INVITATION TO BID NO.

16-58
Bid Name: Airport Fuel Hydrant Pit & Hydrant Assemblies

BID OPENING DATE: November 1, 2016

PORT OF SEATTLE
Central Procurement Office
Pier 69
2711 Alaskan Way
Seattle, Washington 98121

Prepared By: Shawn Shinkle

206-787-4148

Bid Issue Date: October 10, 2016

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Table of Contents
INSTRUCTIONS TO BIDDERS................................................................................ 5

ITB-1. INTRODUCTION................................................................................... 5

ITB-2. ESTIMATED PROCUREMENT SCHEDULE ........................................................ 5

ITB-3. SOLICITATION DOCUMENT ...................................................................... 5

ITB-4. QUALIFICATION OF BIDDERS.................................................................... 7

ITB-5. BIDDER'S REPRESENTATION ..................................................................... 7

ITB-6. EXECUTION OF BID .............................................................................. 7

ITB-7. SUBMISSION OF BIDS ............................................................................. 8

ITB-8. WITHDRAWAL OR MODIFICATION OF BIDS .................................................... 9

ITB-9. BID OPENING/EVALUATION ..................................................................... 9

ITB-10. ACCEPTANCE OF BIDS (AWARD)............................................................... 10

ITB-11. PROTESTS ........................................................................................ 11

ITB-12. FORM OF AGREEMENT .......................................................................... 11

GENERAL CONDITIONS .................................................................................... 13

GC-1 DEFINITIONS ..................................................................................... 13

GC-2 TITLES OR HEADINGS ........................................................................... 16

GC-3 ABBREVIATIONS ................................................................................. 16

GC-4 REFERENCED STANDARDS & SPECIFICATIONS ............................................... 16

GC-5 INTENT OF THE AGREEMENT DOCUMENTS................................................... 16

GC-6 CORRELATION OF THE AGREEMENT DOCUMENTS .......................................... 17

GC-7 EXAMINATION OF THE AGREEMENT DOCUMENTS ........................................... 17

GC-8 CHANGES......................................................................................... 18

GC-9 GUARANTEED MOST FAVORABLE TERMS ..................................................... 18

GC-10 WORKMANSHIP .................................................................................. 18

GC-11 INSPECTION OF GOODS ........................................................................ 18

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GC-12 CORRECTION OF GOODS ....................................................................... 19

GC-13 ACCEPTANCE OF THE GOODS ................................................................. 20

GC-14 RESPONSIBILITY FOR GOODS .................................................................. 20

GC-15 GOOD WORKMANSHIP AND NEW MATERIALS ................................................ 20

GC-16 TITLE ............................................................................................. 21

GC-17 ONE YEAR WARRANTY .......................................................................... 21

GC-18 SPECIAL WARRANTIES .......................................................................... 21

GC-19 ENFORCEMENT .................................................................................. 21

GC-20 INDEMNIFICATION AND HOLD HARMLESS .................................................... 21

GC-21 COMPLY WITH ALL LAWS ...................................................................... 22

GC-22 NON-DISCRIMINATION AND EQUAL EMPLOYMENT........................................... 22

GC-23 VENDOR LIABILITY INSURANCE ................................................................ 23

GC-24 AGREEMENT TIME ............................................................................... 24

GC-25 EXTENSIONS OF AGREEMENT TIME; COMPENSATION ....................................... 24

GC-26 VENDOR’S CLAIMS: ............................................................................. 25

GC-27 AGREEMENT COMPLETION ..................................................................... 25

GC-28 TIME AND MANNER OF PAYMENT ............................................................. 25

GC-29 PORT’S RIGHT TO WITHHOLD PAYMENT ..................................................... 26

GC-30 FINAL PAYMENT ................................................................................. 27

GC-31 PAYMENTS DO NOT RELIEVE VENDOR FROM RESPONSIBILITY FOR GOODS .............. 27

GC-32 TAXES ............................................................................................ 27

GC-33 HAZARDOUS MATERIALS ....................................................................... 27

GC-34 TERMINATION ................................................................................... 28

GC-35 REMEDIES ........................................................................................ 28

GC-36 WAIVER........................................................................................... 29

GC-37 PARTIAL INVALIDITY ............................................................................ 29

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GC-38 PUBLIC DISCLOSURE ............................................................................ 29

GC-39 GOVERNING LAW/VENUE ...................................................................... 29

GC-40 ANTITRUST ASSIGNMENT CLAUSE ............................................................. 29

GC-41 SUBCONTRACTING/ASSIGNMENT ............................................................. 29

GC-42 PORT’S AGENT .................................................................................. 29

GC-43 AUDITS AND RETENTION OF RECORDS ....................................................... 29

GC-44 SERVICE OF NOTICES BY OR ON THE VENDOR .............................................. 30

SPECIFICATIONS/SPECIFIC REQUIREMENTS ............................................................. 32

SR-1 SCOPE OF SUPPLY .............................................................................. 32

SR-2 PRODUCTS (GOODS) ............................................................................ 32

SR-3 PRODUCT (GOODS) IDENTIFICATION ......................................................... 50

SR-4 DELIVERY ........................................................................................ 50

SR-5 SHIPPING INSTRUCTIONS ...................................................................... 50

SR-6 NOTIFICATION OF SHIPMENT .................................................................. 51

SR-7 INSURANCE ...................................................................................... 51

ATTACHMENT A - BID FORM .............................................................................. 53

ATTACHMENT B – SMALL BUSINESS LETTER ............................................................ 55

ATTACHMENT C - AGREEMENT ........................................................................... 56

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INSTRUCTIONS TO BIDDERS

ITB-1. INTRODUCTION

This document is an Invitation to Bid (ITB) for Airport Fuel Hydrant Pit & Hydrant Assemblies.
The full scope of the supply of the Goods is specified in the Specifications/Specific
Requirements.

ITB-2. ESTIMATED PROCUREMENT SCHEDULE

These are estimated dates which are subject to change and for planning purposes only.

Task Estimated Date

Bid Issue Date October 10, 2016

Final Questions Due to PRMS site October 24, 2016 (5:00PM PST)

Last Day To Bid October 31, 2016 (5:00PM PST)

Receipt and Opening of Bids November 1, 2016

Port Bid Evaluation Period November 1-8, 2016

Notice of Intent to Award November 10, 2016

Agreement Execution November 18, 2016

Delivery March 1,2017

ITB-3. SOLICITATION DOCUMENT

ITB-3.1. AVAILABILITY

ITB-3.1.1. The solicitation documents are available on the Port’s

Procurement and Roster Management System:
https://hosting.portseattle.org/prms/. Procurement Number:
16-58.

ITB-3.1.2. Only complete sets of solicitation documents shall be used in

preparing Bids. The Port of Seattle assumes no responsibility
for errors or misinterpretations resulting from the use of
incomplete sets of solicitation document.

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 ITB-3.1.3. Solicitation document issued as stated above are for bidding
purposes only. The Port does not confer a license or grant for
any other use.

ITB-3.2. ADDENDA

ITB-3.2.1. Addenda will be issued on the Port’s Procurement and Roster

Management System to all Planholders who have registered the
date and time for the opening of Bids.

ITB-3.2.2. Each Bidder shall acknowledge on the Bid Form that it has
obtained all Addenda issued.

ITB-3.2.3. All Addenda issued shall become part of the Agreement

Documents. If Addenda are issued amending the solicitation
document, all provisions that are not modified remain
unchanged.

ITB-3.3. INTERPRETATION, CLARIFICATION AND REQUESTS FOR INFORMATION

ITB-3.3.1. Bidders shall promptly notify the Port of ambiguities,

inconsistencies, or errors, if any, which they may discover upon
examination of the solicitation document.

ITB-3.3.2. Interpretations, Clarifications and Requests for Information

ITB-3.3.2.1. Every request for interpretation, clarification or

questions about these solicitation documents 16-58, 16-58 shall
be submitted using the Port’s Procurement and Roster
Management System. https://hosting.portseattle.org/prms/.
Process or system questions may be directed to the Buyer,
Shawn Shinkle at 206-787-4148 or via email at
shinkle.s@portseattle.org. To be given consideration, requests
must be received by October 24, 2016 at 5:00 PM, Pacific Time
(PT). The Bidder making this request is solely responsible for
the timely receipt.

ITB-3.3.2.2. The Port’s responses, if there are any, will be

issued only in the form of written Addenda which will be
provided to all registered Planholders.

ITB-3.3.3. All oral communications will be considered unofficial and non-

binding on the Port. Bidders shall rely only on written
communications issued by the Port.

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ITB-4. QUALIFICATION OF BIDDERS

ITB-4.1. GENERAL

ITB-4.1.1. The Bidder must be familiar with all Federal, State and local
laws, ordinances and regulations which in any manner might
affect those engaged or employed in this Agreement.

ITB-5. BIDDER'S REPRESENTATION

Each Bidder represents that:

ITB-5.1. The Bidder has read and understands the solicitation document and that the
Bid is made in accordance with all applicable documents. The failure or
omission of the Bidder to examine all pertinent forms, instruments,
applicable statutes, or other documents shall in no way relieve the Bidder
from the contractual obligations required by the solicitation document.

ITB-5.2. The Bidder has the qualifications and is eligible to receive an award of the
Agreement under applicable laws and regulations and the capacity to
perform the Agreement within the time specified.

ITB-5.3. The Bid is based upon the Goods described or presented within the
solicitation document and described in detail in the Specifications/Specific
Requirements.

ITB-5.4. The Bid submitted is unconditional in all respects.

ITB-5.5. The Port’s terms and conditions included with this ITB are automatically
included in the Agreement. No other terms and conditions will be accepted.
Bids that are conditioned in any way or Bids that take exception in any way
to Ports terms and conditions may result in the Bids being non-responsive.

ITB-6. EXECUTION OF BID

ITB-6.1. FORM OF BID

ITB-6.1.1. Bids shall be submitted on the forms provided by the Port.

ITB-6.1.2. All blanks on the Bid Form shall be filled in and are clearly
legible.

ITB-6.1.3. Where so indicated by the makeup of the Bid Form, sums shall
be expressed in figures only.

ITB-6.1.4. A price shall be submitted for each unit price, an extension

thereof, and the total amount bid. Such prices shall be stated
in figures only.

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 ITB-6.1.5. The Bidder shall make no additional conditions or stipulations
on the Bid or qualify its Bid in any manner.

ITB-6.1.6. The Bid Form shall include the legal name of the Bidder. The
Bid Form shall be signed only by the person or persons legally
authorized to bind the Bidder to an Agreement.

ITB-6.2. STATE AND LOCAL TAXES: Bidders shall not add State and local retail sales
taxes to any Bid Price except as may be provided for in the Bid Form
Schedule of Bid Prices.

ITB-7. SUBMISSION OF BIDS

ITB-7.1. Bid must be submitted on the Bid Form included with the ITB.

ITB-7.2. The Port is requiring electronic Bids for this procurement. Hard copy
submittals will not be accepted.

ITB-7.3. Bids must be delivered through e-mail to:

e-submittals-purch@portseattle.org. It is the responsibility of the Bidder to
ensure timely delivery of Bids.

ITB-7.4. The e-mail subject shall include the ITB number, title, and due date and
time.

ITB-7.5. The Port’s e-mail server will not accept files larger than 10 MB. If a file is
larger than 10 MB, a Bid must be sent in multiple emails. Each email must
clearly label: email 1 of 3, email 2 of 3, email 3 of 3.

ITB-7.6. The Port may use the time stamp on the e-mail to determine timeliness. If a
Bid is sent in multiple emails, all emails must be received by the due date
and time in order to be determined timely.

ITB-7.7. Bidders are responsible for ensuring timely delivery of Bid.

ITB-7.8. The Port is not responsible for the Bidder’s technical difficulties in
submitting Bids electronically.

ITB-7.9. Late submissions of Bids may not be evaluated.

ITB-7.10. Bidders failing to comply with the requirements of this paragraph may be
determined to be non-responsible and not evaluated further.

ITB-7.11. PUBLIC DISCLOSURE: All Submittals, including any and all attachments,
shall become property of the Port and considered public documents under
applicable Washington State laws. All documentation provided to the Port
may be subject to disclosure in accordance with Washington State public
disclosure laws. The Port will determine whether requested documents

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 should be disclosed. In no event shall the Port be liable for any disclosure of
documents and information it deems necessary to disclose under the law.

ITB-8. WITHDRAWAL OR MODIFICATION OF BIDS

ITB-8.1. PRIOR TO BID OPENING: Prior to the time and date designated for the
opening of Bids, a Bidder may withdraw or modify a Bid submitted earlier.
Withdrawal, or modification, of the Bid shall be by submitted to email to:

e-submittals-purch@portseattle.org received prior to the Bid Opening Date

and time.

ITB-8.2. AFTER BID OPENING: A Bid may not be modified, withdrawn or canceled by
the Bidder after the time and date set for the opening and for the period of
time stipulated in the Bid Form. By submitting a Bid the Bidder agrees to the
above conditions.

ITB-9. BID OPENING/EVALUATION

ITB-9.1. Bids will be evaluated to determine the lowest priced responsible Bidder.

ITB-9.2. Information about becoming a Certified SBE Firm, as well as a Directory of

Certified Firms is available at:

http://info.kingcounty.gov/EXEC/contractreporting/Public/SBE/default.aspx.
The Port promotes equitable opportunities for Small Business Enterprise
(SBE) firms to participate in competitive bidding opportunities for supplying
purchased goods. The purpose of this program is to encourage competition
for Port Agreements and expand the pool of SBE participating in Port
purchasing activities. Firms must be certified at the time of Bid Opening
Date. SBE number shall be referenced on the Bid Form.

