HomeMy WebLinkAboutR-2005-155 Turblex, Inc. Procurement PackageRESOLUTION NO. R-2005-155
RESOLUTION authorizing the City Manager to execute all documents for the
purchase of the Wastewater Treatment Plant Blower Procurement
Package from Turblex Inc.
WHEREAS, the City of Yakima owns and operates a wastewater treatment
facility in accord with applicable Federal, State and Local regulations; and
WHEREAS, In the adopted 2004 Wastewater Facility Plan, Section 6.2.7.6
Option 4 identifies the recommended option for replacing the old existing blowers; and
WHEREAS, A procurement package was put together for the new blowers and
advertised for bid on August 17, and 18, 2005; and
WHEREAS, Bids were opened on September 9, 2005 and Turblex, Inc.
(represented by Wm. H. Reilly & Co.) was the only bidder; and
WHEREAS, The Wastewater Division wishes to purchase the blower package
from Turblex Inc.; and
WHEREAS, all the necessary documents will need to be executed by the City
Manager for the notice to proceed and award the contract; and
WHEREAS, the City Council finds that it is in the best interest of the City to
authorize the City Manager to execute all necessary documents to purchase the
Wastewater Treatment Plant Blower Package, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute all documents for the purchase
of the Wastewater Treatment Plant Blower Procurement Package from Turblex Inc.
ADOPTED BY THE CITY COUNCIL this 4th day of Octob 2005.
ATTEST:
k,,,,,,..„ A
City Clerk
Section 00500
AGREEMENT
THIS AGREEMENT is by and between the City of Yakima (herein called Owner)
and Turblex, Inc. (herein called Supplier).
Owner and Supplier, in consideration of the mutual covenants herein set forth,
agree as follows:
Article 1. WORK.
Supplier shall complete all Work as specified or indicated in the Contract
Documents based on the acceptance by Owner of Supplier's Bid as follows:
The Work is generally described as follows:
Furnish and deliver three single stage centrifugal blowers and all accessories as
described in section 11613. Supplier's field services shall also be included as a
part of this contract. Equipment will be delivered to Contractor for installation.
Article 2. ENGINEER.
The Project has been designed by Black & Veatch Corporation, 710 Second
Avenue, Suite 1160, Seattle, WA 98104, who is referred to in the Contract
Documents as Engineer. Engineer, and its duly authorized agents, are to act as
Owner's representatives and assume all duties and responsibilities and have the
rights and authority assigned to Engineer in the Contract Documents in
connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIMES, LIQUIDATED DAMAGES, DELAYS AND
DAMAGES, DELAY COMPENSATION.
3.1. Contract Times The Contract Times shall be as indicated in the Supplier's
Bid. The Work will be substantially completed within the number of days
indicated in the Supplier's Bid, and completed and ready for final payment in
accordance with the General Conditions on or before the date indicated in the
Supplier's Bid.
City of Yakima
Blower Procurement
PN 132965
00500
-1-
Bid No. 10519
August 2005
3 2 Liquidated Damages. Owner and Supplier recognize that time is of the
essence of this Agreement and that Owner will suffer financial loss if the Work is
not completed within the times specified in Paragraph 3.1 above, plus any
extensions thereof allowed in accordance with the General Conditions. They
also recognize the delays, expense, and difficulties involved in proving in a legal
or arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and
Supplier agree that as liquidated damages for delay (but not as a penalty)
Supplier shall pay Owner $2,000 for each day that expires after the time
specified in Paragraph 3.1 for Substantial Completion until the Work is
substantially completed.
In addition to liquidated damages, Supplier may be liable for damages brought
by other contractors for delays caused by Supplier for failing to perform work by
the specified date or time.
Owner shall have the right to deduct the liquidated damages from any money in
its hands, otherwise due, or to become due, to Supplier, or to initiate applicable
dispute resolution procedures and recover liquidated damages for
nonperformance of this Contract within the time stipulated.
Article 4. CONTRACT PRICE.
Owner shall pay Supplier in current funds, for completion of the Work designated
in Article 1 in accordance with the Contract Documents.
If Owner assigns this Contract to a Contractor, the Contractor shall pay Supplier
in current funds, for completion of the remaining Work designated in Article 1 in
accordance with the Contract Documents.
Article 5. PAYMENT PROCEDURES.
Supplier shall submit Applications for Payment in accordance with the General
Conditions. Applications for Payment will be processed by Engineer as provided
in the General Conditions.
