure and Meaning: 1 The Owner's Consultant will stamp and mark each Product Review submittal and return it to the Manufacturer within 14 days of receipt of the submittal. The stamp will indicate whether or not the review was favorable and what action is required of the Manufacturer Review categories "No Exceptions Taken" and "Make Corrections Noted" both indicate Favorable Review 2. The Owner's/Consultant's Favorable Review is contingent upon meeting the requirements of the technical Specifications. Favorable Review of a submittal does not constitute approval or deletion of items required as part of the submittal, but not included with the submittal. Favorable Review of items included in the submittal does not constitute deletion of specified features, options, or accessories that were not included in the submittal. 3 The action required by the Manufacturer for each category of review is as follows: a. NO EXCEPTIONS TAKEN. NO RESUBMITTAL REQUIRED b MAKE CORRECTIONS NOTED- (1) NO RESUBMITTAL REQUIRED The Manufacturer shall make corrections noted prior to manufacture. (2) PARTIAL RESUBMITTALS REQUIRED The Manufacturer shall submit related accessory or optional items as noted which are required, but were not included with the submittal and/or shall resubmit unsatisfactory portions or attributes of items as noted. The Manufacturer may proceed to manufacture those portions of the submittal that will be unaffected by required resubmittals c. AMEND AND RESUBMIT The Manufacturer shall amend and resubmit the submittal as noted or required to comply with the Contract Documents. d. REJECTED - RESUBMIT The item submitted does not comply with the Contract Documents in a major way Resubmit items that comply with the requirements of the Contract Documents. 4 The letter of transmittal accompanying the returned Product Review submittal may contain numbered notes. Marking a corresponding number on a Shop Drawing or Product Data submittal shall have the same affect as applying the entire note to the submittal. J Re-submittals that contain changes that were not requested by the Owner/Consultant on the previous submittal shall be accompanied by a letter explaining the change. 1 April 1996 956026 02 01300-3 Submittals K. Favorable Review Required Prior to Proceeding: 1 Do not proceed with manufacture, fabrication, delivery, or installation of items prior to obtaining the Owner's/Consultant's Favorable Review of Product Review submittals. L. Intent and Limitation on Owners/Consultant's Review 1 The Manufacturer has primary responsibility for submitting and providing work that complies with the requirements of the Contract Documents. Neither the Owners/Consultant's Favorable Review nor the Owners/Consultant's failure to notice or comment on deficiencies in the Manufacturers submittals shall relieve the Manufacturer from the duty to provide work which complies with the requirements of the Contract Documents. 1.07 PROPOSED EQUIVALENTS A. Comply with the submittal requirements for Shop Drawings, Product Data, and Samples submitted for Product Review in another paragraph of this Section. B. Time of Submittal: Submit all equivalents within 14 days. The Owner may agree to a later submittal date if requested in writing within 14 days of the Notice to Proceed. The request shall identify the item, give the Specification reference, and proposed manufacturer and model number of the item that will be submitted and the proposed submittal