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HomeMy WebLinkAbout2001-05-01; City Council; 16173; Chlorine Scrubber System Swim ComplexCITY OF CARLSBAD - AGENDA BILL AB# lb,173 MTG. 5/l IO1 DEPT. PWIGS TITLE: AWARD CONTRACT TO MANUFACTURE AND INSTALL AN EMERGENCY CHLORINE SCRUBBER SYSTEM AT THE CARLSBAD SWIM COMPLEX RECOMMENDED ACTION: Adopt Resolution No. aa I- ,134 accepting the proposal of $139,070 and awarding the contract to Knorr Systems, Inc. to manufacture and install an emergency chlorine scrubber system at the Carlsbad Swim Complex. lTEM EXPLANATION: Owners and operators of high volume swimming pools, water parks, water features and water amusement attractions often demand the use of chlorine gas, as it is the most economical and efficient method of water disinfections. The City uses chlorine gas at the Carlsbad Swim Complex. While chlorine gas is the most economical and efficient method to disinfect water, it does have its risks. An emergency chlorine scrubber system will prevent toxic chlorine gas from escaping into the atmosphere and avert a potential health and safety concern to the public. On December 11, 2000, staff began soliciting proposals for an emergency scrubber system at the Carlsbad Swim Complex. Two proposals were received, opened, witnessed and recorded on January 25, 2001. The two proposals received were as follows: Knorr Systems, Inc. $139,070 Olsson Construction $143,479 After extensive review of both proposals, staff determined that the testing conducted on the chlorine scrubber from Olsson Construction did not meet the requirements specified in the Request for Proposal (RFP). On the other hand, the proposal submitted by Knorr Systems did comply with all the requirements specified in the RFP. In addition, staff is familiarized and has a good understanding of Knorr Systems products because the City is currently using their chlorine scrubbers for CMWD operations. Therefore, staff is recommending that Council accept the proposal of $139,070 and award a contract to Knorr Systems, Inc to manufacture and install an emergency chlorine scrubber system at the Carlsbad Swim Complex. ENVIRONMENTAL REVIEW: This project has been determined to be categorical exempt from environmental review per CEQA - Section 15301. FISCAL IMPACT: The estimated cost for this project is $139,070. There are sufficient funds in the City’s C.I.P. Program budget and in the Recreation Operations budget to complete this project. EXHIBITS: 1. Resolution No. da/* 134 accepting the proposal of $139,070 and awarding the contract to Knorr Systems, Inc. to manufacture and install an emergency chlorine scrubber system at the Carlsbad Swim Complex. 2. Emergency Chlorine Scrubber System Agreement (Knorr Systems, Inc.) 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 RESOLUTION NO. 2001-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE PROPOSAL AND AUTHORIZING THE EXECUTION OF A CONTRACT TO MANUFACTURE AND INSTALL AN EMERGENCY CHLORINE SCRUBBER SYSTEM AT THE CARLSBAD SWIM COMPLEX WHEREAS, proposals have been received by the City of Carlsbad, California to manufacture and install an emergency chlorine scrubber system at the Carlsbad Swim Complex; and WHEREAS, City staff selected a contractor whose proposal contains the most advantageous combination of price, proven performance and services; and WHEREAS, the total cost of this project is $160,000, including contingency funds; and WHEREAS, sufficient funds are available in the Capital Improvement Program budget and n the Recreation Operations budget to complete this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, >alifornia, as follows: 1. 2. 3. That the above recitations are true and correct. The proposal of $139,070 by Knorr Systems, Inc. to manufacture and install an emergency chlorine scrubber system at the Carlsbad Swim Complex and a contingency account of $20,000 is hereby accepted. The Purchasing Officer is hereby authorized to execute a purchase order for this project. I/ I/ // /I 1 4. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute 2 a contract for and on behalf of the City of Carlsbad. 