ITB-9.3. The Port will apply a five percent (5%) pricing incentive in calculating low-
bid and authorize an Agreement award to the lowest priced responsible SBE
firm that is within five percent (5%) of the lowest price submitted by a non-
SBE Bidder.
ITB-9.3.1. Example 1: Bidder A’s total Bid Price is $200,000 (the
apparent low Bidder). Bidder A is not a certified SBE Bidder.
Bidder B is a certified SBE Bidder and has a Bid of $210,000.
Applying a 5% pricing incentive ($200,000 x 1.05 = $210,000)
confirms that the SBE Bidder is within 5% of the low Bid and is
eligible for consideration of award.

ITB-9.3.2. Example 2: Bidder A’s total Bid Price is $200,000 (the

apparent low Bidder). Bidder A is not a certified SBE Bidder.
Bidder B is a certified SBE Bidder and has a Bid of $210,200.
Applying a 5% pricing incentive ($200,000 x 1.05 = $210,000)

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 confirms the SBE Bidder exceeds 5% of the low Bid and is NOT
eligible for awards since the SBE Bidder’s Bid exceeds the
apparent low Bidder by 5.1%

ITB-9.3.3. The Port will round to the nearest tenth of a percent.

ITB-9.3.4. Bids will be checked for mathematical accuracy with respect to

the extensions of Unit Bid Prices and the total Bid Price. If
there is a discrepancy between a Unit Bid Price and the
extended amount of any Bid item, the Unit Bid Price shall
control. The total of extensions, corrected where necessary,
will be used as the amount of the Bid for award purposes.

ITB-9.3.5. In the event that a single responsible Bid is received, the

Bidder shall provide any additional data required by the Port to
analyze the Bid. The Port reserves the right to reject such Bids
for any reason.

ITB-9.3.6. The Port reserves the right to investigate Bidders as deemed

necessary to determine their ability to provide the Goods
required for the fulfillment of this Agreement. Bidder shall
furnish to the Port all such information and data as required for
this purpose. The Port also reserves the right to reject any Bid
if evidence submitted by the Bidder, or if Port investigation of
Bidder, fails to satisfy the Port that Bidder is properly qualified
to meet the obligations of this Agreement. All material
submitted by Bidder may be considered to determine Bidder’s
ability to comply with the requirements of this Agreement.

ITB-10. ACCEPTANCE OF BIDS (AWARD)

ITB-10.1. RIGHTS OF THE PORT

ITB-10.1.1. The Port reserves without limitation and may exercise at its
sole discretion, the following rights and conditions with regard
to this procurement process:

ITB-10.1.1.1. The Port shall have the right to waive any

informality or irregularity in any Bid received.

ITB-10.1.1.2. The Port retains the right to cancel the

procurement and reject any or all Bids with no liability to the
Port.

ITB-10.1.1.3. To revise the Agreement Documents via

Addenda.

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 ITB-10.1.1.4. To reject any Bidder that submits an incomplete
or inadequate response, or is not responsive to the
requirements of this procurement.

ITB-10.1.1.5. To conduct clarification or discussions, at any

time, with one (1) or more of the Bidders.

ITB-10.1.1.6. To take any action affecting the procurement

process that is determined to be in the Port’s best interests.

ITB-10.2. NOTICE OF INTENT TO AWARD: The successful Bidder(s) will receive a

“Notice of Intent to Award”.

ITB-10.3. FAILURE TO EXECUTE AGREEMENT: If the Bidder(s) awarded the Agreement

fails to execute the Agreement within seven (7) days from receipt of the
Notice of Intent to Award, or declares in writing its intent to not execute
the Agreement, the Port may provide Notice of Intent to Award to the next
lowest responsible Bidder and continue in like manner until the Agreement
is executed by a responsible Bidder to whom award is made, or further Bids
are rejected or the number of Bids is exhausted.

ITB-10.4. CANCELLATION OF AWARD: The Port reserves the right to cancel its Notice
of Intent to Award of any Agreement at any time before the execution of
said Agreement by all parties without liability to the Port.

ITB-11. PROTESTS

ITB-11.1. PURPOSE: To provide a prompt, fair and equitable administrative remedy to

all Bidders and Prospective Bidders regarding alleged substantive errors or
omissions in the Bid Documents or regarding the decision by the Port to
award the Agreement or notice from the Port that a Bid is non-responsive or
that a Bidder is not responsible. Here is a link to the Port’s Protest
Procedures. The Protest Procedures shall be considered a part of the
Agreement Documents to the same extent as if reproduced there in full.

ITB-11.2. ACKNOWLEDGEMENT: By submitting a Bid in response to this solicitation,

the Bidder acknowledges that it has reviewed and acquainted itself with
the Bid protest procedures herein and agrees to be bound by such
procedures as a condition of submitting a Bid.

ITB-12. FORM OF AGREEMENT: Unless otherwise provided in the Specifications/Specific

Requirements, the Agreement for Goods will be executed on the Port’s standard Agreement,
which is included in Attachments - Agreement, for procurement of the Goods between the
Port and the Vendor.

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End of Instructions to Bidders

Page 12 of 57
GENERAL CONDITIONS

GC-1 DEFINITIONS

The following definitions apply throughout these Agreement Documents when the term or
phrase is capitalized, unless the context clearly requires otherwise. Defined terms shall be
applicable to both the singular and plural forms thereof:

Addendum: A written document issued by the Port prior to the Bid Opening Date that
clarifies, corrects, or changes the Agreement Documents.

Agreement: The written Agreement executed by the Port and the Vendor that binds the
Vendor to provide the Goods in accordance with the Agreement Documents and governs the
relationship between the Port and the Vendor concerning the Goods and all legal obligations
created by execution of said Agreement. The Agreement Documents form the Agreement.

Agreement Documents: The Agreement Documents consist of the executed Agreement, the
Specifications/Specific Requirements, any Amendment/Change Orders, and any other form or
document listed in the Agreement as being part of the Agreement Documents. The Agreement
Documents do not include the Bidding Requirements or any version of the
Specifications/Specific Requirements that may be deleted, replaced or superseded by
Addendum prior to the Bid Opening Date. The table of contents, titles, headings, running
headlines and marginal notes contained herein and in the documents are solely to facilitate
reference to various provisions of the Agreement Documents and in no way affect, limit, or
cast light on the interpretation of the provisions to which they refer.

Agreement Effective Date: The date the Port officially binds itself to the Agreement and
thereby triggers the commencement of the Agreement Time.

Agreement Sum: The Agreement Sum stated in the Agreement Form, including authorized
adjustments thereto, to be paid by the Port to the Vendor for the performance of the
Agreement.

Agreement Time: The time allotted in the Agreement for the supply of the Goods. The
Agreement Time begins on the Agreement Effective Date and ends on the date of Completion
of the Agreement by the Vendor.

Amendment/Change Order: A written document signed and issued by the Port on or after the
Agreement Execution Date that authorizes and directs an addition, deletion, or revision in the
Goods or adjustment in the Agreement Time or Agreement Sum.

Bid: The offer of a Bidder, on the prescribed Bid Form to perform the Agreement under the
conditions specified, submitted and setting forth the price or prices for the Goods to be
provided.

Bidder: Any person, corporation, or other entity that submits a Bid to the Port for
consideration and evaluation (pursuant to the appropriate Advertisement for Bids and
Agreement Documents)

Bid Documentation: Any Goods, papers, spreadsheets, supplier or material quotes and any
other papers, documents, or electronic information created or used by the Vendor when

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preparing its Bid. Bid Documentation includes the data files associated with any software
program utilized by Vendor when preparing its Bid but does not include the software program
itself.

Bid Opening Date: The date on which the Port opens the Bids.

Bidding Requirements: The Advertisement for Bids, the Instructions to Bidders, any
supplementary instructions to Bidders, and any sample forms that pertain to the Bidding
Requirements (all as the same may be revised by Addendum).

Certified Small Contractor and Supplier (SBE) Firm: A business that has been certified by King
County.
Completion: Completion of the Agreement, which is the last date of performance under the
Agreement to comply with the Agreement Documents to the reasonable satisfaction and
acceptance by the Port.

Day: The term day shall mean a calendar day unless otherwise specifically designated.

Dollars: Currency of the United States.

Effective Date: The date upon which the Addendum, Agreement/Change Order, or other
official document takes effect.

Electronic Transmission: Telefacscimile, electronic mail, or other means of electronic

transmission available to the Port to transmit documents or communications.

Goods: Means all things, including specially manufactured Goods that are tangible or movable
at the time of identification. The term does not include money in which the price is to be
paid, the subject matter of foreign exchange transactions, documents, letter-of-credit rights,
instruments, investment property, accounts, chattel paper, deposit accounts, or general
intangibles. The Goods is detailed in the Specifications/Specific Requirements. Goods shall
also mean and specifically includes the furnishing of all management, superintendence, labor,
materials, equipment, and all component parts thereof, transportation and other facilities or
services, and incidentals necessary to the successful completion of the Goods, whether they
are temporary or permanent, and whether they are incorporated into the finished Goods or
not. Goods also include all other obligations imposed on the Vendor by the Agreement.

Non-Conforming Goods: A Non-Conforming Good shall mean any portion of the Goods
(including but not limited to material, equipment or workmanship proposed or incorporated
into the Goods) that does not conform (including as a result of latent defect) to the
requirements of the Agreement. Non-Conforming Goods specifically includes any Substitution
that is not expressly accepted by the Port. Non-Conforming Goods also includes Goods that
generally conforms to the requirements of the Agreement but fails within the term of any
applicable warranty period.

Notice of Intent to Award: The official notice from the Port that it intends to execute the
Agreement with the selected responsible, responsive Bidder. A sample form can be found in
Attachments – Notice of Intent to Award.

Operating and Maintenance Documentation: Documentation required by the Specifications

that pertains to and specifically describes the requirements for operation and maintenance of

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various portions of the completed Goods. The Operating and Maintenance Documentation may
apply to such things as equipment, materials and finishes and may cover such topics as
operating instructions, maintenance requirements, and cleaning.

Or: When the word “or” is utilized anywhere in the Agreement Form, Bidding Requirements,
General Conditions, Specifications/Specific Requirements, the Port specifically intends the
logical or inclusive disjunction (i.e. and/or) unless the language or context clearly indicates
otherwise. When the word is used in other portions of the Specifications/Specific
Requirements, the meaning must be ascertained from the context.

Or Equal: Vendor proposed substitution of specific materials or processes that are deemed by
the Port, in its sole discretion, to be equal or better function, quality and performance to
that specified in the Agreement Documents. An item is not Or Equal if it is materially
different, with respect to other constraints or requirements in the Agreement Documents, in
size, weight or other aspect from the item specified in the Agreement Documents. Similarly,
an item is not Or Equal if it is expected to have significantly higher total cost of ownership
over the life of the completed Goods.

Port: The Port of Seattle. Unless the context clearly requires otherwise, the term Port
includes all of the Port’s authorized representatives.

Product Data: The illustrations, standard schedules, performance charts, brochures, diagrams
and other information furnished by the Vendor to illustrate a material, product, or system for
some portion of the Goods.

Samples: Physical examples of the Goods or workmanship establishing standards by which the
Goods will be evaluated for acceptance.

Satisfactory: Satisfactory to the Port.

Schedule of Bid Prices: That portion of Vendor’s Bid that sets forth the price for which Vendor
will perform specific portions of the Goods and, in total, the entire Goods.

Software: Any computer program, computer database or documentation related thereto for
which any party claims protection under patent, copyright, trade secret or other proprietary
or intellectual property right.

Specifications/Specific Requirements: The Specifications/Specific Requirements are that

portion of the Agreement Documents that consist of the written requirements for Agreement
administration, materials, equipment, systems, standards, and worksmanship for the Goods.

Submittal: Written or graphic document (including electronic) or sample that is required by

the Agreement Documents and is prepared for the Goods by the Vendor, or supplier and
submitted to the Port by the Vendor, including Product Data, Samples, certificates, schedules
of material or other data. Submittals are not Agreement Documents.

Unit Price Goods: Goods to be paid for on the basis of unit prices stated in the Schedule of Bid
Prices or an Agreement/Change Order.

Vendor: The Vendor is the individual, partnership, firm, corporation, joint venture, or other
business entity with which the Port of Seattle has entered into the Agreement. Unless the

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context clearly requires otherwise, the term Vendor includes all of the Vendor’s authorized
representatives. The term Vendor does not include any supplier of any tier.

Warranty Documentation: Documentation required by the Specifications/Specific

Requirements that pertains to and specifically describes the warranties for the completed
Goods. The Warranty Documentation shall not include the Vendor’s general one-year warranty
but otherwise extends to all special warranties required anywhere in the Agreement
Documents. The Warranty Documentation may cover such topics as the length of the
warranty, the manner of making a claim, and any accepted conditions on such warranty.

Warranty Start Date: The date that a particular warranty to be provided by Vendor
commences to run. Different warranties may have different Warranty Start Dates. The
Warranty Start Date for any particular warranty will occur on the later of: (1) delivery; (2)
acceptance testing of the Goods to which the warranty applies, or (3) Completion.

GC-2 TITLES OR HEADINGS: The titles or headings of the sections, divisions, parts, articles,
paragraphs, or subparagraphs, of the Agreement Documents are intended only for
convenience of reference and shall not be considered as having any bearing on the
interpretation of the text.

GC-3 ABBREVIATIONS: Abbreviations may be utilized throughout the Agreement

Documents. Any such abbreviation, unless well-known technical, trade meaning commonly
understood in the Vendor’s industry, will be defined in the particular portion of the
Agreement Documents where it is used.

GC-4 REFERENCED STANDARDS & SPECIFICATIONS: Reference in the Specifications/Specific

Requirements to codes, standards and specifications promulgated by local, state and/or
federal authorities, professional or technical associations, institutes or societies, are intended
to mean the latest edition of each such code, standard or specification adopted and published
as of the Agreement Effective Date, except where otherwise specifically indicated. Each such
code, standard or specification referred to shall be considered a part of the Specifications to
the same extent as if reproduced therein in full.

