HomeMy WebLinkAbout2016 07 25 Consent 306 Owner Direct Purchase Ion ExchangeCOMMISSION AGENDA
ITEM 306
REQUEST:
Informational
Consent
X
Public Hearings
Regular
July 25, 2016 KS KL
Regular Meeting City Manager Department
The Utility Department requests authorization to owner direct purchase the two Ion
Exchange Vessels from Tonka Water as provided for in the contract with Wharton- Smith,
Inc. to construct the WTP #1 Water Quality Improvements project, plus authorize an
increase in the project authorization by $368,000 to include a 3rd Ion Exchange Vessel in
the Tonka Water Purchase.
SYNOPSIS:
The Water Treatment Plant #1 Water Quality Improvements project with Wharton -Smith
has several major components that the contract provides for the City to purchase directly
which saves the sales tax. Purchasing the Ion Exchange Vessels and appurtenances directly
will save approximately $87,000. In addition, staff is requesting authorization to increase
the project authorization by $368,000 to add a 3rd Ion Exchange Vessel to the owner direct
purchase.
CONSIDERATIONS:
. The City Commission awarded Bid ITB #004 -16 -KL to Wharton- Smith, Inc. on April
11, 2016 for the WTP #1 Water Quality Improvements project at a cost of $4,770,000
plus a 10% contingency.
. The contract included the option for the owner direct purchase of big ticket items to
save taxes including the ion exchange vessels from Tonka Water. The
project included two ion exchange vessels with provisions for a 3rd vessel.
. The owner direct purchase from Tonka Water of the two vessels at a cost of
Consent 306 PAGE 1 OF 3 - July 25, 2016
$1,266,278 will save approximately $87,000 in taxes.
. Staff recommends adding the 3rd vessel at this time to increase operational flexibility
and avoid challenges with associated with integrating additional equipment after
project completion.
. The cost for the 3rd vessel is $368,000 which would increase the purchase order to
Tonka Water to $1,634,278.
. The value of the two vessels in the Tonka Water purchase order, $1,266,278, would
be deducted from the Wharton Smith contract and the 3rd vessel cost, $368,000,
would be added to Wharton Smith's contract.
. The total project authorization would increase by $368,000 to $5,615,000 as broken
out below (generator owner direct purchase from Ring Power in Consent 307 shown
for convenience);
April 11, 2016 Authorization
$4,770,000 Wharton -Smith
$477,000 Contingency
$5,247,000
Jul)
$2,898,852
$1,634,278
$236,870
$368,000
$477,000
$5,615,000
25, 2016 Request
Wharton -Smith
Tonka Water
Ring Power Corporation
Wharton -Smith (3rd Vessel)
Contingency
. The Notice to Proceed for the project was issued June 20, 2016 and is expected to be
operational by June 2017. WTP #1 will remain operational during the course of
construction.
FISCAL IMPACT:
With the addition of a 3rd vessel, the construction project total authorization would increase
to $5,615,000. Sufficient funds have been included in the funding request from the State
Drinking Water Revolving Loan Fund to cover this increase. The loan agreement with the
final loan amount and interest rate will be brought to the City Commission at a future
meeting. Delivery of the ion exchange vessels from Tonka Water will take 180 days.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Consent 306 PAGE 2 OF 3 - July 25, 2016
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas /Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at six (6) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends the City Commission authorize the owner direct purchase of three Ion
Exchange Vessels from Tonka Water as specified in ITB #004 -16 -KL in the amount
of $1,634,278 and approve an increase in the project authorization of $368,000 to add the
3rd Ion Exchange Vessel for construction of the WTP #1 Water Quality Improvement
Project, and authorize the City Manager and the City Attorney to prepare and execute any
and all applicable documents.
ATTACHMENTS:
1. Tonka Water Quote with Wharton Smith Purchase terms and conditions (28 pages)
Consent 306 PAGE 3 OF 3 - July 25, 2016
n ,.
T0: Kipton Lockcuff, P.E.
Utility/ Public Works Director
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
TRANSMITTAL
RE: Owner Direct Purchase Order Request # 01
Date:
File No: C -8A
File Title: Owner Direct Purchase
Project Name: Water Treatment Plant 1 Water Quality Improvements W/S Project No.: 16 -029
Vendor: Tonka Equipment Company City Project No.: W04167
W/S or Subcontractor: City PO# to W /S:
Order Description: Hybrid Biological and anion exchange system for TOC and sulfide removal
PO Amount: $ 1,580,002.00 Tax Rate: 6.00° $ 94,800.12 PO w/ Tax: I $ 1,729,128.12
Freight (Non - Taxable): $ 54,276.00 Sur Tax: 1.00° $ 50.00 PO w /Out Tax: is 1,634,278.00
Estimated Tax: $ 94,850.12
WE ARE ENCLOSING THE FOLLOWING:
Copy of Letter Invoices ® Mail e-mail
® Estimates Other Hand Deliver
QTY
DESCRIPTION
FOR REVIEW
1
ODP Order for Iron Exchange Equipment
X
Vendor information:
Vendor Name: Tonka Equipment Company
Vendor Address: 13305 Watertower Circle, Plymouth MN 55441
Phone: (763)231 -0194
Attn: Mark Machacek
Email: mmachacek @tonkawater.com
REMARKS: RE: Owner Direct Purchase Order Request # 01
For W/S Use
City PO# to Vendor:
BY: PMs Name, Sloan Hagerty
Tonka Equipment Company
ATTACHMENT "A"
DEFINED REQUIREMENTS
SUBMITTALS: In order that the contractor may maintain its production schedule, you shall submit One 1
Electronic and Six (6) Hard copies by 7/01/2016. Deliver to Wharton- Smith, Inc., 750 Monroe Road, Sanford,
FL 32771 or P.O. Box 471028, Lake Monroe, FL 32747 -1028, attention Sloan Hagerty.
SHIPMENT OF PRODUCTS: Prepay freight charges on goods to delivery address.
DELIVERY ADDRESS:
Wharton- Smith, Inc.. Attn: Jim Gramlich
c/o Winter Springs WTP #1
851 Northern Way
Winter Springs, FL 32708
SHIPPING SCHEDULE: Shipment of goods must be made on schedule. Seller shall confirm shipping schedule
after approval of shop drawings. Seller is required to notify the Project Manager /Project Superintendent no less
than forty -eight (48) hours prior to delivery. 24 weeks
PAYMENT TERMS / INVOICES: Seller shall not invoice for any goods before shipment. The Purchaser will pay
90% of each invoice within 30 days of its date and the balance within five business days after the Purchaser
receives its final payment from the Owner (disregarding any minor withholding after the Owner releases the
bulk of retainage). Invoices may be submitted electronically at �i c iii�irt ... ith cor or via US Mail. Show on
every delivery ticket and invoice, the Purchase Order No. 216029 -001, and Job Number 16 -029.
This Purchase Order includes all applicable sales tax. For Purchase Orders qualifying under the Tax - Exemption
Status, see additional requirements attached. For out of state vendors who do not acknowledge sales tax or
whose invoice does not reflect sales tax, Purchaser will self- assess any Use Tax liabilities due and remit to the
Department of Revenue.
INSTALLATION, OPERATION AND MAINTENANCE MANUALS: Seller will provide Five (5) Hard copies and One
(1) Electronic copies of preliminary manuals and Five (5) Hard copies and One (1) Electronic copies of final
manuals. Deliver to Wharton- Smith. Inc.. 750 Monroe Road, Sanford, FL 32771 or P.O. Box 471028, Lake
Monroe, FL 32747 -1028, attention Sloan Hagerty.
AS -BUILT DRAWINGS: Seller will provide to the Purchaser N/A copy of as -built drawings. Deliver to Wharton -
Smith. Inc. 750 Monroe Road, Sanford, FL 32747 or P.O. Box 471028, Lake Monroe, FL 32747 -1028, attention
Sloan Hagerty.
SPARE PARTS: Spare parts required.
With respect to the contract documents and each specification section covered by this order, Seller shall provide
the necessary spare parts. The spare parts will be delivered to the jobsite address, separate from the Order, at a
time specified by the Purchaser. These spare parts will be boxed and marked according to specification section
and will be accompanied by a spare parts turnover sheet. This form must include part numbers, quantities, and
description of spare parts provided. Failure to provide these spare parts in the manner requested will result in
withholding up to 5% of the contract amount or $1000, whichever is greater. This amount will be released when
the parts have been turned over and approved by the Owner.
Tonka Equipment Company
ATTACHMENT "B"
SCOPE OF WORK
Furnish and Deliver per Plans and Specifications for the above referenced project:
All materials to be delivered or shipped to:
Wharton- Smith, Inc.
c/o Winter Springs WTP #1
851 Northern Way
Winter Springs, FL 32708
GENERAL NOTES
In the event of conflicts between this section of the documents and other documents, this section shall take
precedence.
