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R-1995-123 Electro-Test, Incorporated
• • RESOLUTION NO. R-95- 1 2 3 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract for electrical preventative maintenance services with Electro -Test, Incorporated of Renton, Washington. WHEREAS, the electrical system at the Wastewater Treatment Facility represents a multi-million dollar replacement investment; and WHEREAS, preventative maintenance must be performed on said electrical system to ensure that the system is in proper operating condition at all times to power the facilities treatment equipment; and WHEREAS, the City does not have the equipment, personnel, or specialized expertise necessary to perform the required electrical preventative maintenance services at the treatment facility; and - T WHEREAS, Electro -Test, Incorporated of Renton, Washington has the equipment, personnel, and expertise necessary to perform said electrical preventative maintenance services and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a contract for electrical preventative maintenance services with Electro -Test, Incorporated of Renton, Washington in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated agreement with Electro -Test, Incorporated of Renton, Washington for electrical preventative maintenance services. ADOPTED BY THE CITY COUNCIL this day of , 1995. ATTEST Mayor City Clerk (ls)res/electro-test.pm QS --/c13 00500 - 1 SECTION 00500 AGREEMENT r THIS AGREEMENT is dated as of the day of,i�in the ` Y `�/ year 1995 by and between the City of Yakima, hereinafter called OWNER, and ELECTRO -TEST, INC , a California corporation with its principal office for performing work under this Agreement located at 725 Powell Ave SW, Suite, Renton, Washington 98055, hereinafter called CONTRACTOR OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows Article 1 WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows Regional Wastewater Treatment Facility (WWTF) Medium and Low Voltage Electrical Maintenance Services, Yakima, Washington CONTRACT IDENTIFICATION 1626 Article 2 ENGINEER The Project has been designed by HDR Engineering, Inc , 500 108th Avenue NE #1200, Bellevue, Washington 98004, who is hereinafter called ENGINEER and who is to act as OWNER's representative, 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 3 1 The work scheduled for 1995 shall be substantially completed in accordance with Paragraph 14 8 of Section 00700 within 60 consecutive calendar days after the date when the Contract Times commence to run All work scheduled for 1995 shall be completed and ready for final payment in accordance with Paragraph 14 13 of Section 00700 - General Conditions within 90 consecutive calendar days after the date when the Contract Times commence to run The work scheduled for subsequent years of 1996 and 1998 shall commence on April 1 and be substantially complete by June 3 of the scheduled calendar year All work scheduled for subsequent years shall be complete and ready for final payment by July 1 of the scheduled calendar year 3 2 Liquidated Damages OWNER and CONTRACTOR 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 YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • • 00500 - 2 above, plus any extensions thereof allowed in accordance with Article 12 of Section 00700 - General Conditions They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER in accordance with the formula LD = 0 15C/T where LD is the liquidated damages. per working day (rounded to the nearest dollar), C is the original contract amount for each scheduled year and T is the original time for completion for the work in each scheduled year The CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3 1 above for Substantial Completion until the Work is substantially complete After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph 3 1 above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER the amount specified above for each and every consecutive calendar day that expires after the time specified in Paragraph 3 1 above for completion and readiness for final payment Article 4 CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Workin accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 4 1 through 4 4 below 4 1 For Contract Work an amount equal to the sum of the established unit prices for each separately identified item of Work as indicated in this Paragraph Contractor's unit prices have been computed as provided in Paragraph 11 9 2 of Section 00700 - General Conditions Item Description Price (in Figures) 1 Inspection and Testing Services for 1995 as described in Section 16680 Parts 3 01 - 3 10 inclusive $ 38,134 2 Inspection and Testing Services for 1996 as described in Section 16680 Parts 3 01 - 3 10 inclusive 14,203 3 Inspection and Testing Services for 1998 as described