date The Owners agreement to a later submittal date shall be in writing and shall not be construed as Favorable Review or acceptance of the manufacturer or item proposed. C Content of submittals shall be the same as that required for Product Data, Shop Drawings, and Samples submitted for Product Review in another paragraph of this Section. In addition, the Owner may request that the Manufacturer provide information on several recent similar installations of the item to verify its suitability The information shall include the project name and location, the Owner's name, address, telephone number and name of a knowledgeable person to contact for information on performance of the product. D If a non-equivalent substitute is submitted for review, it shall be accompanied by a proposed reduction in Contract Price which shall include the increased cost of engineering service required to evaluate the proposed substitute (which shall be paid to the Owner whether or not the substitute is accepted) plus the greater of 1) the difference in price between the first specified item and the item submitted and 2) the difference in value to the Owner between the two items. 1 April 1996 956026.02 01300-4 Submittals sleglwgng 5-0021.0 Z0'9Z0996 966luidV •papinoad suogdo pue swap of;loads dogs o; saldoo Ile {Jew JO ;g6ily61y 'pasn sl anieJa;ll sJaJn;oe;nuew piepue;s uagM swap aepwls Japews ;o dnoi6 JO wail Jofew !pea Jo./ sJoleJedas qe; pelage! apinad •pal;loads seM;uawdmba ay; yol4M Japun Jagwnu ydeJ6eJed pue uogaas uolleal;loads (q s;ualuoo ay; azlue6J0 •abpa peoJo;ula y;lM Jaded punod 001. uo JaAO3 aplsul ay; uo 601sll S;ua;u03 ;o algei ex); semi aedad alge;daaae ae salnlgsgns ou :Japulq 6uu-c 61.90 ESb'3d '9 lNf UOS wow JO no ul Adoa pea pu!8 •uogaas sly;;o y ydeJ6eJed ul pagloads saldoo;o iagwnu 31.9 apinad •6ululeJ} pue dnpels Aililae; o}_loud s(ep og ;seal }e ;lwgns luawdmba Jo aaald alejedas yoea Jo; suo4On.lsul ayl se Ham se '3 1J6nay} e£ pue '0 pue 'q 'EL swa;l ;o uolleueldxa wa;s(s e apnloul hews ;uawdlnbe io sea,* aleJedas ;o pasodwoo swa;s(s Jo; slenuew aaueua;ulew pue uol;elad0 suogoruisul uMOp;nys we0l-6U01 p suoganJlsw uMOpinys leWJoN o suogonJ}sul uMOp}nys (oua6Jaw3 q sapow 6ugeJado pal;loads alewallV •e :uoglppe ul apinoid luawdmba xeldwoo Joy •a}eudadde ;I salge; 6ulieJ pue sanuno uogeJglle0 q s6ugBJ luawdmba e :uogewao;ul leuoglppe 6u!MOJO; ay; apinad 'luawdmba leanpel9 lie JOd •suogOn.lsul (la;es Jo;elad0 y puey uo aney o; pepuewwooal sped weds;o ;sly .6 uo!leO!dguapl sped ; suoganJ;sul uogelle;sulaJ pue aOUeua;uleW a suoganJlsul uogeOUgn] -p suofOnJ;sul6ugooysegnoal a suoganJisul uogeiado lewJoN •q suogonJ;sul do-pets e •apnpul luawdmba lie JOd L aoueua;uiew pue 'uogeJado do-pe;s '6u4snfpe 'uolleougni 'uoge felsul 'Algwesse 'a6eJols 'tianllap JO; suollarulsul apnpul .suogoas uogeagpeds lealuyaai ul s}uawannbai papier) ay; y;lM Aldwoo ;oeJ;uo0 slyi Japun payslwn; luawdmba He X03 Isll sped pue slenuew eaueua}ulew pue uolleiado apinad •pawn;ai eq IIIM saldoo oN slas elaldwoo (g) anl; ;lwgns •£ CI .0 '8 •V S.SI1 S1NVd 4Nb' Slb'fNvJ 3ONVN31NIb'W 4Nb' NOIIV2i3d0 901. 