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HomeMy WebLinkAboutR-2018-078 Sludge Clarifier Drives Agreement with Ovivo USA, LLC RESOLUTION NO. R-2018-078 A RESOLUTION authorizing a contract with Ovivo USA, LLC , in the amount of$185,782 65 for City Project No 2471, which provides for the replacement of two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accordance with applicable Federal, State and Local regulations, and WHEREAS, the proper operation of activated sludge clarifiers is essential in meeting Federal, State, and Local regulations; and WHEREAS, the Wastewater Division has determined the need to replace the activated sludge clarifier drives to ensure proper operation of the clarifiers, and WHEREAS, the City has prepared the contract documents for the replacement of the clarifier drives, and WHEREAS, the City of Yakima used the procedure established by the State of Washington and used the Municipal Research and Service Center Professional Services Roster process to select a contractor to perform the work, and WHEREAS, the City's Chief Engineer has recommended awarding the contract to Ovivo USA, LLC for replacing two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant, and WHEREAS, Ovivo USA, LLC., submitted the low bid and has the expertise to provide the services necessary to replace the clarifier drives, and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to enter into the contract to replace two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached contract with Ovivo USA, LLC , in the amount of$185,782 65 for City Project No 2471, which provides for the replacement of two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant ADOPTED BY THE CITY COUNCIL this 17rh day of July, 2018 ATTEST Kathy Coffey, or ? s= \,,,a r e Sonya Claar Tee, City Clerk 4 • O CONTRACT COPY THIS AGREEMENT, made and entered into in triplicate, thisZ0— day of Jtay\ , 2018, by and between the City of Yakima, hereinafter called the Owner, and OVIVO USA, LLC., a Limited Liability Company, hereinafter called the Contractor WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows I The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF $185,782.65, for Yakima Regional Wastewater Treatment Plant Clarifier Drive Replacements, City Project No. 2471, all in accordance with, and as described in the attached plans and specifications and the 2018 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Ten (10)working days If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11Ih day after the date on which the City issues the Notice to Proceed If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in-the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima II The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor V It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written Countersigned CITY OF YAKIMA CONTRACTOR this [-GI day of J 2018. / DVi JO , At- ,a/44- l C1-4i itly Corporation b � B : ice City Manager 3 1 1 /2 t CP-( •�L i Ifliter. !ii‘k \;+ (Print Name) �/ (/ /� y� Cit CI:rk � + Its / (President,Owner,etc.) 4�1 I +r :'�i Address VZ LI6 �i1 o a� Roo." �i +�( 3& CITY CONTRACT NO: �1 �C) • RESOLUTION N0: 1 a >1 N `>' SLC (% 3r-//�3 Ovivo USA,LLC % ®I®® Worldwide Experts V 4246 Riverboat Road,Suite 300 Telephone 801-931-3000 `� m Water Treatment Salt Lake City, Utah Facsimile 801-931-3090 84123 USA www.ovivowater.com Via: US Mail July 10, 2018 City of Yakima Attn: Brett Sheffield, PE Engineering Division 129 North Second Street Yakima, WA 98901 Re: Project . Yakima RWTP—Clarifier Drive Replacements City Project No. 2471 Ovivo Proposal No. : 1-15-0052 Subject: You're Purchase Order No.: Yakima City Project No. 2471 Contract Ovivo Sales Order No. RSW0000955 Brett: Ovivo USA, LLC ("Ovivo" or "Seller") is very pleased to have your order covering two (2) replacement Ovivo C4OHT drive units' w/installation services, which we have entered against the subject sales order showing a value of$185,782.65 which includes WA state sales tax (8.2%). This Equipment is furnished in strict and sole accordance with the specifications, terms, conditions and warranties set forth in Yakima City Project No. 2471 contract. Ovivo's Project Manager assigned hereto is Ryan Ward (801-931-3052). He can advise you on job progress and status of drawings. Enclosed are two (2) original purchase order(s) we have