The Work: The Vendor /Supplier's "Scope of Work" shall include, but is not necessarily limited to all materials,
submittals, samples, mock -ups, insurance, taxes and all other items required to complete The Work defined below, all
in complete accordance with the Plans and Specifications including all Addenda's.
THE WORK
The work shall include but not be limited to:
Furnish Supervision, Labor, Materials, Equipment, Services, Taxes, Special Permits and Licenses required to Supply,
Startup, and Test a complete and fully functioning Biological Ion Exchange Package.
1. This order is being issued for the supply, startup, testing, and demonstration of all components as specified in
Specification Section 11700 Hybrid Biological and Anion Exchange System for TOC and Sulfide Removal. This
specification section describes a complete and integrated water treatment system (IWTS) to be furnished by
Tonka Water including all accessories and special equipment as shown on the Drawings and as specified. This
includes, but not limited to, the following:
a. Three (3) Ion Exchange Vessels per the Contract Documents. Each vessel shall be provided with
structural support legs, sample taps, access manways, flanges, ladders, platforms, lifting lugs,
nozzles, etc., as specified and required for a complete and integrated system.
i. Each vessel shall be equipped with the raw water distribution / backwash waste collection
system, an underdrain system, header / lateral cleaning distributor assemblies, Co -Flow
Regeneration Distribution System, and the Counter - Current Regeneration and Airwash
Distribution System as described in Specification 11700.
ii. All flanges, plates, angles, channels, beams, etc., including side -shell to head connections,
shall be joined by full penetration welds, each side, continuous.
1. All finish welds shall be smooth so that they are acceptable to receive the applicable
coatings
iii. Tanks shall be coated, interior and exterior, in accordance with the Contract Documents.
Special attention is called to specification 09900 as the Supplier shall ensure all factory
coatings are capable of receiving the required finish coats.
iv. Supplier shall furnish all gravel required for the support bed for each Vessel as described in
the Contract Documents.
Tonka Equipment Company
1. Gravel shall consist of hard rounded stones and free of shale, mica, clay, sand, dirt,
and organic impurities.
v. Supplier shall furnish all high capacity polystyrene anion exchange resin required for each
ion exchange vessel as specified. Installation by others, but installation supervision is by
Tonka Water.
1. Resin shall be of the highest quality available as approved by the Engineer.
vi. Supplier will be responsible to palletize and ship the resin and gravel in adequate
containers /bags to avoid spilling, freezing, and /or contamination.
vii. Vessel attached pipe supports shall be provided to properly support the raw water, brine,
and drain piping as indicated on the contract drawings. The sizing of these supports is the
responsibility of the Supplier.
viii. Vessels shall be supplied with the required NEMA 4x Stainless Steel Terminal Cabinets,
terminal strips, and appurtenances as specified (TC -1 and TC -2).
b. Brine Making and Dilution System
i. Provide one (1) brine pump and one (1) brine dilution pump in full accordance with the
Contract Documents.
ii. One (1) additional brine pump and one (1) additional dilution pump are to be provided and
will be used as the regenerant waste bleed pump and the regenerant waste emergency
pump.
iii. Brine pumps shall be of adequate head and capacity to meet the brining requirements of the
I WTS.
iv. Pumps shall be constructed of suitable materials for their intended use.
v. Pumps shall be supplied with the required recirculation valves.
vi. Provide one (1) adequately sized FRP brine storage tank as shown on the Contract
Documents.
1. Include all tie down lugs, lifting channels, man ways, flanges, piping, ladders,
fittings, injection ports, and level indicators /transmitters as specified.
c. Aeration System
i. Provide three (3) pressure aerators, as specified, with the required housings, internal
components, controls, valves, gauges, and fittings required to provide a complete and
functional system meeting the Design Specifications.
ii. Provide one (1) duplex oil -less compressor and receiver tank as specified.
d. Airwash System
i. Provide the complete Airwash Blower and Accessories package as detailed in Specification
11700. The airwash blower shall be a rotary lobe positive displacement type sized in
accordance with the Contract Documents. This includes all belts, sheaves, and guards
required.
ii. Provide the factory mounted inlet filter, inlet silencer, discharge silencer, and flex
connectors.
iii. Supply the pressure relief valve w/ canister silencer, lever operated butterfly valve, PVC ball
check valves, and suction /discharge pressure gauges.
e. Sidestream Pilot Testing Column
i. Supply all equipment, piping, valves, outlets, nozzles, vents, sample taps, seals, and
associated appurtenances for this Pilot Testing Column, as specified.
f. Access Platform
Tonka Eauiament Comaan
i. Provide a common access platform as shown on the Contract Drawings including ladder,
columns, grating and handrails for all three (3) vessels.
ii. Fabricate platform, support structures, handrail, kick plate, grating, ladders, and safety cages
of aluminum.
iii. Platform and accessories shall be in conformance with the most current OSHA standards.
iv. All fastening hardware shall be 316 stainless steel and is to be provided with the access
platform for installation by others. No field welding shall be required for the assembly.
v. Supplier shall coordinate with Division 16 with regard to making provisions for connection of
lighting protection air terminals and ground cables.
g. Facepiping
i. All piping, fittings, gaskets, and bolts associated with the facepiping shall be supplied in full
accordance with the Contract Documents.
h. IWTS Controls and Instrumentation
i. Provide the Ion Exchange Control Panel and the Ion Exchange Remote 1/0 Panel as indicated
in the Contract Documents. Supplier shall pay special attention to the requirements set forth
in Division 13 of the Contract Documents as these specifications apply to the Ion Exchange
System controls and instrumentation. Supplier will be responsible for all programming and
interfacing required to provide a full functioning system of all different processes and
structures supplied under this Purchase Order.
1. The Ion Exchange Control Panel (PCP -2) shall be provided in a NEMA 12 rated
enclosure. Panel shall be supplied with the specified PLC, power supply, 1/0 racks,
terminal blocks, relays, timers, switches, indication, etc., for a complete operating
system.
2. Ion Exchange Remote 1/0 Panel shall be provided in a NEMA U rated stainless steel
enclosure. Panel shall be provide with the specified remote 1 /0, power supply, 1/0
racks, terminal blocks, relays, timers, switches, indication, etc., for a complete
operating system.
a. Panel shall include a front panel mounted Operator Interface Terminal
(OIT).
3. All control panels shall be delivered to the site fully programmed, tested, and able
to communicate with the Site's SCADA System. This may require supplier to share
proprietary information with other trades.
4. All application software configuration including all operator interface screens,
reports, and database(s) are included in this scope of supply.
5. Hardware and software submittals are required and shall be in accordance with
Division 13.
6. Supplier is responsible for assisting in 1/0 Checkout and Testing, as well as putting
together all applicable 1/0 Checkout Forms.
ii. Provide the Brine Supply and Dilution Panel as specified.
1. Panel shall be windload rated, and include an individual meter and control valve
dedicated to the brine supply pump.
2. All panel components as required shall be supplied for a complete and functioning
system.
iii. Provide the Air Compressor / Diffusor Control Panel in full accordance with the Contract
Documents.
iv. Chemscan Monitoring System
1. Provide a complete and fully functional on -line nutrient analysis system for
detection of organic carbon (TOC).
Tonka Eauiament Comaan
2. This system shall include the specified Process Analyzers, enclosure to the required
NEMA rating, main power connections, control circuit boards, network
communications boards and associated software and instrument controls.
3. All software licenses required is included in this system package.
4. Supplier shall include installation assistance and on -site calibration. Within one (1)
year of startup, Supplier will be required to return for maintenance and inspection
of the equipment.
v. Instrumentation
1. Supplier is to provide all instruments specified to be furnished under 11700. Those
instruments include, but may not be limited to, the following:
a. Differential Pressure Gauge Panel: including influent pressure gauge,
effluent pressure gauge, Pressure Transmitter, phenolic nameplates, flush
mounted sample taps, and manufacturer nameplates.
b. Air supply pressure transmitter.
c. Regeneration water supply pressure transmitters.
d. Regeneration waste tank level sensors with transmitters.
e. Conductivity meter on the waste effluent.
f. Brine make -up tank level sensors with transmitters.
g. Brine feed system pump suction and discharge pressure gauges
2. All outdoor located transmitters shall be provided with aluminum sun shields in
accordance with Division 13. Please reference Detail 12 on Drawing E -28.
vi. Flow Meters
1. The magnetic flow metering system shall comprise a flow through spool piece with
sensing electrodes and an electronics unit.
2. Systems shall be wet calibrated at the factory using NIST traceable equipment.
3. Materials shall be as defined in the Contract Documents
4. Provide 316 Stainless Steel grounding rings as required to establish potential
matching.