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 4 held on the 1st day of May 5 AYES: Council Members Kulchin, Finnila, Nygaard and Hall. 6 NOES: None. I 7 8 ,CtiUDE A. LEWl@ul a6 \ 9 Ann J. Kulchin, Mayor Pro Tern 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,200l by the following vote, to wit: (SEAL) AGREEMENT EMERGENCY CHLORINE SCRUBBER SYSTEM (KNORR SYSTEMS, INC) THIS AGREEMENT is made and entered into as of the 4th day of May I 2001, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and KNORR SYSTEMS, INC, a California Corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a Contractor to provide the necessary manufacturing and installation services for an emergency chlorine scrubber system, hereinafter referred to as “Equipment”, at the Carlsbad Swim Complex; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS Contractor will provide a USWRJ Environmental Product RJ 2000 Chlorine Vapor Scrubber System as described in the attached “Exhibit A”, entitled “SPECIFICATIONS”, which is incorporated herein by reference. Installation of the equipment will be performed as described in the attached “Exhibit B”, entitled “SCOPE OF INSTALLATION”, which is incorporated herein by reference. rev. 4/24/00 -1 - 2. CITY OBLIGATIONS The City shall provide appropriate direction and support, and serve as liaison to Contractor. In addition, the City will be responsible for performing the construction of a containment enclosure for the chlorine scrubber system. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed within eighty-five (85) working days of that date. The Public Works Manager/General Services may grant extensions of time if requested by the Contractor and agreed to in writing. ‘The Public Works Manager/General Services will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall be $139,070. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. 5. DURATION OF CONTRACT This agreement shall extend for a period of one year from date thereof. The contract may be extended by the City Manager for one additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. -2 - rev. 4/24/00 The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 8. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, -3 - rev. 4/24/00 the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 9. ANTI-DISCRIMINATlON AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 10. TERMINATION OF CONTRACT In the event of the Contractors failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents and equipment owned by the City as well as all work in progress to the Public Works Manager/General Services. The Public Works Manager/General Services shall make a determination of fact based upon the documents and equipment delivered to City of the percentage of work, which the Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; -4 - rev. 4/24/00 however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 11. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor from the selection process. m (Initial) (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. I, (Initial) I@= (Initial) rev. 4/24/00 -5 - 12. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 13. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractors independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this rev. 4/24/00 -6 - agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 14. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause the equipment and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. 15. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 16. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. 17. HOLD HARMLESS AGREEMENT rev. 4/24/00 -7 - Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any willful misconduct, or negligent act, or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 18. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 19. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractors subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 20. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or -8 - rev. 4/24/00 approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 21. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 22. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 23. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 24. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby rev. 4/24/00 -9 - acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 25. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-V” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraoes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. rev. 4/24/00 -10 - 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is -11 - rev. 4/24/00 responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 26. PERFORMANCE BOND As security for contractor performance under this Agreement, Contractor will furnish a performance bond, executed on the form attached hereto as “Exhibit C”, by a surety company duly authorized to do business in California with a rating in the most recent Best’s Rating Guide of at least A-:V, in an amount at least equal to one hundred percent (100%) of the Agreement Knorr Systems Emergency Chlorine Scrubber System and related services totaling $139,070. 27. RESPONSIBLE PARllES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title Name Address Title Name Address Public Works Manaaer, General Services Doua Duncanson 405 Oak Avenue Carlsbad. California 92008 \ItiXtG&k . 2221 t5kAdcd lh,w-L rev. 4/24/00 -12 - 20. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. rev. 4/24/00 -13 - Executed by Contractor this ’ b+- dayof e , all!-. CARLSBAD, a municipal _-.._ CITY OF corporation of the State of California CONTRACTOR: Knorr Svstems. Inc. (name of Contractor& 4 4* Mayor Pro Tern (print narHe/title) ATTEST: /j &2x% M. WOOD -;c Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD BALL, City Attorney -14 - rev. 4/24/00 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT personally appeared Name(s) of Signers(s) ‘$E Personally known to me QE m Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) $/are subscribed to the within instrument and acknowledged to me that&$&e/they executed the same in.hkkr/their authorized capacity(ies), and that by hia4 her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I_ .-- Notary Public - California ORANGE COUNTY My Commission Expires -L OCTOBER 12,200t R Seal OPTIONAL The data below is not required by law, however it may prove relying on the dbcument and could prevent fraudulent reatta HORITY OF SIGNER: DESCRIPTION OF Cl INDIVIDUAL TITLE OR TYPE OF DOCUMENT Cl PARTNER 0 LIMITED 0 GENERAL NUMBER OF PAGES 0 AITORNEY-IN-FACT Cl TRUSTEE(S) Cl GUARDIAN/CONSERVATOR DATE OF DOCUMENT NAME(S) OF PERSON(S) OR ENTITY{ 0 1997 Reproduction prohibited. Reorder from American Society of Notaries, 800-522-3392. EXHIBIT A SPECIFICATIONS 1.1 SCOPE The work specified herein includes furnishing and installing all equipment and materials necessary to provide the owner with a chlorine vapor scrubber system. The system must be a completely packaged unit, pm-assembled, piped and wired, and include a scrubber, demister, pump, fan, and controls, and is factory tested with water prior to shipment. Chlorine leak detectors are specified elsewhere and are not part of these specifications. The complete scrubber system shall be a “UNITARY” single piece construction. 1.2 DESCRIPTION A. Svstem Descrbtion: The Contractor shall furnish and install a complete “once- through”, 3-stage, pre-piped, wired, tested and packaged emergency chlorine gas scrubber system including an integral absorber with three chemical scrubbing stages, a mist eliminator, exhaust fan, integral caustic storage tank, caustic recirculation pump, piping, valves, fittings, ductwork, and all other equipment and accessories as specified to provide a total system. B. The mechanical, structural, and electrical design has been based on a chlorine vapor scrubber system manufactured by U.S. Filter/RJ Environmental; model RJ- 2000, U.S. Patent No. 5,518,696, U.K. Patent no. GB 2 280 8628. The cost of any changes and modifications to mechanical, structural, electrical, and emergency electrical facilities necessary to adapt alternate equipment to the layout and design shown shall be borne by the CONTRACTOR. Clearances shown on the Drawings shall be maintained. Any such proposed changes or modifications are subject to review and acceptance of the OWNER. In addition, the Contractor must verify that all appropriate scrubber testing has been completed prior to bid. C. Specified Manufacturer: U.S. Filter/RJ Environmental, San Diego, CA or approved equal. 1.3 QUALITY ASSURANCE A. In order to be considered for qualification as an approved alternate, the following must be submitted at least three weeks prior to the bid and approved by the engineer in order to bid: 1. Drawings, specifications, and product literature with adequate detail to determine that what is proposed will meet the requirements of the plans and specifications. 2. A list of installations (20 minimum) of identical type presently in service for one or more years. -I- 3. 4. 5. 6. 7. 8. 9. Evidence of manufacturing capability including description of facilities, the number of and qualifications of personnel, and quality control practices. The alternate equipment supplier shall identify major outside fabrications for the purpose of determining experience Evidence of technical capability to design and check the alternate system fully, including medications required to building and other systems. Evidence of full scale testing of the scrubber design by an independent testing laboratory. A complete listing of changes, which will be required in the contract plans and specifications to accommodate the alternate equipment. Alternate bidders shall guarantee in writing, signed by an officer of the company that the equipment offered will provide comparable or superior features, performance quality and materials of construction as the equipment specified. Alternate bidders shall provide a supply bond equal to 150% of the contract amount. The cost of any changes incidental to the installation of the alternate equipment such as electrical wiring, relocation of piping, engineering supervision, ductwork, building configuration and design, shall be borne by the contractor with no additional expense to the Owner or Engineer. The contractor shall furnish the specified supplier if a proposed alternate does not meet the requirement of Part 1.3 of this section. B. Codes: The Contractor shall comply with the rules and regulations of authorities having jurisdiction over the work specified herein, including but not limited to, the 1997 Uniform Fire Code with local amendments (Article 80, Hazardous Materials, in particular), the 1991 Uniform Building Code and the latest NIOSH guidelines. C. Testina: Testing shall have been carried out at a fully accredited national testing laboratory facility (Council of American Building Officials- (CABO) or equal), with appropriate witnesses. Any test carried out at a manufacturer’s facility will not be considered acceptable. Continuous emission test data demonstration less than 5-ppm chlorine or sulfur dioxide in the exhaust shall be provided. Averaging of test data shall not be acceptable. Test data shall include a profile of temperatures and pressures throughout the spill room and scrubber system for the test cycle. Test results exhibiting conformance to the Uniform Fire Code regarding emissions shall be made part of the required design submittal for approval prior to release for fabrication. Being a named supplier does not relinquish the manufacturer from providing the required test data with the bid. All of the costs associated with compliance to this specification are the responsibility of the scrubber manufacturer. 1.4 Patent Protection A. The Contractor shall, at its sole expense, defend and pay all damages and costs awarded in any proceeding brought against the Owner, its employees and agents, in which it is claimed that the manufacture, sale, or use of any material and equipment or parts thereof furnished hereunder constitutes an infringement of any patent or other proprietary information right, provided Contractor is promptly notified of the commencement of any such proceeding. Contractor’s indemnity, as to use, applies only when infringement occurs from the normal use -2- for which such material and equipment were designed. Owner may, at its option, be represented at any such proceeding. B. If such manufacture, sale, or use is held in any such proceeding to constitute an infringement and is enjoined, Contractor, at its expense, shall either procure for Owner the right to manufacture, sell, and use any such material and equipment; or replace same with substantially equal but noninfringing material and equipment; or modify same to make substantially equal but noninfringing; or remove same and refund the purchase price and transportation and installation thereof. 1.5 SUBMITTALS A. General: The contractor shall submit complete Shop Drawings for the Chlorine Scrubber System, together with all piping, ductwork, valves, and control for review by the ENGINEER> B. Shor, Drawinas: The Contractor shall submit the following information for approval before equipment is fabricated. 1. Drawings of system showing assemblies, arrangements, piping, electrical, mounting detail, equipment outline dimensions, fitting size and location, motor data, operating weights of all equipment and sufficient information to allow the ENGINEER to check clearances, connections, and conformance with the specifications. 2. Materials of construction of all equipment. 3. Manufacturer’s catalog data, operation literature. Specifications, performance data, and calibration curves for caustic soda recycle pumps; exhaust fan, and auxiliary components. 4. Complete instrumentation, controls, and electrical compgnents. 5. Manuals: Furnish manufacturer’s installation, operation and maintenance manuals, bulletins, and spare parts lists. 6. Affidavits: Furnish affidavits from the system supplier stating that each system has been properly installed and tested and is ready for full time operation. C. Desinn Calculations: The CONTRACTOR shall submit complete design calculations for the Emergency Chlorine Scrubber System to conform the following: 1. The system design calculations must demonstrate a minimum overall system removal efficiency of 99.99%. 2. The pressure in the chlorine storage room must never exceed ambient atmospheric pressure from the beginning of the design leak event to the time the scrubber system shuts off. 3. The system shall be capable of withstanding the imposed seismic loads specified. Certified design calculations stamped by a registered professional engineer. Calculations shall include, but not be limited to the following: l Dead loads l Live loads l Seismic loading per UBC Code l Anchor lug attachment to the shell -3- 4. The unit shall be capable of withstanding hydrostatic load of shop tests and the field conditions of being filled to the top of the caustic soda storage/recycle tank with 20% caustic solution. 5. The system contains a minimum amount of caustic required to scrub the total amount of chlorine druint the leak event. Calculations shall include ventilation rate system pressure, chlorine flow and weight caustic concentration from the beginning to the end of the scrub cycle. 6. The percentage decrease in caustic concentration and final concentration of caustic during a test cycle of 5 minutes every month assuming no chlorine is absorbed. 7. The maximum temperature of the recycled scrubbing solution during the design lea event and that the system is capable of handling the developed temperatures. 8. The exhaust fan is capable of handling the minimum required airflow from the chlorine storage room including the resistance of all ductwork, fittings, and system components. 1.6 MANUFACTURER’S SERVICES A. The system manufacturer’s representative shall be present at the job site for the following time period; travel time excluded: 1. Eight hours for inspection and certification of the installation, and assisting in the initial filling of the caustic storage tank. 2. Eight hours to train Owner’s staff in operation of the system, including safe chemical handling procedures. 3. Provide one trip consisting of three days for tasks 1 and 2 above. PART 2 - PRODUCTS 2.1 DESIGN AND PERFORMANCE CRITERIA A. Desian Leak Event: The Emergency Chlorine Scrubber shall be a single-pass system, which draws to treat a release of the entire contents of stored chlorine. The system shall be designed for the following conditions: Chlorine Stored Capacity: 2,350 Ibs. (1 ton) Liquid Release Rate: 100 IbsJmin Flash-Off Rate: 100 % of liquid release Boil-off (vaporization) Rate: 8 Ibs./hr-ft2 Storage Buikling Volume -fp Maximum Ventilation Rate: 3,000 acfm Maximum Outlet Chlorine Cont.: 5 PPm B. Desicm Description: The Emergency Chlorine Scrubber shall be a single-pass system which draws vapor from contaminated mom, treats the vapor, and discharges to the atmosphere outside the building. Chlorine concentration in the discharge shall not exceed 5 ppm at any time. The system shall also lower the concentration in the room to 1 ppm in less that 120 minutes after evaporation of all liquid chlorine has completed. -4- C. Draft: The Emergency Chlorine Scrubber shall provide sufficient draft to Gome the resistance of ductwork, fittings and dampers to maintain a negative pressure in the room to prevent atmosphere leakage of vapor. D. Svstem Operation: The Emergency Chlorine Scrubber shall be designed for complete and automatic operation in response to a signal from remotely located leak detector(s) or in response to manual activation. 2.2 EQUIPMENT A. Chlorine Scrubber Svstem: 1. The chlorine glass scrubber system shall be a three-stage, once through absorber, designed to remove minimum of 99.9% of chlorine vapor in a single pass. The scrubber system shall consist of one horizontal spray section, followed by two horizontal cross-flow packed bed systems. The spray section shall consist of multiple spray nozzles designed to produce the required caustic flow rate and drop size. Partially treated gasses shall pass through a cross-flow packed bed section to remove the majority of the remaining chlorine vapors. The packed bed section shall include a spray header to distribute the liquid evenly over the packing section. Spray header with orifice plate shall not be utilized. The final stage shall remove all remaining chlorine vapor to meet the design requirements. The gases shall pass through a high efficiency mist eliminator prior to discharging into the stack. Under no circumstances will horizontal mounted or multiple venturi scrubbers be acceptable. 2. All exposed recirculation piping with normal operation pressures less than or equal to 40 psig shall be made of FRP. All spray nozzles shall be made of polypropylene. The complete scrubber section shall be an integral part of the caustic storage tank. The overall system size, including the caustic tank, pumps, fan and controls shall be as shown on the contract drawings. Access manway shall be provided to allow access to the scrubber internals. 3. General: Each scrubber shall be a Fiberglass Reinforced Plastic (FRP) vessel. All materials and fabrications furnished in accordance with this specifications shall comply with all federal, state and local ordinances of place of installation and with the following code and standards l NBS PS 15-69: National Bureau of Standards Voluntary Product Standard “Custom contact molded Reinforced Polyester Chemical Resistant Process Equipment.” l ASTM D-883: “Definition of Terms Relating to Plastics.” l ASTM D-2583: ‘Test for Indentation Hardness of Rigid Plastics by Means of Barcol Impressor.” l ASTM D-2563: “Recommended Practice for Classifying Visual Defects in Glass Reinforced Plastic Laminate Parts.” l ASTM D-4097-82: “Standard Specifications for Contact Molded Glass Fiber Reinforced Thermoset Resin Chemical Resistant Tanks.” -5- 4. Scrubber absorber vessel shall conform to the following structural design criteria: Scrubber Pressure: 6”WC vacuum Caustic Storage: Hydrostatic load of sp. gravity=l.2 Wind Load: 100 mph Live Load: 200 Ib/sq. ft. 5. The ductwork shall be designed for 6” WC vacuum and 15” positive pressure 6. Materials of Construction: a. The scrubber absorber vessel and accessories shall be contact molded manufactured in accordance with NBS PS 15-69 and ASTM D-4097 for contact molding, and ASTM 3299 for filament winding. b. Resin used in fabrication shall be a premium vinyl ester type such as Hetron 922 by Ashland Chemicals, Derakane 411 by Dow Chemical or approved equal. B. Caustic Storaae Tank: 1. The caustic storage tank shall be an integral part of the scrubber system. The tank shall be capable of storing a minimum of 2,100 gallons of 20% sodium hydroxide solution. 2. The storage tank shall be combined with the absorber box into a single rectangular vessel to fit in the area shown on the drawings. 3. All connections shall be fabricated of the same material as the tank wall and shall have the same inner corrosion barrier as the tank wall. 4. The vessel shall be provided with a sight level gage that will give a visual level indication from a point 6 inches above the liquid level to a point 6 inches below the liquid level. 5. The gage shall be 1” minimum clear PVC. The gage shall be provided with shutoff bail valves. 6. The tank shall have a minimum of four lifting lugs permanently attached and suitable for lifting and transporting the tank without structural damage. Tie down or support lugs shall be provided and shall be designed to be able to anchor the tank and contends against the specified seismic and wind loads. 7. The tank shall bear a label, which shall include the NFPA rating as well as the hazard data. It shall be made from vinyl for added durability in high moisture. The NFPA rating shall be as follows: Health (3), Inflammability (0) and Reactivity (0). C. Caustic Recirculation Pump: 1. Pump shall be a seal-less single stage cent&gal vertical sump pump. No seal water shall be required. Pump design shall feature open impeller in the submerged casing. The pump shall be driven by a “Cm face motor, mounted on a cast iron bracket, sitting on pump mounting plate and connected to pump shaft via flexible coupling. 2. The pump shall be capable of delivering 550 gpm of 20% NaOH solution at 25 psig. 3. The casing and impeller shall be molded from premium grade unfilled virgin plastic. There should be no metal wetted components. Wetted bolts shall be made of the same material as pump casing and column. 4. Pump shafts shall be machined from centerless ground 304 SS, encapsulated with plastic sleeving, either of same material of pump. -6- 5. Sleeve bearings shall be chemically resistant Polyphenylene sulfide vs. Ultra Pure Aluminum Oxide. The thrust bearing shall be independent from the motor, located in brackets above the mounting plate. 6. The sleeve bearings shall be lubricated by process fluid. No external flush water shall be required. 7. The unit shall be buift with casing cover and impeller assembly modified for thermal fluctuation enabling the pump to be used through the full range of temp. settings. 8. The pump to be furnished with an all plastic fabricated strainer basket with %” diameter perforations in same to keep any large particles out of the casing in impeller area. 9. Motors shall be “C” face, 46OV, 3PH, 80H2, TEFC motor manufactured in the United States. 10. The pump shall be Vanton Sump-Gard or equal. D. Exhaust Fan: 1. Fan shall be fiberglass reinforced plastic, centrifugal type with radial blade, industrial fiberglass fan. Fan wheel shall be statically and dynamically balanced. Fiberglass construction shall conform to PS 15-69 product standards. Fan resin shall be suitable for exposure to the specific service conditions. 2. Fan housing shall be constructed of fiberglass and reinforced with rigid bracing to increase structural integrity. Bearing support brackets shall be positioned to directly oppose belt tension forces. 3. Fan housing shall be a curved scroll design with a 1 -inch NPT drain connection at the bottom of the fan scroll. Fan outlets shall have flanged nozzles. Fan shaft shall be epoxy-coated steel. 4. Fan shall have self-aligning grease-packed bearings, with neoprene shaft seals and OSHA approved weatherproof motor/drive cover. 5. The fan shall be designed for the following specifications: Air Flow Rate: 3,000 acfm S.P. up to scrubber inlet: 2.0 in WC Pressure Drop through Scrubber 3.5 in WC Motor HP: 5.0 HP 6. The fan shall have a 3-phase, 60Hz, 230/460, TEFC, 1,800-rpm motor with a 1.15 service factor. The fan shall be New York Blower, Hartzell or equal. The fan shall have AMCA seal. E. Recvcle Pidna: 1. Fiberalass Pipe; Pipe shall be manufactured by the centrifugal casting process. In accordance with ASTM D-2997, RTRP, Type II, Grade 2, Class B. The pipe and fittings shall be made using the same type polyester resin and be suitable for at least 150 psi at 175*F. The wall thicknesses and sizes are as follows: l”-0.140’ 6”-0.165 1 M”-O.l4(Y 8”-0.190 2”-0.140” lO”- 0.210 3”-0.140” 12”-0.215 4”-0.140’ 14”- 0.215 2. FRP pipe shall be Ershigs, Fibercast, A.O. Smith or approved equal. -7- 3. All exposed caustic recirculation piping shall be FRP, unless the normal recirculation line pressure is greater that 40 psig. In that case, the piping and associated valves shall be Halar lined SCH 80 steel pipe. 4. The piping shall include a pressure gauge with diaphragm and shut-off valve. F. Motor Starter/Transformer: Provide local control panel with 480 V to 11OV voltage transformer and motor starter for fan and pumps. A single 48OV, 3- phase power supply shall be provided to the local control panel. G. Unltarv Construction: The complete scrubber system, including scrubber, recirculation pump, fan, piping and controls shall be constructed to be a single piece of unitary construction. The complete system shall e factory tested with water and shipped as a single piece to the job site. 2.3 SYSTEM ACTWATION A. The Emergency Chlorine Scrubber shall operate manually in response to hand switches or automatically in response to contact closures at remote leak detectors. The system shall normally remain in automatic mode for standby conditions. System response for manual and automatic modes is described below. 8. Manual Control: 1. The control system shall provide for manual control of the following items: l System Start l System Stop l Scrubber Exhaust Fan l Caustic Recirculation Pump] 2. Manual control shall be enabled by turning a HAND-OFF-AUTO switch for the respective piece of equipment to the HAND setting. The selected device shall start, and a pilot light will energize to denote that it is operating. 3. The scrubber system shall be able to be started manually if desired by turning a “START” switch. The scrubber shall function the same as during automatic mode if the scrubber is started in this manner. C. Automatic Control: 1; The control system shall provide for automatic control of the scrubber such that when the HAN-OFF-AUTO switches noted above are set to AUTO, the scrubber system shall operate automatically based a signal from a Chlorine Detector in the chlorine storage area. 2. When the Local Control Panel receives a start signal from the chlorine detector, the caustic recirculation pump and fan shall start. Status lights shall energize to indicate that the fan and pump are operating. 2.4 CONTROL PANEL A. The scrubber system shall be furnished with a scrubber-mounted Local Control Panel with a non-metallic NEMA 4X enclosure to house the required controls. 1. The control panel shall include the following switches and lights: l System HAND-OFF-AUTO Switch -8- l System “READY” Status Light l Fan HAND-OFF-AUTO Switch l Fan “Run” Light l Pump HAND-OFF-AUTO switch l Pump Lead-Lag Selector Switch l Pump “Run” Light l Fan “Fail” Light l Pump “Fait” Light 0 Caustic “Low Level” l Lapse Timer 2. A low level switch for caustic storage shall indicate an alarm light and audible alarm. A reset button shall be provided to silence the alarm. 3. The control panel shall include 480V to 11 OV transformer, motor starters for fan and pump. PART 3 - EXECUTlON 3.1 FACTORY TESTlNG The complete scrubber system, pump, fan and controls shall be assembled and piped at eh factory and operated for a minimum of four (4) hours with water prior to shipment to job site. 3.2 MANUFACTURER’S REPRESENTATIVE, OPERATlON AND MAINTENANCE MANUALS, AND TESTiNG A. The services of a factory representative shall be provided as specified in 1.6 to insure proper installation and start-up of the scrubber system. B. Operation and Maintenance manuals shall be submitted to the Owner prior to final acceptance of the equipment C. Upon completion of installation of the scrubber system, the Contractor shall be responsible for performing an acceptance test to verify the satisfactory operation of the system and the design performance requirements of the specification. As a minimum the test shall include but not be limited to the following: 1. The test shall be witnessed by the Owner. 2. Airflow, pressure, and motor amperage shall be measured and recorded. 3. Caustic storage tank shall be leak tested prior to filling with caustic. 4. System component operation shall be tested by energizing chlorine leak detector. 3.3 WARRANTY Manufacturer shall guarantee the whole system, both in material and workmanship, for a period of one year from the day of final acceptance, not to exceed 18 months from shipment. 3.4 IDENTIFICATION -9- The caustic tank shall be identified with the health, flammability and reactivity of hazardous materials as required by codes 3.5 INlTlAL FILL OF CAUSTIC A. The contractor shall provide the initial fill of sodium hydroxide for the emergency chlorine scrubber, as recommended by the equipment supplier, prior to completion of the factory startup and acceptance of the equipment. The contractor shall coordinate delivery with the requirements of the start up personnel to allow hydrotesting of the scrubber prior to chemical delivery. B. The contractor shall provide 2,100 gallons of 20% sodium hydroxide. The requirements shall be clearly stated in the manufacturer’s design submittal. C. The solution shall be free of dissolved elements or impurities. Dilution, if necessary, from standard stocked concentrations shall be made with deionized or soft water (less than 1 grain per gallon). The chemical supplier shall provide certification of such dilution methods. D. The caustic specification is as follows: 50% Caustic Soda* - Rayon Grade Specification Component I Basis I Specifications I Ni Hg Heavy Metals (as Pb) As ppm by wt. ppm by wt. ppm by wt. ppm by wt. 0.3 Max. 0.3 15.0 Max 1.5 *To be diluted with deionized water to a 20% solution by reputable chemical supplier. - lo- EXHBIT C FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution - No. , adopted , has awarded to , (hereinafter -designated as the “Principal”), a Con- tract to provide an emergency chlorine scrubber system in the City of Carlsbad, in strict conformity with the contract, and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re- quire the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, a I as Principal, (hereinafter designated as the “Contractor”), and , as Surety, are held and firmly bound unto the City of Car&bad, in the sum of Dollars ($ ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind our- selves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any al- teration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, exten- sion of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this day of Executed by SURETY this day of ,200l. ,200l. CONTRACTOR: SURETY: (name of Surety) By: (address of Surety) (print name here) (telephone number of Surety) (Title and Organisation of Signatory) (signature of Attorney-in-Fact) By: (sign here) (printed name of Attorney-in-Fact) (print name here) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached) (President or vice president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD BALL City Attorney By: Deputy City Attorney EXHIBIT B SCOPE OF INSTALLATION A. The Equipment must conform to the containment enclosure as described in the plans prepared by Booth & Suarez Architecture/Planning Firm, reference drawings Tl , Al, A2, A3, A4 and El. B. The Contractor must perform the following installation services: 1. 2. 3. 4. 5. 6. 7. 6. Install a USWRJ 2000 Emergency Chlorine Scrubber at the designated location of the Carlsbad Swim Complex. Connect all electrical conduit.e I . Install new RFP ductwork Install exhaust stack with raincap Install rotating beacon. Install W&T Acutec 35 Chlorine Gas Detector Equipment Start-up, testing and training of City staff.