5.1. Progress Payments Owner shall make progress payments on account of
the Contract Price on the basis of Contractor's Applications for Payment as
recommended by Engineer, according to the following Payment Schedule.
City of Yakima
Blower Procurement
PN 132965
00500
-2-
Bid No. 10519
August 2005
Milestone Payment
Engineer's Acceptance of Final 15% of Contract Price
Shop Drawings
Delivery of Equipment to Site and
Acceptance by Engineer and
Contractor
80% of Contract Price
Final Testing and Acceptance Remainder of Contract Price
5.2. Final Payment Upon completion and acceptance of the Work in
accordance with the General Conditions, Owner shall pay the remainder of the
Contract Price as recommended by Engineer.
Article 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between Owner
and Supplier concerning the Work consist of the following:
a. This Agreement.
b. Exhibits to this Agreement.
c. Procurement Performance Bond.
d. Assignment of Procurement Contract
e. Surety's Agreement to Assignment.
f. General Conditions for Procurement Contracts.
g. Supplementary Conditions.
h. Specifications — Division 1 through Division 16.
i. Drawings consisting of 5 sheets, with each sheet bearing the following
general title:
City of Yakima
Yakima Regional WWTP
Phase 1 Facility Improvements
j. Addenda 1 through 1
City of Yakima
Blower Procurement
PN 132965
00500
-3-
Bid No. 10519
August 2005
k. Supplier's Bid.
I. Documentation submitted by Supplier prior to Notice of Award, marked
Exhibit A .
m. All Written Amendments and other documents amending, modifying, or
supplementing the Contract Documents pursuant to the General
Conditions, which may be delivered or issued after the Effective Date of
the Agreement and are not attached hereto.
There are no Contract Documents other than those listed in this article. The
Contract Documents may be amended, modified, or supplemented only as
provided in the General Conditions.
Article 7. PROCUREMENT CONTRACT.
Supplier acknowledges that this Procurement Agreement will be assigned by
Owner to a Contractor, in accordance with the Supplementary Conditions, and
hereby approves and consents to such an assignment.
Article 8. MISCELLANEOUS.
a. Terms used in this Agreement, which are defined in Article 1 of the
General Conditions, will have the meanings indicated in the General
Conditions.
b. Owner will assign this agreement to the Contractor as set forth in the
Surety's Agreement to Assignment Form. No other assignment by a
party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys
that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this
restriction may be limited by law); and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will
release or discharge the assignor from any duty or responsibility under
the Contract Documents.
c. Owner and Supplier each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect of all
covenants, agreements, and obligations contained in the Contract
Documents.
City of Yakima
Blower Procurement
PN 132965
00500
-4-
Bid No. 10519
August 2005
d. The business address of Supplier given herein is hereby designated as
the place to which all notices, letters, and other communication to
Supplier will be mailed or delivered. The address of Owner appearing
herein is hereby designated as the place to which all notices, letters,
and other communication to Owner shall be mailed or delivered. Either
party may change its address at any time by an instrument in writing
delivered to Engineer and to the other party.
IN WITNESS WHEREOF, Owner and Supplier have signed this Agreement.
One counterpart each has been delivered to Owner, Supplier, Surety, and
Engineer.
This Agreement will be effective on October 11, 2005.
OWNER. City of Yakima
ByC-.\A\VV.-;
Richard A. Zais, Jr.
Title: City Manager
Address for giving notices
129 No. 2nd St.
Yakima, WA 98901
Attest:
au.
Karen S. Roberts, City Clerk
City of Yakima
Blower Procurement
PN 132965
SUPPLIER. Turblex, Inc.
B
, e,- ,7///'�
Title: V,
Address for giving notices
/SLS v gra /h 47
"120 i -reg
End of Section
00500
-5-
Bid No. 10519
August 2005
Exhbbi+ A
TURBLEX
1635 W Walnut Street
iso-soo,
Springfield, Missouri 65806-1643
��RTIFIEo
INC.
September 6, 2005
City of Yakima
City Clerks Office
129 North Second St.
Yakima, WA 98901
Ph: (509) 575-6037
Fax: (576) 6614/6365
Telephone (417) 864-5599
Facsimile (417) 866-0235
Email- turblex c(�turblex.com
Subject: City of Yakima, WA — 2005 Yakima Regional WWTP Blower Procurement Package
Contract No. 1 — Procurement of Single Stage Centrifugal Blowers
Bid No. 10519
Turblex Reference No. T3902-tw, September 6, 2005
To Whom It May Concern:
We are pleased to attach one (1) original and one (1) copy of the bound procurement documents with
proposal and support data for the Cly of Yakim i ma's consideration.
atioi i.