5. Provide special tools and software necessary for field calibration.
6. Provide the following Magnetic Flow Meters:
a. Three (3) Ion Exchange Effluent Magnetic Flow Meters
b. One (1) Regen Waste Magnetic Flow Meter
c. One (1) Dilution Water Magnetic Flow Meter
d. One (1) Brine Magnetic Flow Meter
vii. Supplier shall provide all surge suppression as required in the Contract Documents for all
valves, instruments, control panels, equipment, and miscellaneous devices. At a minimum,
provide the following:
1. Lightning and surge protection on both the AC supply and signal lines.
2. Lightning and surge protection shall be provided on the 4 -20 mA DC Signal line.
viii. All control panels shall be supplied with a UPS as indicated in the Contract Documents.
i. Provide the following Ion Exchange System Valves in complete accordance with the Contract
Documents for all three Ion Exchange vessels:
Function
Size (in)
Actuator
Quantity
Raw Water Influent (RWI)
8
Electric BFV
3
Treated Water Effluent (TWE)
8
Electric BFV
3
Backwash Influent (BWI)
6
Electric BFV
3
Backwash Effluent (BWE)
4
Electric BFV
3
Tonka Equipment Company
Brine Influent (BRI)
3
Electric BFV
3
Fast Rinse Effluent (FRE)
6
Electric BFV
3
Airwash Inlet (AWI)
3
Electric BFV
3
Caustic Supply Rinse (ABI)
3
Electric BFV
3
Air Release Valve w/ Isolation (ARV)
2
Automatic
3
Airwash Redirect (ARD)
3
Manual BFV
3
Brine Redirect (BRD)
3
Manual BFV
3
Brine Feed Supply (BFS)
2
Electric Ball
1
Dilution Rinse Supply (DRS)
2
Electric Ball
1
Isolation Valves (ISO)
8
Manual Gate
3
Isolation Valves (ISO)
8
Manual BFV
3
Brine System Isolation Valves (ISO)
2
Manual Ball
9
Brine System Check Valves
2
Ball Check
3
Air Release, Manual
1
Manual Ball
3
Draindown Valve
6
Electric Plug
1
Backwash Flow Control Valve
6
Electric Plug (mod)
1
i. All valves shall be exterior primed with paint compatible with the specified field painting.
ii. All valves shall have interior coatings that comply with the contract specifications.
iii. All valve components shall comply with all stated AWWA, AISI, SAE, CDA, and ASTM
standards listed in the contract specifications.
iv. All valves shall be provided in accordance with the applicable specification section.
SERVICES TO INCLUDE
1. Submittals:
a. Supplier shall furnish all submittals as described in this Purchase Order agreement and the Contract
Documents. Such data must be delivered (in the correct quantities and format) to Wharton- Smith,
Inc.'s office as shown on Attachment "A" of this Order.
b. Shop Drawings Technical etc.: Furnish six (6) hard copies + one (1) electronic copies of appropriate
shop drawings and technical data for approval.
c. All submittals shall include the relevant specification section, with addendum updates included,
having each paragraph check - marked to indicate specification compliance. Check marks shall denote
full compliance with a paragraph as a whole. Any deviation shall be clearly marked by an "X" and
numbered to indicate a requested deviation. If deviations from the specifications are indicated, and
therefore requested, each deviation shall be underlined and denoted by a unique number in the
margin to the right of the identified paragraph, referenced to a detailed written explanation of the
reasons requesting the deviation. The remaining portions of the paragraph not underlined will signify
compliance with the specifications. Failure to include a copy of the marked -up specification sections
along with justifications for any requested deviations to the specification requirements shall be
cause for return of the entire submittal with no further review.
d. Submit dimensional drawings, catalog data and detail drawings, electrical drawings, curves,
calculations, motor data and copies of all factory and performance tests as required by the individual
specifications associated with the Work.
e. All materials must be submitted upon and approved prior to being sent to the jobsite, all non -
approved items may be rejected and returned at the suppliers cost.
f. Submittals shall be submitted, fully reviewed, by the supplier /subcontractor. Each submittal shall
include, up front, a copy of the specification section with each item clearly marked indicated full
Tonka Equipment Company
compliance with the specifications. Any deviations must be clearly marked and explained. There will
be additional charges for any submittals that have to go through more than two (2) review cycles.
g. All resubmittals (if required) shall have a turnaround time of ten (10) working days or less in order to
timely resubmit to the engineer for approval.
2. Operation and Maintenance Manuals:
a. Five (5) preliminary and Five (5) final including one (1) electronic copies of finals on CD -R properly
labeled in cases.
b. Preliminary O &M Manual must be on site and submitted prior to the scheduled startup of the
equipment and no later than 30 -days from the approved submittal date.
c. All Preliminary O &M Manual review comments must be clearly marked or identified in the Final
O &M Manual. Flagging or including a revision summary page is acceptable.
d. The data contained in the manual shall explain and illustrate clearly and simply all principals and
theory of operation, operating instruction, maintenance procedures, calibration procedures, safety
precautions, troubleshooting procedures, suggested forms for required record keeping, detailed
equipment drawings, electrical, and instrumentation schematics, at a minimum.
3. Supplier will provide all necessary certification plates, safety signs, labels, and pipe identification per the
Contract Documents.
4. Supplier will provide all calculations necessary for sizing and embedment depth of all anchor bolts. Anchor
bolts provided by others.
5. Supplier shall perform all testing as indicated in the Contract Documents. This includes all factory testing
requirements, all field services, and all other inspection services required.
a. Provide at least 30- calendar days' notice to the Owner prior to Factory Testing so that the Owner can
plan in advance to witness the testing (if desired).
b. Hydrostatically pressure test each vessel prior to shipment in accordance with the Contract
Documents.
6. Supplier shall provide all manpower necessary for the startup and testing requirements outlined in the
Contract Documents.
7. Supplier is required to coordinate with other trades for the proper system operation, programming, and
system start -up. This includes, but not limited to, the instrumentation and controls subcontractor and
electrical subcontractor.
8. Supplier is to provide assistance for disinfection of vessels after installation but prior to startup.
9. All materials supplied shall be coordinated with applicable specification and drawings. The supplier is
responsible for reviewing and assuring that the product is correct for the application and installation.
10. All factory, acceptance, operational readiness, and site acceptance tests
11. Supplier is responsible for the calibration of all instruments, panels, and related equipment being supplied
under this Purchase Order.
12. Supplier shall provide the required startup services for valve actuators being supplied under this Purchase
Order. All coordination required for startup services of these actuated valves is the responsibility of the
Supplier.
13. Implementation of equipment, testing, check -out, start -up and training is included in this scope of work.
14. Supplier is responsible to formulate a startup plan detailing the procedures and steps to be taken during the
initial startup of the equipment. This plan shall be compiled and submitted for approval prior to delivery of
the equipment.
ITEMS TO NOTE
1. Provide all spare parts as required by the Contract Documents.
2. All deliveries shall be made between 7am- 3:OOpm M -F; all deliveries shall be escorted onto the site by
Wharton- Smith, Inc. A 72 hour notice to Wharton Smith's Superintendent will be required prior to any
deliveries. This item is highly critical. Any delivery not provided per the direction of the project manager or
the site superintendent will be rejected at the vendor's expense. If this occurs, WSI has the right to pursue
reimbursement for delays in the project schedule.
Tonka Equipment Company
3. The two Ion Exchange Vessels shall be delivered on the same truck or two trucks on the same day as
coordinated with Wharton- Smith's project team. Failure to deliver the equipment as coordinated with WSI
will result in all additional costs being deducted from this Purchase Order.
4. Materials shall be released as required by the Wharton -Smith project team. No item shall be release for
production without written authorization from Wharton- Smith.
5. Supplier shall provide a written certification station the Ion Exchange System components have been
properly installed according to the drawings, specifications, and manufacturer Operation ready check -off
items when the equipment is operating normally.
6. Provide material mark numbers to clearly identify delivered material. Mark numbers will be provided by
Wharton- Smith, Inc. (WSI) when released for fabrication and delivery. Invoices shall reference material mark
numbers to avoid delays in payment.
7. This purchase order is a lump sum purchase order. Pricing shall be fixed through the duration of the project.
Escalation fees will not be accepted unless agreed to in writing.
8. Freight to the jobsite and environmental fees are included in this pricing. FOB Jobsite.
MATERIALS OF CONSTRUCTION
Materials of construction for the Ion Exchange and Brine Making systems shall comply with the Project Specifications.
MANUFACTURER'S FIELD SERVICE
Installation inspection, startup and field testing services in accordance with the Contract Specifications and as
required for the successful startup of the system herein.