acknowledged subject to the conditions stated herein. Kindly return one (1) fully executed original for our file Sincerely, Oviv o USA, LLC LI & Chad Layton Aftermarket Rebuild Specialist cc. Dennis Gleason/TEC PROPOSAL I 1-15-0052 I Page 11 Amendment to Contract for City of Yakima Job No.2471 In the event of conflict between the Contract documents ("Contract") and the Amendment herein, the terms of the Amendment shall control. The parties are City of Yakima ("City") and Ovivo USA, LLC ("Contractor"). Limitation of Liability and Consequential Damage Disclaimer To the extent permissible by applicable law, Contractor shall have no further liability in connection with this Contract in excess of the cost of correcting any defects, or in the absence of any defect, in excess of the value of the equipment supplied hereunder. However, notwithstanding any other provision of the Contract to the contrary, in no event shall Contractor be liable for any punitive, exemplary, special, incidental, or consequential loss or damage suffered by City,or any other party, in connection with this Contract. These limits shall not apply to third party claims based on injury, death, or property damage. For the purpose of this term,the equipment provided in accordance with the requirements of this project shall not be considered property and shall instead be covered under the terms of the warranty herein. These limits shall not apply to claims which are based on the willful misconduct, gross negligence, or fraud of the Contractor. Indemnity Any and all indemnity obligations of Contractor in connection with this Contract shall be limited to the extent of to its negligence or willful misconduct. Time Is Of The Essence Due to this equipment being custom-designed to meet specifications, Contractor shall be relieved of any clauses covering time is of the essence or default that might be invoked on account of late delivery. So long as Contractor is making a reasonable effort to complete the manufacture and shipment of the equipment, even though shipment is late, it shall not be considered in default, subject to damages, nor shall the order be subject to cancellation without payment of appropriate cancellation costs. City of Yakima Ovivo USA LLC ("City") ("Contractor ), r , By: CL1Zir\, By: / ��-''--- Name. C LI F lM G'iJIZ C Name /c b D 62/e_i S Title. `(y ��1 4i =-,4 , -A. Title: ABOLl U) r"\A a-17/10 t 1yl6e. C r / 7 ,i 10 /Z/ Date 1 Z6I I I e Date. CITY CONTRACT NO �``J�c' •-/"'' J��7}�� RESOLUTION NO: A `21-2re -.n` Ovivo USA,LLC 14246 Riverboat Road,Suite 300,Salt Lake City,Utah 84123 USA I Tel:(801)931-3000 I Fax:(801)931-3080 ovivowater.corn CONFIDENTIAL ® DATE(MM/DD/YYYY) AC� �� CERTIFICATE OF LIABILITY INSURANCE 11,28/2018 ATE Wols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NAMEACT 444 W.47th Street,Suite 900 PHONE FAX (A/C.No.Ext): '(A/C,No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS. INSURER(S)AFFORDING COVERAGE NAIC# INSURER A The Travelers Indemnity Company 25658 INSURED VIVO USA,LLC INSURER B Travelers Property Casualty Co of America 25674 1389835 4246 RIVERBOAT ROAD,SUITE 300 INSURER C. SALT LAKE CITY UT 84123 INSURER D. INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER. 15488585 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR; ADDLSUBRI POLICY EFF POLICY EXP LTR' TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX PERSONAL 8 ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER: $ A AUTOMOBILE LIABILITY Y N 8103E0557609 11/28/2017 11/28/2018 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 x ANY AUTO BODILY INJURY(Per person) $ XXXXXXX XOWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY AUTOS Xy HIRED y NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y/N N UB8J385783 11/28/2017 11/28/2018 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A I(Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE $ 1,000,000 i If yes,describe under I I DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT $ 1,000,000 A AUTO PHYSICAL DAMAGE N N 8103F0557609 11/28/2017 11/28/2018 COMP DED.$1,000 COLL.DED.