GC-5 INTENT OF THE AGREEMENT DOCUMENTS

A. It is the intent of the Agreement Documents to specify and set forth a complete
operational unit, units, or system ready for use regardless of whether or not every
detail has been set forth in the Agreement Documents. Any omission of details
from the Agreement Documents shall not be construed to mean that they are to be
omitted by the Vendor or to affect in any way the completeness of the Goods to be
furnished. The cost of such details shall be included in the Agreement Sum.

B. The Agreement shall be construed in accordance with the laws of the State of
Washington. Venue for any action between the Port and the Vendor arising out of
or in connection with this Agreement shall be in King County, Washington.

C. The Agreement represents the entire and integrated agreement between the Port
and the Vendor. It supersedes all prior discussions, negotiations, representations or
agreements pertaining to the Goods, whether written or oral.

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GC-6 CORRELATION OF THE AGREEMENT DOCUMENTS

A. Each Agreement Document is an essential part of the Agreement between the Port
and the Vendor, and a requirement present in one Agreement Document is binding
as though it was present in all. The Agreement Documents are intended to be
complementary and prescribe and provide for all Goods required by the
Agreement. Goods that have not been specifically included in the Agreement
Documents but which are required to produce the intended result shall be provided
by the Vendor as though they had been specifically included.

B. Goods required by the Agreement Documents but for which a specific line item is
not provided in the Schedule of Bid Prices shall nevertheless be considered as a
part of the Goods and all costs of the same are included in the Agreement Sum.

C. The Agreement Documents are listed below in order of precedence. Agreement

Documents amended or revised by Addendum retain the same order of
precedence. To the extent that there are different provisions in Agreement
Documents that address the same matter or subject, these provisions shall be
reconciled and harmonized to the maximum extent possible. In the event these
different provisions cannot be reconciled, the provisions set forth in the
Agreement Document having the highest precedence will control. If provisions
within the same level of Agreement Document cannot be reconciled, and one is
more stringent than another, the more stringent provision will prevail.

 Amendment/Change Orders,

 Agreement,

 Specifications/Specific Requirements,

 General Conditions,

 Bid Form,

 Other documents included in the Agreement by the terms of the Agreement.

In the event of a conflict between the Agreement Documents and applicable
laws, codes, ordinances, regulations or orders of governmental authorities
having jurisdiction over the Goods or any portion thereof, or in the event of
any conflict between such applicable laws, codes, ordinances, regulations, or
orders, the most stringent requirements of any of the above shall govern.

GC-7 EXAMINATION OF THE AGREEMENT DOCUMENTS:

A. By executing the Agreement, the Vendor represents that it has carefully examined
and investigated the Agreement Documents as necessary to provide the Goods. The
Vendor likewise represents that it has reasonably reviewed any other information
necessary for an understanding of, and to successful Agreement Completion. The
submission of its Bid shall be conclusive evidence that the Vendor represents and
acknowledges that it has made such examinations and investigations and is
satisfied as to the Agreement requirements, including but not limited to the
character, quantity, quality of the Goods to be supplied, the requirements of all

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 documents contained or referenced in the Agreement Documents and how all such
requirements correlate to the Goods.

B. In the event that the Vendor discovers any error, inconsistency, omission, or
variance in the Agreement Documents, whether arising from applicable laws,
statutes, codes, ordinances, regulations, or otherwise, the Vendor shall provide
timely notice thereof to the Buyer. The Vendor shall likewise make all reasonable
efforts to mitigate any impact resulting from such error, inconsistency, omission or
variance. If the Vendor proceeds with providing the Goods and fails to provide
timely notice of the error, inconsistency, omission, or variance, the Vendor shall
assume full responsibility therefore and shall bear all costs, liabilities and damages
attributable to such error, inconsistency, omission, or variance.

GC-8 CHANGES:

A . No alteration by Vendor of the terms, conditions, delivery, price, quality,

quantities, or Specifications/Specific Requirements of the Goods for this
Agreement will be effective without the prior written consent of the Port.
Unauthorized substitutions will be made entirely at Vendor’s risk and at the Port’s
option, may be returned without prior authorization at Vendor’s expense.

B. The Port may, at any time, by written notice to Vendor, make changes in any of
the following: Specifications/Specific Requirements, Samples, or other
descriptions to which the Goods must conform; methods of shipment or packing; or
time or place of delivery. Within fifteen (15) days after the Port gives such notice,
Vendor shall notify the Port in writing of any increase or decrease in the cost of, or
the time required for performance of, any part of this Agreement caused by any
such change. An equitable adjustment, if any, in the price or delivery schedule, or
both, shall be agreed upon in a written Agreement/Change Order to this
Agreement signed by the Port. Nothing in this paragraph, including any
disagreement with the Port as to the equitable adjustment, shall excuse Vendor
from proceeding without delay to perform this Agreement as changed.

GC-9 GUARANTEED MOST FAVORABLE TERMS: Vendor certifies and agrees that all of the
prices, terms, warranties and benefits granted by Vendor herein are comparable to or better
than those offered by Vendor to other customers contracting under the same material terms
and conditions. As used herein, material terms and conditions include those terms related to
the execution of this Agreement and any related pricing. Should Vendor announce a general
price reduction or make available to other customers more favorable terms or conditions with
respect to any of the Goods contained in the Agreement, such prices, terms and conditions
will be made available to the Port upon the date the general price reduction or more
favorable terms and conditions become effective.

GC-10 WORKMANSHIP: All Goods shall be such that its several component parts function as
a workable system, with all accessories necessary for its proper operation, and the Goods
shall be completed with all components tested, properly adjusted, and in working order. The
Goods shall be performed in conformity with the best accepted standard practice of the trade
so as to contribute to maximum efficiency of operation, accessibility and appearance and
minimum cost of operation and maintenance.

GC-11 INSPECTION OF GOODS:

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 A. It is the Vendor's responsibility to provide Goods that conform to the Agreement
Documents. Unless specifically provided otherwise in the Agreement, the Vendor
shall be responsible for demonstrating and documenting that the Goods comply
with the Agreement. All materials testing or special inspections (whether required
by applicable code, Agreement requirement, or otherwise) shall be performed in
strict accordance with the Agreement Documents, and the Vendor shall undertake,
cooperate with, and bear all costs of said tests as provided in the Agreement
Documents.

B. If conformance of Goods to the requirements in the Agreement is not determinable

through inspection and tests, the Vendor shall provide properly authenticated
documents, certificates, or other satisfactory proof of conformance at its sole
cost. Such documents, certifications, and evidence shall include performance
characteristics, materials of construction, and the physical and chemical
characteristics of materials.

C. All Goods furnished shall be subject to inspection by the Port. The Vendor shall
provide the Port and its authorized employees, agents access to the Goods at all
times to enable the Port to ascertain that the Goods furnished are in conformance
with the Agreement.

D. Upon request of the Port, the Vendor shall furnish without charge such Samples of
Goods to be used to ensure conformance with the Agreement Documents. Goods
furnished without such inspection may be ordered removed and replaced at the
Vendor's expense.

E. Inspections, tests, measurements, or other acts or functions performed for or by

the Port are recognized as being solely to assist the Port in determining that the
Goods and quantities comply with the Agreement requirements. Such activities
shall in no manner whatsoever be construed to relieve the Vendor from the
responsibility for performing its own inspections and tests as necessary to ensure
compliance with the Agreement. In addition, any inspection, test or measurement
by or for the Port does not constitute or imply acceptance of the Goods by the Port
or waive any rights of the Port to require the Goods be provided in strict
accordance with the Agreement and does not impair the Port’s authority to reject
Non-Conforming Goods or evoke any remedy to which it may be entitled.

F. The Goods may be subject to inspection by other entities. The Vendor shall
cooperate and make the Goods available for all such persons or agencies with
regard to their inspections, including providing access for inspection. Such
inspection shall in no way make such agencies or persons parties to this Agreement
and shall not constitute an interference with the Goods or the rights of either the
Port or the Vendor. In its scheduling and planning the Vendor shall allow sufficient
time for such inspections.

GC-12 CORRECTION OF GOODS:

A. The Vendor shall, at no additional expense to the Port, correct all Non-Conforming
Goods. Upon notice from the Port of Non-Conforming Goods, the Vendor shall
within a designated time period identified by the Port correct or replace the Non-
Conforming Goods or provide a written plan satisfactory to the Port indicating

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 corrective action to be taken. Such Goods shall be corrected even though it was
previously inspected by the Port, payment was made, whether or not it was
observed before or after the date of Agreement Completion. If the Vendor fails to
correct Non-Conforming Goods within the time designated by the Port, the Port
may correct it as provided for in the Agreement documents.

B. Notwithstanding the foregoing, if the Port determines that the Goods are Non-
Conforming Goods, the Port may, in its sole discretion, waive the right to require
correction and elect to accept such Goods. In such case, the Port shall reduce the
Agreement Sum in a reasonable amount to account for such Non-Conforming
Goods.

GC-13 ACCEPTANCE OF THE GOODS

A. The Port shall not be deemed to have accepted any Goods prior to the completion
of inspection and testing for the purpose of ascertaining whether the Goods are as
represented and contracted for. At the Port’s option, such tests may be made
either at the factory before shipment, or upon receipt of the Goods, or in the field
after installation, or all of the above. Additional inspection and/or testing
requirements may be stated in Specifications/Specific Requirements.

B. If inspection or testing show the Goods to be not as represented or contracted for,

the Port may refuse to accept the same if the Vendor is unable to remedy the fault
after having been given reasonable opportunity in which to do so under the
circumstances. The Vendor must remove or correct the Non-Conforming Goods at
the Vendor’s sole expense. The reasonable time to remedy the fault shall be
determined by the Port but no later than XXX days after notification. Inspection
upon delivery shall not constitute acceptance unless stated in the
Specifications/Specific Requirements.

GC-14 RESPONSIBILITY FOR GOODS:

A. All Goods provided under the Agreement, whether in storage or on the site and
whether under the care, custody and control of the Vendor shall be at the sole risk
and responsibility of the Vendor prior to delivery to and inspection by the Port,
except due to the negligence of the Port, shall be repaired or replaced in their
entirety by the Vendor solely at its own expense, except as may be limited by the
Port in writing.

B. Without limiting the generality of the foregoing, it is the Vendor's responsibility to

protect the Goods from weather damage.

GC-15 GOOD WORKMANSHIP AND NEW MATERIALS: Vendor warrants that all Goods
furnished under this Agreement are new unless otherwise indicated in this Agreement,
conform strictly to the Specifications/Specific Requirement herein, are merchantable, of
good workmanship, will be of good quality, free from fault or defect, are fit for the intended
purpose for which such Goods are ordinarily employed and if a particular purpose is stated in
a Specifications/Specific Requirement, the Goods are then warranted as fit for that particular
purpose. Vendor further warrants that no violation of any federal, state or local law, statute,
rule, regulation, ordinance or order will result from the manufacture, production, sale,
shipment, installation or use of any of the Goods. Vendor’s warranties (any more favorable

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warranties, service policies, or similar undertakings of Vendor) shall survive delivery,
inspection, and acceptance of the Goods.

GC-16 TITLE: The Vendor warrants that title to all Goods will pass to the Port upon the
receipt of payment by the Vendor free and clear of all liens, claims, security interests or
encumbrances. Passage of title shall not, however, (1) relieve Vendor from any of its
obligations and responsibilities for the Goods, (2) waive any rights of the Port to require full
compliance by Vendor with the Agreement requirements, or (3) constitute acceptance of the
Goods.

GC-17 ONE YEAR WARRANTY: Vendor warrants that all goods and services furnished under
this order are new unless otherwise indicated in this order, conform strictly to the
specifications herein, are merchantable, of good workmanship, free from defect, are fit for
the intended purpose for which such goods and services are ordinarily employed and if a
particular purpose is stated in a Supplemental Condition, the goods are then warranted as fit
for that particular purpose. Vendor further warrants that no violation of any federal, state or
local law, statute, rule, regulation, ordinance or order will result from the manufacture,
production, sale, shipment, installation or use of any of the goods. Vendor’s warranties (any
more favorable warranties, service policies, or similar undertakings of Vendor) shall survive
delivery, inspection, and acceptation of the goods or services.

GC-18 SPECIAL WARRANTIES: Additional, special warranty obligations may be imposed in

other parts of the Agreement Documents.

GC-19 ENFORCEMENT: All manufacturers', and suppliers' warranties and guarantees, express
or implied, respecting any part of the Goods shall be obtained and enforced by the Vendor for
the benefit of the Port without the necessity of separate transfer or assignment thereof.
When specified in the Agreement Documents, the Vendor shall require manufacturers and
suppliers to execute separate warranties and guarantees in writing directly to the Port.