1 10 MANUFACTURER'S CERTIFICATES A. Submit four (4) copies. B. When specified in technical Specification Section, submit manufacturers' certificate to Owner for review Indicate whether material or product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. Certificates may be recent or previous test results on material or product, but must be acceptable to the Owner PART 2 PRODUCTS - Not applicable to this Section. PART 3 EXECUTION - Not applicable to this Section END OF SECTION 1 April 1996 956026 02 01300-6 Submittals Exhibit `B" ENVIROTECH SPECIALTY PUMPS GENERAL TERMS & CONDITIONS OF SALE -- -- - - • °' - 7. WIlr1NTY- SELLER WARRANTS EQUIPMENT ^F ITS ACCEPTANCE Of PURCHASER'S PURCHASE ORDER •16 -• . •.. - - - • CONDITIONS• CCLLCR SELLS ITS EQ _•• _ _ • - _ _ _-_ WITHiH 2. PRICES: PRICES ARE - - _• • - - - A PART I ICREO1.• • •' - - -- - - - - 8. PATENTS- SELLER AGREES THAT IT WILL DEFEND AND SALES, EC WILL DC ADDED TO TIIC INDEMNIFY PURCHASER AGAINST DAMAGES ARISING FROM .ALE PRICE TOR PURC1 IACER'6 ACCOUNT PROCEEDINGS.ALLEGING THAT SELLERS EQUIPMENT INFRINGES 3. TERMS: ALL CREDIT TERMS ARE OFFERED SUBJECT TO ANY APPARATUS CLAIM OF A UNITED STATES PATENT EXISTING AS PURCHASERS CREDIT WORTHINESS WITH SAID WORTHINESS TO OF DATE OF ORDER, PROVIDED SELLER IS GIVEN PROMPT BE DETERMINED SOLELY BY THE SELLER. WRITTEN NOTICE OF SUCH PROCEEDING OR THREAT THEREOF • - -- - - - - - - UNDER A PATENT AND PURCHASER ACCORDS SELLER FULL DC SUBJECT TO A SPECIFIED SERVICE CI IARCC. PURCI IACCR CONTROL OF THE DEFENSE. APPLICABLE PATENT/FRAUD 311-ALL PAV THE FULL INVOICED MOUNTTOCELLER, RECO RDLESC COUNTERCLAIMS, SETTLEMENT OR COMPROMISE THEREOF AND -- -° - - - - ANY RECOVERIES THEREUNDER. PURCHASER AGREES THAT IT OWNER-OR-9THER8— SHALL FURNISH SELLER,ON REQUEST,ALL NEEDED INFORMATION. IF PURCHASER IS IN DEFAULT IN ANY PAYMENT SELLER MAY ASSISTANCE AND AUTHORITY TO ENABLE SELLER SO TO DEFEND. OFFSET ANY MONIES OF PURCHASER AVAILABLE TO SELLER OR IN SELLER WILL REIMBURSE PURCHASER FOR ACTUAL OUT-OF- SELLER'S POSSESSION: DECLARE ALL PAYMENTS FOR WORK POCKET EXPENSES, EXCLUSIVE OF LEGAL FEES, INCURRED IN COMPLETED IMMEDIATELY DUE AND PAYABLE;STOP ALL FURTHER RENDERING ASSISTANCE AT SELLER'S REQUEST THE FOREGOING WORK UNTIL PAYMENTS ARE BROUGHT CURRENT AND/OR REQUIRE STATES THE ENTIRE LIABILITY OF SELLER WITH RESPECT TO ADVANCE PAYMENT FOR FUTURE SHIPMENTS. PATENT INFRINGEMENT 4. ITEMS INCLUDED: EACH SALE INCLUDES ONLY THE PURCHASER AGREES THAT IT SHALL INDEMNIFY THE SELLER EQUIPMENT DESCRIBED IN THE ORDER. AGAINST ALL CLAIMS, DEMANDS, DAMAGES, PENALTIES, COSTS RESPONSIBILITY FOR PROPER OPERATION OF EQUIPMENT IF NOT AND EXPENSES TO WHICH THE SELLER MAY BECOME LIABLE BY INSTALLED OR OPERATED IN ACCORDANCE WITH SELLER'S REASON OF ANY INFRINGEMENT OR ALLEGED INFRINGEMENT OF INSTRUCTIONS,REST ENTIRELY WITH PURCHASER. A PATENT OR PATENTS ARISING OUT OF PERFORMANCE OF THIS SELLER SHALL SUPPLY ONLY THOSE SAFETY DEVICES.IF ANY ORDER IF THE EQUIPMENT IS CONSTRUCTED IN ACCORDANCE DESCRIBED IN THE ORDER OR IN ITS PROPOSAL AND DRAWINGS, WITH PURCHASER'S DETAILED DRAWINGS OR DESIGNS SUBMITTED AND SHALL COMPLY WITH THOSE PROVISIONS OF THE FEDERAL TO SELLER. OCCUPATIONAL HEALTH AND SAFETY ACT OF 1970 WHICH BUYER AND SELLER HAVE IDENTIFIED AS SPECIFICALLY APPLICABLE TO THE MANUFACTURE OF SELLER'S EQUIPMENT HEREUNDER. OF SELLER'S WORK PURCHASER SHALL •PAY SELLER ALL SELLER SHALL NOT BE RESPONSIBLE FOR COMPLIANCE WITH VTROPRIATE CHARGES INCURRED UP TO DATE Of SUCH STATE OR LOCAL SAFETY AND HEALTH STATUTES OF SPECIAL CANCELLATION. SUSPENSION OR OCLAY, PLUG GELLERT, APPLICATION UNLESS IT HAS ACCEPTED SUCH RESPONSIBILITY IN OVERHEAD AND REASONABLE ('ROUT, ADDITIONALLY, ALL WRITING. CHARGES RELATED TO AND RICKS INCIDENT TO STORAGE, S.CECURITY INTE REST:scam RETAINS