$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT YAKIMA REGIONAL WATER TREATMENT PLANT—CLARIFIER DRIVE REPLACEMENTS,CITY PROJECT NO 2471,OVIVO ORDER #RSW955 THE CITY OF YAKIMA,ITS AGENTS,EMPLOYEES,VOLUNTEERS,AND ELECTED AND APPOINTED OFFICIALS ARE ADDITIONAL INSURED WITH RESPECT TO THE AUTOMOBILE LIABILITY,ONLY AS REQUIRED BY WRITTEN CONTRACT,SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY CERTIFICATE HOLDER CANCELLATION 15488585 CITY OF YAKIMA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 129 N. 2ND STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN YAKIMA WA 98901 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV/ I 1LiI; AI 44 ©1988'015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: P-810-3F057609—IND-17 ISSUE DATE. 02—22—18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company All rights reserved. Page 1 of 1 I TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 06 11 (A)-001 POLICY NUMBER: UB-8J385783-17-43-G NOTICE OF CANCELLATION Except for non-payment of premium by you, we agree that no cancellation or limitation of this policy shall become effective until the number of days written notice specified in item 2 of the Schedule has been mailed to you and to the person or organization designated in item 1 of the Schedule at the address indicated. SCHEDULE 1. Name: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1) YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2) WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS OF THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. aO 0i0 0� 0® (10 2. Number of Days Written Notice: 30 Additional Days 0= This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise m stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) ' Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by DATE OF ISSUE: 02-09-18 ST ASSIGN: Page 1 of 1 000849 POLICY NUMBER: 66458481 COMMERCIAL GENERAL LIABILITY POLICY TERM JUNE 30, 2018 TO JUNE 30, 2019 CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following* COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As per Certificate Holder As required in a written contract or agreement signed prior to loss and not prohibited by law Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ ENDORSEMENT # 25 This endorsement, effective 12:01 AM June 30, 2018 Forms a part of policy no.: 066458481 Issued to: OVIVO INC. (AND AS PER NAMED INSURED ENDORSEMENT) by: AIG INSURANCE COMPANY OF CANADA for: BFL CANADA RISQUES ET ASSURANCES INC PRIMARY/NON CONTRIBUTORY ENDORSEMENT Form CIC0414 02-05 This endorsement modifies insurance provided by the policy. Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations, and any insurance maintained by the Additional Insured shall be non-contributing All other terms and conditions of the policy remain the same. July 25, 2018 Date AIG Insurance Company of Canada POLICY NUMBER. 02LX0679884030/66458481 COMMERCIAL GENERAL LIABILITY POLICY TERM.JUNE 30,2018 TO JUNE 30,2019 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As per Certificate Holder As required in a written contract or agreement signed prior to loss and not prohibited by law. Information required to complete this Schedule, if not shown above,will be shown in the Declarations A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after caused, in whole or in part, by 1. All work, including materials, parts or equip- 1. Your acts or omissions, or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ BFL 1) CANADA 2001 McGill College Avenue,Suite 2200 Montreal,QC H3A 1G1 CERTIFICATE OF INSURANCE T.514 843-3632 11 800 465-2842 F 514 843-3842 N° OVIVU SA-06 / 2018-2019 / 881 THIS IS TO CERTIFY TO: City.of Yakima - -", „ „. 129 North 2nd Street- ' " ' • _ ,„„ Yakirria,;WA 98901 4, USA that the following described policy(ies)or cover note(s)in force at this date have been effected to cover as shown below: NAMED INSURED. OvivoUSA,,LLb " ADDRESS. 4246.Riverboat-Road,suite-300,'56ltrLixecAti,.Ufaliv.84123;illpite6Seates , rr „ Description of operations and/or activities and/or locations and/or vehicles to which this certificate applies: Project:Yakima Regional Wastewater:freatmerit'Plant Clarifier',Orive'ReplaceMentS;eity,Pi'Ojett#247,1,,OViyo'Order4iRSW955: "44, ,• TYPE INSURER POLICY N° POLICY PERIOD LIMIT OF INSURANCE from(mm/dd/yyyy) to(mm/dd/yyyy) Commercial 'AIG Insurance COmpati Ffgrjtppoplfi;A.,,,,'1;_USD.:2;00,0',0,0P Each Obeu Men de-;f, BOdily'l r.116.1,11 P.10..;''. 'General Liability(bc'Cu'rrence Canada -, - &02LX657988403-034'- Form) , • OSID,Z000,000:PolicyAnnual•Aggregate1. :0*, , .4 " " - ',USW;000;000AnnuaF/Mgregatemlrespect of rA,,,P,/ f9c1Pcts,TIc1,§PT14910 Operations LISD,',1,0001,000!Pefsoiialnd'Ad\iaitreing,InjdrY-1-',",-.4:'",,,4., SD 5 000!Med'cal'Expense P.4'" ,„ • , ;' •'• .