TECHNICAL QUALIFICATIONS STATEMENT
This purchase order is contingent upon Wharton -Smith receiving a formal Notice to Proceed from the City of Winter
Springs to construct the project in its entirety and specifically, to construct this scope of work per the original contract
drawings.
This purchase order is also contingent upon approval of submittals by the Project Engineer in accordance with
contract documents referenced here -in. Any work or fabrication performed without approved submittals will be at
the sole risk of the supplier unless directed otherwise in writing by Wharton- Smith.
CONTRACT PLANS, SPECIFICATIONS, AND ADDENDA
A complete set of Project Plans, Specifications and Addenda as prepared by CPH, Inc. are being provided for
coordination of your work including Division 1, General Requirements, of the contract between the Owner and
Wharton- Smith, Inc. the conditions of which all must abide. The Supplier shall pay special attention to the pertinent
Division 1, General Requirement Specifications from both Contract Specification Documents including, but not limited
to:
1. 01300— Submittals
2. 01410— Regulatory Requirements
Supplier is required to furnish materials in accordance with ALL contract documents. In the event of a conflict, the
more stringent shall apply. Supplier shall pay special attention to pertinent specification sections including, but not
limited to:
1. 09900—Painting
2. 11700 — Hybrid Biological and Anion Exchange System for Sulfide and TOC Removal
3. 13300 — Instrumentation and Controls General Requirements
Tonka Equipment Company
4.
13310
— Process Instrumentation and Control System
5.
13315
— Control Panels
6.
13320
—Human Machine Interface (HMI) System
7.
13321—
Process and Instrumentation System (PICS) HMI System Programming
8.
13325
— Programmable Logic Controller System
9.
13326
— Process and Instrumentation Control System (PICS) PLC Subsystem Programming and 1/0
10.
15100
—Valves and Appurtenances
11.
16050
— Electrical — General Provisions
SCHEDULE EXPECTATIONS
1. All lead times provided by the Vendor are utilized in preparing the final schedule and the Vendor will be held
responsible to meet or exceed the times provided.
2. The Vendor will be responsible for all Contractor extended overhead, temporary facilities, and equipment
charges for any delays caused on the critical path of the final Construction Schedule.
3. Supplier shall strictly adhere to all dates listed below and complete all work in a timely fashion as not to
cause delay to the overall project.
a. All submittals are required within 4 -6 weeks from receipt of this purchase order.
b. Delivery of all equipment shall carry a 16 -18 week lead time from written release of equipment by
Wharton- Smith.
c. Delivery of all Valves and piping shall carry no more than a 24 -week lead time from written release by
Wharton- Smith.
WARRANTY
Equipment shall be warranted for a period of one -year from the date of placing it on -line. The treated water effluent
during this period of time shall be as detailed in the Contract Documents.
PLANT DISCHARGE QUALITY GUARANTEE
1. Minimum volume of water treated for each vessel between regenerations shall be 6.8 million gallons (2,700
bed volumes).
2. Supplier shall review system's influent raw water quality and specific requirements of the Contract
Documents and guarantee in writing that equipment supplied will consistently produce plant effluent
meeting TOC removal goals.
Dy1Ya!»1Ya!ity
Provide all Spare Parts are required by the Contract Documents. This includes, but may not be limited to, the
following:
1. One (1) brine pump
2. One (1) dilution pump
3. One (1) diffuser element with each pressure aeration system required
4. One (1) set of filters and belts for airwash blower system
5. One (1) CF of spare resin
6. All spare parts specified in Division 13 and Specification 11700 for the panels provided in this Purchase Order.
PRICE BREAKDOWN
Tonka Equipment Company
This purchase order is for the entire Biological Ion Exchange Package, including the submittals, O &M manuals, and
field services as described above for the Lump Sum of $1,634,278.00 including applicable freight. Taxes are excluded
from this owner direct purchase order.
Base Equipment
$1,212,002.00
Third Vessel
$368,000.00
Freight
$54,276.00
Total
$1,634,278.00
OWNER DIRECT PURCHASE
The Supplier is required to participate in the Owner's Tax Exempt Purchase Order Procedure. The City of Winter
Springs (Owner) has been provided tax - exempt status by the State of Florida.
The Purchase Order Agreement #216029 -001 between Tonka Equipment Company and Wharton Smith executed June
7, 2016 will remain in effect. Upon execution of this Owner Direct Purchase Order, Wharton Smith will issue a
deductive change order to PO #216029 -001 and will reduce the Contract amount to $21,722.00. The Terms and
Conditions of the Wharton Smith Agreement will remain in effect for both orders until successful completion of the
work including the warranty period and final payment by the City of Winter Springs.
Page 1 of 16
QUOTATION # 20016 - 111
1 TONKAWATERm
Trusted systems. Resourceful thinking.
Winter Springs, FL I WTP #1
Biological Ion Exchange System for TOC and Sulfide Reduction
Tonka Water is the basis of design this project.
This proposal meets the requirements of the American Iron and Steel (AIS) Act
We acknowledge Addendum #1 -3
To: Wharton -Smith
Engineer:
CPH, Inc.
Bid Date:
3/18/2016
Quotation #:
20016 — R1
Quote Date:
6/29/2016
Attachments:
Ion exchange system scope of supply limits
We are represented on this project by:
Sam Gutridge
Envirosales of Florida
Water Tower Business Park
1101 U.S. 27 S
Sebring, FL 33870 -2171
USA
863- 381 -1875
sam @envirosalesofflorida.com
Tonka Water Contact:
Mark Machacek
13305 Watertower Circle
Plymouth, MN 55441
USA
763 - 231 -0194
mmachacek @tonkawater.com
4 TO N KAWAT E R'''
Page 2 of 16
Reference: 11700 Hybrid Biological /Anion Exchange System for Sulfide and TOC Reduction
Vessel Quantity:
Dimensions:
Working Pressure:
Hydrostatic Test Pressure:
Shipping Weight, Each
Total Capacity:
Vessel Operating Weight:
2
12' -0" diameter x 6' -0" side shell
100 psi
130psi
15,000 lbs.
1,800 gpm
110,000 I bs
Tonka Water Ion Exchange Vessels are designed in accordance with ASME and bearing the
ASME stamp.
1. Internal accessories, per vessel:
a. One (1) Tonka Water PVC standard header/ lateral over drain distribution / backwash
water collection assembly, factory installed, as specified.
b. One (1) Underdrain system consisting of a factory installed PVC header/ lateral
treated water collection / backwash water supply underdrain with Tonka Water
underdrain nozzles located on 12" centers, as specified. NOTE Underdrain openings
are to be equipped with threaded caps installed at the factory until concrete grout is
to be installed into the filter by the installing contractor. Contractor is responsible for
removal of the caps and installing the Tonka Water underdrain nozzles after the
concrete grout has been poured and cured.
2. External accessories, per vessel:
a. One (1) elliptical manway: 14" x 18 ".
b. Sample taps, as specified.
C. Structural support legs.
d. Lifting lugs, as required.
e. Nozzles, as specified.
f. Drains, as specified.
3. Support gravels and filter media
a. Graded support gravels in the specified gradations included to provide a vertical bed
depth of 15 ". Graded support gravel shipped in 100 pound, one cubic foot bags for
installation by others. Approximate total bags: 284
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R'''
Page 3 of 16
b. Appropriate volume of specified ion exchange resin to provide a 36" vertical depth.
Resin to be shipped in one cubic foot bags for installation by others. Approximate
total bags: 678
Note: All media and support gravels will be shipped on pallets with approximately
2,000 lbs. per pallet.
4. Tonka Water standard header / lateral cleaning distributor assemblies, three per vessel.
To be assembled in vessel, 316 SS construction with 3" headers and %" laterals.
Attachment hardware included.
S. Facepiping. Tonka Water includes facepiping to the limits indicated on the attached
sketch. The facepiping will be prime painted on the exterior, and the finish paint will need
to be applied by others, after installation. Airwash and compressed air piping not
included.
Note: Valves within the limits of the facepiping shown on the sketch may not be
included with this quotation. Review valves section of this quotation to
determine the specific valves included by Tonka Water. Pipe supports by others.
6. Ion exchange system valves. Tonka Water provides valves as specified. Regeneration
control valves are flange- bodied butterfly valves with electric actuators. Valves are
shipped loose for installation by others. Valves under 3" shall be ball valves, Asahi or
engineer approved equal. Automatic air release valves will be Tonka Water standard, cast
iron body.