A SECURITY INTER EST - - - - -- - SOLELY DY PURCI IACER. FULL PURCI Inc PRICE IRS BEEN PAID. PURCI IASER WILL NOT - - - • -- - - - - - - - =- - - - DAMAGES ARC DAZED IN CONTRACT OR IN TORT, INCLUDING UNDERTI 115 ORDER7CCLLER£I TALL BE ENTITLED TO RECOVERITE STRICT LIADILITY OR NECLICCI'CC. TI IC REMEDIES STAID-IN COURT COOTS AND RGAS,ONADLE ATTORNEY'S IEEC If IT SELLER'S WARRANTY ATTACI TED I IERCTO CONSTITUTE TIIC SOLE '" - - - - - - -- - - - - AND EXCLUSIVE REMEDY Cr PURCHASER TOR ANY DEFECT IN DCNErIT TO PROTECT SELLERS INTEREST AC/'NST LOSS OR • - - - SELLER'S EQUIPMENT. 6. SHIPMENTS AND DELIVERY' SELLER SHALL USE ITS SELLERS LIADILITY TOR DIRECT DAMAGES CI TALL NOT EXCEED REASONABLE EFFORTS TO MEET ALL SHIPMENT OR DELIVERY THE MATERIAL PORTION Of TIIC CONTRACT PRICE FOIL THE DATES RECITED HEREIN OR IN PURCHASER'S ORDER, BUT ANY DCrECTIVE EQUIPMENT. SUCH DATES ARE ESTIMATES ONLY AND ARE NOT GUARANTEED. 11. CHANGES AND BACKCHARGES: SELLER SHALL NOT BE SELLER SHALL HAVE NO LIABILITY TO PURCHASER FOR DAMAGES OBLIGATED TO MAKE ANY CHANGES IN OR ADDITIONS TO THE OR PENALTIES,DIRECT OR INDIRECT FOR ANY DELAY IN SHIPMENT SCOPE OF THE WORK UNLESS SELLER AGREES THERETO AND AN OR DELIVERY WHETHER SUCH DELAY IS MINOR OR SUBSTANTIAL. EQUITABLE ADJUSTMENT IS MADE TO PRICE AND/OR DELIVERY NOR SHALL PURCHASER HAVE THE RIGHT TO DECLARE A BREACH SELLER WILL NOT APPROVE OR ACCEPT RETURNS OF OR OF CONTRACT BECAUSE OF ANY SUCH DELAY DELIVERY OF BACKCHARGES FOR LABOR, MATERIALS OR OTHER COSTS SCHEDULES ARE SUBJECT TO PROMPT RECEIPT BY SELLER OF INCURRED IN MODIFICATION,ADJUSTMENT SERVICE OR REPAIR ALL NECESSARY INFORMATION AND INSTRUCTIONS FROM OR EQUIPMENT UNLESS PREVIOUSLY APPROVED IN WRITING BY AN PURCHASER.INCLUDING ANY REQUIRED APPROVAL OF DRAWINGS. AUTHORIZED EMPLOYEE OR SELLER. AND ESTABLISHMENT OF AGREED TERMS OF PAYMENT 12. CHANGES IN DESIGN: WITH PROPER NOTIFICATION IN UNLESS OTHERWISE AGREED. ALL SHIPMENTS ARE F.O.B. WRITING TO PURCHASER. SELLER RESERVES THE RIGHT TO SELLER'S FACTORY AND ALL CLAIMS FOR DAMAGE, DELAY OR MODIFY THE DESIGN AND CONSTRUCTION OF EQUIPMENT IN SHORTAGE ARISING FROM ANY SHIPMENT SHALL BE MADE ORDER TO INCORPORATE IMPROVEMENTS OR TO SUBSTITUTE DIRECTLY AGAINST THE CARRIER BY THE PURCHASER. WHEN MATERIAL EQUAL OR SUPERIOR TO THAT ORIGINALLY SPECIFIED. SHIPMENTS ARE SPECIFIED F.O B. DESTINATION. PURCHASER NO CHARGE SHALL BE MADE TO PURCHASER FOR MODIFICATIONS SHALL INSPECT THE EQUIPMENT NOTIFY SELLER OF ANY DAMAGE MADE TO SELLER'S OPTION. OR SHORTAGE WITHIN SEVEN DAYS OF RECEIPT FAILURE TO SO 13. PROPRIETARY INFORMATION: ALL INFORMATION NOTIFY SELLER SHALL CONSTITUTE ACCEPTANCE BY PURCHASER, FURNISHED BY SELLER IS SOLELY FOR PURCHASER'S USE IN RELIEVING SELLER OF LIABILITY FOR DAMAGES OR SHORTAGES. CONNECTION WITH THE EQUIPMENT PURCHASED HEREIN. AND UNLESS PROIIIDITED DY PURCHASER, SELLER SHALL MAKE SHALL NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT SELLER'S PRIOR WRITTEN CONSENT TERMS or ORDER GSD- -'93 C nCUY Of th, CITY ADMINISTRATION Auburn OFFICE OF THE MAYOR 25 WEST MAIN(206), AUBUR931-304N,1 WA 98001-4998 CHARLES A. BOOTH, MAYOR thoo STATE OF WASHINGTON) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2726 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2726 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 4th day of March, 1996 Witness my hand and the seal of the City of Auburn this 20th day of March, 1996. Robin Wohlhueter City Clerk City of Auburn