(•'" '" ;4.;.001k,. ,,USEI100,000„Damages,to,rented premises IncI. ' •-• • Suddeni4' ecicientaiPollution. v n „ ; = 34• b ; vz, ,,4 ,; , •:• ; %,s4. ,4;;;,.4.; 4 " ' ; ` , , y,` " \•!.' 447 ar?'• 5 •,= 4.7r" " -= t - t,"; .•=' = 1!)' A:"• .;=.14' Additional Insured: It is understood and agreed that City of Yakima,their agents, e▪mployees, volunteers, and elected and appointed officials are added as Additional Insureds to the limits carried,not limited to the minimum acceptable as required herein and include Products/Completed Operations coverage for the applicable statute of limitation/repose. Additional Information: Special clauses: Worldwide Coverage Cross Liability&Severability of Interest Clause This certificate is issued as a matter of information only and is subject to all the limitations,exdusions and conditions of the above-listed policies as they now exist or may hereafter be endorsed. Coverage afforded will not be canceled,materially changed or renewal refused until at least thirty(30)days prior written notice has been given to the Buyer and Seller and to each other additional insured identified in these Supplementary Conditions to whom a certificate of insurance has been issued. Limits shown above may be reduced by Claims or Expenses paid. BFL CANADA Risk and Insurance Inc. / Signed in Montreal on July 12,2018 Per. ' Authorized Representative Policy issued via Lockton Companies,LLC,444 W.47th Street,Suite 900,Kansas City,MO 64112 BFL CANADA Risk and Insurance Inc.1 Financial Services Firm bflcanada.ca Bond No.674208690 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS. That whereas the City of Yakima, Washington has awarded to OVIVO USA, LLC (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated Yakima Regional Wastewater Treatment Plant Clarifier Drive Replacements, City Project No. 2471, all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Liberty Mutual Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Massachusetts ,duly authorized to do business in the State of Washington,as surety,are jointly and severally held and firmly bound unto the City of Yakima,Washington, in the penal sum of$ 185,782.65* (Total Contract Amount)lawful money of the United States, the payment of which we jointly and severally bind ourselves,our heirs,executors,administrators and assigns,and successors and assigns,firmly by these presents. *One Hundred Eighty Five Thousand Seven Hundred Eighty Two and 65/100 Dollars THE CONDITIONS OF THIS BOND IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers,mechanics,sub-contractors and materialmen;the claims of any person or persons arising under the contract to the extent such claims are provided for in RCW 39,08.010;the state with respect to taxes imposed pursuant to Titles 50,51 and 82 RCW which may be due; and all persons who shall supply said principal or sub-contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima,Washington,their employees,agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub-contractor in the performance of said work, and shall indemnify and hold the City of Yakima, Washington, its employees, agents,and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract,or from defects appearing or developing in the material or workmanship provided or performed under said contract after its acceptance thereof by the City of Yakima,Washington,and all claims filed in compliance with Chapter 39.08 RCW are resolved and all taxes pursuant to Titles 50 and 51 and 82 RCW have been paid,then and in that event this obligation shall be void, but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington, IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this 17th day of July ,2018. Ovivo USA,LLC use®�ao'�oe' 4246 Riverboat Road,Ste.300,Salt Lake City,UT 84123 •OQvSA oo (Principal) o d J < V l B / \ at_ p,-[E a (Signature) COAPCP >4 b�—r-\' -e Q� °1 Print Name) Approved as to form: 0 2003 / °° /7. ea / �dd9 ( Z/ �(�7�1(TiE�l�W s��6 i Liberty Mutual Insurance Company yAttorney) / 175 Berkeley Street,Boston,MA 02116 (617)357-9500 (Surety) 6yQ._ -- (Signature) Rebecca S.Leal (Print Name) Attorney-in-Fact _ (Title) ' THIS FLOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8056693 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS.That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Christy M.Braile; Laura M Buhrmester;Megan L.Burns-Hasty;Jeffrey C.Carey;Mary T.Flanigan;Tahitia M.Fry;C Stephens Griggs;Rebecca S. Leal;Charissa D Lecuyer; Patrick T Pribyl; Debra J Scarborough;Evan D Sizemore;Charles R.Teter,lii all of the city of Kansas City ,state of MO each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed.any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of April , 2018 jt co �,w iNst, , ;T INsuUy en Q°•°�°<,+7�.