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HomeMy WebLinkAboutPW12-157 - Original - Cummins Northwest, LLC - Supply Two Generators - 07/09/2012 Records M = emei KENT _ a._ Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Cummins Northwest, LLC Vendor Number: JD Edwards Number Contract Number: pots_- i s� This is assigned by City Clerk's Office Project Name: PP I y Iwo evl-e r vAors Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/9/12 Termination Date: 12/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kevin Swinford Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Supply two complete packated standby generation systems. 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 E - s KENT GOODS & SERVICES AGREEMENT between the City of Kent and Cummins Northwest, LLC THIS AGREEMENT Is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cummins Northwest, LLC., organized under the laws of the State of Washington, located and doing business at 811 SW Grady Way, Renton, WA 98055, (hereinafter the "Vendor"), AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Scope of Work: Vendor shall supply (2) two complete packaged standby generation systems to the City of Kent All service and deliverables shall comply and conform to specifications described within Exhibit A. Exceptions to Exhibit A shall be described within Exhibit C. 12.1 KW Standby Generator Set Specification shall be referred to as Exhibit A. Specification follow up questions to supplier shall be referred to as Exhibit B Exceptions to Generator Specifications described within Exhibit A shall be referred to as Exhibit C. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains Its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 315t 2012. 111. COMPENSATION. The City shall pay the Vendor an amount not to exceed $37,757 79 Including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT- 1 (Over$10,000,00, including WSST) 6 f The City shall pay supplier in full upon the following: • Satisfaction of Section 4.0 (A)(B)(C) within Exhibit A • Receipt of full invoice amount If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs Incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Pavment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties Intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations; A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for Its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an Independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. , j GOODS & SERVICES AGREEMENT- 2 (Over$10,000.00, including WSST) f [ E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing It, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written clalm shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS &SERVICES AGREEMENT- 3 (Over$10,000.00, including WSST) a � CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures In this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an Invalid protest. C. Vendor's Duty to Complete Protested Work In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. The Vendor shall correct all defects In workmanship within ninety (90) days from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend according to the manufacturer's warranty. The Vendor shall begin to correct any defects within 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 time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs Incurred by the City in order to accomplish the correction. GOODS & SERVICES AGREEMENT- 4 (Over$10,000.00, including WSST) a � X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, Its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or In connection with the Vendor's performance of this Agreement, except for that portion of the Injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS &SERVICES AGREEMENT- 5 (Over$10,000.00, including WSST) T C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue In full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement, Vendor's sales order terms & conditions are incorporated herein, by reference, to the extent they are not in conflict with this Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS &SERVICES AGREEMENT-6 (Over$10,000.00, Including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below, VENDOR: CITY OF KENT: By: �1—j4n—� By �—t'� -- (signature) (sf ture) Print Name:�d��at'� �-Rsr Print�aN: S�zet Its 'Q-C-D Its Ma rtalep DATE: '� vZal Z DATE: J U NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Cummins Northwest, LLC Tim LaPorte, Public Works Director City of Kent 811 S.W. Grady Way 220 Fourth Avenue South Renton, WA 98055 Kent, WA 98032 (253) 856-5500 (telephone) 425-235-3400 (telephone) (253) 856-6500 (facsimile) 425-235-8202 (facsimile) APP VED S TO ORM: Kent Law Departme an thb Helen YW"Y enter the el0dr lc file Path"lore the Central new been saved] GOODS &SERVICES AGREEMENT- 7 (Over$10,000,00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this L day of J u r- , 20 . . 