in Section 16680 Parts 3 01 - 3 10 inclusive 21,065 4 Repair and Maintenance Services during 1995 as described in Section 16680 Part 3 11 22,495 4 1 Contract Work (Total of Items 1-4) $95,897 00 4 2 For Electrical Maintenance Repair Work required during the scheduled calendar year inspection and testing phase, an amount equal to the sum YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • • 00500 - 3 of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this Paragraph Contractor's unit price per crew hour have been computed as provided in Paragraph 11 9 2 of Section 00700 - General Conditions, and all costs as defined in the General Conditions in paragraph 11 4 except 11 4 2 -Cost of materials and equipment (paid in Item 7), ), 11 4 5 3 - Rental of equipment not owned by the contractor (paid in item 7), and 11 4 5 4 -Sales tax (paid as separate line item in 4 4 ) Item Description Unit Price per crew hour Number of Crew Hours Price (in Figures) 1 Two man crew to perform electrical repair work on 15KV switchgear in 1995 $125 40 5,000 00 2 Two man crew to perform electrical repair work on 15KV switchgear in 1996 131 20 2,620 00 3 Two man crew to perform electrical repair work on 15KV switchgear in 1998 144 40 5,760 00 4 Two man crew to perform electrical repairs on 480V switchgear or motor control center equipment in 1995 125 40 5,000 00 5 Two man crew to perform electrical repairs on 480V switchgear or motor control center equipment in 1996 131 20 2,620 00 6 Two man crew to perform electrical repairs on 480V switchgear or motor control center equipment in 1998 144 40 5,760 00 7 Contractor's FEE on invoices for equipment and supplies incorporated in the work, and on invoices for rental of equipment not owned by Contractor 15% 4 2 Electrical Maintenance Repair Work (Total of Items 1-6) 26,760 00 4 3 For Emergency Electrical Repair services, the Contractor will dispatch personnel to the City of Yakima by the next calendar day when notified, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this Paragraph Contractor's unit price per crew hour have been computed as provided in Paragraph 11 9 2 of Section 00700 - General Conditions Contractor's unit price per crew YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • 0 00500 - 4 hour shall include all costs as defined in the General Conditions in paragraph 11 4 except 11 4 2 -Cost of materials and equipment (paid in Item 17), 11 4 5 1 -Cost for transportation and subsistence (paid in items 9-16), 11 4 5 3 -Rental of equipment not owned by the contractor (paid in item 17), and 11 4 5 4 -Sales tax (paid as separate line item in 4 4 ) Travel and subsistence costs for crews and machinery shall include all costs as listed in paragraphs 11 4 5 1 to 11 4 5 3 inclusive Item Description Unit Price per crew hour Number of Crew Hours Price (in Figures) 1 Minimum of two man crew to perform electrical repair work on 15KV switchgear during 1995 $ 125 16 $ 2,000 2 Minimum of two man crew to perform electrical repair work on 15KV switchgear during 1996 131 16 2,096 3 Minimum of two man crew to perform electrical repair work on 15KV switchgear during 1997 138 16 2,208 4 Minimum of two man crew to perform electrical repair work on 15KV switchgear during 1998 144 16 2,304 5 Minimum of two man crew to perform electrical repairs on 480V switchgear or motor control center equipment during 1995 125 16 2,000 6 Minimum of two man crew to perform electrical repairs on 480V switchgear or motor control center equipment during 1996 131 16 2,096 7 _Minimum of two man crew to perform electrical repairs on 480V switchgear or motor control center equipment during 1997 138 16 2,208 8 Minimum of two crew to perform electrical repairs on 480V switchgear or motor control center equipment during 1998 144 16 2,304 YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • 00500 - 5 :..::::::::::::•::::... .....................,:::.............:..........:..::....;;........,;.,............:: Price per day Number of Days • :: ; i 9 Subsistence expenses for crews and machinery for the year 1995 75 2 150 10 Subsistence expenses for crews and machinery for the year 1996 79 2 158 11 Subsistence expenses for crews and machinery for the year 1997 83 2 166 12 Subsistence expenses for crews and machinery for the year 1998 87 2 174 ;: Per Trip Number of Trips 13 Travel expenses for crews and machinery to and from Yakima in 1995 60 1 60 14 Travel expenses for crews and machinery to and from Yakima in 1996 63 1 63 15 Travel expenses for crews and machinery to and from Yakima in 1997 66 1 66 16 Travel expenses for crews and machinery to and from Yakima in 1998 74 1 74 17 Contractor's FEE on invoices for equipment and supplies incorporated in the work, and on invoices for rental of equipment not owned by Contractor 15% 4 3 Emergency Electrical Repair (Total of Items 