Function
Raw water influent (RWI)
Treated water effluent (TWE)
Backwash influent (BWI)
Backwash effluent (BWE)
Brine influent (BRI)
Fast rinse effluent (FRE)
Airwash inlet (AWI)
Caustic supply rinse (ABI)
Air release valve w /isolation (ARV)
Airwash redirect (ARD)
Size, in
Actuator
Quantity
8"
Electric BFV
2, 1 per vessel
8"
Electric BFV
2, 1 per vessel
6"
Electric BFV
2, 1 per vessel
4"
Electric BFV
2, 1 per vessel
3"
Electric BFV
2, 1 per vessel
6"
Electric BFV
2, 1 per vessel
3"
Electric BFV
2, 1 per vessel
3"
Electric BFV
2, 1 per vessel
2"
Automatic
2, 1 per vessel
3"
Manual BFV
2, 1 per vessel
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
1 TO N KAWAT E R''' Page 4 of 16
Brine redirect (BRD) 3" Manual BFV 2, 1 per vessel
Brine feed supply (BFS) 2" Electric Ball 1
Dilution rinse supply (DRS) 2" Electric Ball 1
Isolation valves (ISO) 8" Manual Gate 2, 1 per vessel
Isolation valves (ISO) 8" Manual BFV 2, 1 per vessel
Brine system isolation valves (ISO) 2" Manual Ball 9
Brine system check valves 2" Ball check 3
Air release, manual 1" Manual Ball 2, 1 per vessel
Draindown valve 6" Electric Plug 1
Backwash flow control valve 6„ Electric lug
(mod) 1
7. Instrumentation
a. One (1) loss of head gauge panel, including influent pressure gauge, effluent
pressure gauge and Rosemount Delta -P cell and transmitter as specified; panel is
shipped loose for installation by others. Uni -strut pipe clamps are included.
b. One (1) Rosemount air supply pressure transmitter as specified.
C. One (1) Rosemount regeneration water supply pressure transmitter as specified.
d. Two (2) regeneration waste tank level sensors with transmitters, as specified.
e. One (1) Rosemount conductivity meter on the waste effluent as specified.
8. Chemscan monitoring system
a. One (1) Model UV -6101 Process Analyzer, including NEMA -4 electronics module
enclosure, main power connection, control circuit board, network communications
board and associated software for instrument control, internal memory with lithium
battery backup, light source module, spectrograph module with 256 element array
detector, external keypad and cabinet mounted display. Flow cell module consisting
of removable flow cell, internal manifold including auto zero and clean functions,
calibration sample port and Six (6) sample lines, peristaltic analyzer pump, RS -232
serial port and NEMA -3R enclosure.
b. One (1) Chemscan Electrical Interface Enclosure, including NEMA -4 enclosure with Six
(6) MODBUS RTU outputs and Six (6) inputs to enable or disable individual sample
lines.
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R'''
Page 5 of 16
c. Applied Spectrometry Associates, Inc. single instrument software license for
chemometric algorithm suitable for on -line analysis of TOC using UV absorbance
correlation method at a range of 0.0 - 20.0 ppm
d. Field Service to include installation assist and on -site calibration, % day operation and
maintenance training, travel expenses included based on 1 trip. Within 1 year of
startup, a second service visit, 1 trip, will be conducted for maintenance and
inspection.
9. Aeration System
a. Two (2) Tonka Water pressure aerators, 8 ", as specified with housings, internals,
controls, valves, gauges and fittings required to provide the required air flow to each
vessel. Interconnecting tubing and fittings between compressor and aerator control
panel not included.
b. One (1) duplex oil -less compressor, Powerex 15 HP total, 46.2 CFM with 120 gallon
receiver tank, as specified. Doghouse, as shown on drawing M -1 and D -4, not
included.
10. Tonka Water automatic control panels
a. One (1) NEMA 12 rated enclosure complete with Allen Bradley Series PLC, power
supply, 1/0 racks, terminal blocks, relays, timers, switches, indication, etc., as specified
for a complete operating system.
b. One (1) NEMA U rated stainless steel enclosure complete with Allen Bradley remote
1 /0, power supply, 1/0 racks, terminal blocks, relays, timers, switches, indication, etc.,
as specified for a complete operating system. Tonka Water includes an operator
interface terminal Series 1250 Panelview color touch screen and necessary
programming to indicate ion exchange system status, backwash, regeneration, alarms,
exterior signals, individual vessel status, wells, and other functions as required for
complete system operation, as specified.
NOTE: Tonka Water control panels will be shop tested prior to shipment, subject
to witnessing by consultant if required.
Tonka Water will provide all SCADA addresses and data for communication with the
plant control panel. Analog inputs are sent to SCADA, so statistics, trending, reports,
and data logging are done by SCADA, not the PV +.
11. Meters. Tonka Water will provide the following flowmeters as specified:
a. Two (2) ion exchange effluent flowmeters, magnetic, 8"
b. One (1) regen waste flowmeter, magnetic, 6"
c. One (1) dilution water flowmeter, magnetic, 2"
d. One (1) brine meter, magnetic, 1.5"
12. Brine supply and system components
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R'''
Page 6 of 16
a. Brine pumps: Three (3) brine pumps, with recirculation valves, will be provided for
the delivery of saturated brine as required. Two of these pumps are supplied as
spares, one of which will be used as the regenerant waste bleed pump. Brine pump
motor will be 1.0 hp maximum and equipped with a NEMA 56 frame and TEFC
designs, as specified. All fittings and piping by others.
b. Dilution water pumps: Three (3) dilution water pumps, with recirculation valves, will
be provided for the delivery of dilution water as required. Two of these pumps are
supplied as spares, one of which will be used as the regenerant waste emergency
pump. Dilution water pump motor will be 2.0 hp maximum and equipped with a
NEMA 56 frame and TEFC designs, as specified. All fittings and piping by others.
c. Brine Supply and Dilution Panel: One (1) Brine supply and dilution panel as specified.
d. Caustic feed pump not provided by Tonka Water.
13. Airwash rotary lobe positive displacement blower package Aerzen blower sized for 360
cfm. The V -belt drive blower and 15 hp 460 V 3 phase motor will be mounted on a
common steel base plate. The package also includes factory mounted inlet filter, inlet
silencer, discharge silencer and flex connectors. Shipped loose for field installation are the
following components: pressure relief valve with canister silencer, lever operated
butterfly valve, PVC ball check valve and discharge pressure gauge. Piping, fittings,
electrical and motor starters are by others. Off /remote function provided by motor starter
panel, which is by others.
14. Salt Storage and Brine Makeup Tank
a. One (1) Plas -Tanks Model 10 -15 salt storage and brine maker system, with level
indicators /transmitters, as specified.
15. Access Platforms. One (1) access platform, as specified.
16. Sidestream Pilot Column. One (1) pilot column and supporting equipment, as specified.
17. Paint
a. Interior — Shop sandblasted per SSPC -SP10, prime and finish painted, according to
the specification.
b. Exterior — Shop sandblasted per SSPC -SP6 and prime painted according to the
specification. Finish coat by others with compatible system.
18. Warranty As discussed with the engineer, Tonka Water provides an effluent performance
warranty to the limits of detection used during pilot testing, <0.57 mg /L, not the <0.5
mg /L as requested in the specification. The system will likely provide <0.5 mg /L, but
without data to validate that pilot testing achieved this level, we cannot guarantee this
performance. Our understanding was this was to be addressed via addendum.
19. Field service consisting of 7 trips, 20 days total for installation inspection, media
installation supervision, start -up and operator training. If additional supervision is
required, it will be offered at the rate of $900 per day plus travel and per diem expenses.
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R'''
20. Submittal drawings and data for engineer's approval prior to fabrication of equipment.
21. Installation, operation and maintenance manuals, as required.
Page 7 of 16
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R'''
Page 8 of 16
Reference: 11700 Hybrid Biological /Anion Exchange System for Sulfide and TOC Reduction
Vessel Quantity:
Dimensions:
Working Pressure:
Hydrostatic Test Pressure:
Shipping Weight, Each
Total Additional Capacity:
Vessel Operating Weight:
1
12' -0" diameter x 6' -0" side shell
100 psi
130psi
15,000 lbs.
900 gpm
110,000 I bs
Tonka Water Ion Exchange Vessels are designed in accordance with ASME and bearing the
ASME stamp.
1. Internal accessories, per vessel:
a. One (1) Tonka Water PVC standard header / lateral over drain distribution / backwash
water collection assembly, factory installed, as specified.
b. One (1) Underdrain system consisting of a factory installed PVC header/ lateral
treated water collection / backwash water supply underdrain with Tonka Water
underdrain nozzles located on 12" centers, as specified. NOTE Underdrain openings
are to be equipped with threaded caps installed at the factory until concrete grout is
to be installed into the filter by the installing contractor. Contractor is responsible for
removal of the caps and installing the Tonka Water underdrain nozzles after the
concrete grout has been poured and cured.
2. External accessories, per vessel:
a. One (1) elliptical manway: 14" x 18 ".
b. Sample taps, as specified.