�r?P �t;F ,- .c.,s.,.,, The Ohio Casualty Insurance Company N g Liberty Mutual Insurance Company 0)) n o I i"a J ti 1912 }_ 1991ir West,American Insurance Company •N N �fJ `� ;�,.1:,.� .,' ,t '•(I ei" 1 ' 1/7/7/1 G t * '- * * (rou7s Q Bye /_.... _.... >, = STATE OF PENNSYLVANIA ss David M.Carey,,Assistant Secretary C toco +_%L COUNTY OF MONTGOMERY c CU 13 co V On this 6th day of April , 2018,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance d F- O a) Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,(i) p 2 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a)Ill t0 C 0 > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 0 t?_ r 0) = gP PAS? COMMONWEALTH OF PENNSYLVANIA Q M ..'f3 �' 4r1 ruF F! _ w'4'ovp� <{^ < Notanal Seal O 4 c•y h- ,, 'S Teresa Paste,la,Notary Public By• k.e,411J .._...._...___...._.. .._...._....__..— .._....__.. .._...._ i•� O d Of Upper MerionTwp.,Montgomery County Teresa Pastella,Notary Public W C — L �w My Commission Expires March 28,2021 3 m d O Z ✓sYtvP �c, 0 CARY \' Member.Pennsylvania Association of Notaries a c mi This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual .0 e 6,, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: -C e B)U) .... � vs a? ARTICLE IV-OFFICERS-Section 12.Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President.and subject O c aw to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y 0.F,, acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 16 E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney-in-fact under >•Q the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority s V. �,N•Ts ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E 00 > 2 and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, L M O 'i seal,acknowledge and deliver as surety any and all undertakings.bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =00 Z V respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 co Certificate of Designation-The President of the Company.acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I—fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty.Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this day of ,,,,I.,..;() 7 2018 ,20 P`0'Ns?, ,,.tiJ.04,., :1itiiSUA'r ,J �VPC:17,LS2 ,� .,,XF'),,,F'1�. C�ti,;ini, i r o a' o z u 1912 `` 1991 I By: o ,,, Renee C.Llew ssistant Secretary .,,,, ktMvs�ti�;i' �� < * 525 of 1000 LMS_12873_022017 BID SUMMARY ENGINEERS OVIVO USA,LLC Yakima Regional Wastewater Treatment Plant Clarifier Drive Replacements ESTIMATE Salt Lake City,UT CITY PROJECT NO 2471 ITEM Bid Security 50/0 BID BOND NO ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 1 MOBILIZATION 1 I LS $9 650 00 $9,650 00 $14,202.00 $14,202.00 2 CLARIFIER DRIVE UNIT 2 EA $30,000 00 $60,000 00 $27,345 50 $54 691 00 3 EPDXY COATING 1 LS $3,000 00 $3,000 00 S2,000 00 $2.000 00 4 REMOVAL&INSTALLATION 2 EA $40,000 00 $80,000 00 $34,418 50 $68,837 00 5 REPLACE ALL SQUEEGEES ON CLARIFIER ARMS 2 EA $4,000 00 $8,000 00 $6,111 50 I $12,223 00 6 START UP,TRAINING AND ENGINEERING 1 LS $7,500 00 $7,500 00 $7,750 00 $7 750 00 7 REPAIR OR REPLACEMENT 1 FA $12,000 00 $12,000 00 $12,000 00 $12,000 00 I SUBTOTAL $180,150.00 $171,703.00 SALES TAX(8.2%) $14,772.30 $14,079.65 TOTAL I $194,922.30 $185,782.65 1 I I I . I i I I CITY ENGINEERS REPORT �� CITY OF YAKIMA COMPETITIVE BIDS WERE OPENED ON JUNE 14,2018 FL11 Y -�- ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE. ,.. :- Yakima Regional Wastewater Treatment Plant I RECOMMEND THE CONTRACT BE AWARDED TO' fry I:, Clarifier Drive Replacements 9 N (74' ) 'I AWARD MADE BY CITY MANAGER OVIVO USA,LLC. 3 � u• _ PROJECT NO 2471 « • ,*_ - O . Q DATE. March 27th,2014 CO'ZZ.