1-16) $ 18,127 YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • • 00500 - 6 4 4 Total Price (SUM OF 4 1 , 4 2 and 4 3 ) including sales tax Item Description Price (in Figures) 4 1 Contract Work $ 95,897 4 2 Electrical Maintenance Repair Work 26,760 4 3 Emergency Electrical Repair 18,127 Total of Items 4 1 through 4 3 $ 140,784 00 Sales Tax @ 7 9% 11,121 94 Total Price including Sales Tax $ 151,905 94 All specific cash allowances are included in the price set forth above and have been computed in accordance with the General Conditions Article 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of Section 00700 - General Conditions Applications for Payment will be processed by ENGINEER asprovided in Section 00700 - General Conditions Applications for Payment consisting of three (3) pages (Contractor's Application and Certificate for Payment, Pages 1-3), identified in Section 00100 - Instructions to Bidders CONTRACTOR shall submit signed partial relea$e of lien from all Subcontractors and suppliers with second (2nci) and subsequent Applications for Payment for Work performed on previous Applications for Payment 5 1 Progress Payments, Retainage OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th_ day of each month during construction as provided in Paragraphs 5 1 1 and 5 1 2 below All such payments will be based on an as estimate of the work completed 5 1 1 Prior to and upon substantial completion of the work, progress payments will be made in an amount equal to 95 percent of the value of the work completed, and 95 percent of the value of the materials and equipment not incorporated in the work, but delivered and suitably stored, less in each case the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14 7 of Section 00700 - General Conditions When the Work for each calendar year is completed, the Owner may make payments to the Contractor equal to the total value of the Work completed in the calendar year The 5* retainage on progress payments in 1998 will be calculated on the total amount of work completed to date, progress payments for years 1995 through 1998 YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • • 00500 - 7 5 1 2 Pursuant to RCW 60 28 010, retainage held pursuant to paragraph 5 1 1 above shall constitute a trust fund for the protection and payment of any person or persons,mechanic, subcontractor, or materialmen who performs any labor upon the Contract or Work hereunder, and all other persons who shall supply such person or persons or Subcontractors with provisions and supplies for carrying on such Work and of the State of Washington with respect to taxes imposed pursuant to Title 82 RCW which may be due from such Contractor These retained funds shall be held and invested as provided in RCW 60 28 010 at the election of the Contractor Such written election shall be included with the first request for a Progress payment 5 2 Final Payment Upon final completion and acceptance of the Work in accordance with Paragraph 14 13 of Section 00700 - General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14 13 Payment shall be made when CITY receives from Washington State Department of Revenue a certificate that all taxes, increases, and penalties have been paid in full pursuant to RCW 60 28 051 Article 6 INTEREST All moneys not paid when due as provided in Article 14 of Section 00700 - General Conditions shall bear interest as provided in RCW 39 76 010 and 39 76 020 Article 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations 7 1 CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in Paragraph 8 below) and the other related data identified in the Bidding Documents 7 2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Work 7 3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work 7 4 CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, and data concerning conditions (Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • • 00500 - 8 CONTRACTOR does not consider that any additional examinations, investigations, explorations, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents 7 5 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, and all additional examinations, investigations, explorations, and data with the Contract Documents 7 6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work Where conflicts, errors, ambiguities, or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc , have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price 7 7 CONTRACTOR has not directly or indirectly induced or solicited any other to submit a false or sham Bid; CONTRACTOR has not solicited or induced any person, firm, or corporation to refrain from bidding; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other or over OWNER YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • • 00500 - 9 Article 8 CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following 8 1 Section 00301 Bid Form 8 2 Section 00323 Construction Contractors Qualification Statement 8 3 Section 00326 Executive Order 11246 Compliance Statement 8 4 Section 00327 Nonsegregated Facilities Certification 8 5 Section 00328 City of Yakima Regulations 8 6 Section 00400 Notice of Award 8 7 Section 00500 Agreement 8 8 Section 00610 Performance and Payment Bond 8 9 Section 00650 Notice to Proceed 8 10 Section 00700 General Conditions 8 11 Section 00805 Supplementary Conditions 8 12 Section 00822 Prevailing Wage Rates 8 13 General Requirements (Division 1) 8 14 Technical Specifications (Division 16) 8 15 Figures, consisting of figure numbers 1 through 4 inclusive 8 16 Addenda numbers 1 to 3, inclusive 8 17 Documentation submitted by Contractor with bid 8 18 Documentation submitted by Contractor prior to Notice of Award 8 19 Any modification including Field Order, Change Order, Work Directive Change or accepted Change Proposal Request which may be delivered or issued after the Effective Date of the Agreement The documents listed in Paragraphs 8 9 et seq above comprise part of the Agreement (except as expressly noted otherwise above) There are no Contract Documents other than those listed above in this Article 8 The Contract Documents may only be amended, modified, or supplemented as provided in Paragraphs 3 5 and 3 6 of Section 00700 - General Conditions YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • • 00500 - 10 Article 9 MISCELLANEOUS 9 1 Terms used in this Agreement which are defined in Article 1 of Section 00700 - General Conditions will have the meanings indicated in Section 00700 -General Conditions 9 2 No 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 9 3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract ocuments 9 4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision Article 10 GOVERNING LAW 10 1 This Contract shall be deemed entered into in Yakima County, Washington, and shall be governed by the laws of the State of Washington 10 2 The venue for any legal action related to the Contract Documents shall be the Superior Court of the State of Washington for Yakima County 10 3 The CONTRACTOR shall give such notices, file information, and pay taxes, deductions, and premiums as may be required by law and comply with all laws, ordinances, permit requirements, rules, and regulations pertaining to the conduct of the Work The CONTRACTOR shall be liable for violations of same in connection with any portion of the Work provided by the CONTRACTOR and shall cooperate with all governmental entities regarding inspection of the Work in compliance with such requirements If the CONTRACTOR observes that the portion of the Contract Documents is in conflict with any such laws, ordinances, permit requirements, rules, or regulations, CONTRACTOR shall promptly notify the Engineer in writing of such conflict The OWNER will promptly review the matter and, if necessary, issue a Change Order or take any other action necessary to bring about compliance with the law, ordinance, permit requirement, rule, or regulation in question if it is the responsibility of the OWNER; otherwise, the CONTRACTOR shall ensure such compliance The CONTRACTOR shall not perform Work known to be contrary to any laws, ' ordinances, permit requirements, rules, or regulations YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • 00500 - 11 10 4 OWNER shall pay for and CONTRACTOR shall secure any required City Building Permit All other permits and licenses from governmental agencies that are necessary for ensuring the prosecution of the Work shall be secured and paid for by the CONTRACTOR Article 11 WAGE RATES 11 1 The most recently published provisions of the State of Washington Department of Labor and Industries Prevailing Wage Rates are made a part of this agreement as completely as if the same were fully set forth herein IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf This Agreement will be effective on is the Effective Date of the Agreement) A Corporation By iS ELECTRO -TEST, INC (Corporation name) California State of incorporation) 44- (SEAL) (Signature of person authorized to sign) , 1995 (which (Printed name) (Title) (Corporate Seal) Attest (Secretary) y, Address 13�?D &L, 61j4-fir/gN D, ii -°4/h & a¢iv Vi LL S, c,¢ 9k56.6 Phone No S/ 0 --(6 9--033o Washington State CONTRACTOR License No E LE CT' %/r l' % C:)11. YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES • • 00500 - 12 Surety is FPr1Pral & Deposit Cn- (Surety Name) Address 100 First Street, Suite 1700 Phone No San Francisco, CA 94105 415-896-0701 CITY OF YAKIMA By Title CITY SEAL iilanaq�r' J .J AttestedCV� Address for giving notice City of Yakima Wastewater Treatment Facility, Superintendent 2220 E Viola Yakima, WA 98901 NOTE If CONTRACTOR is a corporation, attach