Best regards,
D. Scott Matthews
Regional Sales Manager
TURBLEX INC.
2437 N.E. Old Paint Road
Lee Summit, MO 64086
Ofc. (816) 525-7019
Fax (816) 525-7093
Cell (816) 588-6054
Email: smatthews@turblex.com
Web: www.turblex.com
Enclosures
AR
One (1) Set - Original Procurement Documents with Bid Security in the form of a Bid Bond
One (1) Copy— Procurement Documents
One (1) Turblex Proposal with support data
cc: Mike Rielly of Wm. Rielly & Co, Turblex Representative
Scott Matthews, Turblex Regional Sales Manager
n.��� Inmr_nt,nnf�T�tln2-ni 11- rinr vv
BIDDER (Name and Address):
TURBLEX. INC.
PENAL SUM FORM
BID BOND
1635 West Walnut Street
Springfield, Missouri 65806=-164
SURETY (Name and Address f Principal Place of
GREAT AMERICAN INSUR)
COMPANY
5$0 Wal mill Street
Cincinnati, Ohio 45202
OWNER (Name and Address):
CITY OF YAKIMA
129 North Second Street
Yakima, Washington 98901
RTn
BID DUE DATE: September 9, 200
5
PROJECT (Brief Description Including Location):
2005 Yakima Regional WWTP Blower Procurement Package
Bid No 10519
BOND
BOND NUMBER: BBSU
DATE (Not later than Bid due date): Atica St 30, 7005
PENALSUM.FIVE PERCENT of the total amount of the bid
(Words)
(.5%
(Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject tothe terms printed on
n
the reverse side hereof, do each cause this Bid Bond to be duly executed on s behalf by its authorized
orized o ficei, agent,
or representative,
EEDJ ER
T1R.BLEX,. INC.
Bidder's Name and Corporate Seal
By:
(Seal)
Signature and Title
Attest: aJ TVA +�
Signature and Title
SUR 1 Y
BEAT AMERICAN ' NSURANC
70 5 /7
By:
Signature an
(Attach P e' of ..aornev)
Martha J.. Chas , Pttonet' —i n•=Fact
Attest:
Signature a
Note: (I) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where
applicable.
E.JCDC NO. 1910-28-C (l 996 Edition) 00410-1
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to OWNER upon default of
Bidder the penal sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing
by OWNER) the executed Agreement required by the
Bidding Documents and any performance and payment
Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1. OWNER accepts Bidder's Bid and Bidder
delivers within the time required by the Bidding
Documents (or any extension thereof agreed to in writing
by OWNER) the executed Agreement required by the
Bidding Doc uucttS and
any performance and payment
Bonds required by the Bidding Documents, or
3,2. All Bids are rejected by OWNER, or
3.3. OWNER fails to issue a Notice of Award to
Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed to in writing
by Bidder and, if applicable, consented to by Surety
when required by paragraph 5 hereof),
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default
from OWNER, which notice will be given with
reasonable promptness, identifying this Bond and the
Project and including a statement of the amount due.
5. Surety waives notice of and any and all defenses based
on or arising out of any time extension to issue Notice of
Award agreed to in writing by OWNER and Bidder,
provided that the total time for issuing Notice of Award
including extensions shall not in the aggregate exceed
120 days from Bid due date without Surety's written
consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default
required in paragraph 4 above is received by Bidder and
Surety and in no case later than one year after Bid due
date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located,
S. Notices required hereunder shall be in writing and sent
to Bidder and Surety at their respective addresses shown
on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States
PENAL SUM FORM
Registered or Certified Mail, return receipt requested,
postage pre -paid, and shall be deemed to be effective
upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power or Attorney evidencing the
authority of the officer, agent or representative who
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this
Bond shall be deemed to be included herein as if set forth
at length. If any provision of this Bond conflicts with any
applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in
conflict therewith shall continue in full force and effect.
11 The term 'Bid" as used herein includes a Bid, offer
or proposal as applicable.
EJCDC NO. 1910-28-C (1996 Edition) 00410-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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On August 30, 2005 , before me,
Date
personally appeared
}ss.
Lena Melkonian, Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
Martha J. Chase
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Name(s) of Signer(s)
lZ personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on_the instrument the person(s), or
the entity' upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand
Signature of Notary Public
VY I /V/VHL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date.
Number of Pages:
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signer's Name.