GC-20 INDEMNIFICATION AND HOLD HARMLESS:

A. Vendor shall defend, indemnify, and hold harmless the Port, its Commissioners,
officers, employees, and agents (hereafter, collectively, the “Port”) from all
liability, claims, damages, losses, and expenses (including, but not limited to
attorneys’ and consultants’ fees and other expenses of litigation or arbitration)
arising out of or related to the fulfillment of this Agreement (including, without
limitation, product liability claims by persons who may subsequently purchase the
Goods from the Port, claims for patent, trademark, copyright, trade or franchising
infringement, and from all claims arising from Vendors failure to comply with
paragraphs COMPLY WITH ALL LAWS, NON-DISCRIMINATION AND EQUAL
EMPLOYMENT, AND PUBLIC DISCLOSURE of these General Conditions); Provided,
however, if and to the extent that these General Conditions are construed to be
relative to the construction, alternation, repair, addition to, subtraction from,
improvement to, or maintenance of, any building, highway, road, railroad,
excavation, or other structure, project, development, or improvement attached to
real estate, including moving or demolition in connection therewith, and therefore
subject to Section 4.24.115 of the Revised Code of Washington, it is agreed that
where such liability, claim, damage, loss or expense arises from the concurrent
negligence of (1) the Port, and (2) Vendor, its agents, or its employees, it is
expressly agreed that Vendor’s obligations of indemnity under this paragraph shall

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 be effective only to the extent of Vendor’s negligence. Such obligations shall not
be construed to negate, abridge, or otherwise reduce any other right or obligation
of indemnity which would otherwise exist as to any person or entity described in
this paragraph. This paragraph shall not be construed so as to require Vendor to
defend, indemnify, or hold harmless the Port from such claims, damages, losses or
expenses caused by or resulting from the sole negligence of the Port.

B. In any and all claims against the Port, by any employee of Vendor, its agent,
anyone directly or indirectly employed by either of them, or anyone for whose acts
any of them may be liable, the indemnification obligation of subparagraph “A”
above shall not be limited in any way by any limitation on the amount or type of
damages, compensation benefits payable by or for Vendor, or other person under
applicable industrial insurance laws (including, but not limited to Title 51 of the
Revised Code of Washington), it being clearly agreed and understood by the parties
hereto that Vendor expressly waives any immunity Vendor might have had under
such laws. By executing the Agreement Vendor acknowledges that the foregoing
waiver has been mutually negotiated by the parties.

C. Vendor shall pay all attorneys’ fees and expenses incurred by the Port in
establishing and enforcing the Port’s right under this paragraph, whether or not
suit was instituted.

GC-21 COMPLY WITH ALL LAWS:

The Vendor shall at all times comply with all federal, state and local laws, ordinances
and regulations, including but not limited to those environmental laws and other laws
listed in the Agreement Documents and other laws referred to herein, which in any
manner apply to the performance of this Agreement. Such compliance shall include,
but is not limited to, the payment of all applicable taxes, royalties, license fees,
penalties and duties.

GC-22 NON-DISCRIMINATION AND EQUAL EMPLOYMENT:

It is the basic policy of the Port of Settle to provide equal opportunity to the users of
all Port services and facilities and all contracting entities. Specifically, the Port will
not tolerate discrimination against any persons on grounds of age, race, color, national
origin/ancestry, ethnicity, religion, disability, Family Medical Leave Act (FMLA) use,
pregnancy, sex/gender, sexual orientation, whistleblower status, military affiliation,
marital status, workers’ compensation use, transgender status, political beliefs, or any
other protected status, as guaranteed by local, state and federal laws. The equal
opportunity principles in employment and subcontracting described in this policy shall
apply to the Port’s employees, customers, consultants, Vendors, and suppliers to the
extent possible as required by law. Submission of a properly executed Agreement
constitutes a contractual commitment to the terms of this resolution. During the
performance of this Agreement, the Vendor, for itself, its assignees, and successors in
interest agrees to comply with the requirements of the following non-discrimination
statutes and authorities which are hereby incorporated; including but not limited to:

A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin) and 49 CFR
part 21;

B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

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 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);

C. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27;

D. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);

E. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);

F. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and Vendors,
whether such programs or activities are Federally funded or not);

G. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of
Transportation regulations at 49 CFR parts 37 and 38;

H. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §

47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);

I. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations, which ensures discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;

J. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

K. Title IX of the Education Amendments of 1972, as amended, which prohibits you

from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq.)

GC-23 VENDOR LIABILITY INSURANCE:

A. Within five (5) Days after receipt of the Notice of Intent to Award, Vendor shall
provide liability insurance as specified in the Specifications/Specific Requirements.

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 All such insurance shall be kept in force for until final acceptance or longer to the
extent so required by the Agreement.

B. No Limitation of Liability. The limits of insurance required in this Agreement or as

carried by Vendor shall not limit the liability of Vendor nor relieve Vendor of any
obligation hereunder. Any specified limits of insurance shall not be construed as to
relieve the Vendor from liability in excess of the limits. The minimum limits
indicated are not a representation or warranty that the Port has assessed the risks
that may be applicable to the Vendor under this Agreement.

C. Waiver of Subrogation. Without affecting any other rights or remedies, Vendor (for
itself and on behalf of anyone claiming through or under it by way of subrogation
or otherwise) hereby waives any rights it may have against the Port, its officers,
agents and employees (whether in Agreement or in tort) on account of any loss or
damage occasioned to Vendor arising out of or incident to the perils required to be
insured against within the Agreement. Accordingly, Vendor shall cause each
insurance policy required by Agreement to further contain a waiver of subrogation
clause. The effect of such release and waiver of the right to recover damages
shall not be limited by the amount of insurance carried or required or by any
deductibles applicable thereto.

D. If the Vendor is required to make corrections to the Goods after final acceptance,
the Vendor shall obtain at its own expense, prior to the commencement of any
corrective Goods, such insurance coverage as is required by the Agreement
Documents of this Agreement. Coverage shall be maintained until the corrections
to the Goods have been accepted by the Port.

GC-24 AGREEMENT TIME: All time limits stated in the Agreement Documents, specifically
including the Agreement Time, are of the essence of this Agreement. For any exception to
the delivery dates specified in the Agreement, Vendor shall request prior notification and
obtain specific written approval from the Port. While the Port may, in certain circumstances,
provide a written extension, reduction or waiver of certain time limits, the Agreement Time
may be extended or reduced only by Agreement/Change Order.

GC-25 EXTENSIONS OF AGREEMENT TIME; COMPENSATION:

A. Force Majeure. If an extension of Agreement Time is warranted as a result of

force majeure, Vendor will not be responsible for delays in delivery due to acts of
God, fire, strikes, epidemics, war, riot, delay in transportation or railcar transport
shortages PROVIDED VENDOR NOTIFIES THE PORT, IMMEDIATELY IN WRITING OF
SUCH PENDING OR ACTUAL DELAY. The extension of Agreement Time will be
limited to the period of time the Port determines the procurement was
delayed/extended. All decisions by the Port regarding extensions of time shall be
final.

B. Reasonable Delays. The Vendor should anticipate that some reasonable delays,
including those caused by normal weather patterns, will occur. The Vendor shall
not be entitled to any compensation, damages, or extension of the Agreement
Time for such reasonable delays.

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 C. Non-Excusable and Non-Compensable Delays. Delays in the production of the
Goods that could have been avoided by the exercise of due care, coordination and
diligence on the part of the Vendor, its suppliers are neither excusable nor
compensable under the Agreement. No extension of Agreement Time or increase in
the Agreement Sum shall be allowed for any claimed delay that is caused by or
results from the breach, fault, negligence, or collusion of the Vendor, or its
suppliers.

GC-26 VENDOR’S CLAIMS:

A. If at any time the Vendor claims that the Port may, for any reason, owe it
damages, additional payment, or a time extension, the Vendor must file a written
claim with the Port. The Vendor shall deliver a written claim to the Port no later
than ten (10) days after the event giving rise to the claim occurred and before
proceeding with supplying the Goods upon which the claim is based. Failure to
provide the written notification shall constitute an absolute waiver of any such
claim. No act, admission or knowledge, actual or constructive, of the Port or the
Buyer or any Port employee shall in any way constitute a waiver of the above
requirements, unless the Port provides the Vendor with an express, unequivocal
written waiver of the specific requirement being waived.

B. Within a reasonable time after presentation of a claim, the Buyer shall give the
Vendor written notice of the Port's decision on any claim of the Vendor. All such
decisions of the Port shall be final.

C. Pending final resolution of a claim, unless otherwise agreed in writing, the Vendor
shall proceed diligently with performance of the Agreement.

GC-27 AGREEMENT COMPLETION: The Agreement will be complete when all Goods have
been furnished, the final inspection made by the Port, or final acceptance has occurred by
other Port action. Issuance of any statement or submission of any form by the Port relating to
Agreement Completion to any government agency for the purpose of such agency’s
administrative function shall not affect or modify the foregoing requirements for
determination of Agreement Completion as between the Port and the Vendor.

GC-28 TIME AND MANNER OF PAYMENT:

A. Unless otherwise specified, following delivery under this Agreement, including

Amendment/Change Orders, the Vendor may submit to the Port for approval an
invoice for the items delivered as provided for in this Agreement. Within 30 days
after receipt of a properly completed invoice or receipt of goods, whichever is
later, the amounts so determined, less previous payments and less such sums as
the Port may be entitled to retain under the provisions of the Agreement, shall be
paid to the Vendor.

B. The making of any payment to the Vendor under the Agreement shall not relieve
the Vendor of any of its obligations thereunder. The Vendor is obligated to
complete the Agreement in its entirety as specified. Payment of the Agreement
Sum shall constitute the full compensation to the Vendor for providing of the
Goods, including all risk, loss, damage, or expense of whatever character arising
out of the nature of the Goods or the prosecution thereof, and for all reasonable

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 expenses properly incurred, including in the event of suspension or termination.

C. Nothing in this paragraph or elsewhere in the General Conditions shall make any
laborers, materialmen, supplier’s third party beneficiaries of this Agreement or
obligate the Port to withhold any funds except in the Port’s sole discretion.

D. Payments made to the Vendor shall not constitute acceptance by the Port of any
item that is defective or deficient, in whole or in part, regardless whether the
defect or deficiency is patent or latent or known or unknown, and such payments
shall not constitute a waiver by the Port of any rights or remedies it may otherwise
have under these Agreement Documents or otherwise.

E. The quantity to be paid for any item for which a Unit Price is fixed in the
Agreement shall be the number of units satisfactorily delivered in accordance with
the Agreement Documents, as determined by the Port. The quantity to be paid for
any item for which a lump sum price is fixed in the Agreement shall be based on
the percentage satisfactorily delivered in accordance with the Agreement
Documents, as determined by the Port.

GC-29 PORT’S RIGHT TO WITHHOLD PAYMENT:

A. The Port has the right to withhold payment otherwise due the Vendor if and so
long as the Vendor does not meet any of its obligations under this Agreement to
the extent as may be reasonably necessary to protect itself from loss. The Port will
notify the Vendor of the reasons for any amounts withheld and the remedy
required.

B. The Vendor shall be paid monies earned by fulfilling its responsibilities under this
Agreement. Monies shall not be considered earned if any of the following
conditions applies:

1. The Goods for which the Vendor is claiming payment was not performed in
accordance with the Agreement.

2. Defective, damaged or Non-Conforming Goods not remedied or warranties not

met.

3. Claims filed or reasonable evidence indicating filing of claims against the

Vendor.

4. Vendor’s failure to meet any performance warranties required by the

Agreement Documents.

5. Failure of the Vendor to provide all drawings, manuals, and other information
required by the Agreement.

6. The Vendor's invoice does not contain the required documentation or is

otherwise not in conformance with the requirements of this Agreement;

7. Failure of the Vendor to make payments owed to suppliers, or for labor,

materials, or equipment.

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 8. Failure to pursue delivery of the Goods in a timely manner or failure to take
necessary steps to regain time or deliver the Goods in the prescribed
Agreement Time.

9. A reasonable doubt that the Agreement can be completed for the balance then
unpaid.

C. In the event the Port withholds all or a part of a payment for deficiencies in either
performance, or in an invoice, the Port will notify the Vendor. The Vendor shall
have the right to correct all deficiencies that are the basis for the withholding and
resubmit the invoice at any time for reconsideration.

D. The Vendor shall provide a contact name, address, and email address to facilitate
notification if any payment, or portion of any payment, is withheld for any of the
reasons above, or for missing documentation or items incorrectly invoiced.
Notification shall be made via email, or shall be mailed, properly addressed and
stamped with the required postage to the person designated by the Vendor in the
Bid.

GC-30 FINAL PAYMENT:

The Port will make Final Payment to the Vendor following (1) Completion and (2) final
resolution by settlement, mediation or litigation of all Amendment/Change Orders or Claims.
Final Payment shall include the entire sum found to be due hereunder after deducting
therefrom such amounts as the terms of the Agreement permit. Prior payments, including
those relating to Unit Price Goods, extra Goods or Goods omitted, shall be subject to review
and correction by the Final Payment. Final Payment will be made only for Goods actually
accepted by the Port.

By accepting Final Payment, the Vendor shall be deemed thereby to have released the Port
from all claims of Vendor and all liability to the Vendor in connection with the Goods and for
every act and neglect of the Port and others relating to or arising out of the Goods. Final
Payment by the Port shall not release the Vendor from any obligation under the Agreement or
under any warranty obligations.

GC-31 PAYMENTS DO NOT RELIEVE VENDOR FROM RESPONSIBILITY FOR GOODS:

The Port’s actions in making any payment does not in any way relieve the Vendor from its
responsibility for the Goods or its responsibility to repair, replace, or otherwise make good
Non-Conforming Goods. Nor do any of these actions constitute a waiver of the Port's right to
reject Non-Conforming Goods or any other rights. Without limiting the generality of the
foregoing, the Port shall have the right to seek reimbursement of any amount it determines
was overpaid to the Vendor and to recover damages for any unauthorized or Non-Conforming
Goods.

GC-32 TAXES: Unless otherwise indicated, the Port agrees to pay all applicable State of
Washington sales or use tax. The Port is exempt from Federal excise taxes and an exemption
certificate will be furnished upon request. The price for the Goods shall include all other
applicable federal, state and local taxes, except those for which an exemption may be
claimed by the Port.

GC-33 HAZARDOUS MATERIALS: If this Agreement covers Goods which include hazardous
chemicals, Vendor shall, at the time of product delivery, provide the Port with copies of

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Material Safety Data Sheets (“MSDS”) for such chemicals. These sheets shall be in the form
then required by applicable law or regulation (see WAC 296-62-05413). This requirement
shall be in addition to whatever other requirements are imposed by law or regulation.

GC-34 TERMINATION:

A. TERMINATION FOR CONVENIENCE: The Port may terminate this Agreement, in

whole or in part, for the Port’s convenience at any time and for any reason by
giving a written termination notice to Vendor and the Port’s payment to Vendor of
termination charges computed in the following manner: (1) a sum computed and
substantiated in accordance with standard accounting practices for those
reasonable costs incurred by Vendor prior to the date of termination, for orderly
phase out of performance as requested by the Port in order to minimize the costs
of the termination; and (2) a reasonable profit for the Goods accepted; HOWEVER
THE PORT SHALL NOT BE LIABLE TO VENDOR FOR ANY ANTICIPATED PROFITS ON
THE TERMINATED PORTION OF THE AGREEMENT, OR CLAIMS OF UNABSORBED
OVERHEAD OR OTHER FIXED COSTS. IN NO EVENT SHALL THE PORT BECOME LIABLE
TO PAY ANY SUM IN EXCESS OF THE PRICE OF THIS AGREEMENT FOR THE
TERMINATED GOODS.

B. TERMINATION FOR DEFAULT: Except in the case of delay or failure resulting from
circumstances beyond the control and without the fault or negligence of Vendor or
its Vendors, the Port shall be entitled, by written or oral notice to the Vendor, to
terminate the whole or any part of this Agreement for breach of any of the terms
of this Agreement, and to have all other rights against Vendor by reason of
Vendor’s breach as provided by law.

A breach shall mean any one or more of the following events (i) Vendor fails to
make delivery of any of the Goods by the date required or by such later date as
may be agreed to in a written Agreement/Change Order to the Agreement signed
by the Port; (ii) Vendor breaches any warranty, or fails to perform or comply with
any term or agreement, in the Agreement; (iii) Vendor makes any general
assignment for the benefit of creditors; (iv) in the Port’s sole opinion, Vendor
becomes insolvent or in an unsound financial condition so as to endanger
performance hereunder; (v) Vendor becomes the subject of any proceeding under
any law relating to bankruptcy, insolvency or reorganization or relief from debtors;
or (vi) any receiver, trustee or similar official is appointed for Vendor or any of
Vendor property.

If it be found that Vendor was not in breach, the rights and obligations of the
parties shall be the same as if a Notice of Termination had been issued pursuant to
subparagraph A.

GC-35 REMEDIES: Any decisions by the Port to pursue any remedy provided for in paragraph
INDEMNIFICATION AND HOLD HARMLESS herein shall not be construed to bar the Port
from the pursuit of any other remedy provided by law or equity in the case of similar,
different or subsequent breaches of this Agreement. The obligations and remedies
described herein are in addition to the obligations and remedies described in
paragraph Correction of Goods.

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GC-36 WAIVER: Failure at any time of the Port to enforce any provision of the Agreement
shall not constitute a waiver of such provision or prejudice the right of the Port to
enforce such provision at any subsequent time. No term or condition of this
Agreement shall be held to be waived, modified or deleted except by a written
Agreement/Change Order signed by the parties hereto.

GC-37 PARTIAL INVALIDITY: If any provision of this Agreement is or becomes void or

unenforceable by force or operation of law, all other provisions hereof shall remain
valid and enforceable.

GC-38 PUBLIC DISCLOSURE: Vendor acknowledges that the PORT may be required to disclose
information provided by Vendor pursuant to the Washington State Public Disclosure Act
(RCW Chapter 42.56). The PORT will determine whether any requested documents
should be disclosed. In no event shall the Port be liable to Vendor for any disclosure of
documents and information, including work product, excluded inventions and
intellectual property rights it deems necessary to disclose under the law.

GC-39 GOVERNING LAW/VENUE: The laws of the State of Washington shall govern disputes
concerning this Agreement and the venue of any action relating hereto shall be in the
Superior Court for the County of King, State of Washington.

GC-40 ANTITRUST ASSIGNMENT CLAUSE: Vendor and the Port recognize that in actual
economic practice, overcharges resulting from antitrust violations are in fact usually
borne by the Port. Vendor therefore hereby assigns to the Port any and all claims for
such overcharges as to Goods purchased in connection with this Agreement, except as
to overcharges which result from antitrust violations commencing after the price is
established under this Agreement and which are not passed on to the Port under an
escalation clause.

GC-41 SUBCONTRACTING/ASSIGNMENT: Vendor shall not subcontract or assign its obligations

under this Agreement without the prior written consent of the Port.

GC-42 PORT’S AGENT: The Port’s agent, who shall be Vendors sole contact with the Port for
all matters pertaining to this Agreement shall be the Port’s Buyer.

GC-43 AUDITS AND RETENTION OF RECORDS:

A. The Port or its designee and other authorized representatives of the State of
Washington shall have the right to inspect, audit or copy documents for the
evaluation and determination of any issue related to the Agreement or to the
Vendor’s performance thereunder, specifically including but not limited to any
Claims brought by the Vendor or any supplier.

B. For the above-referenced purpose, all of the documents related to this Agreement
shall be open to inspection, audit, or copying by the Port or its designee:

 During the Agreement Time;

 For a period of not less than six (6) years after the date of Agreement
Completion or termination of the Agreement; and

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  If any Claim, audit, or litigation arising out of, in connection with, or related to
this Agreement is initiated, all documents and records shall be retained until
the resolution or completion of any litigation, claim or audit..

 The Vendor shall retain the documents related to this Agreement for the
periods required above. The Vendor shall also ensure that the documents of all
suppliers shall be retained and open to similar inspection or audit for the
periods required above by incorporating the provisions of this Audit Paragraph
into any agreements with suppliers related to this Agreement.

C. The Vendor, its suppliers shall make a good faith effort to cooperate with the Port,
its designees or, representatives when the Port gives notice of its need to inspect
or audit documents, including providing adequate facilities reasonably acceptable
to representatives of the Port during normal business hours. Cooperation shall
include assistance as may be reasonably required in the course of inspection or
audit, including access to personnel with knowledge of the contents of the records
being inspected or audited so that the information in the records is properly
understood by the persons performing the inspection or audit. Cooperation shall
also include establishing a specific mutually agreeable timetable for making the
records available for inspection by the Port’s representatives. If the Vendor cannot
make at least some of the relevant records available for inspection within seven
(7) days of the Port’s written request, cooperation will necessarily entail providing
the Port with a reasonable explanation for the delay in production of records.

D. No additional compensation will be provided to the Vendor, its suppliers for time
or money spent in complying with the requirements of this Audit Paragraph. If the
Vendor is formally dissolved, assigns or otherwise divests itself of its legal capacity
under this Agreement, then it shall notify the Port and preserve all documents, at
its expense, as directed by the Port.

E. This Audit Paragraph shall survive for six (6) years after the termination or
expiration of this Agreement, or conclusion of all Claims, audits or litigation,
whichever occurs later.

GC-44 SERVICE OF NOTICES BY OR ON THE VENDOR:

Any written notice required under the Agreement to be given by or to the Vendor may,
at the option of either party, be served on or by the Vendor by Electronic
Transmission, personal service, certified or registered mail, or recognized overnight
courier. Delivery of the notice will be made to the last address provided in writing to
the Buyer. Notices shall be deemed delivered: (i) when sent through via Electronic
Transmission, (ii) when personally delivered; (iii) on the third day after mailing when
sent by certified or registered mail and the postmark affixed by the United States
Postal Service shall be conclusive evidence of the date of mailing; or (iv) on the first
business day after deposit with a recognized overnight courier if deposited in time to
permit overnight delivery by such courier as determined by its posted cutoff times for
receipt of items for overnight delivery to the recipient.

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GC-45 E X E C U T I O N O F T H E A G R E EM E NT F O R M :

The Agreement is not binding upon the Port until the Agreement Effective Date. No
Bidder shall have a right, interest or claim with respect to the Agreement or the Goods
until the Agreement Effective Date. After being executed by the Port, the Vendor will
receive a copy of the Agreement Form. Goods prosecuted prior to the Agreement
Effective Date is at the sole risk of the Vendor.

End of General Conditions

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SPECIFICATIONS/SPECIFIC REQUIREMENTS

SR-1 SCOPE OF SUPPLY

The Vendor shall provide Fuel Hydrant Pit and Hydrant Assemblies manufactured in
accordance with these Agreement Documents.

SR-2 PRODUCTS (GOODS)

REFERENCE STANDARDS:

PART 1 - FUEL HYDRANT PIT AND HYDRANT ASSEMBLIES

1.01 GENERAL
1. All material, items and components specified herein shall be certified by
the manufacturer suitable for use in aviation kerosene (Jet A Turbine
Fuel) at 275 psi, at 100◦ F with a specific gravity of 0.81.
2. All equipment and material shall be the latest design, new non-
deteriorated, and the first quality standard product of manufacturers
regularly engaged in the production of such equipment and material.
3. Where two or more units of the same class of equipment are required,
they shall be products of a single manufacturer.
1.02 SUBMITTALS
1. Submit product data and shop drawings.
2. Submit full detailed fabrications drawings for review by the Port of Seattle.
3. Submit on all materials and equipment including, but not limited to, pipe,
fittings, flanges, gaskets, tubing, bolts and nuts, insulators, couplings,
supports, sleeves and seals.
4. Submit welding procedures and welder qualifications as detailed in this
specification.
5. Submit method of anchoring pipe during placement of Control Density Fill
(CDF).
6. The Contractor shall submit a written certification from the coating system
manufacturer that the Contractor and/or his Sub-Contractor are qualified
to apply the manufacturer’s product.
7. Submit coating system to be used.
8. Submit qualification for independent test laboratories for coating
inspection.
9. The Contractor shall submit plans for the inspection, testing, and flushing
of the jet fuel lines.
10. The Contractor shall submit to the Engineer the Independent Testing
Laboratory proposed to provide testing services as specified in this
section.

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PART 2 - PRODUCTS
2.01 FUEL HYDRANT VALVE PITS
1. General: Hydrant valve pits shall be side entry, with waterproof hinged
cover, designed for installation in concrete pavement.
2. Construction:
1. Body shall be one-piece molded fiberglass with integral concrete
anchors.
2. The lower pit section shall be minimum 0.25” thick wall fiberglass.
3. Weight bearing mating flange surfaces of the pit and cover shall
be flat to within 0.050” total indicator reading.
4. The integral upper flange section shall be of structural carbon
steel conforming to ASTM A36, with integral concrete anchors.
The upper section shall be hot-dipped galvanized after fabrication
in accordance with ASTM A123, A384, and A386, as applicable.
5. The two-piece pit cover assembly shall consist of a cast aluminum
outer ring with a cast aluminum lid.
6. All primary metal shall be cast aluminum, ASTM B179, alloy No.
A356.2, per Federal Specification QQ-A-601F, with T-6 heat-treat
per Military Specification H-6088F.
7. Cover shall have high visibility colored panels on topside and
underside for safety.
8. The cover shall have raised letters indicating service (FUEL
HYDRANT). Service lettering shall be
abrasion/corrosion/chemical-resistant color coded, with the words
matching existing, integrally cast on the door’s outer surface with
letters a minimum of 2-inch high, 0.0625 inch raised on surface.
9. Cover shall comply with FAA AC 150/5320-6F.
10. Cover shall be free of visual shrink porosity cavity areas, fillers,
weldments and paint to hide them; areas colored/point-welded for
information and/or with Safety Yellow colored panels are allowed.
11. Cover shall have a hand-hole with a minimum 1.75” depth and
provide a minimum 23.5” diameter opening.
12. Prototype cover test report shall be submitted and the test shall
have been conducted by an independent testing company in the
following manner: cover loading over each of two, spaced at a
maximum of 36" on centers for pit with inside length greater than
60", 200 sq. in. footprints shall result in a minimum 1,000 psi rating
with maximum 0.150" full load deflection at center indicators and
deflection "rebound" within 0.010" after load release.
13. Prototype cover’s environmental test report shall be submitted and
the test shall have been conducted by an independent testing
company in the following categories and standards:

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 a. Totally submerged cover shall pass less than 100 grams of
water per hour following: hot 1600 F and cold -400 F
cycling conforming to Mil Std-810.
b. Seal contamination (cover seal area & mating flange wall
sealing surface packed with sand and soil).
c. Cover shall pass submersion, kerosene and hose down
tests equal to NEMA 250 standards for Type 6 exterior
enclosures except that cover.
14. Pit shall have sealed pipe containment area consisting of a
molded flexible boot seal attached to a steel collar that is welded
to the fuel pipe. Test port of containment area consisting of 3/4-
inch pipe and plug.
15. Pit shall be side entry to accommodate 6-inch diameter pipe.
16. The interior boot shall be easily replaceable without disassembly
of the valving or piping in the pit and shall be attached to the pit
bottom and to the steel pipe collar with two alloy 316 stainless
steel worm gear clamp bands. The boot shall be constructed of
molded flexible Buna-N.
17. Stainless steel ½-inch bolt with lockwasher, locknuts, and nuts for
grounding cable shall be provided.
18. The manufacturer shall submit proof of at least five years’
experience in usage of cast aluminum covers for airfield
applications.

3. Service, Repair and Replacement

1. Manufacturer shall have customer accessible, person-to-person
technical support of their products.
2. Local or regional supply availability for repair/replacement parts
with a ship-to-receive duration of 48 hours or less.
3. Manufacturer shall be capable of providing onsite manufacturer
approved training.