C. Structural support legs.
d. Lifting lugs, as required.
e. Nozzles, as specified.
f. Drains, as specified.
3. Support gravels and filter media
a. Graded support gravels in the specified gradations included to provide a vertical bed
depth of 15 ". Graded support gravel shipped in 100 pound, one cubic foot bags for
installation by others. Approximate total bags: 142
b. Appropriate volume of specified ion exchange resin to provide a 36" vertical depth.
Resin to be shipped in one cubic foot bags for installation by others. Approximate
total bags: 339
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R'''
Page 9 of 16
Note: All media and support gravels will be shipped on pallets with approximately
2,000 lbs. per pallet.
4. Tonka Water standard header / lateral cleaning distributor assemblies, three per vessel.
To be assembled in vessel, 316 SS construction with 3" headers and %" laterals.
Attachment hardware included.
S. Facepiping. Tonka Water includes facepiping to the limits indicated on the attached
sketch. The facepiping will be prime painted on the exterior, and the finish paint will need
to be applied by others, after installation. Airwash and compressed air piping not
included.
Note: Valves within the limits of the facepiping shown on the sketch may not be
included with this quotation. Review valves section of this quotation to
determine the specific valves included by Tonka Water.
6. Ion exchange system valves. Tonka Water provides valves as specified.
Regeneration
control valves are flange- bodied butterfly valves with electric actuators.
Valves are
shipped loose for installation by others. Valves under 3" shall be ball valves, Asahi or
engineer approved equal. Automatic air release valves will be Tonka Water standard, cast
iron body.
Function Size, in Actuator
Quantity
Raw water influent (RWI) 8" Electric BFV
1
Treated water effluent (TWE) 8" Electric BFV
1
Backwash influent (BWI) 6" Electric BFV
1
Backwash effluent (BWE) 4" Electric BFV
1
Brine influent (BRI) 3" Electric BFV
1
Fast rinse effluent (FRE) 6" Electric BFV
1
Airwash inlet (AWI) 3" Electric BFV
1
Caustic supply rinse (ABI) 3" Electric BFV
1
Air release valve w /isolation (ARV) 2" Automatic
1
Airwash redirect (ARD) 3" Manual BFV
1
Brine redirect (BRD) 3" Manual BFV
1
Winter Springs, FL I WTP #1 Quotation #20016 — R1
6/29/2016
1 TO N KAWAT E R''' Page 10 of 16
Isolation valves (ISO) 8" Manual Gate 1
Isolation valves (ISO) 8" Manual BFV 1
Air release, manual 1" Manual Ball 1
7. Aeration System
a. One (1) Tonka Water pressure aerator, 8 ", as specified with housings, internals,
controls, valves, gauges and fittings required to provide the required air flow to each
vessel. Interconnecting tubing and fittings between compressor and aerator control
panel not included.
8. Meters. Tonka Water will provide the following flowmeters as specified:
a. One (1) ion exchange effluent flowmeter, magnetic, 8"
9. Access Platforms. One (1) access platform addition, as depicted in plans.
10. Paint
a. Interior — Shop sandblasted per SSPC -SP10, prime and finish painted, according to
the specification.
b. Exterior — Shop sandblasted per SSPC -SP6 and prime painted according to the
specification. Finish coat by others with compatible system.
11. Field service included with Item A.
12. Submittal drawings and data for engineer's approval prior to fabrication of equipment.
13. Installation, operation and maintenance manuals, as required.
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R''' Page 11 of 16
PRICE SUMMARY
Item Price
A. Ion Exchange System $1,212,002
Freight charges for Item A. $54,276
Service charges for Item A. $21,722
Total Base Price $1,288,000
Alternates Add to Base Price
1. Additional 900gpm capacity Add $368,000
Tonka Water bases this proposal on the invoice schedule as shown below:
10% Upon Drawing Submittal
10% Upon Submittal Approval
50% Upon Shipment
20% Upon Startup
10% Upon Acceptance
Delivery:
1. Approval drawings will be supplied in approximately 4 to 6 weeks after receipt of a firm order.
Tonka Water will begin drawings immediately upon receipt of acceptable letter of intent to
purchase.
2. Shipment of equipment will be made in approximately 16 to 18 weeks after receipt of
approved drawings. However, AIS valves and piping may have shipment time of up to 22 -24
weeks and should be released as soon as possible under separate submittal.
Items Ordered
P.O. Number
Total Net Price
Firm Name
By (Print)
Signature
Date
Tonka Equipment Company dba Tonka Water
For terms of the sale, refer to attached TERMS AND CONDITIONS OF QUOTATION AND SALE.
For your convenience, this sheet may be used as your order for this equipment.
TONKA WATER
1 763 - 231 -0194 1
mmachacek @tonkawater.com
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
4 TO N KAWAT E R'''
WE DO NOT INCLUDE THE FOLLOWING:
Page 12 of 16
1. Mechanical or electrical installation.
2. Unloading or rigging. The contractor must provide a suitable access to the jobsite.
3. On -site storage or protection of equipment.
4. Pipe, valves or fittings other than those specifically described herein.
5. Pipe supports or hangers.
6. Motor starters, motor controls, disconnects, or any other electrical equipment other
than those specifically described herein.
7. Electrical wiring or conduit.
8. Chemical feed tubing, conduit piping, hangers or supports.
9. Pumps or pumping equipment other than those specifically described herein.
10. Concrete, concrete grout or rebar.
11. Disinfection or disinfection / start-up chemicals.
12. Lubricants.
13. Pneumatic tubing or conduit.
14. Control panel wall mounting material or hardware.
15. Any items not specifically described in this proposal.
16. Control panel sunshields
17. Bypass or backpressure valves
18. Caustic feed pump
NOTES:
1. Equipment is quoted f.o.b. factory with full freight allowed to the jobsite.
2. Our proposal does not include any sales or use taxes.
3. If the above proposal includes valves, piping, etc., these are to be shipped loose for
assembly and installation by others unless specifically noted to the contrary.
4. The attached Tonka Water standard Terms and Conditions are incorporated by reference
into this quotation, will be a part of any binding agreement between you and Tonka
Water, and cannot be modified by you whether by the terms of your purchase order or
otherwise, except to the extent expressly accepted by Tonka Water in writing. You agree
to abide by the terms of Section 1 ( "General "), Section 3 ( "Quotations ") and Section 17
( "Confidential Information ") of the Tonka Water standard terms and conditions with
respect to the information contained in this quotation and any other information
provided to you by Tonka Water, regardless of whether you submit an order or whether
you and Tonka Water enter into a binding agreement regarding the purchase of the
products described herein.
5. Please note that a copy of the contractor's payment and performance bond is required
to be forwarded to us as a part of normal credit approval procedures.
6. Tonka Water requires partial payments based on shipped material and purchaser's
account being current prior to scheduling a field technician for equipment start -up.
7. Tonka Water will provide field services as outlined above in this quotation. Tonka
Water's field service rate is $900.00 per day plus travel and per diem expenses. If Tonka
Water field service personnel arrive on -site after a schedule is established and the
project is not ready for the intended services to be performed, Tonka Water will invoice
for additional days, if required. If the time required is greater than listed in this
quotation, Tonka Water will invoice purchaser at the above field service rate plus travel
and per diem expenses.
Winter Springs, FL I WTP #1 Quotation #20016 — R1 6/29/2016
TERMS AND CONDITIONS OF QUOTATION AND SALE
1. GENERAL
All quotations furnished by Tonka Equipment Company dba
Tonka Water or its authorized agents to you are intended for
your use only. Any order you submit in connection with a
quotation will not constitute an agreement unless and until
Tonka Water sends you a written letter accepting your order (a
"Letter of Acknowledgement "). You agree, however, that
Sections 1, 3 and 17 of these terms and conditions will apply to
all quotations and other materials provided to you by Tonka
Water, regardless of whether you and Tonka Water
subsequently enter into an agreement in connection therewith.
All orders must be submitted in writing. In response to an
order, Tonka Water may provide a Letter of Acknowledgement,
which will constitute the entire agreement between you and
Tonka Water and supersede all other agreements and
undertakings, whether written or oral, between you and Tonka
Water with respect to the subject matter therein. Terms and
conditions of documents other than the quotation, the Letter of
Acknowledgement and these terms and conditions shall not be
deemed incorporated into the agreement between you and
Tonka Water unless such terms and conditions are expressly
referenced in the Letter of Acknowledgement and only to the
extent so referenced. In the event of an inconsistency between
these terms and conditions and the terms set forth in the Letter
of Acknowledgement, the terms of the Letter of
Acknowledgement shall control, but only to the extent
necessary to resolve such inconsistency.