❑ Individual
❑ Corporate Officer — Title(s)
❑ Partner — ❑ Limited ❑ General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing.
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el 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nalionalnolary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800876-6827
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 ° FAX 513-723-2740
The number of persons authorized by No 0 14194
this power of attorney is not more than ONE
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful
attoneyin fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of
suretyship executed under this authority shall not exceed the limit stated below
Name Address Limit of Power
MARTHA J CHASE LOS ANGELES, UNLIMITED
CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 24th day of , iUNE ,
2004
GREAT AMERICAN INSURANCE COMPANY
Attest
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 24th day of .JUNE , 2004, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn,
deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority
DAVID C. KITCHIN (513-369-3611)
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993
RESOLVED That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of there, be and hereby is
authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and
contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority, and to
revoke any such appointment at any time.
RESOLVED FURTHER. That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretory of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the originalsignature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affiXed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 30th day of, August , 2005.
S 1029T (11/01)
i
1
Section 00300
BID FORM
PROJECT IDENTIFICATION:
2005 Yakima Regional WWTP Blower Procurement Package
THIS BID IS SUBMITTED TO:
City of Yakima
City Clerk's Office
129 North Second St
Yakima, WA 98901
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter
into an agreement with Owner in the form included in the Contract Documents to
perform and furnish all Work as specified or indicated in the Contract Documents
within the specified time and for the amount indicated in this Bid and in
accordance with the other terms and conditions of the Contract Documents.
2. Bidder accepts all of the terms and conditions of the Invitation to Bid and the
Instructions to Bidders, including without limitation those dealing with the
disposition of bid security. This Bid will remain subject to acceptance for 90 days
after the day of bid opening. Bidder will sign and submit the Agreement with the
Bonds and other documents required by the Bidding Documents within 15 days
after the date of Owner's Notice of Award.
3. In submitting this Bid, Bidder represents that:
a. Bidder has examined copies of all the Bidding Documents and of the
following Addenda (receipt of all which is hereby acknowledged):
No. �-- Dated SePilno.{ R 01."1 Z ocp
No. Dated
b. Bidder is familiar with and has satisfied itself as to all federal, state, and
local laws and regulations that may affect cost, progress, performance,
and furnishing of the Work.
c. Bidder certifies that the equipment furnished will comply with the
Contract Documents.
City of Yakima 00300
Blower Procurement -1- Bid No 10519
PN 132965 August 2005
Bidder has given Engineer written notice of all conflicts, errors,
ambiguities, or discrepancies that Bidder has discovered in the Contract
Documents and the written resolution thereof by Engineer is acceptable
to Bidder, and the Contract Documents are generally sufficient to
indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
e. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm, or corporation and is not submitted in
conformity with any agreement or rules of any group, association,
organization, or corporation; Bidder has not directly or indirectly induced
or solicited any other Bidder to submit a false or sham Bid; Bidder has
not solicited or induced any person, firm, or corporation to refrain from
bidding; and Bidder has not sought by collusion to obtain for itself any
advantage over any other Bidder or over Owner.
f. Bidder agrees to assignment of the Owner's rights and responsibilities
to Contractor as set forth in these documents.
4. Bidder will complete the Work for the following price:
a. Lump Sum Base Bid
Washington State Sales Tax at 8.2%
Total Base Bid (Lump Sum Base Bid
plus Washington State Sales Tax)
$
iOct
65-
/7i/ 7 9
—Lie 7
1
The lump sum base bid stated above includes all other applicable taxes.
The lump sum base bid shall not include the price of Bid Alternative 1.
b. Bid Alternative 1 (adder) — Vibration and
Temperature Detectors in accordance
with section 11613, paragraph 2-7.09
Washington State Sales Tax at 8.2%
Total Bid Alternative 1 cost plus
Washington State Sales Tax
$
o.
2 7 cit?
All other applicable taxes for this bid alternative are included in the price of
Bid Alternative 1.
City of Yakima
Blower Procurement
PN 132965
00300
-2-
Bid No 10519
August 2005
A
5. Bidder recognizes that time is of the essence of the Agreement and that the
Owner will suffer financial loss if the Work is not completed by the date indicated
below. Bidder agrees that the Work in the Contract Award shall be completed by
the following dates. Completion shall mean completed and ready for final
payment in accordance with Paragraph 13.7 of the General Conditions.
Initial Submittal of Detailed Shop Drawings: 15 calendar days after
Notice of Award
Substantial Completion (Delivery to Jobsite): 294 calendar days after
Notice to Proceed
Actual delivery date of equipment will be scheduled and coordinated with the
Contractor.