2.02 BUTTERFLY VALVES

1. Valves shall be of Keystone K-LOK®, Crane Co. Flowseal (formerly Mark
Controls Corporation), Neles-Jamesbury Corp., WKM® DynaCentric or
high performance type butterfly valve approved equal.
2. Valves shall be metal-lined, single-flanged type, drilled and tapped full lug
body. Fire safe valves shall conform and be certified per API-607.
3. Valve shall be suitable for 275 psi working pressure, bubble-tight at
differential pressure of 275 psi, and hydrostatically tested for low-pressure
seat at 15 psi and maximum shutoff pressure seat at 310 psi.

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 4. Valve body shall be compatible to ANSI B16.5 Class 150 with a face-to-
face dimension or laying length in accordance with API 609, suitable for
installation between 150-pound raised-face flanges.
5. The disc shall be capable of bi-directional flow at the same flow
characteristics.
6. Valve components shall be manufactured of the following materials:
1. Valve Body: Carbon steel, ASTM A216 Grade WCB.
2. Disc: Type 316 stainless steel, ASTM A182, F316.
3. Shaft: 17-PH stainless steel, ASTM A564 Type 640H 1150, with
Type 316 stainless steel pins for attachment to the disc. Valve
shall have adjustable top packing for the shaft. Top of shaft shall
be keyed to allow installation of operator.
4. Seat: Type 316 stainless steel with backing TFE insert material.
5. Packing: RTFE.
7. Provide gear or manual operators for butterfly valves as shown on the
drawing and included in these specifications.
8. Unless otherwise noted, operators shall be as follows:
1. Valve shall have a watertight worm gear suitable for submerged
service operator with locking device for valves 8 inches and larger.
2. Valves shall have lever operator with detents for on and off
position and locking device for valves 6 inches and smaller.
9. Valve assembly shall be compatible with aviation jet fuels.

2.03 FUEL HYDRANT VALVES

1. Product/Manufacturer: Hydrant pit valves shall be Cla-Val Model 352GF,
Carter Model 60554, or approved equal.
2. Valves shall have a 4-inch ANSI B16.5 inlet flange, and 4-inch API 1584
adapter outlet flange, as shown on the drawings.
3. The valve shall be actuated by a compressed air operated pilot valve
through a Deadman Control. Pneumatic connection port to be provided
with valve.
4. Adapter flange shall be provided with a plastic dust cover chained or
secured to the valve.
5. Adapter poppet shall be provided with a pressure equalizing device or
valve.
6. The valve shall be provided with a 20-mesh screen furnished by the
manufacturer.
7. Valve closing time shall be 2 to 5 seconds.

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2.04 CONE STRAINERS
1. Provide cone strainers under each hydrant valve.
2. Strainers shall be fabricated from 16 gauge Type 304 stainless steel with
an 11 gauge 304SS flange. Perforations shall be 3/16” diameter on ¼”
centers. The strainers open area shall be equal to 100% of the cross
sectional flow area of schedule 40 pipe.
3. The strainers shall be 4-inch and installed between 150lb WNRF flanges.

2.05 FUEL PIPE

1. Jet fuel pipe, fuel drain and fuel vent pipe 2-½-inches and larger shall be
manufactured in conformance with the requirements of ASTM A 53 Grade
B, or API 5L Grade B electric resistance welded. Pipes shall be furnished
in double random lengths. Pipe 2-½-inches through 10-inches shall be
Schedule 40, and pipes 12-inches or larger shall be ⅜-inch (0.375-inch)
wall thickness, unless otherwise specified.
2. Joints:
1. All underground piping shall have welded connections.
2. Piping 2-½-inches and larger shall have butt welded joints.
3. Gauge, drains, and vent piping 2-inches and smaller shall have
threaded connections only where indicated on the drawing.
3. The use of galvanized pipe and fittings in the fuel system is strictly
prohibited.
4. Pipe for installation below ground shall be externally coated and internally
lined as specified in Coatings for Corrosion Protection.
5. Certification:
1. All pipe and fittings shall be tested and certified at the mill for
conformance with the specified API or ASTM standard.
2. Mill certification of all piping and fittings shall be submitted to the
Port of Seattle for review prior to shipping and delivery.
3. Mill identification shall be stenciled or stamped and clearly visible
within 2-inches of the pipe or fitting end. The mill identification on
the pipe shall be directly traceable to the mill certification report; in
order to specifically identify each piece of pipe or fitting as being
fabricated from the steel tested under the mill certification.
6. All costs in connection with these certifications shall be included in the
cost of the material.

2.06 FITTINGS FOR WELDED JET FUEL PIPE

1. For pipe sizes 2-inches and smaller, fittings shall be welded socket type
and shall be manufactured of carbon steel, meeting the requirements of
ASTM A 105 Grade II conforming to ANSI B16.11, and shall be Class
3000-pound.For pipe sizes 2-1/2-inches and larger, fittings shall be butt-

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 welded type, carbon steel, ASTM A 234 Grade B, ANSI B16.9. Wall
thickness of fittings shall match wall thickness of pipe.
2. Pipe bends and elbows shall be long radius elbows or long radius pipe
bends unless indicated otherwise on drawings.
3. Pipe bends other than 45 degrees or 90 degrees, shall be made as
follows:
1. Long radius weld ells cut to the proper angle and shop bevel weld
ends in accordance with ANSI B16.25 or formed with an approved
pipe bending machine. Pipe roundness shall be maintained to
factory tolerance for straight pipe lengths. Submit shop drawings
of all bends and bending procedures for approval.
2. Miter joints shall not be used on the jet fuel pipe.
4. Fittings shall be protected from water damage or from contamination at all
times.
5. Fittings installed below ground shall be externally coated and internally
lined as specified in Coatings for Corrosion Protection.

2.07 PIPE FLANGES

1. Flanges shall be standard weldneck-type Class 150-pounds minimum or
of a rating corresponding to flanges supplied on equipment or vessels,
forged steel, ASTM A 182, conforming to ANSI B16.5, composed of
domestic steel. Finish of the flange surface mating the gasket shall be
phonographically serrated.
2. Flange facings and position of bolt holes shall correspond to the
equipment to which the piping is joined and shall, unless otherwise
required, be standard 1/16-inch raised face flanges.

2.08 FLANGE GASKETS

1. Flange gaskets shall be factory cut, fir-rated flexible graphite with 304
stainless steel winding strips and guide rings. Full-face gaskets shall be
used for brass, bronze, cast iron or flat face steel flanged joints. Ring
gaskets shall be used for steel flanged joints with raised face flanges.
Non-insulating gaskets shall be 1/8-inch in thickness (minimum). Flange
and gaskets shall be protected from water damage or from contamination
at all times.

2.09 FLANGE BOLTS AND NUTS

1. Stud bolts shall be cadmium plated high strength carbon steel, meeting
the requirements of ASTM A 193, Class 2, Grade B7.
2. Nuts shall be cadmium plated high strength carbon steel, heavy hex
head, meeting the requirements of ASTM A 194, Grade 2H conforming to
ANSI B18.2.2.

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 3. Flat Washers shall be cadmium plated hardened carbon steel, circular
type ASTM F436 conforming to ANSI B18.2.1.
4. Cadmium coatings shall conform to ASTM A 165 Type TS.

2.10 FLANGED INSULATION KITS

1. Flanged insulating assemblies shall be used for full electrostatic isolation
of cathodically protected pipe line from cathodically unprotected
assemblies, and shall be Gasket-O-Seal Type "E" as manufactured by
Pipeline Seal & Insulator, Inc. (PSI), Maloney, Central or approved equal.
2. Insulating joint shall consist of a full face thermosetting molded phenolic
insulating gasket, insulating bolt sleeves and double quantity of insulating
washers and stainless steel washers.
3. Insulating materials shall be as follows:
1. Gasket: Electrically isolated retainer with FKM "O" ring seal
molded in a groove on each side of the retainers. 1/8-inch thick
for class 150 raised face gasket. Minimum dielectric strength shall
be 500 volts per mill (vpm).
2. Sleeves: Shall be 1/32-inch wall thickness spiral wound mylar,
length to suit two class 150 lb. weld neck flanges, insulating
gaskets and valve body thickness. Sleeve shall provide "full"
insulation of studs; minimum dielectric strength shall be 4000 vpm.
3. Insulating washers: Grade G-10 phenolic, 1/8-inch thick
(minimum), 1 per each side of flange. Dielectric strength shall be
compatible with minimum insulating values of insulating sleeves
and gaskets.
4. Unless otherwise specified, flange insulation kits shall be installed at the
first flange (within the pit) nearest to the pit’s wall.

2.11 COATINGS FOR CORROSION PROTECTION

1. Materials - General
1. All equipment and facilities used to clean, prime, coat, and wrap
pipe and other items, and to handle coated and wrapped pipe
shall be approved by the coating manufacturer before use.
2. All coating and lining materials shall be as specified herein.
3. The primer and finish coat of the coating and lining materials shall
spray and brush on satisfactorily in all respects when using
conventional equipment and shall dry to a smooth uniform film
free from runs, sags, pronounced orange peels, streaks or dry
overspray.
4. All primer and finish coats shall conform to the latest Federal,
State, and Local VOC Standards and Regulations.
5. Overcoating Properties: Coating and lining materials shall show
no softening, lifting, wrinkling, crazing or other film irregularities.

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 6. The applicator(s) shall perform all required inspection of the
applied coatings and linings, and shall submit a detailed log for all
performed inspection and tests.
7. All coatings, thinners, and catalyzing agents shall be of the same
manufacturer for a "Coating System.”
8. Shop applied coatings only shall meet the VOC requirements of
3.5 lb./gal maximum.
9. Mildew Resistance: Organic coatings shall pass fungus growth
test as specified in Federal Test Method Standard No. 141B,
Method 6271.1.
10. All materials, items, and components specified herein shall be
certified by the manufacturer to be suitable for immersion in
Aviation Kerosene (Jet-A).
11. Coating systems shall not contain lead or asbestos.

2. External Pipe Coating

1. External pipe coating shall be shop applied fusion bonded epoxy
coating Scotchkote™ 6233, Amercoat™ or approved equal. Color
shall be blue-green.

3. Internal Pipe Lining

1. Internal pipe lining shall be shop applied epoxy resin system
meeting the requirements of Military Specifications MIL-C-4556E.
Materials used shall be listed as approved on the current Federal
Quality Products List (QPL).

PART 3 - EXECUTION
3.01 WELDED CONNECTIONS
1. Welded Joints For Fuel Pipe:
1. Welding electrodes shall be designed and made for use with the
specific pipe metal to which it is applied and shall conform to the
applicable AWS Specifications for welding rods and electrodes.
Welding electrodes shall be suitably shielded.
2. Process: Welding shall be accomplished by the use of the
shielded metallic arc process and shall be performed in strict
accordance with the requirements of ASME B31.3, normal fluid
service. In addition, welds shall contain no lack of fusion and no
incomplete penetration. Welding process and/or procedures that
comply with any other standard will not be accepted.
3. Procedure: The Contractor shall submit to the Port of Seattle for
approval the welding procedure specifications and the welder
qualifications (meeting the requirements of ASME B31.3)

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 proposed to be used on the job. The Contractor's submittal shall
include, as a minimum, the following:
a. Current certified copies of the procedure qualification test
records confirming that the procedures have been qualified
for this contract in accordance with ASME B31.3 and
Section IX of the ASME Code.
b. The Contractor shall submit the records in a form similar to
the "Procedure Qualification Record" and shall include the
information required by Section IX of the ASME Code and
ASME B31.3.
c. Welding procedure shall be designed for the conditions of
this Contract and shall be complete and specific, and shall
differentiate between shop, field welding, manual and
automatic welding.
d. The Contractor shall provide the services of an
independent Testing Laboratory, approved by the Port of
Seattle, to certify each manual welder and welding
machine operator for this Contract. Welds shall be made
and tested as required by ASME B31.3 1987 and Section
IX of the ASME Code 1989. The following conditions shall
apply for qualification testing of each welder:
(1) All welds shall be made in the downhill method.
(2) All pipe groove welds shall be in test position 6G.
(3) No backing rings shall be used.
(4) All test welds shall be given a radiographic
examination prior to the performance of bend test.
(5) All test welds shall be given the performance bend
test.
(6) Welders failing to qualify after (2) unsuccessful
attempts shall not be retested and shall not be
permitted to perform any welds on this project.
(7) All test results shall be submitted to the Port of
Seattle for approval.
e. In addition to the above, each welder/operator shall
possess a currently approved certificate, meeting the
requirements of these specifications, issued by an
approved testing authority. Satisfactory evidence as to
qualifications and certificate possession shall be presented
to the Port of Seattle for each welder/operator employed
prior to any welding being performed.
f. Costs for these procedures and the welders qualification
tests shall be borne by the Contractor.
4. Radiographing and Magnetic Particle Examination:

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 a. The Contractor shall provide the services of a recognized
testing laboratory, approved by the Port of Seattle, to
examine by radiographic methods 100% of all
circumferential butt welds, and examine by dye penetrant
or magnetic particle methods 100% of all fillet welds. All
examinations shall be conducted prior to installation of
corrosion protection coatings. Certified copies of the
examination reports and the radiographs shall be
submitted to the Port of Seattle prior to shipping the
materials to job site. All submittals from the Contractor and
his testing laboratory shall be in accordance with the
procedures and requirements of this specification section.
Welds found to be defective shall be rejected and not used
until after the welds have been satisfactorily repaired by
the Contractor.
b. Examination reports and radiograph exposure film
negatives will be kept on file with the Port of Seattle; the
record for such reports and negatives will show the date,
location of tested weld (coordinate with weld location as
shown on Contractor's as-built drawings and in accordance
with this Section), area, film number, serial number, film
combination, time, source-film distance, angulation and
other pertinent information for each weld tested.
c. Costs for these procedures shall be borne by the
Contractor.
5. Identification:
a. Each welder shall identify his weld with specific code
marking signifying his name and assigned number.
b. The Contractor shall maintain an up to date record of the
welders and the code assigned to each welder.
c. The welder shall mark his code on the pipe, not closer than
3-inches nor farther than 4-inches from a weld.
d. The Contractor shall indicate, on his set of plans for
submittal as record plans (as-built), the location of each
weld by number and the respective welder's identification
code. The identification methods to be used by the
Contractor shall be submitted to the Port of Seattle along
with the respective welder’s qualification test records.

