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HomeMy WebLinkAboutPOW Contracting, Inc. - Spiral Conveyor RepairAGREEMENT ("City"), and f!—Q��� ("Contractor"). WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as follows: 1. Scope of Work The Contractor shall Eerform a# work arid se"ce("nd forhish all tools, Mattdi� 01 Al If Ulf-' =Th' PVWW1 under this Contract and every part thereof. Work is estirriated to betorridete between Coordinator Marc Caw� Wastewater Operations Stiporiniendert 000249�6064, The Contractor shall provide and bear the expense Of all "Llipmerit; work and labor of any sort whatwever that may be required for the transfer of materials and completing the work� provided for in this Contract and every I pad thereof, except such as are mentioned In the specifications to be furnished by the City of Yakima. 2. Compensation The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein, which Exhibit includes the siecifications and iv and upon the conditions provided for the Contract. 3. Change Orders proposed changein bit Contract 0811 be submitted lo, the, otlier Wy� At listed herainiLkCk to 01 a dI led cost off(I for Me pm"d t h a "I 4. Agency Relationship between City and Contractor ComIrAcbrshall atallti bean i S. Successors and Assigns b. The Contractor for himself, and for his heirs, executors, administratots, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Ctintractor, 6. Property Rights All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon derI All information concemio the City and said project which is rioLoberwise a matter of public word lit MU or - required by law to be Made wblic, is ntial, an the Contractor will wti6fe =LAI=a.-9�9 &W 1114TIUM City of Yakima Limited Public Works — invitation to Quote Page 1 of 8 I I IZIL-I :I ILIA AQ47A I IN $14#1 (Ig [I Ego I Cox I Im" 12uggluilog Contractor shall promptly furnish the City with such information and records which are related to the Services of this c. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. d. The terms of this section shall survive any expiration or termination of this Contract. S. Work Made for Hire Alf work thetdritractor oeftms uiitdpr WS 0*09H 4A 4P 6ttczi1PrPd wair�. Tro-jen h= ehnll I— 4'r^ ­­­4­ n,14­ # 9. Guarantee Contractor warrants the Services will be free from defects in material and workmanship for a period of one year following the date of completion and acceptance of the Services. 10. Compliance with Law To the extent applicable, all equipment or materials shall comply with Washington State vehicle regulations, Federal regulations, OSHA and WISHA requirements, to include EPA standards and City safety codes. CorttracpE MVISTi C-dfnT1WeYf(6UeSS'dT to the dL* and "I execution of the work. a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. Contractor must provide proof of a valid Washington State Contractor Registration number, c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number. Contractor must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). City of Yakima Limited Public Works — Invitation to Quote Page 2 of 8 e. Contractor must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. 11. Prevailing Wages The Contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work, a. RCW 3912.010 -the Prevailing Rate of Wage. It is solely the responsibility of the Contractor to determine the appropriate prevailing wage rate for the services being provided. b. RCW 39,12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid, Before an awarding agency 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 trial money is disbursed, each Contractor and Subcontractor must submit to the awarding agency 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. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following bsite address of the Department of Labor and Industries: Ltt-,Ls,L//foAress,wa,cLov/n/wa2elookui)/ rvWaaeIookVL,,As,), Based on the quote submittal for this project, the applicable effective (start) date of this project for the purposes of determining prevailing wages is the quote date, Mqv �2021. A copy of the applicable prevailing wage rates are also available for viewing at the City of Yakima Purchasing office, located at 129 N 2nd Street, Yakima, WA 98901. Upon request, the City will mail a hardcopy of the applicable prevailing wages for this project. 