6. Communications concerning this Bid shall be sent to Bidder at the following
address:
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5mattlnevs e kurblex Corr\
7. The terms used in this Bid, which are defined in the General Conditions
included as part of the Contract Documents, have the meanings assigned to
them in the General Conditions.
SIGNATURE OF BIDDER
If an Individual
By
doing business as
Business address
K1 /A
(signature of individual)
Phone No.
City of Yakima
Blower Procurement
PN 132965
00300
-3-
Bid No 10519
August 2005
Date , 20
If a Partnership N /A
By
(firm 'name)
(signature of general partner)
Business address
Phone No
Date
—If a Corporation
By
By
, 20
(corporate,
(signature
?RE-- S ere
a
e
nzeperson)
tl
(title)
Business address I lob W Q - ST
� t crCc�Lf�VIAD ) bQb–ibp
Phone No C41-7) 3L7L_ C et)c1
Date
City of Yakima
Blower Procurement
DNI
End of Section
00300
-4—
,20Dc7
Bid No 10519
August 2005
SEALED BID NO : 10519
DUE DATE: September 9, 2005 @ 2:OOpm
BID NAME• Centrifugal Blower
DEPARTMENT. Waste Water Treatment
CITY OF YAKIMA
BID TABULATION & COMPARISON SHEET
Page 1
�i .. J. i 'ILL u '1./-11....1.1.4-1.1. 1Jti1.0
VENDORS
AWARD AND REASON THEREFORE:
I recommend award to Turblex,
on their bid being the only responsive
Inc.
(both base bid and alternate bid) based
and responsible bid received.
/t Ju)DS
Turblex Inc.
Turblex Inc.
Alternate Bid
PURCHAr SI4�TG MANAGER/DA TE
ITEM
NO.
OTY
UNIT
DESCRIPTION
1.
3
Units
Furnish and deliver three single centrifugal blowers
and all accessories as described in section 11613.
1,109,465.00
30,480.00
Sales Tax / Rate.
90,082.00
2,499 00
TOTAL:
1,199,547.00
32,979.00
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *10
For Meeting Of 10/04/05
ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute all
documents for the purchase of the Wastewater Treatment Plant Blower
Procurement Package from Turblex, Inc.
SUBMITTED BY: Dave Zabell, Assistant City Manager-�
CONTACT PERSON/ TELEPHONE: Max Linden, Wastewater Utility Engineer
(509) 249-6814
SUMMARY EXPLANATION:
Staff respectfully requests City Council consideration of a resolution authorizing the City
Manager to execute all documents for the purchase of the Wastewater Treatment Plant
Blower Procurement Package for the Yakima Regional Wastewater Facility Improvements.
In the adopted 2004 Wastewater Facility Plan, Section 6.2.7.6 Option 4 identifies the
recommended option for replacing the old existing blowers. A Procurement Package was
put together for the new blowers and advertised for bid on August 17, and 18, 2005. Bids
were opened on September 9, 2005 and Turblex, Inc. (represented by Wm. H. Reilly & Co.)
was the only bidder. The Lump Sum Base Bid was for $1,199,547.00 (with sales tax) and an
additional $32,979.00 for Bid Alternate 1. The total of this contract will be $1,232,526.00.
Resolution X Ordinance _ Contract _ Other (Specify)
Funding Source: 478 Wastewater Treatment Plant Improvements (Project # 2055 Budgeted)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-155
BOND NO. FS 4 54 88 05
PREMIUM: $12,325.00
EXECUTED IN ORIGINAL ONLY
Procurement Performance Bond
Any si-isular reference to Cent -actor. Surety. Owner or ocher party shall be considered plum! where acplicable.
CONTRACTOR Name and Addrre=):
TURBLEX, INC.
1635 WEST WALNUT STREET
SPRINGFIELD, MISSOURI 65806
OWNER {?dame anal Addrea):
CITY OF YAKIMA
129 NORTH 2nd STREET
YAKIMA, WASHINGTON 98901
SURETY (`tame and Principal Place of 8usirsoss):
GREAT AMERICAN INSURANCE COMPANY
580 WALNUT STREET
CINCINNATI, OHIO 45202
PROCIrREUENT CONTRACT
Data: OCTOBER 11, 2005
Amount: ONE MILLION TWO HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED TWENTY-SIX AND NO/00
Otscriprion (Nunn and Location):
($1,232,526.00) DOLLARS
FURNISH AND DELIVER THREE SINGLE STAGE CENTRIFUGAL BLOWERS
AND ALL ACCESSORIES AS DESCRIBED IN SECTION 11613 - BID NO. 10519
BOND
lute (Not earlier thzsz Procurement. Contract Dam): OCTOBER 28 , 2005
Amount: ONE MILLION TWO HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED TWENTY-SIX AND NO/00
Kndificxtians to this Send Form: ($1,232,526.00) DOLLARS
CONTRACTOR AS' PRINCIPAL
Con:ma:ay: TURBLEX,
UUURBLEX, INC.