1 By: L-al For: C��_ k : ., : Ain 3 was l_ 1_ C Title: Date: Jrw.e 04 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor LICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Office will e Directors of Planning, Parks and Public Officers wi be appointed by theg, , Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Cummins Northwest, LLC Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Generators that was entered into on the July 9. 2012, between the firm I represent and the City of Kent. I declare that I compiled fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this 7i day of 12013 For: h s A1�r+-� t�± �_JL G Title: Date: EEO COMPLIANCE DOCUMENTS - L r` Exhibit A CITY OF KENT,WASHINGTON 12A KW STANDBY GENERATOR SET SPECIFICATION DESCRIPTION 1.0 General Provide a complete packaged standby generation system for automatic standby power to the City of Kent Provide a diesel powered engine generator set, sound attenuated enclosure, battery charger, batteries, sub-base fuel tank, and all electrical and other appurtenances necessary for a complete and functioning system The unit shall be installed on a welded steel frame within a sound attenuated enclosure with the ability to be mounted on a double wall steel sub-base fuel tank that can in itself be anchored to a concrete base The generator shall be powered by a diesel engine with documented compliance to current EAP Tier 4 emission standards, The generator shall have well documented warning and instructions so as to highlight electrical hazard and operation indications using internationally recognized ISO symbols. MATERIALS 1.1 CODES AND STANDARDS. The generator set shall conform to the requirements of the following codes and standards A. ISO 8528 G1lG2 (International Standardization Organization) B. IEC60034-1 (International Electro technical Commission) C. EN61000-6(Electromagnetic Compatibility) D. NEMA MG-1-22(National Electrical Tvlauufacturers Association)-Motors and Generators E. IEC60034(International Electro technical Commission) F. C22 2 No 100(Canadian Electrical Code) G. UL142(Underwriters Laboratories)-Fuel Tank Construction H. NFPA 70, NFPA 99 and NFPA 110, I IBC Certification(International Building Code) J. UL 2200(Underwriters Laboratories)-Standard for Stationary Engine Generator Assemblies. 1.2 REQUIREMENTS AND CODES. The equipment supplied shall meet the applicable requirements of the NEC and all applicable local codes and regulations The generator set shall be constructed completely of all new components of current production The supplier of the diesel engine must be the same entity as the generator packager and have a minimum of 25 years of equipment manufacturing experience.The source packaging facility must be certified to IS09001 standards 1.3 SUBSTITUTION. Approved Manufacturers are Caterpillar or Cummins No exception or proposed equivalents will be accepted, permitted,or considered. 1.4 SUBMITTALS. Bidder shall include the following submittal information as part of bid package, Exhibit A A. Shop Drawings: Indicate electrical characteristics and connection requirements Include plan and elevation views with overall and interconnection point dimensions,fuel consumption rate curves at various loads,ventilation and combustion air requirements, electrical diagrams including schematic and interconnection diagrams. B. Product Data,Submit data showing UL listing, dimensions,weights, rating, interconnection points,and internal wiring diagrams for engine, generator,enclosure,control panel, battery, battery charger, block heater, exhaust silencer,vibration isolators, C. Manufacture's Warranty Statement D. Test Report: Indicate results of performance testing E. Manufacturer's Field Report. Indicate inspections,findings,and recommendations 1.6 WARRANTY. The generator set warranty period shall be a minimum of 24 months and 1000 hours for standby applications All terms begins after date of delivery to the first user 1.6 QUALIFICATIONS AND SERVICE. The engine-generator supplier shall maintain 24-hours parts and service capability within 15 miles of the buyer's location The distributor shall stock parts as needed to support the generator set package for this specific project.The supplier must carry sufficient inventory to cover no less than 80%parts service within 24 hours and 85%within 48 hours The supplier shall provide factory certified electric power service technicians 1.7 MATERIALS AND PARTS. All materials and parts comprising the unit shall be new and unused 2.0 STANDBY GENERATOR. The generator set shall be a Caterpillar/Cummins with a PMG excitation alternator It shall provide Standby 12 1kW 1 0 power factor The generator set shall be capable of this rating while operating in an ambient condition 40"C degree 2.1 ENGINE-GENERATOR RATING. A. Available Manufacturers Subject to compliance with requirements, manufacturers offering products that