6. Preparation of Pipe Ends for Butt Welding:

a. Repairing pipe ends shall be in accordance with ANSI
B16.25.
b. Shop and field bevels shall be machine cut; manual flame
cutting will not be permitted.

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 7. Backing rings shall not be used.
8. All welds shall have full penetration and fusion and shall conform
to ASME B31.3, normal fluid service.
9. Align pipe joints with pipe clamps prior to welding. Clamps or
other alignment devices shall not reduce the internal pipe
diameter.
10. Any weld or weld repair, once started, shall be continued until the
weld has been completed.
11. Defective welds shall be repaired or redone, in accordance with
ASME B31.3 at the Contractor's expense.
12. Repairs to defective welds shall not be made prior to
authorization. The Port of Seattle will determine if repairs may be
made or if the entire joint must be cut out and welded again.
13. Weld metal shall not project within the piping at completion of the
welding. All weld material and burrs protruding outside the pipe's
outer surface shall be ground smooth. This does not pertain,
however, to normal stringer beads and weld caps.
14. Prior to welding, each joint shall be cleaned and all rust and loose
debris and contaminants removed.
15. Any welder producing the greater amount of the following shall be
prohibited from performing additional welding on this contract.
a. A total of three defective welds.
b. A number of defective welds which exceeds one percent of
the total welds on the fuel pipe for this contract.
16. The Contractor shall count and submit the number of total fuel
pipe welds on this contract prior to commencing work.
2. Radiographing and Magnetic Particle Testing:
1. All Testing Laboratory's reports shall be submitted, to the Port of
Seattle, throughout the progress of the work, and the Contractor
and the Port of Seattle will be notified of any encountered
deficiency.
2. Reports of all radiographing and magnetic particle testing will be
prepared in accordance with the requirements of ASME B31.3 for
the jet fuel pipe and API 1104 for the casing pipe as applicable.
The reports shall include welder's code, weld identification and
description, whether the weld meets the specification
requirements, the film type and size, and remarks on
imperfections. All subsequent report formats shall be in
accordance with the requirements of Section IX of the ASME
Code.
3. Test results and Radiograph exposure film negatives will be kept
on file with the Port of Seattle; the record for such tests or
negatives will show the date, location of tested weld (coordinate
with weld location as shown on Contractor's as-built drawings and

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 in accordance with Subparagraph 3.06.A.5.d.), area, film number,
serial number, film combination, time, source-film distance,
angulation and other pertinent information for each weld tested.
4. A summary of these records along with an expert interpretation of
the tests will be prepared by the testing laboratory and submitted
in a report form for each weld, to the Port of Seattle. Copies of
these reports will be made available for the Contractor's
information at the office of the Port of Seattle.
5. All welds shall be left exposed until all testing (radiographing and
magnetic particle) is completed and welds have been accepted by
the Port of Seattle. This also includes the installation of
secondary containment piping, backfill or corrosion protection
coatings.
6. Welds which do not meet the standards of acceptability as
outlined in the above mentioned ASME B31.3 and API 1104 will
be judged unacceptable and shall be repaired or cut out and re-
welded by the Contractor as directed by the Port of Seattle at no
additional cost to the Port. Repaired and re-welded joints shall
then be re-radiographed. If the same joint, after the second
welding and radiographing fails again, then the weld shall be cut
out and replaced at no cost to the Port of Seattle.
7. The costs of re-radiographing of welds including the cost of
preparing the accompanying reports and interpretations made by
the Testing Laboratory, and the cost of performing such retesting
will be the responsibility of the Contractor.

3.02 SHOP-APPLIED EXTERNAL PROTECTIVE PIPE COATING FOR JET FUEL

PIPE
1. Coating system shall be applied either in the pipe manufacturer's mill or in
the shop of an approved custom external wrapper.
2. The shop-applied external protective pipe coating system shall be fusion
bonded epoxy coating and shall meet the following specifications:
1. Surface preparation, material, application, testing, inspection
handling, storage and field installation shall be in accordance with
the applicable requirements of AWWA C213, Fusion Bonded
Epoxy Coating.
2. Be applied in accordance with NAPCA Bulletin 12-78-83.
Application Specifications Mill Applied Fusion Bonded Epoxy
Coatings. Apply epoxy power to piping electrostatically.
3. Surfaces shall be abrasive-blasted in accordance with SSPC
SP10, Near-White Metal Blast Cleaning.
4. Abrasive blasting shall be coordinated with coating application,
which shall be applied as soon as possible after blasting. If
blasted surface remains uncoated overnight, it shall be reblasted.

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 5. Care shall be taken to prevent grease, oil, or other organic matter
from contacting the blasted surface prior to application of the
prime coat.
6. All burrs and rough protrusions on the outer surface of the pipe
shall be ground smooth prior to coating.
7. Apply coating with a uniform thickness of 14 to 16 mils.
8. Dry film thickness shall be spot checked at random on ten percent
of the coated surfaces. If film thickness is not found to be uniform
and to specification, the Contractor shall be required to apply
additional coats at no cost to the Owner until the specified film
thickness has been obtained. Dry film thickness is to be checked
in the shop prior to shipment by the Contractor at his expense.
9. Provide a 3-inch cut back from each end.
3. The coating shall be Holiday tested in the shop prior to shipment.
Surfaces shall be checked for defects using a low-pulse electronic
Holiday detector at setting recommended by the coating manufacturer.
Repair Holidays with field-applied coating material specified.
4. The Contractor shall secure the services of an Independent Testing and
Inspection Laboratory and Manufacturer’s Technical Representative to
witness the coating application and testing and to certify that the pipe and
fittings were prepared, cleaned, and coated using methods and materials
conforming with the specifications.
5. In addition to shop testing, Holiday test all coatings prior to backfilling in
accordance with the applicable requirements as specified in Inspection
and Testing.
6. The Contractor shall also certify that the pipe was cleaned and coated
using methods and materials conforming with the specifications.

3.03 SHOP-APPLIED INTERNAL EPOXY LINING (COATING)

1. All fuel pipe and pipe fittings 2-1/2 inches and larger in size shall be
internally coated in the manufacturer's shop or in the shop of an approved
internal epoxy applicator with a two coat epoxy system in accordance with
the following specifications:
1. Remove all grease or oil by thorough cleaning using an oil-free
solvent conforming to SSPC-SP-1.
2. Sandblast inside of pipe to "white" metal, conforming with SSPC-
SP-5. No rust preventative coating material or other temporary
coating shall be applied after sandblasting and before application
of the internal epoxy coating. Internal coating shall be applied
immediately after completion of sandblast.
3. Apply one coat polyamide cured two-component epoxy resin
primer; color shall be ivory. The thickness of the cured primer shall
be not less than 3.0 mils but shall not exceed 4.0 mils. Before the
primer cures, wipe the ends of each pipe or fitting back to

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 approximately 2 inches from the end. Masking the ends will not be
acceptable as a thin film of pain is desired to prevent rust until
installation of the material.
4. The prime coat shall be allowed to dry at approximately 70
degrees F for a minimum of 12 hours and a maximum of 72 hours
before the second coat is applied.
5. Apply one coat of polyamide-cured, two-component epoxy resin
protective top coating at a temperature of approximately 70
degrees F; the color shall be off-white. The cured thickness of the
topcoat shall be not less than 3.0 mils but shall not exceed 4.0
mils. Before the topcoat cures, wipe the ends of the pipe or fitting
back to approximately 2 inches from the end.
6. The Contractor shall secure the services of an approved
Independent Testing and Inspection Laboratory to witness the
internal epoxy lining and to certify that the pipe and fittings were
prepared, cleaned, lined using methods and materials conforming
with the specifications.
7. The ends of pipe shall be capped using suitable plastic caps
secured with a double wrap of 2-inch wide pressure sensitive
tape.
8. All applications shall be in accordance with the manufacturer's
published instructions.

3.04 INSPECTION AND TESTING

1. GENERAL
1. The Contractor shall submit to the Port of Seattle for approval,
detailed procedures for inspection and testing.
2. The Contractor shall furnish all temporary equipment and
connections as required, including testing instruments
connections, gauges, pipe and hose connections, and other items
specified or required to provide the inspection, flushing and testing
specified.
3. Perform holiday testing of coating systems installed on all piping
under this Contract prior to backfilling, and also for coating repairs
at connections to existing pipes.
4. All pneumatic testing and pigging operations shall be performed
with dry nitrogen or dry compressed air. Air compressors shall be
equipped with a refrigerated condensate dryer system and filter
capable of generating oil-free air at -20 degrees F dew point.
5. Water shall not be used for testing or flushing fuel pipelines.
6. The Contractor shall perform preliminary pneumatic testing before
piping joints are coated and wrapped, concealed with backfill, or
other construction or casing pipe.
7. Electrically test all insulating flanges and joints.

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 8. The Contractor shall apply the specified test pressures by nitrogen
cylinders or generators, air compressors or liquid pumps
connected to the piping.
9. The Contractor shall be fully responsible for providing qualified
and experienced personnel to operate the equipment and perform
the work throughout the testing, inspection, and flushing
operations.
10. The Contractor shall obtain, at his expense, all necessary
approvals, acceptances and permits as required.

2. INSPECTION OF PIPE COATINGS

1. The Contractor shall make a detailed inspection with a high
voltage holiday tester of all pipe and fittings, wrapping and coating
systems, shop and field applied after installation in the trench and
prior to backfill.
2. Holiday-tester voltage shall not be higher than the manufacturer's
recommended voltage for the coating tested. Testing shall be for
holidays only and not to test the dielectric strength of the coating
materials.
3. All holidays and damaged coating shall be repaired at the
Contractor's expense.
4. All holidays shall be repaired as specified in Coatings for
Corrosion Protection.

3. TESTING OF INSULATED FLANGES AND JOINTS

1. Each insulating flange and joint assembly shall be tested by an
approved testing laboratory provided by the Contractor using an
approved ohmmeter.
2. Ohmmeter used shall have at least 20 megohms, full scale
deflection when using the meter's highest DC resistance multiplier
setting.
3. Ohmmeter tests shall be made when flange assembly is dry, using
the highest multiplier setting, and shall indicate infinity when
measured between each stud and each flange, as well as
between flanges.
4. Each insulating flange assembly shall be field tested after
installation with a 1000-volt "Megger" and shall have a minimum
resistance of 20 megohms at 1000 volts between each stud and
each flange (when dry) as well as between flanges.
5. Submit certified report issued by the approved independent testing
laboratory to the Port of Seattle identifying insulating flange
assemblies tested with the recorded resistance values for each
assembly.

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 6. Upon completion of hydro-testing, wrap the edge of each flange
set with cold applied pipe coating tape to prevent debris from
shorting the flanges.

4. PNEUMATIC TEST FOR FUEL PIPE

1. The Contractor shall pneumatically test the piping assembly using
compressed dry nitrogen or dry compressed, in accordance with
ANSI B31.3, paragraph 345.5. Testing shall only be performed
after assembly has been installed. These sections shall be
tagged by the Contractor after successful completion of testing to
indicate compliance.
2. The test shall be held at 25 psig to perform an initial check of all
flanged or threaded connections.
3. After the initial check, the pressure shall be raised gradually in
steps providing sufficient time to equalize strains during tests, to a
final test pressure of 100 psig and hold for one - 4 hour test.
4. Soap each flanged or threaded joint and carefully inspect for
leaks. Repair any leaks and retest as previously specified.
5. Field coat the joints after successful completion of the pneumatic
test.
6. Holiday test all joint coverings after field wrapping.
7. Pressure and temperature readings for pipes to be pneumatically
tested shall be taken as follows:
a. Temperatures shall be representative of actual conditions.
b. Readings shall not be taken during times of rapid
atmospheric changes. Twenty four-hour pressure testing
cycles and readings shall only be performed during period
of reasonably stable atmospheric pressure. Rapid
changing during a test cycle will require retesting.
c. There shall be no indication of reduction in test pressure
after corrections for temperature and pressure have been
made according to the relationship T1P2=T2P1 where T
and P are absolute temperatures and pressures and
subscripts refer to initial and final readings.
8. Repair defective joints as specified and repeat tests until
approved.
9. Provide certified and calibrated test instruments capable of
recording direct temperature pressure and time in the same scale
and chart.
10. The independent testing laboratory shall provide approved and
calibrated temperature and pressure recording instruments, shall
witness and record all data and shall furnish the Port of Seattle
with a certified copy of the test results.

Page 47 of 57
 11. Upon completion of the installation of the entire length of the fuel
piping, the Contractor shall submit the new system to the
pneumatic test specified herein. This will be in addition to the
testing required at each phase of the new piping installation.