Name z.nd T'ade: 000,74e,- , 72i
(Corp. Seal) Carne
CONTRACTOR AS PRINCIPAL
Compaxsy: (Corp. Sezl)
Signature:
`tame and Tide:
PROCUREMENT
Q5GI85
SFputure
Name an tic: Martha . hase
Attoev-i► -Fact
SURETY
Company:
Si vinare:
Name end retie:
FS-!
prifey
(Corp. Seal)
.. The Contractor and :".e Surety, jointly tnd :everuly bund therthxives.
etr nee:. exec-utor. adrntnixt;scats. tttcteesors arid tiers :a :%o
Owner for the tenor:nance of :ha Procurement Contract. which :S
incorporated herein by reference.
Z. If :he Connector perforans the Procurement Contract. the Surety Ind
the Conaatctar :till :12ve no aohi{x :on under tins 3on4. except to
tarnemste as :onier_tuns as provided :n Sua.'par 4 1pt 3,1.
3. It there z ao Owner Default. me Surety's activators. fader 'hu 3ond
:frail arise after:
3... The Owner his notuleed the Connector and the Surety u dtt
address desxbeed in Paragraph lQ below, nut tate Owner u :on.
:Warm; decar:sg 1 Connector Default Ind !sass requested and
arrempted :o ants a ;on.ter=nce with e'''wes Coatxactor axil the
Surety to be hind act atm mut fifteen days atmr r=cpt of suet
notice to discus methods a( performing that Prociatenteru
Concis lar the Owner. the C:sts:ae:xor and the Surety wee. the
Connector atoll be thawed z rasonaois :m* to perform the
Procurement Contract.. but arch an a;.�xraait dull tot warm
the Owner's r t.:f any..mnxquenny. to dre:aar a Cants tzar
Default, and
3.2. The Owner lists deeaxed r Connector Din'etalt and formxllY ar
=sated. the Contrac'tor's num to complete the contract. Such.
Connamor Defauzlt.shall tat De dee?srall rattier :Inert retort doll
arras he Coultera>: and the Surety lane. recaxv+ed :totes. u
traveled in Satiparavaph 3.k: arid
3,1. The Owner haat agreed to pay the Ha,la:arat of that Coons= Price
to the Surety as. axxa 4usstae mitt the :ernes: of this PYtae:aar ce tint
Codonct or to L contractor stetted to perform the Promxxtthent
Contract ha a=sodauscat roar the tarts_ of the contract +pros the
Owner.
4. Wham die Owner has *deed that coodioans of Paxssart$ 3. the
Surety stratt prompr1Y =du the Surety's aap+ante take owe of rho fallow►
Mg =moan
4.L Arxafsa for the. Contac -tor, with consent of the Owner. to
perform and come is tete este ttetient Coax t: or
4.2., Uddertsrs to perform and complete the Pr oostinnent Coma
itatlf.
through its wane or through independent contractors: or
4.3. Obtain bids or oe=auxsart protocols hsasrt qualified contractors
uocptebie tea rets Owner far a =Atria or petiarmancs Ind
compl es:on of tits ? ociarement Corin; arrange for a Contract
to be prepared for execution, by the Owner and tete contractor
selected wttit the earner's conmurencs. to be *coned with 1
perrformasattw..b_and ex,scstaig by. a. quahifld sumcquitsletnt to,
the band iniad out the ? otnzx*mcnt Contra= tad :pais' to the
°Arian the anatxe t 9t danuelea as de eColiPat• :in -Pat rxiyts e`
in sanies .iit.ther Wane* of the Cazttr ct ?rete inose ±`di by the
Owner resulting front the Contractor's default: or
4.4, Waives its region to perform szsd complete, amsage for comptatiaua,
or obtain 1 we connector and with teuctlbis prompcaeas
under the oiro.orrutuscui
1. Ater thvertatatiort., determine the sow= for which i3
nay be Liable to this Owner and, u soca u pratmcabie after
the amooxst is detcxmitert. tender permed dictator to the
Owner: or
2. Deny a beity in whole or in peri and ton* the Owner dt:ag
=dons therefor;
S. It the Surett does not prated as provided in l'au raish 4 with
eliorable ptamptaetxt. the Surety shalt be deemed to be in default on
this goad tiftx,z4 days after moron of an additiand written notice from
the Owner to the Surety denunding that the Sunny perform ire obiigt»
sons under taw ?oats. Ind dee Owner shall be entitled to enforce any
remeiy tvxtlable to the Owner. . die Surety proceeds u provided to
Subpszacaph 4.4. and the Owner refutes the payment taendtaed or the
Suety ttu denied liability, is whoa* or in putt without fvrheer notice the
Owner mull be minded to estfor a any remedy rwlilable to the Owner.