may be considered are limited to the following: 1 Caterpillar Power Generation 2. Cummins Power Generation. B. Standby power 12 1 KW/12 1 KVA,2401120V, 1-Phase,3-Wire,60Hz C Fuel System No 2 diesel fuel oil D Engine Speed 1800 RPM E. Insulation Class. H F Temperature Rise, 150°C Standby E Safety Devices Engine shutdown on high water temperature, low water level, low oil pressure, over speed, and engine over crank F Engine Starting DC starting system with positive engagement,number and voltage of starter motors in accordance with manufacturer's instructions Furnish remote starting control circuit, with MANUAL-OFF-REMOTE selector on engine-generator control panel Exhibit A G. Engine Jacket Heater,Thermal circulation type water heater with integral thermostatic control, sized to maintain engine jacket water heater 90°F,and suitable for operation on 120VAC. H. Generator set shall be designed to operate at a maximum ambient temperature of 45C and altitude of 1000 feet I. Standby power output ratings shall be defined per IS08528 as delivering an average load factor of the standby power rating with varying load for an unlimited(Standby)number of hours per year with a permissible 10%"overload capability for standby emergency purpose for 1 in 12 hours 2.2 ENGINE. The engine shall be a turbocharged,four-cycle,1 5liter displacement diesel engine. It shall be water- cooled and operate with nominal speed not exceeding 1800 RPM The Brake Mean Effective Pressure (BMEP)shall not exceed 146.6 psi for operating at the prime power rating The engine will utilize in- cylinder combustion technology, as required,to meet applicable EPA non-road mobile regulations for compression ignition engines Actual engine emissions values must be in compliance with applicable EPA emissions standards per ISO 8178—D2 Emissions Cycle at specified ekW/bHP rating Utilization of the"Transition Program for Equipment Manufacturers"(also known as"Flex Credits' to achieve EPA certification is not acceptable Emissions requirements/certifications of this package EPA Tier 4 The engine will be equipped with an isochronous electronic governor,compliant with IS03046 Class Al providing steady state speed regulation to=/-0.25% 2.3 GENERATOR The generator shall be screen protected and drip-proof, permanent magnet,self-regulating, brushless generator with fully interconnected damper windings, IC06 cooling system and sealed-for-life bearings. A 213 pitch factor is standard on all stator windings. Voltage output shall be 240/120 volt 1-phase The generator shall be UL listed 2.3.1 INSULATION SYSTEM The insulation system shall be Class H with windings impregnated in a triple dip thermo-setting moisture, oil and acid resisting polyester varnish plus a heavy coat of anti-tracking varnish for additional protection against moisture or condensation. 2.3 2 ELECTRICAL CHARACTERISTICS Electncai design in accordance with BS5000 Part 99, IEC60034-1,EN6100m, NEMA MG-1 22 2.3.3 AUTOMATIC VOLTAGE REGULATOR(AVR) The fully sealed automatic voltage regulator shall maintain the voltage within the limits of±0 5% at steady state from no load to full load Nominal adjustment shall be by means of a trimmer incorporated in the AVR The panel door shall also incorporate an additional voltage adjustment potentiometer 2.3.4 PERMANENT MAGNET GENERATOR The generator shall be equipped with a permanent magnet for excitation and providing 350%short circuit capabilities, enhanced motor starting and non-linear loading performance 2.3.5 WAVEFORM DISTORTION,THE AND TIF FACTORS The total distortion of the voltage waveform with open circuit between phases or phase and neutral shall be in the order of 1 8 2.3.6 RADIO INTERFERENCE Suppression shall meet all of the requirements of EN61000-6 2.3.7 ANTI-CONDENSATION HEATERS II Exhibit A 120VAC anti-condensation heaters shall be installed in the generator The heater control circuitry shall automatically shut the heaters off when the generator set starts 3.0 COMPONENTS AND SYSTEMS The generator shall be provided with the following- A. Circuit Breaker One 2-pole MCCB with solid neutral(3-Wire). UL/CSA listed with shunt trip integral trip unit for thermal and magnetic overload protection on MCCB, B Block Heater-A 120 VAC Engine block heater,thermostatically controlled and sized to maintain manufacturers recommended engine coolant temperature to meet the start-up requirements of NFPA-99 and NFPA-110, Level 1. C Air Restriction Kit Air cleaner restriction indicator to indicate the need for maintenance of the air cleaners D Generator Heater sized to prevent condensation in the generator Generator heater shall not be energized when the generator is running E Run Relay Run Relay to provide a three-pole,double-throw relay with 10 amps at 120VAC contacts for indicating that the generator is running 3.1 EXHAUST SYSTEM A complete exhaust system which includes an internally mounted critical silencer with flexible connector with vertical exhaust discharge and weather flapper assembly shall be provided No site instaliation of exhaust components shall be required A. Muffler/Silencer. Critical grade type, sized as recommended by engine manufacturer and selected with exhaust piping system to not exceed engine manufacturer's engine backpressure requirements B. Sound level measured at a distance of 10 feet (3 m) from exhaust discharge after installation is complete shall be 95 dBA or less 3.2 START/STOP CONNECTIONS One two-wire set of remote start connection terminals shall be provided. 3.3 CONTROL PANEL Supplier shall provide a set mounted EMCP4 2 auto start panel in a vibration isolated NEMA 1 sheet steel enclosure with a hinged lockable door and viewing window for monitoring when the door is closed The panel shall be collocated behind a common door with the distribution panel The control panel shall include the following: 1. Manual run/off/auto switch 2 Panel light ON/OFF switch 3 Red emergency exterior stop pushbutton 4 Lamp test/reset pushbutton 5 AC instrumentation 1-voltmeter, 1-ammeter, 1-frequency, digitally displayed and selectable thru controller 6. Engine display for oil pressure, coolant temperature, battery volts, digitally displayed and selectable thru controller 7 Hours run meter digitally displayed thru controller 8 Voltage adfust potentiometer 9 Critical Shutdowns listed below shall be provided and digitally displayed on control panel Dry normally open contacts shall be provided for each alarm listed 5 1' Exhibit A High coolant temperature Low coolant level, Low oil pressure, Over crank, Over speed, Charging system failure, 12. Additional alarms shall be provided for fuel tank Dry normally open contacts shall be supplied for each Low fuel level at 25%of tank capacitylfuel tank leak 13 Printed circuit board control logic 14 Auto-start capability 15 Cycle cranking with 3 adjustable time crank/rest periods 16. Battery charger,frame or wall mounted UL Listed 6 6 Amp, Constant Voltage 3 4 FUEL SYSTEM A Sub-Base Tank:Comply with UL142,factory-installed sub-base fuel tank assembly,with the following features 1 Containment Integral rupture basin with a capacity of 150 percent of nominal capacity of day tank. 2. Leak Detector- Locate in rupture basin and provide dry alarm contacts to alarm in the event of day-tank leak 3. Tank Capacity As recommended by engine manufacturer for an uninterrupted period of 72 hours operation at 100 percent of rated power output of engine-generator system without being refilled 4 Low-Level Alarm Sensor: Liquid-level device operates alarm contacts at 25 percent of normal fuel level 5 Piping Connections Factory-installed fuel supply and return lines from the tank to the engine,local fuel fill with pad-lockabte spill containment basin, vent line, overflow line; and tank dram line with shutoff valve. 6. A lockable fuel fill with integrated pad-lockable spill protection containment and mechanical reading fuel level gauge shall be provided A low fuel level alarm contact(fuel tank rupture alarm contacts)shall be provided 7. A manual fuel priming pump integrated into the fuel filter shall be provided 8 Containment Provisions and Venting Comply with requirements of Authorities Having Junsdicbon and the IFC 3.5 LUBE SYSTEM The lube system shall come complete wlth spin-on lube oil filters,lube al cooler,crankcase breather with collection assembly, and lube oil The oil drain lines shall be routed to the base of the unit and designed to fully drain outside of frame, include valves to simplify the oil change process 3.6 STARTING SYSTEM The starting system shall consist of a 12V system with 10A battery charging alternator,and starter motor on engine A 12V Cat brand heavy duty maintenance free, battery rack, and cables on the generator set base frame shall be provided A UL and CSA Listed 6 6 Amp 120 VAC battery charger shall be wall or frame mounted. 3.7 COOLING SYSTEM r Exhibit A The generator set shall come with a vertical discharge,cooling system designed to provide 43°C ambient capability The package mounted, cooling system shall be complete with radiator, blower fan,fan drive, drive guard, belt guards and shall ship from the factory with a 50%coolant antifreeze solution with corrosion inhibitor The cooling system shall also include a coolant level reservoir/sight gauge and coolant drain line routed to the exterior of the package with shutoff valve. 3.8 JACKET WATER HEATER A 120 VAC, thermostatically controlled coolant heater shall be provided to ensure specified engine start capability under cold environmental conditions The coolant heater shall be protected by a fuse in the control panel and the AC supply shall be disconnected automatically upon engine start The coolant heater shall be compatible with all approved engine coolant additives(optional) 3.9 SOUND ATTENUATED ENCLOSURE The fully sound attenuated enclosure shall provide sound attenuation of 62dBA at 23ft(7m) The enclosure shall be painted with a factory standard coating and center lifting arch(fitting)capable of lilting and supporting the full weight of the generator. Enclosure construction shall incorporate the following features: 1 12 gauge sheet steel components pretreated with zinc phosphate prior to polyester powder coating at 200° C (3920 F) 2. Black stainless steel pad-lockable latches. 