12. Certified Payroll for Non -Federally Funded Projects Ugon Leguest b% t such as last name, SSN and address, redacted in accordance with PCW46i rder to p for public records requests, Thl Q reseves ftrwiaW I* gig" i UILI tu Minply 111in an,;-appicam law RCW 39.12,010 (4): An "Interested Party" for the purposes of this chapter shall include a Contractor, Subcontractor, an employee of a Contractor or Subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, and the director of labor and industries or the director's designee. 1. _ V . , 10,121ITMAUT11 - . - I employed by the Contractor for work performed on a public works project. (2) A Contractor shall, within ten days after It receives a written request, from the department or from any interested party as defined by RCW 39.12.010(4), 2.010(4), file a certified copy of the payroll records with the agency that awarded the public works contract and with the department. City of Yakima Limited Public Works — Invitation to Quote Page 3 of 8 (3) A Contractor's noncompliance with this section shall constitute a violation of RCW 39.12.050, 13. Nondiscrimination During the pefformance of this Contract, the Contractor agrees as follows: The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap In violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq,). This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Agreement. In the event of the Contractors noncompliance with the non-discrimination ckwse of this contract or with any such rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared Ineligible for any future City contracts, 14. Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. Contractor agrees to defend, indemnify and hold hanniess the City, its elected and appointed officials, officers, employees, attorneys, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable costs and attorney fees) which result or arise out of the sole negligent acts or omissions of Contractor, its officials, officers, employees or agents. b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or costs and expenses, including reasonable afforneys'fees. c. Contractor's Waiver of Employer's Immunity under Title 51 RCW. If any design or engineering work is done pursuant to this Contract. Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractors Indemnification, defense, and hold harmiless obligations set forth above in section A, Contractor specifically waives any Immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the City and its elected and appoJnted officials, officers, employees, attorneys, agents, and volunteers, The parties have mutually negotiated this waiver. Contractor shall similarly require that Its Subcontractors, d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. e. The terms of this section shall survive any expiration or termination of this Contract. City of Yakima Limited Public Works — Invitation to Quote Page 4 of 8 15. Contractor's Liability Insurance mble. TheZ�yvsems The jtj City of Yakima Limited Public Works — Invitation to Quote Page 5 of 8 CbntractWs itl"Mitoe coverage shall be primary insurance with respect 10 those who are Additional lnsuted8� under this Contract. dObtribute to it SU 1019 cause for the City to terminate the Contract. I INNIS! 11111MIMMUMW =-=#a 17. Contract Documents This Contract, the Invitation to Quote #22115S, SCOVe of MrR rJjk;g.I1" I sn, 1 T j dill dre. y i Ora 11 N o Coritr44 18. Termination -Convenience Toll C6, p '6gl4jWWi - 99, 19. Termination -Cause The City Mserves the right to terminate this Contract atAny firne, uDon written notice. fit the mv 4A IIJA RoviiiAQ af Phvfig�i 111111 gig RUMNA ars cl mat certMed witb f6t6f6 t6*t *uetled� 20. Force Majeure Contractor will not be AJsL2nslbr delav§ in defi�� 12 114tiA� 4"Ij�­­ -A. AM J-1-j-- 4_­­�-i__ reasoin fordolay. 077TWIR fa 1"Mj IDUR-M a periou equallo me time low que to the 21. Governing Law This Contract shall be governed by and construed in accordance with the laws of the State of Washington. 22. Venue The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. 23. Authority The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Contract on Its behalf and to legally bind Contractor to all the terms, performances and provisions of this Contract, City of Yakima Limited Public Works - invitation to Quote Page 6 of 8 24. Notice Any notice required or permitted to be given under this Contract shall be in wrifing and deemed effective if either delivered in person or by overnight courier, facsimile or first class mail, certified with retum receipt requested. Notices to the parties shall be delivered to: TO CITY: City of Yakima Purchasing TO CONTRACTOR: City Halk—Second Floor 129 North Second Street Yakima, WA 98901 25. Survival The forgj'"Fg"tknug 111'-Jjd(;A11 CITY MA City Manager Date: City Clerk k CITY CONTRACT NO: RESOLUTION NO: POW Contracting, Inc. By.. Date: (Print name) 4h, City of Yakima Limited Public Works — Invitation to Quote Page 7 of 8 SEPARATE ATTACHMENTS: EXHIBIT A - SPECIFICATIONS EXHIBIT B - PAYMENT SCHEDULE City of Yakima Limited Public Works— Invitation to Quote Page 8 of 8 PIPEOFW-02 PCR0WLJ CERTIFICATELIABILITY INSURANCE ®ATD/YYYY, 5/10121Ii(2p21 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 ri h#s to the certificate holder'in lieu of such endorsement s PRODUCER c T RgecT Wendy Richard Spokane Office PHONE FAX zuva^raillt..aeE Inca®� .,.