5. After ..e Owner Itis :enninited the Contractor's r.#nc to complete
t: ?ractctement Contract. iOld :f 'lie Surety netts to at: lrsdet Suapaxl•
jpn l,l, sr 4.3 aware. :.Rett :::e responssotltttes of to Surety
:o the Owner dual tot oe treater ;.'tut those oft e Cantraciar utdxr the
?"at...tz:ment Contac:. tad the remortatbtiints of the: Owner to :Re
surer, ,loll root oa nester :^ern rase of the Owner ,order the Procure.
Tent Connect. To the artist of the amount of »'tax 3ond. cut sooner :o
orrtr.Rthmett by »he Dutra/ of the Ulan= of :.hs Contract ?ti= to
ni tgacon of costs and dart es on the Procurement Contract, the Surety
u obii:ptZti was.'tcut duciitatuon fnr:
4.1. The :eaponstaiii es of the Contractor for rornc ion at Weeny*
wort lad corrtpiedon of the Procurement C.aaWxr.:
4.1 Addition= Legal, demon professional :Ad .delay costs :'eas.lrng
horst the C41177r:or'i Default. utd rear::he from :ie scoots or
Whim to sect of the Surety wader ?uasgrape 4: and
o 3. L-qtod.aad -ismteas. or if as :iquulated ctssnastea zre rpec.flect :n
-.7e Procurement Canauct. scrum =nave. =aura by delayed
,oettox tants or nae-cer•Xatrtazace of the trntor.
7. The _ ix:try :hail lac Se azbU1 :o :rte Owner or athert :or vblieauotu
of she Cwsaxsetor :ut are uorrlarsd to Use ?tocluerrsemt Canrxe:, aa'd
c.le Aalancs of tsar Cranrsc: ?:.cat mall tat be :cduc:d or et ori on
account of any men unret1.tezt obligat otu. No right of ac --at snail s=ets
oa this 3ortd to sty its or retry ocher duo AltOwner ar its heirs,
mammon. admisnatarx. ar suctsuars.
3. The Surety hereby 'e'er*+ donna et any e.haags. Mciudiatetaneet of
sdme, to this Procuemeht Contract or to :elated SttaCottrial, puxtwslaet
erica Itt4 other ablietttorsa
,day proceeding. regi or mutton* under this 3orrd may be insmuted
xt any eouxt of Psmperrsrttt dt tete lOt t,an to ahseh tete aorx
is regurre:d to ba delivered under the Ploosreussnr Contact and null *
busittissd within two yeas afbtr Connector Defstsdt or within r*o yaws
sem, dx4 Cotsreseror =teed wortiag or sulfa two years at' r ttta Shuler!
refuses or lois to perform ita obligacans under this Band. whichever
ours Cszx.. 1 * prxrvtsionl of this Paxsixspit are void or prohibited
ited
by law. the nnrxnmum peried U Ilmitatian amiable to swedes is 1
dufmst its the juxiadiencn of hs tett snail be applicxbhs.
10. lout* to the Surety, time Owner or he Contractor dull Ns mated
ox delivered to the adrizeta Chown on tits sisftvttuze puede.
11. When this Bond has been tarnished to comply seta a statutory or
other les* retruireme'ait sit the location where the wort s required to be
dxiixered usxdeer the Procurement Contract. any provision :n chit Bond
cattalo t; with said =MUM or Iced rcquirarttcnt scull be deemed
deleted hutfacto. and prosts/oda uniforming ro such statutory or other
Legal: requitement dull DIT desrrled. itexrporzt herein. -The Mars; is
hat alis flood dull bet c nstuei s.a.e. statutory bond end tot u s e:nrri»
mon la* bond.