2. PAYMENT
Net amount of invoice is payable in full within thirty (30) days of
date of invoice, unless otherwise stated. 1 -1/2% interest per
month (but not to exceed the maximum amount allowed by
law) will be added to all past due invoices, commencing as of
the due date. In addition to any other rights or remedies that
Tonka Water may have at law or equity, Tonka Water will be
entitled to indefinitely suspend its performance hereunder for
so long as you have an invoice past due. Invoices may be
submitted as partial shipments are made at the election of
Tonka Water at its sole discretion. If shipment is delayed by you
beyond the scheduled date, payment shall be due in full when
Tonka Water prepared to make the shipment. If delivery is
deferred, the equipment and material may be stored as
provided in Section 7 below.
Tonka Water reserves the right to conduct a credit check on
you, and to reject an order in whole or in part, or to require full
or partial advance payment in connection with any order, based
on the results of such credit check. You agree that, if an event
or events occur during the term of a particular order that Tonka
Water reasonably believes may adversely affect your credit-
worthiness, Tonka Water may require full or partial advance
payment in connection with the remainder of such order.
Page 13 of 16
No cash discount or early payment discounts will be allowed.
You shall have no right to set off against amounts owed to
Tonka Water.
3. QUOTATIONS
All written quotations automatically expire unless you submit a
written order within ninety (90) days of the date of receipt.
Clerical or stenographic errors in quotations are subject to
correction. Oral quotations expire the same day they are
originated.
The design of all products listed in Tonka Water's catalog,
product literature and website is subject to modification at
Tonka Water's sole discretion. Tonka Water will furnish
products which are interchangeable wherever possible, but
reserves the right, at its sole discretion, to substitute products
or parts or materials thereof. Tonka Water further reserves the
right at any time to discontinue the manufacture of any model
or to make changes in design without incurring any obligation to
furnish or install the same on products previously
manufactured. All Tonka Water literature, including literature in
electronic format, is maintained as a source of general
information and is subject to change without notice.
4. TAXES
Prices on the products specified herein do not include sales, city,
state, federal excise, use, duties, or similar taxes. Wherever
applicable, such tax or taxes will be added to the invoice as a
separate charge to be paid by you, or in lieu thereof you shall
provide Tonka Water with a tax exemption certificate
acceptable to the taxing authorities.
5. DELIVERY
While Tonka Water will use commercially reasonable efforts to
meet all estimated delivery dates, all such delivery dates are
approximate and cannot be guaranteed. The estimated delivery
dates provided to you are contingent on third -party
performance, supply availability, timely submission of an order
by you and acceptance of such order by Tonka Water, as well as
other factors beyond the reasonable control of Tonka Water. IN
NO EVENT SHALL TONKA WATER BE LIABLE TO YOU FOR
DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT
LIMITATION DIRECT, COLLATERAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING FROM OR IN
CONNECTION WITH A FAILURE TO MEET AN ESTIMATED
DELIVERY DATE.
6. SHIPMENTS; ACCEPTANCE
All prices are f.o.b. factory- warehouse, Plymouth, Minnesota,
freight allowed to the job site, unless otherwise stated. All
published weights are estimates and not guaranteed. All
dimensions shown in catalogs are approximate. Title shall pass
to you, and you shall assume risk of loss, for all products upon
delivery by Tonka Water to the carrier. You are responsible for
payment of all loading, freight, shipping, insurance, forwarding
and handling charges, taxes, storage, customs, export or import
4 TO N KAWAT E R"'
tariffs and all other duties or charges applicable to the products
after they are delivered by Tonka Water to the carrier. Method
and route of shipment are determined at Tonka Water's sole
discretion, unless you expressly request in writing a particular
shipment method or route and agree to pay for all special
packing and other expenses incurred by Tonka Water with such
shipment method or route.
In no event shall Tonka Water be liable for shipping damages or
delays. All breakage or damage claims should be filed with the
carrier as soon as detected. Tonka Water will use reasonable
efforts to assist you in securing an adjustment for any damage
claims you file. A concealed- damage report should be filed with
the carrier immediately whenever damaged products are
received in intact containers.
Products will be deemed accepted unless you give Tonka Water
notice within ten (10) days of your receipt of the product
specifying the deficiencies that are the basis for rejection. All
claims, including claims for loss, damages, shortages, or for any
other cause, shall be deemed waived and released by you,
unless made in writing within ten (10) days after your receipt of
the product. You agree that, prior to your exercise of any
remedies you may have at law or at equity, Tonka Water shall
have sixty (60) days to cure, or to provide you with a reasonably
acceptable proposal to cure, the identified deficiencies.
7. STORAGE
If the products are not shipped within fifteen (15) days after
Tonka Water notifies you that they are ready for shipping, for
any reason beyond Tonka Water's reasonable control, including
your failure to give shipping instructions, Tonka Water may
store such products at your risk in a warehouse or yard or upon
Tonka Water premises, and you shall pay all handling,
transportation and storage costs incurred in connection
therewith.
8. INDEMNIFICATION
Tonka Water will, at its own expense, defend any suit brought
against you to the extent it is based on a claim that any product
or any part thereof in the particular form sold by Tonka Water
infringes a United States patent, but only on the condition that
you shall promptly notify Tonka Water in writing of any such
claims, and shall give Tonka Water full authority for the conduct
of such suit, and shall render to Tonka Water (at Tonka Water's
expense, for reasonable, documented out -of- pocket expenses
only) whatever information and assistance may be reasonably
required for such defense. Tonka Water shall pay damages and
costs, if any, awarded against you in such suit, and if such
product, or any part thereof, is held to infringe and the use of
such product or part is enjoined, Tonka Water shall have the
option at its sole discretion of procuring for you the right to
continue using such product or part, replacing the product or
part with a non - infringing product, modifying the product or
part so as to avoid infringement, or removing the product or
part and refunding the purchase price. Tonka Water will have
sole control over the defense and settlement of any such claim.
Page 14 of 16
9. INSTALLATION
All dimensions shown in catalogs are approximate; you should
obtain certified dimension drawings from the factory for actual
construction.
The Letter of Acknowledgement may provide for the
performance of certain installation, testing or similar services by
Tonka Water in connection with your order and, in such event,
the performance of and compensation for such services will be
governed by the express terms of the Letter of
Acknowledgement and these terms and conditions, including
without limitation the last paragraph of this Section 9. If,
subsequent to the Letter of Acknowledgement, you request
additional services from Tonka Water, you will reimburse Tonka
Water for all costs associated with such services, as well as labor
at a rate specified in the applicable agreement (or if no rate is
specified therein, at Tonka Water's then - standard rates), and
Tonka Water will invoice you monthly for such services,
payment of such invoices to be governed by Section 2 herein.
These terms and conditions, including without limitation the last
paragraph of this Section 9, will apply to the performance of
services requested subsequent to the Letter of
Acknowledgement.
Except as expressly set forth in the quotation or Letter of
Acknowledgement, you are responsible for all unloading, on -site
storage and installation and all expenses associated therewith.
Tonka Water shall not be liable for any damages resulting from
installation or handling by others. It is your responsibility to
provide proper storage at the job site to protect the products
from extreme temperatures, contamination or deterioration.
Tonka Water is not responsible for deterioration or rusting of
Tonka Water - applied prime coatings on delivered products if
the primed surface has not been painted in the field within sixty
(60) days of arrival at the job site. You are responsible for
clearing the job site of all obstructions and preparing the job site
for installation or testing, and for ensuring reasonable access to
the premises on which the product is situated or to be installed.
Tonka Water will not be liable for any delay in provision of the
services, any damages to the premises or any other damage or
loss arising from the condition of the job site. You agree to
indemnify, defend and hold harmless Tonka Water from any suit
brought against Tonka Water to the extent it is based on a claim
for bodily injury, personal injury, death or property damages or
loss asserted by third party or any employees or agents of Tonka
Water or you, respectively, in connection with services provided
by Tonka Water, unless such claim resulted from the
recklessness or intentional malfeasance of Tonka Water or its
employees or agents in connection with the performance of the
services.
10. LIMITED WARRANTY
Tonka Water will replace, repair or refund the purchase price of
any products or parts thereof manufactured by Tonka Water
which are found defective in material or workmanship, under
normal use and service, for a period equal to the lesser of (i)
twelve (12) months from the date of your first use of the
product, or (ii) eighteen (18) months from date of shipment
4 TO N KAWAT E R"'
from the factory. This obligation shall apply only to Tonka
Water- manufactured products that are proven to have been
defective as of the shipping date. You will provide Tonka Water
with immediate written notice of any such claim. Tonka Water's
sole obligation shall be, at Tonka Water's sole election, to repair
or replace, f.o.b., the defective product, or refund the purchase
price allocable to such product. Tonka Water may require the
return of the defective product, transportation prepaid, to verify
the alleged defect.