5. HYDROSTATIC PRESSURE TEST WITH FUEL

1. After the jet fuel pipe has been installed, cleaned, radiographed,
holiday tested, pneumatically tested the Contractor shall fill the
system with fuel meeting the requirements of ASTM D1655.
2. Water shall not be used for hydrostatic testing. The Contractor
must remove all air or nitrogen from the piping before testing.
3. Final test pressure: 225 psi
4. Pressure shall be maintained for two 24-hour cycles after pressure
has stabilized; testing shall be performed as follows.
a. Pressure shall be increased in gradual steps to the final
test pressure and maintained for a 24-hour period,
continuously record temperature and pressure. Decrease
pressure to 50 psig or less by venting and then increase it
again in gradual steps to the final test pressure; maintain it
for another 24 hour period, continuously record
temperature and pressure.
b. There shall be no indication of reduction in test pressure
after corrections for temperature and pressure have been
made.
c. The 24-hour recordings shall be made after temperature
and pressure have stabilized and shall be conducted in
accordance with NFPA Codes and API RP1110.
5. The Contractor shall provide chart recorders to provide continuous
temperature and pressure reading variations during the tests.
Recorders shall be calibrated for temperature and pressure
immediately prior to each test. Recorder charts shall be submitted
to the Port of Seattle for approval prior to final acceptance of the
piping. Recorder shall provide direct temperature pressure and
time in the same scale and chart. Thermocouples and pressure
sensors shall be located in the fuel system at locations not subject
to sunlight or other heat sources.
6. Any leaks detected after the first pressure test cycle shall be
repaired. Two pressure test cycles, as described above, must be
completed after all leaks have been repaired. The hydrostatic test
will not be accepted by the Port of Seattle until two consecutive
cycles have been successfully completed.
7. Equipment which is not rated by the manufacturer for the test
pressure shall be removed prior to hydrostatic testing and shall
not be reinstalled until all pressure testing is completed. Install
temporary connections as required. All permanent butterfly valves,

Page 48 of 57
 ball valves and equipment, which are rated at the test pressure or
greater, shall be in place during the hydrostatic tests.
8. All tests shall be certified by the Contractor as to accuracy and
compliance with this specification.

END OF SPECIFICATIONS

Page 49 of 57
SR-3 PRODUCT (GOODS) IDENTIFICATION

The Agreement number and/or Purchase Order number shall appear on all invoices, packing
lists, packages, shipping notices, instruction manuals and other written documents relating to
this Agreement. Packing lists shall be enclosed in each and every box or package shipped
pursuant to this Agreement, indicating the content.
SR-4 DELIVERY

A. Unless otherwise specified in this Agreement, all Goods are to be shipped prepaid,
FOB Destination. The Port requires the Vendor to be prepared for delivery of all
the Goods by March 10, 2017 to Seattle-Tacoma International Airport, 17801
International Blvd, Seattle, WA 98158. When shipping addresses specify room
number, Vendor shall make such delivery thereto without additional charge. This
shall mean that the Vendor will pay the cost of transportation to have the Goods
delivered "free on board" to the designated location. It also shall mean that the
title and risk of loss do not pass until the Goods have been inspected and moved
from the conveyance.

B. If the Port grants specific authorization to ship Goods FOB Shipping Point, Vendor
agrees to prepay all shipping charges, route the Goods by cheapest common
carrier, and invoice the Port as a separate item on the invoice for said charges,
less federal transportation tax. It is also agreed that the Port reserves the right, at
its sole option, to refuse COD shipments.

C. The Vendor shall deliver all Goods to the Port at the designated location as
required by the notice from the Port to the Vendor. Vendor shall pay all shipping
costs. No charges will be paid by the Port for handling, which includes, but is not
limited to packing, wrapping, bags, containers, reels, etc., unless otherwise
specified herein. Unless otherwise stated in the Agreement, the Vendor shall have
the risk of loss until the Goods have been delivered to the appropriate location and
have been inspected for damage, provided that the Port shall make a reasonable
effort to assure that such inspection is conducted as soon as practicable following
delivery.

D. The Vendor agrees to complete the Agreement to the reasonable satisfaction of

the Port, free of all claims, liens, encumbrances and charges, within the
Agreement Time specified in the Agreement Documents.
SR-5 SHIPPING INSTRUCTIONS

All Goods shall be suitably packed to ensure against damage from weather or transportation
and in accordance with the requirements of common carriers. The delivery address and
Agreement number and Purchase Order number shall be clearly marked on the outside of all
packaging. Each shipment must be accompanied by a packing list, which shall reference the
Agreement number and the Purchase Order number, and include item descriptions, part
numbers, and quantities. Any bills of lading, shipping order or the like shall also contain the
above listed information.

Page 50 of 57
SR-6 NOTIFICATION OF SHIPMENT

A. Advance notification of shipment of the Goods is required. Vendor shall notify the
Port's Buyer, Shawn Shinkle, at (206)787-4148, forty-eight (48) hours prior to the
delivery of the Goods. Failure by the Vendor to provide the advance notification
specified herein may result in delays in unloading and receipt. The costs of all
such delays shall not be charged to the Port.

B. Port receiving hours are Monday through Friday, 8:00 AM to 4:00 PM. No deliveries
will be received on Port observed holidays or during any other times unless specific
prior arrangements have been made with the Port's Buyer, Shawn Shinkle, 206-787-
4148.

SR-7 INSURANCE

SR-7 INSURANCE

A. Vendor shall procure and maintain insurance in the following minimum form and
limits. All deductibles or self-insurance retentions are the responsibility of the Vendor.
Vendor may meet required insurance limits through a combination of primary and
umbrella or excess insurance. Any insurance the Port may carry will apply strictly on an
excess basis over any applicable insurance the Vendor may carry. Coverage shall not
lapse or be terminated without the insurer's written notification to the Port, delivered by
mail, not less than thirty (30) days prior to any such lapse or termination. Where
identified below, Vendor shall submit endorsements (Additional Insured Endorsement)
along with a Certificate of Insurance. Vendor shall provide evidence of insurance on
each insurance renewal date, throughout the duration of the Contract.

1. Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or

equivalent) for third party property damage, bodily injury, personal and
advertising injury, and medical payments in an amount which is not less than
$2,000,000 per occurrence and $2,000,000 annual aggregate. The insurance
shall cover liability arising from premises, operations, products completed
operations, and liability assumed under an insured contract. The Vendor’s
insurance shall be primary and non-contributory with respect to any insurance
the Port carries and apply separately to each insured. Port shall be named as an
additional insured for all work arising out of Vendor’s work, including “on-going”
and “completed operations” using ISO Form CG 20 26 or an equivalent
endorsement approved by the Port.

2. Automobile Liability Insurance shall be provided in an amount no less

than the following on a combined single limit basis for bodily injury and property
damage using ISO Form CA 00 01 (or equivalent). The Port shall have a waiver
of subrogation submitted to it from the Vendor’s insurance company; or the Port
shall be included as an additional insured on the automobile policy. Coverage is
to extend coverage to all “owned, non-owned, hired, leased, and borrowed
automobiles” (as defined on ISO Form CA 00 01).

a) The limit of insurance shall be no less than $1,000,000 per

occurrence for all driving other than on the airfield at Seattle-Tacoma
International Airport;

Page 51 of 57
 b) The limit of insurance shall be no less than $5,000,000 per
occurrence for all driving on the non-movement area of airfield operations
area at Seattle-Tacoma International Airport; this may be reduced to
$1,000,000 per occurrence if driving under escort and written notice to the
Port prior to executing the contract.

B. Vendor is responsible for complying with the Washington State laws that pertain to
industrial insurance (Reference Revised Code of Washington, Title 51 Industrial
Insurance) for its employees. Vendor shall submit a current employer liability certificate
as issued by the Washington Department of Labor and Industries that shows the status
of Vendor’s worker compensation account prior to commencing work, including those
Vendors who are qualified self-insurers with the state.

C. All purchased goods from Vendor shall be insured from damage or loss from casualty
events to full replacement value up until the time the ownership of the goods are
transferred to the Port.

D. All work done on Port property by Vendor shall include a written safety plan to comply
with the safety requirement of the Washington Department of Labor and Industries and
Vendor shall designate one on-site employee of Vendor to serve as the safety
supervisor. A written plan shall be submitted to the Port in advance of any work on site.

E. The Port reserves the right to add additional insurance requirements depending
on the nature of the purchase or services procured and the value, length and duration of
the purchase contract, and dependent on which Port property any delivery or installation
of such purchases by Vendor’s employees will take place.

End of Specifications/Specific Requirements

Page 52 of 57
 ATTACHMENT A - BID FORM

To: PORT OF SEATTLE

BID DESK
e-submittals-purch@portseattle.org
SEA-TAC, WASHINGTON 98188

Specifications/Specific Requirements entitled ITB 16-58 Airport Fuel Hydrant Pit &
Hydrant Assemblies, the undersigned hereby proposes to furnish and deliver the
specified Goods in strict accordance with the Agreement Documents for the price(s)
indicated below:

PORT OF SEATTLE
SCHEDULE OF BID PRICES
Item Description Unit Quantity Unit Price Total Price
1. Fuel Hydrant Pit EA 7 x $_______ = $________

2. Fuel Hydrant Assembly EA 7 x $_______ = $________

TOTAL (not to include WSST) $_________

We agree that any "bid quantities" set forth in the Schedule of Bid Prices are estimates only,
having been provided only as a basis for the comparison of Bids by the Port. The Port provides
no representations or warranties, expressed or implied, that the actual amount of Goods will
correspond to those estimates.

We agree that the Schedule of Bid Prices as quoted in the Bid Form are all-inclusive and
includes all material, supplies, equipment, special tools, costs, insurance, permits, all taxes
(exclusive of Washington State sales tax), shipping and delivery, overhead, profit, and all
miscellaneous items to fulfill the Agreement as specified.

We agree to strictly comply with the Agreement Time schedule as specified in the Agreement
Documents. We agree to enter into a written Agreement with the Port in the form included in
the Agreement Documents within seven (7) Days of our receipt of the written Notice of Intent
to Award.

The Port requires delivery of all the Goods by March 10, 2017.

Receipt of Addenda Numbered xxx through xxx are hereby acknowledged.

Page 53 of 57
We agree that this Bid Form as submitted will remain in force for 45 days after the official
opening of Bids.

(Complete, Legal Company Name)

Submitted By:
(Name of Bidder – typewritten or printed)

(Signature and Title)

Address:
(Business Address – typewritten or printed)

Telephone:
Fax:
E-Mail:
Date:

King County SBE No.: _____________________________.

End of Bid Forms

Page 54 of 57
 P.O. Box 1209
Seattle, WA 98111-1209
Tel: (206) 787-3000

ATTACHMENT B – SMALL BUSINESS LETTER

Greetings,

As a part of our Small Business Program, the Port of Seattle is validating our vendor classifications.

Please complete and return the form below:

Company Name:

Vendor ID:

Email:

Is your firm a small business according to the Small Business Administration (SBA) definition?
(Small Business definition SBA Size Standards)

If yes, please check one or more of the boxes below:

Small Contractor and Supplier (SBE), Certified by King County, #:

(SBE definition – http://www.kingcounty.gov/exec/BusinessDev/contractingopps.aspx)

WA State OMWBE Certified, certification #:

(OMWBE definitions – http://omwbe.wa.gov/certification/)
Small Minority Business Enterprise (MBE)
Small Woman Business Enterprise (WBE)
Small Disadvantaged Business Enterprise (DBE)

Other Small Business Enterprise (SBE), per SBA size standards – either self-identified
or certified by another state or organization not listed above
Small Minority Business Enterprise (MBE)
Small Woman Business Enterprise (WBE)
Small Disadvantaged Business Enterprise (DBE)

Please check here if you firm is NOT a small business

You may send this information via email to purchasing.mailbox@portseattle.org, or feel free to
return by mail to:
Port of Seattle
ATTN: CPO Purchasing
PO Box 1209
Seattle, WA 98111-1209

Thank you,
Purchasing Department
Port of Seattle, Central Procurement Office

ITB_BP_GOODS_TEMPLATE_DRAFT_092816
Page 55 of 37
 ATTACHMENT C - AGREEMENT

THIS AGREEMENT is between the Port Seattle (the “Port”) and ___________________________
(the “Vendor”), who, in consideration of the mutual promises contained herein, agree:

1. GOODS

Vendor shall furnish the Good(s) specified or indicated in the Agreement Documents
which are generally described as the Agreement for 16-58 (hereinafter also referred to
as the “Goods”) as specified herein at the ITB 16-58.

2. AGREEMENT TIME

The initial term of this Agreement shall be four (4) years with an Effective Date which
commences on the date of execution by the Port. The Port may opt to purchase
additional units over the life of the agreement and therefore the Agreement may be
extended up to four (4) times for additional 1-year terms, not to extend beyond
December 31, 2021, provided such extension shall be at the sole option of the Port.
The Agreement may be extended for the next term by written notice from the Port to
the Vendor of the Port’s intent to extend the Agreement. If the Port elects to extend
the Agreement, such notice shall be given at least thirty (30) days prior to expiration
of the then current term.

3. AGREEMENT RATES

Vendor shall be paid for the Goods in accordance with the Agreement Documents, at
the Agreement rates set forth below:

NO. GOODS Unit Unit Price

1.
2.
3.
4.
5.

This constitutes the total potential compensation payable to Vendor and shall not
exceed XXX Dollars ($XXX). Said compensation shall fully compensate Vendor for all
risk, loss, damages or expense of whatever character arising out of the nature of the
Goods of the prosecution thereof; and for all expense incurred in the consequence of
the suspension or discontinuance of the Goods as specified under the Agreement.

4. AGREEMENT DOCUMENTS

The Agreement Documents which comprise the entire Agreement between the Port
and the Vendor consist of the following and are incorporated herein.

1. Agreement
2. General Conditions

Page 56 of 57
 3. Specifications/Specific Requirements
4. Insurance Certificate and Additional Insured Endorsement
5. All Change Orders duly delivered after execution of the Agreement

The Agreement Documents set forth above represent the entire and integrated
Agreement between the parties hereto.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate.
One counterpart each has been delivered to the Port and Vendor.

PORT OF SEATTLE

By: By:

Signature Signature

Dated Dated

Address for Giving Notice: Address for Giving Notice:

Port of Seattle, CPO - Procurement
P.O. Box 1209
Seattle, WA 98111 Email:
Phone (206) 787-3237 Phone:

Page 57 of 57