—I� C�����Y� t,�`C •�• S�e, V ��• I O < FILE VWV Clarifier Bid Summary Pub DATE CITY ENGINEER . DATE CITY ER SHEET i of 1 Yakima Regional Wastewater Treatment Plant Clarifier Drive Replacements CITY OF YAKIMA JOB NO. 2471 INVITATION TO QUOTE CITY OF YAKIMA ENGINEERING DIVISION Contractor Kristin Faulkner, Ovivo USA care of TEC 129 NO 2ND STREET YAKIMA, WASHINGTON 98901 Phone 425-691-7101 PHONE 575-6111 Address 249 Main Avenue South Quotations will be received by the Yakima City Clerk until 2:00 pm, June 14, 2018 Suite 107#322 North Bend, WA 98045 PROJECT SCOPE This contract consists of removing two existing Dorr Oliver 48S1 drive units, and supplying and installing two new drive units, along with the required hardware to fit the new drives to the existing structure INSTRUCTIONS TO THE CONTRACTOR Please return your lowest price for the following project by 2.00 p m , June 14, 2018 to the Yakima City Clerk's Office, 1st floor of City Hall If you have any questions call Steve Brown (509)575-6077 The city reserves the right to reject any or all quotations and to accept any or all items at the price quoted The city intends to award this contract within 10 calendar days after bid opening u a�gE R c+ 0, .` ` ,;'i> ,v w.1h„� T ,_ m o � � , %_. .3:,,,„, „„ ,,,,...G.,,,"1,1.x.,c., „, ,,,,, -U.1 1 QUOTE Yakima Regional Wastewater Treatment Plant Clarifier Drive Replacements City of Yakima Job No. 2471 ITEM PROPOSAL ITEM UNIT PRICE AMOUNT NO. PAYMENT SECTION QTY UNIT DOLLARS DOLLARS 1 MOBILIZATION 1 LS $14,202 00 $14,202 00 Per2018 WSDOT Standard Specification 1-0.9.7 2 Clarifier Drive Unit 2 EA $27,345 50 $54,691 00 Per Contract Specification/13 3 Epoxy coating 1 LS $2,000 00 $2,000 00 Per Contract Spec&cation/14 4 Removal and Installation 2 EA $34,418 50 $68,837 00 Per contract Specification 117 5 Replace All Squeegees on Clarifier Arms 1 Lot EA $6,111 50 $12,223 00 Per Contract Specification/15 6 Start up, Training, and Engineering 1 LS $7,750 00 $7,750 00 Per Contract Specification/16 REPAIR OR REPLACEMENT 1 FA $ 12,000,00 $ 12,000.00 Per Contract Specification/18 TOTAL. $171,703.00 — Contractor's Signature: Chad Layton/ t — ( `'/`/ Date: 06 / 13 / 18 3 Yakima Regional Wastewater Treatment Plant Clarifier Drive Replacements CITY OF YAKIMA JOB NO. 2471 SPECIFICATIONS The 2018 Standard Specifications for Road, Bridge, and Municipal Construction published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, by this reference, are made a part of these Contract Documents. Except as may be amended, modified, or supplemented hereinafter, each section of the Standard Specifications shall be considered as much a part of these Contract Documents as if they were actually set forth herein. GENERAL/SPECIAL INSTRUCTIONS 1. Description of Project: This contract consists of removing two existing Dorr Oliver 48S1 drive units, and supplying and installing two new drive units, along with the required hardware to fit the new drives to the existing structure 2. Workmanship: The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the work as described in these specifications Quality of workmanship shall conform to that which is usually provided by the trade in general. Only the best and safest methods of operation in conjunction with the work will be allowed Any variance from the specifications or standards of quality must be clearly pointed out in writing by the bidder A Performance Bond equal to the bid amount shall be required. 3. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable federal, state and local laws and regulations, including, but not limited to, vehicle regulations (WSDOT/HMTUSA/other), environmental laws and regulations (EPA/WDOE/local), and health and safety laws and regulations (OSHA/WISHA/City Safety Codes) 4. Records: The contractor shall maintain operational records at its place of business for a minimum of five years These records shall include point of material pick up, type of material, quantity of material. 5. Prevailing Wages: The contractor will comply with all provisions of Chapter 39 12 RCW - Prevailing Wages on Public Work. A. RCW 39 12 010 - The Prevailing Rate of Wage Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. B RCW 39 12 040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid Before the City may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries Following final acceptance of a public work project, and before any final money is disbursed, each contractor and sub-contractor must submit to the City an Affidavit of Wages Paid, certified by the Department of Labor and Industries C RCW 39 12.070 - Fees Authorized for Approval Certification and Arbitrations Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor 5 6. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor 7. Right to Award: The City of Yakima reserves the right to make contract award by Schedule or on an all or none basis, whichever is in the best interest of the City 8. Submission of Quote: Quote shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 2.00 p m on June 14, 2018 in a sealed envelope labeled Yakima Regional Wastewater Treatment Plant clarifier drive Replacements, with the quote due date written on it. Bidders will not be allowed to adjust their quotes after submission 9. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 10. Coordination: The contractor will coordinate his work with City of Yakima Maintenance Supervisor Steve Brown at 509 575.6077 or 509.424 1564 11. Timing: Successful vendor shall coordinate with contacts listed above as to when work will be accomplished Work shall be completed within 10 working days. On site work shall start no sooner than September 18, 2018 and all on site work shall be completed by November 9, 2018 12. Schedule: On site work shall be scheduled with Steve Brown at least 15 days in advance to allow City time needed to properly empty and clean clarifier and mechanisms. One clarifier drive unit will be out of service and ready for contracted work by the scheduled date A minimum of ten (10) working days shall lapse between start-up and operation of the first clarifier drive replacement and before contractor beginning work on the second clarifier drive replacement. Only one clarifier will be out of service at a time during the replacement project with 10 days lead time between the two replacements to allow adequate time to prep clarifier for the contracted work. Working days will be suspended during the scheduled time between clarifier replacements. 13. Clarifier Drive Unit: Supply a drive unit to replace a Dorr Oliver 48S1 drive unit in a 140-foot diameter clarifier. The drive unit will include all mounting hardware and associated adapters needed for the installation of the new drive unit to the existing structure Drive unit mounting fasteners shall be stainless steel It is recommended that a site visit be made by the contractor for field measurements. 14. Epoxy-coating: To prevent corrosion, all metal surfaces other than Stainless Steel shall have surface preparation, one (1) primer coat of Tnemec N140E-1255 3-9 mils DFT, and one (1) coat of Tnemec 1074U-B5712 Dark Blue Aliphatic Polyurethane enamel 2-5 mils DFT (or approved equal) 15. Replace All Squeegees On Clarifier Arms: The work shall consist of removing the existing squeegees, supplying all new brass or stainless steel squeegees and fasteners, and installation of new squeegees The work shall be all-inclusive to the removal of the existing squeegees and installation of the new squeegees Materials (brass or stainless) 6 shall be of sufficient dimensions to serve their intended purpose and lifespan Contractor to measure and retrofit new squeegees to existing equipment. 16. Startup, Training, and Engineering: The manufacturer/contractor shall supply one (1) electronic copy and four (4) printed copies of the Owners and Maintenance Manuals, along with one (1) electronic copy of the engineering specifications. Site training shall include one qualified factory representative for startup of the new clarifier drive and he shall provide sufficient training for operation and maintenance to plant personnel 17. Removal and Installation: Contractor to remove existing Dorr Oliver 48S1 drive unit, any temporary and permanent bracing and any associated structures/apparatus that need to be removed Install new drive unit in its place and all associated structures/ apparatus necessary to the proper function of the clarifier. This shall include all equipment and manpower necessary to complete the work in a safe and non-destructive manner City staff will drain and clean the clarifier tank, disconnect and reconnect electrical power supply, dispose of old debris/parts, and provide the recommended grease for maintenance lubrication 18. Repair or Replacement: The work shall consist of repair of any incidental damages to the area surrounding the project, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the Engineer Payment for the item "Repair or Replacement"shall be by force account For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair or Replacement", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor 19. Business License: All bidders shall have a valid and current business license issued by the City of Yakima covering this type of work. It will be the contractor's responsibility to obtain any licenses or permits required, to complete the project. 