evidence of authority to sign END OF SECTION YAKIMA REGIONAL WWTF ELECTRICAL MAINTENANCE SERVICES 1-1:10E1D RowER 111 ANO LIGHT puny (PP) PP L IdEMIR _J SW11CH A (EA, SIV7.1 INCOM:EV. I15 KV LINE SWITCHGEAR SWGR-6011 SwlrCI-1 B (VEST 501-010 WITCH INOOMING INOOMING SUBSTATION- (cAsr aumsroZoll) f=1 No 1 7,0011 I 12.4111V - - OUTDOOR SWITCHGEAR SWGR-6014 "E r0 r5.' r— 77 1—'77 LAP_ _J Fon ImAtansace) SUBSTATION MAST 7111001101100171 1 )TJ -- 0$111-1 I 10•710/0 EVal No.2 010E0 aso mw; 001011635 1/0/11011.35 1115000 SWITCHGEAR SWGR-7301 14106(c y11:12E1223(1 10:12E1221( MOMNA ; 0212E12231 4ITERLOCK mop= 110110 SOW 6000 ) I ) L SWITCHGEAR SWGR- 1025 1760 )M1112.1C) I rirIi iji I I-1 11 7)11 111')I1 )1 I I LAL _ IL LiLJ LJ 11CC-1031. 1010-1020 000-2010 1410-4024 11C0-1110 MAMA= 1614XLMA2 WW1 AMIE MT= MUM fIMALE 2211161. 1j41 I1 riri I I I I II I LI Li L_IL_J 750-1326 1103-7303 1600-7302 BIM= 01000000. IMMSIV0000111 alarar _SAMMY MEE 111011100111010) SUBSTATION si No.3 1 Lear/rnvL 17,:r7I suBsTAT.71 No 4 I Tii 12.010, 11.01111• 1..orfaiv L 4.7.77”1._ jOnni-Ei OUTDOOR SWITCHGEAR SWGR -6105 11110.11 V1:012.22- 10:751221.. - WOW MOO r-- OUTDOOR SWITCHGEAF71 SWGR-5015 1 1 I 1 l"'" t) 4 1 P000.0011 I 1Ai 0010 12000 WOO ) I I » » 16000, L t 11 1-1 )1 PI 1791 _J Li Li 10 1:001.01130 1/00-301 600-2415 WC"." 011=000110. tam= =mum alas 01W. -011100t1 OWES YAKIMA. WASHINGTON WASTEWATER TREATMENT PLANT POSER DISTRIBUTION ONE LINE DIAGRAM DESIRED: WIT 1 DRAM; CWA Bond No Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That. Electro Test, Inc. Bond #30537778 (Here insert the name and addreu or legal title of the Contractor) as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto City of Yakima (Hem insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount o1...One..hundxed..fifty..five.._thousand...Qne..hundred..forty--txo..and._94/L00 • Dollars (Si 155,142.94 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 entered into a contract with Owner for Project 1626—Yakima Regional WWTF Medium & Low Voltage Maintenance services in accordance with drawings and specifications prepared by • (Here insert full name. tick and address) which contract is by reference made a part hereof, and is hereinafter referred to as the NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such shall promptly and faithfully perform said contract, then this obligation shall be null it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall prompdy Contract. that, if Contractor and void; otherwise (1) Complete the Contract in accordance with its terns and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by:the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this ,paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount •••set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para - ,graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. day of August a D y 95 1....Ele.tr.o...le5t.,...Inc. (SAL) Principal ArNk tirllllll.JllJ,,,/IllJllrl70IllrlJl./1,X11..ollllll.Il./J./1.1.0llrl./ll�l,Cllll„/lllllll `1 1 N 1 ti 1 1 N N kN 1 State of California County of Alameda On August 9, 1995 before me, Lisa M. Lucas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 DATE NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC" personally appeared Barbara L. Shine -x NAME(S) OF SIGNER(S) personally known to me - OR - n 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 ac- knowledged 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. NNNN\N\\NNN\N\NN\NNNNs1N\\NN.NN\NNNNl.., Z ® IYI1 j fY r s� +\� x. .gym;:< Mw Arr, -u• , �.,t. ar. .,`fly , ,:.V- .Y':: , i t✓ \ . . 1 \1 \1 k 1 1 IN {1 \ \ l \ `1 1 1 1 NN%1 llllll/llllll/r1./lllllllll...11l./l�/lJl//11�/./IlllfllllllJllll.�llll...�llll./.% 46 1461 LISA M. LUCAS COMM. # 1048395 z Notary Public — California SAMA CLARA COU My Comm.. Expires DEC 29 1498 WITNESS my hand and official seal. OPTIONAL 1 SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 11 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER �I P• ARTNER(S) TITLE(S) LIMITED Fl GENERAL TITLE OR TYPE OF DOCUMENT ATTORNEY-IN-FACT P1 T• RUSTEE(S) E GUARDIAN/CONSERVATOR I1 O• THER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P O. Box 7184 • Canoga Park, CA 91309-7184 zona _� o.. Fidelity and deposit Co1npany HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Bond #30537778 Labor and Material Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the tuil and faithful performance of the contract. I:NOW ALL HIEN BY THESE PRESENTS: That... Electro Test, Inc. Here insert the name and address or legal title of the Contractor) as'Princtpal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora - non of the State of Maryland, with its home office in the City of Baltimore. A'laryland, U. S. A., as Surety, hereinafter called Surety, are held and firmly bound unto . City of