3. Zinc die cast hinges/grab handles. 4. Maintenance access doors for fluids access 5. Left and Right side doors for generator set compartment access. 6. Front panel for air discharge box access 7. Lube oil and cooling water drains piped to exterior of the enclosure, 8. Safety glass control panel viewing window in a lockable access door providing full view of control panel 9 Cooling fan and battery charging alternator fully guarded 10. Battery reachable only through lockable access doors It. Tested and certified single point lifting eye 12. Lifting points on base frame 13. Sub base tank fueling shall be done from outside the footprint of the sound attenuated enclosure 4.0 SOURCE QUALITY CONTROL A. Prototype Testing Factory test engine-generator set using same engine model, constructed of identical or equivalent components and equipped with identical or equivalent accessories. B Tests- Comply with NFPA 110,Level1 Energy Converters and with IEEE 115. 1 Project-Specific Equipment Tests. A The generator unit and sub-base tank shall be drop shipped to the supplier And before shipment to the customers site,supplier vali test the packaged engine- generator and all system components and accessories manufactured specifically for this Project Perform tests at rated load and power factor Include the following tests 1. Test components and accessories furnished with installed unit that are not identical to those on tested prototype to demonstrate compatibility and reliability 2 Full load run 3 Maximum power 4 Voltage regulation 5 Transient and steady-state governing 6 Single-step load pickup Exhibit A 7 Safety shutdown 8 Operation of motorized dampers and other environmental controls g. Provide 14 days'advance notice of tests and opportunity for observation of tests by Owner's representative 10 Report test results within 10 days of completion of test and prior to delivery. B Delivery Generator supplier shall make provisions to deliver complete generator package to the City of Kent job site.The City shall give the supplier one weeks' notice prior to needed delivery date Supplier will be required to lift and set complete generator package including sub-base tank on City supplied pad for anchoring The Job site will be located within the Kent City limits. B.After installation at the site,test engine-generator and other system components and accessories for functional operation 1 If batteries are removed and shipped separately or drained for shipment, perform all battery tests after installation on site 2 Report and repair any operational deficiencies found during on-site tests 3 Coordinate on-site generator tests with on-site testing of transfer switches. C. Test components and accessories furnished with installed unit that are not identical to those on tested prototype to demonstrate compatibility and reliability. 4.1 CLOSEOUT SUBMITTAL A The City set shall be provided with two(2)sets of Operation and Maintenance manuals which will include cut sheets of all optional components. B Submit instructions and service manuals for normal operation,routine maintenance,oil sampling and analysis for engine wear, and emergency maintenance procedures 1 � Exhibit B Timothy J. LaPorte, P.E., Director OPERATIONS DIVISION ///��►• David Brock, Acting Manager KENT Phone: 253-856-5600 w,s"'"GT°" Fax: 253-856-6600 Mailing Address: 220 Fourth Avenue South Kent, WA 98032-5895 Location Address: 5821 South 240th To: Dennis Tarr From: Kevin R. Swinford, Water Facilities Supervisor Date: Aprii 27"' 2012 Re: Recent Generator Submittal Dennis, Please provide the following information as previously listed within the bid specifications and/or answer clarifying questions regarding the proposed generator package submitted to the City of Kent as part of the recent Invitation to Bid for(2)two 12.1 KW standby generation units. Please provide comments back to the no later than Wednesday May 2" 1. 1.4 Submittals Shop Drawings: Connection requirements. Include plan and elevation views with overall and Interconnection point dimensions. Electrical diagrams including schematic and interconnection diagrams.To include: Diagrams for engine, generator, enclosure, control panel, battery, battery charger, block heater, exhaust silencer, vibration Isolators To Include dimensional requirements for concrete mounting pad and showing required conduit locations to meet proposed unit. 2. 1.5 Warranty Can Cummins comply with the following's The generator set warranty period shall be a minimum of 24 months and 1000 hours for standby applications, All terms begins after date of delivery to the first user. 3. 2.3.4 Permanent Magnet Generator Please explain the lack of PMG and oversized submittal 4 3.3 Control Panel Will proposed Power Command 1.1 provide the following7 • Hinged lockable door and viewing window on enclosure for monitoring when the door is closed. The panel shall be collocated behind a common door with the distribution panel. • Panel light ON/OFF switch • Red emergency exterior stop pushbutton • Critical Shutdowns listed below shall be provided and digitally displayed on control panel. Dry.normally open contacts shall be provided for each alarm Ifsted. Oxhibit B High coolant temperature Low coolant level, Low oil pressure, Over crank, Over speed, Charging system failure 5. 3.4 Fuel System Please provide shop drawings of proposed sub-base fuel tank to include electrical requirements. Will proposed sub-base tank meet the following requirements as stated in the specifications? • Containment. Integral rupture basin with a capacity of 150 percent of nominal capacity of day tank. • Leak Detector; Locate in rupture basin and provide dry alarm contacts to alarm in the event of day-tank leak. • Tank Capacity- As recommended by engine manufacturer for an uninterrupted period of 72 hours operation at 100 percent of rated power output of engine-generator system without being refilled. • Low-Level Alarm Sensor; Liquid-level device operates alarm contacts at 25 percent of normal fuel level • Piping Connections: Factory-installed fuel supply and return lines from the tank to the engine; local fuel fill with pad-lockable spill containment basin, vent line, overflow line; and tank dram line with shutoff valve. ■ A lockable fuel fill with integrated pad-lockable split protection containment and mechanical reading fuel level gauge shall be provided. A low fuel level alarm contact(fuel tank rupture alarm contacts) shall be provided. ■ A manual fuel priming pump Integrated Into the fuel filter shall be provided. • Containment Provisions and Venting: Comply with requirements of Authorities Having Jurisdiction and the IFC. 6, g Q Source Quality control Will Cummins comply with the listed standard specifications 7 7. As provided within the bid documents is a Goods and Services Agreement to be used between the City of Kent and the vendor. Is Cummins NW willing to enter into this agreement for the purchase of equipment and services described within the bid document? Office (253) 856-5613 Cell (253) 740-6590 v r Exhibit C iNorthvj"t 4/30/2012 To Kevin R. Swinford, Water Facilities Supervisor City of Kent, WA Subject. Request for Generator Submittal Clarifications Letter Dated 4127/12 Dear Kevin Thank you for this opportunity to clarify our proposal and submittal information. 1 1.4 Submittals Drawings are attached for your review as items: Item # 1. Schematic 2 Interconnect 3. Engine package 4 Generator end only 5 Control panel 6. Battery 7. Battery Charger (Shipped loose) 8 Block heater 9. Exhaust silencer(internally mounted) 10 Vibration isolators 11 EPA Certification 12 Alternator Heater 2 1.5 Warranty Cummins 2 year Emergency Standby Warranty is 2 years or 400 hours whichever comes first. Our hours are per the EPA restrictions allowed for running an Emergency Standby Generator system See attached Limited Warranty statement A02BU870 Issue C 3. 2 3 4 Permanent Magnet Generator Cummins PMG exciter systems are not available until we reach 35KW, PMG systems give a 300% over current for up to 10 seconds Currrnris NMhva t,L UC SwAce I-noaucna Aiaska-Amhor e;Wilma-Missoula; 811 t-;outhwml Gnat,Way( 57-2A44) Cregcn-Wbixg,Modard,Peruke PcAlcnd,P(XWajYJ DWbutic1 GariteC PC)enx 9811 Washmgni-Chat is,Rwrton,Spokane,Yakima Pentan,WA 9W57.3ppp Rwe 425 235 34CO Fats 425 235=2 Ctmwsinorthwest om Y i Exhlbk C Northwest If you take the requested size of 12 1 KW ampere rating of 50.4 ampere (@240V) times 300% it gives you 151 2 ampere for 10%. Whereas our unit at 15 KW or 62 5 amperes with a 250% over current for 10 seconds will give you 156 25 amperes which is better than the PMG for the 12/1 KW Caterpillar set. That's why I went with our 15 KW set 4. 3 3 Control Panel • Our controller is located under a removable cover for ease of viewing. The hinged doors have a tendency of vibrating a nd destroying the hinges and causing damage to internal parts. • Panel light is not available due to the fact our panel is back lit so that all control functions are visible at all times without a panel light. • Emergency Stop switch has been added as an option see item K796-2 in generator features and options of quote. • See Power Command 1 1 control system list of Protection on page 4 of 6 The following is included with indication. 1 Overspeed 2. Low lube oil pressure warning/shutdown 3 High lube oil temperature warning/shutdown 4. High engine temperature warning/shutdown 5. Low coolant temperature warning 6 Sensor failure indication 7 Low and high battery warning 8. Weak battery warning 9 Fail to start (overcrank) shutdown 10.Fail to crank shutdown 11.Cranking lockout 12 High AC voltage shutdown 13 Low AC voltage shutdown 14 Overcurrent Warning/shutdown 15 Under frequency shutdown 16 Over frequency shutdown/warning 17.Loss of sensing voltage shutdown 18 Filed overload shutdown As you can see our control panel offers far more protection than any other panel of same value cummns Wowist,LLc Servios Locatom Aloft-Ar>c aM Monta v Mlssmia, 811 ScnNwa at rlaty Way PM57-2944) Oregon-Coburg,Moaorcl,Petdoton,Portland,Pot"L'heh WKIrr Ctriter, PO Btx 9611 Wa"wjj n-C'h"Ns,Henton,Spokane,YaWma Renton.WA W087-SWO 426 235 3400 Fax 425 235 8202 CurnmInsnat mst oorn v r Exhibit C Northwest • Fuel tank is UL 142 listed rupture basis will hold contents of the tank plus the normal volume of any normal expansion as required by UL142 • Rupture basin has a leak alarm, wired to generator alarm system • Tank capacity is rated at 140 gallons divided by full output of 121 (spec requirement) approx 1.25 GPH or 112 hours of operation at full load • Low level alarm is wired to control panel for alarm condition, set at factory standard • Per UL 142 the main tank cannot have a drain, However the rupture basin does have a drain and will be equipped with a pipe plug Due to liability concerns Cummins NW will supply a drain value loose, if the customer wants to install • The tank has a lockable fill with spill 5 gallon fill spill bucket. The tank has as standard a mechanical fuel level gauge. The Leak alarm is addressed in second item of this section • All Cummins engine are equipped with manual priming pump. • A normal vent 12'above grade will be supplied loose for installation on site for each tank 6 4 0 Source Quality Control Cummins NW will perform all required items except the item#8 there are not motorized dampers supplied in this proposal. All louvers are fixed. trust that we have answered all your questions, and we look forward to supplying these two generators to City of Kent Regards, Dennis Tarr Industrial Power Generation clxmns Pda Mmir,LLC Samba Locatm,Atka-tVact ta,Pdontana-NIY;scwta; fill 90 t west Grady way(e8057.2944) Omgon-Coh xg,hAad(,;' ,Parld(ion,Paafkuid,Pa tiard DeN WIM Gutter; Po BOX 3611 Washrow-Chehalis,Pastor,Sp)xane,Yak rna Pa ton,WA P8067.3" Phone 425 Mil 34CX) t-roc 425 2W 62202 cwiraunsngthwast cam Exhibit 0 INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, Insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below; 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) Form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an Insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185, The City shall be named as an Insured under the Contractor's Commercial General Liability Insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1, Automobile Liability Insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commerciai General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Exhibit D C. Other Insurance Provisions The Insurance policies are to contain, or be endorsed to contain, the following provisiors for Automobile Liability and Commercial General Liability Insurance: 1. The Contractor's insurance coverage shall be primary Insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional Insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required Insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with Insurers with a current A.M. Pest rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, Including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under Its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same Insurance requirements as stated herein for the Contractor. REQUEST FOR MAYOR'S SIGNATURE fCEI�dT Please Fill in All Applicable Boxes wAs,IN�T�, Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Kevin SIIIord Phone Crigiracor : 5613 Date Sent: 6/15/12 Date Re wired: 6/29/12 Return Signed Document to: Kevin CONTRACT TERPTINATION DATE: 12/31/12 Sw!nford VENDOR NAME: Cummins Nortrivvest DATE OF COUNCIL APPROVAL:7/3/12 Brief Exp{anation of Document: These generators will replace two existing and unreliable generators supplying emergency power for the city's SCADA radio repeater sites. The radio repeaters pickup radio signals from remote equipment and send the Information back to the main control center. The repeater sites are located on water tanks, pumps and treatment equipment on the east and west hills and are required to transmit and receive critical operational ,nformaiior for 45 remote water, sewer and storm stations. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: RECIEW E p JUL 0 5 2012 � � 1 Law Dept. Comments: F n' �l Date Forwarded to Mayor. kCE Of ihe i,fayct Shaded Areas To Be Completed By Administration F. �JReceived: t LL11 Recommendations and Comments: C4� OF hENt C',i� CLERK Disposition: Date Returned.