All applicable warranties are deemed null and void to the extent
a product (i) has been modified in any manner by you or any
person other than Tonka Water, unless such modification was
authorized in writing by Tonka Water prior to the modification
being undertaken, or (ii) has been improperly maintained or
used by you or any other person.
Tonka Water will warranty prime mover, starting equipment,
electrical apparatus, pumps, valves, media, resins, air blowers,
air compressors, auxiliary fittings and other parts or material not
manufactured by it to the same extent as the warranty made by
the manufacturer of such equipment and material.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND TONKA WATER HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES OTHER THAN THE
WARRANTIES EXPRESSLY SET FORTH HEREIN. THE EXCLUSIVE
REMEDY SET FORTH IN THIS SECTION 10 WILL NOT BE DEEMED
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE SO LONG AS
TONKA WATER IS WILLING AND ABLE TO REPAIR, REPLACE OR
REFUND THE PURCHASE PRICE OF THE WARRANTED
PRODUCTS AS PROVIDED HEREIN.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL TONKA WATER BE LIABLE TO YOU FOR
COLLATERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
SPECIAL DAMAGES OF ANY KIND. YOU MUST COMMENCE ANY
ACTION ARISING OUT OF, BASED UPON OR RELATING TO THIS
AGREEMENT, OR THE BREACH HEREOF, WITHIN TWELVE (12)
MONTHS FROM THE DATE THE CAUSE OF ACTION ACCRUED,
OR SUCH SHORTER PERIOD AS IS EXPRESSLY SET FORTH
HEREIN.
12. CANCELLATION
You can cancel an order placed with Tonka Water at any time
provided you agree to pay a cancellation charge, based on
expenses and commitments absorbed by Tonka Water. The
minimum cancellation charge is 25% of the selling price for all
standard products and 100% for all special products.
Cancellation charges on third -party components will be subject
to cancellation charges of the manufacturer.
13. RETURNED MATERIAL
Products can be returned for credit only upon written authority
from Tonka Water. No returned products will be accepted for
Page 15 of 16
credit without Tonka Water authority. Only unused and current
products manufactured by Tonka Water and purchased within
90 days of a return request will be accepted. A minimum
restocking charge of 20 %, plus transportation costs, will be
charged the purchaser for returned products. Products (or
components thereof) or systems manufactured to your
specifications cannot be returned for credit at any time.
14. EXPORT
Standard terms for export require payment or irrevocable letter
of credit, confirmed by a recognized banking institution
acceptable to Tonka Water, providing for complete payment in
United States dollars upon presentation of Tonka Water's
shipping documents and invoices. Goods will be packed, boxed,
or crated for underdeck overseas shipment in accordance with
Tonka Water's standard commercial practice, unless otherwise
specified.
You will not, at any time during the term of this agreement or
thereafter, disclose, export, re- export, or divert any product
supplied by Tonka Water, any system incorporating such
product, or any technical information, document or material, or
direct products thereof, to any country or person to whom such
disclosure, export, re- export or diversion is restricted by U.S.
law unless all necessary and appropriate authorization has been
obtained by the U.S. government.
15. FORCE MAJEURE
If the performance of this agreement by Tonka Water is
interrupted by labor shortages, strikes or labor disputes,
whether or not the demands of Tonka Water shall be
reasonable and within the power of either party to concede, or
other inability to obtain necessary labor; acts of God, including
but not limited to epidemic, flood, earthquake, wind, hurricane,
or other inclement weather; laws, proclamations, acts,
regulations, ordinances, demands or requirements of any
governmental authority; explosion; accident; sabotage;
revolution or insurrection; civil commotion; blockade; embargo;
lack of or failure of or other inability to obtain necessary
transportation, fuel, power, material, machinery, equipment or
facilities; delays caused by other contractors, subcontractors, or
their subcontractors of any tier, or any materialmen or
suppliers; or by any other cause beyond the reasonable control
of Tonka Water, whether similar or dissimilar, foreseen or
unforeseen, foreseeable or unforeseeable, existing or future,
Tonka Water shall be excused from the performance of this
agreement while and to the extent it is prevented from so
performing by any one or more of such causes. Any such delay
shall extend the time for completion of this agreement by not
less than the duration of the delay.
16. GOVERNING LAW
This agreement shall be governed by the laws of the State of
Minnesota, without regard to its conflicts of laws principles.
ANY ACTION BROUGHT IN CONNECTION WITH THIS
AGREEMENT SHALL BE BROUGHT IN THE STATE AND FEDERAL
COURTS OF THE STATE OF MINNESOTA LOCATED IN
MINNEAPOLIS OR ST. PAUL, MINNESOTA.
4 TO N KAWAT E R"'
17. CONFIDENTIAL INFORMATION
You agree that you will not use, disclose, reproduce or
otherwise make available to any person or entity any: (a)
confidential or proprietary information of Tonka Water; (b)
trade secrets of Tonka Water; or (c) any other information or
data of Tonka Water which has been designated or is known to
be confidential or proprietary to Tonka Water, except to the
extent disclosure to a project participant is necessary for the
successful completion of such participants' responsibilities in
connection with the project, which participants shall be made
aware of the confidential nature of the information and the
confidentiality obligations set forth herein. The foregoing
obligations of confidentiality shall not apply to any information
which (i) was, at the time of receipt, otherwise known to you or
any of your representatives without an obligation of
confidentiality, (ii) was, at the time of receipt, published or
otherwise known publicly, (iii) becomes known or available to
you or any of your representatives without a breach of this
agreement from a third party having a legal right to disclose
such information, (iv) becomes part of the public domain
without breach of this agreement by you, or (v) is required to be
disclosed by law or court order, provided that you will give
Tonka Water reasonable prior notice of such requirement and
an opportunity to apply for a protective order or take other
reasonable actions to protect the confidentiality of the
information at issue. Tonka Water's confidential information
includes without limitation all quotations, specifications, bids,
proposals, technical manuals and price lists. You agree that if
there is a breach of this paragraph, Tonka Water will be
irreparably harmed and entitled to seek and obtain temporary
and permanent injunctive relief and such other equitable relief
against the continuance of such breach without the
requirement of posting a bond or undertaking or proving injury
or other condition for relief, in addition to any other remedies
that may be available to Tonka Water at law or in equity.
18. MISCELLANEOUS
You shall not assign this agreement or your rights hereunder or
delegate any of your obligations hereunder to any other person
without Tonka Water's prior written consent. This agreement
shall be binding on each party and its successors and assigns,
and assignment will not relieve a party of its obligations
hereunder. For purposes of this agreement, any change of
control of you (including without limitation the acquisition by a
third party of a controlling interest of your securities, or a
merger, consolidation, exchange or similar transaction) shall be
deemed an assignment. Any notice required to be given shall
be in writing and shall be deemed duly given (i) two (2) days
after the date of mailing if sent by registered or certified mail,
return receipt requested, (ii) one (1) day after the date of
mailing if sent by national overnight courier, or (iii) the date of
sending by facsimile transmission or email (receipt confirmed),
to the address, facsimile number or email address set forth in
the Letter of Acknowledgement, or such other address, facsimile
number or email address as the receiving party has previously
specified in writing. The Letter of Acknowledgement may be
executed in counterparts with the same effect as if the parties
Page 16 of 16
had executed one copy, and delivery may be evidenced by
facsimile. References in the Letter of Acknowledgement or
these terms and conditions to "document" or "writing" or
similar terms shall include any document or writing in electronic
format or delivered electronically. Neither this agreement nor
any other document, exhibit, term or provision included herein
by express reference in the Letter of Acknowledgement may be
modified except by a writing specifically referencing this
agreement and the amended terms and signed by both parties
hereto. If any provision herein shall be deemed or declared
unenforceable, invalid or void by a court of competent
jurisdiction, the same shall not impair any of the other
provisions contained herein which shall be enforced in
accordance with their respective terms. No failure or delay by
Tonka Water to exercise any right, power or privilege provided
hereunder or by applicable law shall operate as a waiver
thereof, nor shall any single or partial exercise of any such right,
power, or privilege preclude any other or future exercise
thereof or the exercise of any right, power or privilege. The
remedies provided herein shall be cumulative and shall not be
exclusive of any rights or remedies provided by law.
By submitting an order to Tonka Water, you represent and
warrant (i) that you have read, understand and agree with the
terms and conditions contained herein, which will become a
part of any binding agreement between you and Tonka Water,
(ii) that, if you are a legal entity, you are duly organized, validly
existing and in good standing under the laws of jurisdiction in
which you are organized, and (iii) that the order has been duly
authorized, executed and delivered by you, and, if accepted by
Tonka Water, will constitute a binding obligation enforceable
against you according to its terms, subject only to bankruptcy,
insolvency and other law affecting the rights of creditors
generally and subject to general principles of equity.
2/03