Yakima (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, tntheamountof One hundred fifty five thousand one hundred forty two & 941100 155 142.94 (Here insert a sum equal to at (east one-half of the contract price) Dollars (S ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 entered into a contract with Owner for. . Electrical Preventive Maintenance & Testing Project 1626—Yakima Regional WWTF Medium & Low Voltage Maintenance services in accordance with drawings and specifications prepared by (Here insert full name. tale and address) n hich contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that. if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub -contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed. or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made. stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main- tained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and staled this , h day of August In the pr sen e of: l A.D. 1997 Electro Test, Inc. (SEAL) Principal CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 �i�-/lll�l�.rl,/./11111✓lJ..�Illllllllll�./l./1.�1./l./1.r1./lllll./llllllJllJl�1lllJ..��1 State of California County of Alameda On August 9, 1995 before me, Lisa M. Lucas DATE NAME. TITLE OF OFFICER - E.G "JANE DOE, NOTARY PUBLIC" personally appeared Barbara L. Shine NAME(S) OF SIGNER(S) —X personally known to me - OR - [ 1 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 ac- knowledged 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. USA M. LUCAS COMM. 0 1048395 Notary Public — Cciifemia SANTA CLARA COUNTY My Comm. E fres DEC 29, 1998 WITNESS my hand and official seal. OPTIONAL SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL fl CORPORATE OFFICER fl PARTNER(S) L ATTORNEY-IN-FACT TRUSTEE(S) 7 GUARDIAN/CONSERVATOR OTHER: TITLE(S) n LIMITED GENERAL 11 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P 0 Box 7184 • Canoga Park, CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate. constitute and appoint Barbara L. Shine of Pleasanton, California its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as full}- and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and. Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this___ 24th — day of –, A.D. 19$2 ATTEST: STATE OF MARYLAND CITY OF BALTIMORE SS: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 04c#g... By Assistant Secretary Vice -President On this 24th day of April , A.D. 19 89, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. `..,.f' NO,A y'• J` p. `m. — Notary Public Commis on Tres Jul 1 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th day of ,August________, 19.5• 016-6375 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . and to affix the seal of the Company thereto." BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE: Wastewater Electrical Preventative Mainten SUBMITTED BY: Chris Waarvick, Wastewater Superintenden CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 Item No. q For Meeting Of 9/5/95 rvices Contract SUMMARY EXPLANATION: The attached resolution authorizes the City Manager to sign the accompanying contract for electrical preventative maintenance services with Electro -Test, Incorporated of Renton, Washington. Five qualified contractors bid on this specialty work which consists of preventative maintenance on 480 and 15,000 volt switch gear, breakers and associated hardware, cable, and wire. Also included in the first years work are contract identified corrective repairs to the electrical system. The contract amount is for $151,905.94 over a period of 5 years -- the first years work includes $22,495 in corrective work in addition to the preventative maintenance. The electrical system at the treatment facility represents a multi-million dollar replacement investment. Electrical power consumption reaches $250,000 per year. The system must be in proper operating condition at all times to power the facilities treatment equipment. Serious permit violations would be likely in the event of any significant or lengthy power disruption. Personnel safety is also a key consideration when dealing with these high voltages -- whether it be for the actual preventative maintenance, which the City does not have the equipment nor qualified and experienced personnel to safely handle; or in the case of electrical malfunction in the possible proximity to employees. Resolution X Ordinance Contract X Other (Specify) Funding Source 472 Fund -- Wastewatr Facility Reserve APPROVED FOR SUBMITTAL: "-r --pity Manager STAFF RECOMMENDATION: Staff respectfully requests that City Council, by resolution, authorize the City Manger to execute the attached contract for electrical preventative maintenance and repairs BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-123 electrical maint. contract August 31, 1995 cw