1 DePbsioous.
12.1. 3alance at the Con= ?riot: The total amount payable by
Use Owner to the Contractor tinder the ?roam:tum It Con -
=tatter all Proper a djust:Parma have !.*vets mule. inCiUd;ng
allowance to the Coatxactor of any atnoantt =erred or to be
waned by the Owner in setttcsstetnt of iruutxtcs or other
' " s for clanates to which the Contractor is cruised.
reduced by chi 'read end proper payments made tis ar on
behalf of alt! Contractor under the Procuremeat• Contract.
12.2. ?mainmast C Crura The agreement between the Owner
usd the Contractor identified on the neurone page, including
xi1 the Contrast Documents and chatty= thereto.
12..3. Connector Default: Failure of the Contractor. which has
tether been remedied not wowed. to petfarrn or otherwise
to comply with the terns of the ?rocurtment Contract.
1:.4. Owner Default: Faust at he Owner. ertsich hat neither been
remedied nor wtread, to pay the Cooaactor es mentren by
the P oc-.tr tntnt Contract or to perform and compute or
comply with the other terms thereof.
(FOR INFORMATION ONLY --- Mame, Address zrtd Ttia+.'ctctse)
AGEN''T OR 3ROK E.R. OWNER'S R.EFRESE NTA,TINT, (Liter*_act, Enezatcr or other per y)
MARTHA J. CHASE BLACK & VEATCH CORPORATION
5455 Wilshire Blvd., Ste 2106 710 Second Ave„ Ste 1160
Los Angeles CA 90036 Seattle WA 98104
(323) 988-4546
PP3-t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
fi
0 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod, No 5907 Reorder: Call Toll -Free 1-800-876-6827
State of California
County of Los Angeles
On October 28, 2005 , before me,
Date
personally appeared
Lena Melkonian, Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
Martha J. Chase
nnlnuunu'nll ENA MELKONIA
N
COMM. # 1399474 ;;
NOTARY PUBLIC - CALlt-ORNIA U)
LOS ANGELES COUNTY '—
My Comm. Expires Feb. 9, 2007
LuuluUIanieu sium tWNYWNWNINNN41NN11NINIItutimmitiim NNUWur
Place Notary Seal Above
Name(s) of Signer(s)
® personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand
OPTIONAL
Signature of Notary Public
eal.
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signer's Name.
❑ Individual
❑ Corporate Officer — Title(s)
❑ Partner — 0 Limited 0 General
Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other
Signer Is Representing
RIGHT THUI
OF SIG
PRINT
R
Top of thumb here
I
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than ONE No. 0 14194
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful
attomeyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of
suretyship executed under this authority shall not exceed the limit stated below
Name
MARTHA J CHASE
Address Limit of Power
LOS ANGELES, UNLIMITED
CALIFORNIA
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 24th day of , JUNE , 2004
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-369-3811)
On this 24th day of JUNE , 2004, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn,
deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said
instrument is such corporate seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by
like authority
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance
Company by unanimous written consent dated March 1, 1993
RESOLVED That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and
contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority, and to
revoke any such appointment at any time.
RESOLVED FURTHER. That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the sante force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directcrs of March i, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 28th day of, October , 2005.
S 1029T (11/01)
TERRORISM COVERAGE RIDER
NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. FS4 54 88 05eftective October 28, 2005
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Governnent, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
TURBLEX/
1635 W Walnut Street
Springfield, Missouri 65806-1643
Telephone (417) 864-5599
'') Facsimile (417) 866-0235
E-mail:¢ turblexCa�turblex.com
Web ite: www.turblex.com
i C i
November 1, 2005
Richard Z. Zais, Jr.
City Manager
City of Yakima
129 No. 2nd Street
Yakima, WA 98901
Subject: Yakima Regional WWTP Blower Procurement Package
Contract No. 1 — Procurement of Single -Stage Centrifugal Blowers
Dear Mr. Zais:
We have received and thank you for your order covering three 3-KA5SV-GL210 machines
and appurtenances. We are pleased to accept your order and have assigned it our job
number 05102937T. Ms. Elizabeth Tran has been assigned Project Manager, and she will
follow the project from engineering through start-up. All technical questions should be
directed to Elizabeth.
Thank you for your order, and we look forward to working with you on this project.
Regards,
Peter Miller
Vice President
pmillerturblex.com
cc: Elizabeth Tran
Guy Mace
Scott Matthews
Michael Reilly
Order Entry
G:\JOBS\2937T\Order_Entry\Acceptance_Itr. doc.sj