20. Right to Reject: The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications and which they may deem to be in the best interest of the City and will not necessarily be bound to accept the low quote 21. No Preferences: No exceptions will be considered that may tend to give an individual bidder a distinct advantage 22. Contractor's Liability Insurance (Sample Certificate Attached): The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage and automobile coverage with insurance carriers admitted to do business in the State of Washington The insurance companies must carry a Best's Rating of A- VII or better The policies will be written on an occurrence basis subject to the following minimum limits of liability: Commercial General Liability. Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, elected and appointed officials, and employees are to be listed as additional insured under the policies The contractor will provide a Certificate of Insurance to the City as evidence of coverage The certificate will provide 45 days' notice of cancellation, and under the cancellation section, the wording "endeavor to" 7 and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate The contract shall also maintain workers compensation through the State of Washington If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 23. Compliance with Immigration and Naturalization Act The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E-Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States E-Verify will be used for newly hired employees during the term of the contract only; it is not to be used for existing employees The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor If the contractor has not previously filed an E-Verify Compliance Declaration with the City, the contractor must sign the attached E-Verify Compliance Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause for rejection of the bid 8 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.M. For Meeting of: July 17, 2018 ITEM TITLE: Resolution authorizing a contract with Ovivo USA, LLC., in the amount of $185,782.65 for City Project No. 2471, which provides for the replacement of two activated sludge clarifier drives at the Yakima Wastewater Treatment Plant SUBMITTED BY: Scott Schafer, Director of Public Works Mike Price, Wastewater Division Manager 249-6815 SUMMARY EXPLANATION: The City of Yakima (City) owns and operates two activated sludge clarifiers to meet regulatory permit requirements for effluent quality at the Wastewater Treatment Facility. The proper function of the clarifiers depends on reliable clarifier drives. Both of the clarifier drives were originally installed in 1983. I nspection in 2017 showed significant wear to the major mechanical components in both of the clarifier drives. City Wastewater staff consulted with industry experts to explore options, timelines, and expenses for clarifier drive repair and concluded that complete replacement of the drives was the most efficient solution based upon expense and continuity of effective wastewater treatment. Funds were allocated in the 2018 Budget to replace the clarifier drives. City staff used the Municipal Research and Service Center Professional Services Roster process to select the lowest bidder. Ovivo USA, LLC. submitted the lowest bid and has the expertise to provide the required services necessary to replace the clarifier drives. The terms of the contract would be in an amount not to exceed $185,782.65 to perform the work as shown in the attached bid summary and contract and would come from fund 478. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety 0 APPROVED FOR SUBMITTAL: �City Manager Ct* STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution - WWTP Car Dive Replace 7/5/2018 Resolution D Contract Gar Dive Replace 7/5/2018 Contract