� I.r:. + 'IIAIC. No. Exti: (509) 755-9334 rAsc Ini NIC S INSURED INSURERB:Travelers Property CaSUaltyC® Of Amer 25674 Pipe of Washington, Inc. dba INSURERC' POW Contracting P. O. Box 4772 INSURERp: Pasco, WA 99302-4772 INSURER E. 1'INSURER F CgVELAGES - CERTIFICATE NUMBER- REVISION NUMBER - 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. N5R _ DL 5t/BRI POLICY EFF POLICY E X P� LTR , TYPE OF INSURANCE _ POLICY NUMBER —LIMITS A I X ; COMMERCIAL GENERAL LIABILITY 1,000,00( ;EACH OCCURRENCE - S CLAIMS MADE ; X OCCUR X X 'IDT-CO-9J250597-TIA-20 10/1/2020 10/1/2021 DAMAGE TO RENTED 300,00( X . GL PD Ded $2,500 Pa I ISFS t >c r Ua� $ r .............. ME D EXP IAny one person) $ 15,00( Dcocn-1 s ®nennasia®u 1,000,00( IGEN'L AOCRECiATE LIMIT APPLIES PER: _i POLICY y PER&_ LOC OTHER B AUTOMOBILE LIABILITY '- X ANY AUTO X X 181 SC A OS ONLY WNEDt _ _.1 AUTOSULED i I AUTOS ONLY _E ACJTONf I B X UMBRELLA LIAB X !OCCUR j ,EXCESSLIAB �_ =CLAIMS-MADEI •` (ICL j DED X RETENTION $ 1 O,000 @�> WORKERS COMPENSATION :AND EMPLOYERS' LIABILITY I l ANY PROPRIETOR/PARTNER/EXECUTIVE l(6AF�n st, in ) EXCLUDED? N/A I If yes, descdbe under DESCRIPTION OF OPERATIONS helow.. COMBINED SI a (EEaL�i�eltl. 0-6N340437-20-26-G 10/1/2020 10/1/2021 I PQPILY/NJUF EACH OCCURRENC P-9J387682-20-26 10/1/2020 ' 1011/2021 AGGREGATE :Y LIMIT ; $ I, IESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addillce al Remarks Schedule, maybe attached if more space is required) ity project: 22115S - YSpiral Conveyor Repair, Wastewater Treatment Plant ity of Yakima, the County of Yakima, their agents, employees, authorized volunteers, and elected and appointed officials are inculded as additional insured, rl a primary/non-contributory basis, including waiver of subrogation, if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Yakima/County of Yakima THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Dept. 129 N. 2nd St. Yakima, WA 98901 ' AUTHORIZED REPRESENTATIVE 6L t' ACORD 25 (201 5/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 %14 0111 is I =1 6 0U- I 6,P&IMMM" PO Box 4772 Flasco, WA. 99302 Subject: Quote 22115S Spiral Conveyor Repair, Wastewater Treatment Planj 0000WIM __ 0200- W RIAMIS411 Congratulations! This is your official Notice of Intent to Award to Spiral Conveyor Repair to the City of Yakima, Wastewater Treatment Plant, per Quote 22115S. lie (* of Yakima W11sWW4tW Treatment Plant basrecommend AW* to pow contracting, based on, yoor6i Quote rectived for this ptoJOCL Please see th& attac1 Quote Tabuladoh This is a one-time. In order to proceed with the award, please forward the following-, • A Certificate of Insurance per attached sample • Additional Insured Endorsement that follows the Certificate of Insurance per attached sample • Signed Contract Should you have any questions about this award or administration of this agreement, please call me at (509) 575-6095. We look forward to do business with you and POW Contracting. . I 1 0 162YE11 Cc: Marc Cawley, Wastewater Operations Superintendent File P: (509) 575-6095 R (509) 576.6394 E: Susan. Knotts@YakfinaWA Gov Wwww,Yakii,aWA.Gov(Services/Purchasing � ' • - • � • it z Project: Spiral Conveyor Repair Quote Opening: May 6, 2021 @ 5:00 PM A pproved: � Project No.: 22115S Contract Term: One Time Job 5/7/2021 hta Mayhue, Purchasing Manager f Department: Wastewater Treatment Plant Project Manager: Marc Cawley AW_ARO AND +N Venor Name I recommend award to POW Con-tractings as they are the lowest responsive bid from a responsible bidder. Apollo Mechanical TL Constrction Inc. POW Contracting BUY&R DATE- Descriptiong. Unit " 'j .. P i 1 Unit Price' Total Price Unit Price Total Price Remove and dispose of approximately 80' of existing 1 Spiral and liners and install new spiral and liners 1 EA No Bill provided by the Owner. 45 500,00 ' 45.500.00 10,500.00' 10,500,00 0.00 Sub T k 0.00 45,500.00 10,500.00 0.00 Sales Tax @ 8.3 % 0.00 3,776.50 871.50 0.00 Ed GRAND TOTAL: 0.00 49,276.50 11,371.50 0.00 Prices quoted are firm for days from quote: 45 Days 45 Days Comments: