HomeMy WebLinkAbout000929 Original Contract City of Port Angeles
Record # 000929
0j VORT,JA— City of Port Angeles
i°� fire Public Works&Utilities Dept.
321 E.5`h Street SERVICE CONTRACT
Port Angeles WA 98362
Tel:360-417-4541
Fax:360-452-4972
Contract Title: Pump Evaluation Service Number: SVC1S-22
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
AND SIMMCO ("CONSULTANT").
1. WORK BY CONTRACTOR
The Consultant shall perform the work as described in Attachment"A"(Attachment"A"may include Consultant's
Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents)
which is attached hereto and by this reference is incorporated herein.
2.TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
❑ All work under this Contract is to be completed by this date:
❑ All work under this Contract is to be completed 20 days from the Notice to Proceed. No work is
to be performed prior to written Notice to Proceed by the City. (See attachment A for specific
schedule for work).
® The performance period under this Contract commences 10 calendar days after notice to proceed
and ends (90 days thereafter or after contract award).
3. PAYMENT
A. The City shall pay the Consultant for the work performed under this contract(check one):
❑ Force Account-Time and material, not to exceed: $
® Force Account-Time and actual expenses incurred, not to exceed: $ 10,000
❑ Force Account- Unit prices set forth in the Consultant's bid or quote, not to exceed: $
❑ Firm Fixed Price set forth in Contractor bid or quote in the amount of: $
The Consultant shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in the Attachment "A",
The Consultant 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 those indicated to be furnished by the
City of Port Angeles in Attachment A.
B. The Consultant shall maintain time and expense records, which may be requested by the City. The Consultant
shall submit invoices to the City for payment for work performed. All invoices must reference the City's service
number. Invoices shall be in a format acceptable to the City. The Consultant will submit invoices per the rates in
Attachment C.._
C. The City shall pay all invoices from the Consultant by mailing a City warrant within 30 days of receipt of a
properly completed invoice.
D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives
of the City for a period of three (3)years after final payment. Copies shall be made available to the City upon
request.
Service# SVC15-22 Page 1 Rev.04/24/2015
E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the
Contract, the Consultant shall correct or modify the required work to comply with the requirements of this
Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the
Contract Documents.
4. RESPONSIBILITY OF CONSULTANT
A. Safety. Consultant shall take all necessary precautions for the safety of employees on the work site and shall
comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Consultant
shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and the public and shall post danger signs warning against
known or unusual hazards.
B. Warranty. Consultant shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Consultant's work including, but not limited to, cost of
materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and
supervision by the City. The Consultant shall hold the City harmless from any and all claims which may be made
against the City as a result of any defective work and the Consultant shall defend any such claims at its own
expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the
professional judgment of the Consultant to make appropriate selections.
C. Nondiscrimination/Affirmative Action. Consultant agrees not to discriminate against any employee or applicant
for employment or any other persons in the performance of this Contract because of race, creed, color, national
origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local
law or ordinance, except for a bona tide occupational qualification. Consultant agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by Consultant setting forth
the provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Consultant, while engaged in the performance of any work or
services required by the Consultant under this Contract, shall be considered employees of the Consultant only and
not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said
employees, while so engaged, and all claims made by a third party as consequence of any negligent act or
omission on the part of the Consultant's employees, while so engaged on any of the work or services provided or
rendered herein, shall not be the obligation of the City.
S. COMPLL4NCE WITH LAWS
The Consultant shall comply with all federal, state and local laws and regulations applicable to the
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of
a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the
Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.
6.TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment"A" and final
payment by the City.
B.The City may terminate the Contract and take possession of the premises and all materials thereon and finish
the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon
the occurrence of any one or more of the events hereafter specified.
1. The Consultant makes a general_assignment for the benefit of its creditors.
2. A receiver is appointed as a result of the insolvency of the Contractor.
3. The Consultant persistently or repeatedly refuses or fails to complete the work required herein.
4. Consultant fails to make prompt payment to subcontractors for material or labor.
5. Consultant persistently disregards federal, state or local regulations and ordinances.
6. Consultant persistently disregards instructions of the Contract Administrator, or otherwise
substantially violates the terms of this Contract.
Service# SVC15-22 Page 2 Rev.04/24/2015
7. The City determines that sufficient operating funds are not available to fund completion of the work
contracted for.
C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further
amounts due under this Contract until the work specified in Attachment"A" is satisfactorily completed, as
scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this
Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or
which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess
shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance,
Consultant and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and
interests of the City under the Contract, provided such legal costs shall be reasonable.
7. OWNERSHIP OF DOCUMENTS
A. On payment to the Consultant by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Consultant with funds paid by the City under this Contract
shall become the property of the City and shall be forwarded to the City upon its request.
B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by
the Consultant under this Contract will be kept confidential and shall not be made available to any individual or
organization by the Contractor without prior written approval of the City or by court order.
8. CLAIMS
Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract
must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in
no event later than the time of approval by the City for final payment. Consultant, upon making application for
final payment, shall be deemed to have waived its right to claim for any other damages for which application has
not been made, unless such claim for final payment includes notice of additional claim and fully describes such
claim.
9. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for
the City under this Contract and shall oversee and approve all work to be performed, coordinate communications,
and review and approve all invoices, under this Contract.
10. HOLD HARMLESS
A. The Consultant shall protect, defend, indemnify and save harmless the City, its officers, employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the Consultant.The Consultant agrees that its obligations under this subparagraph
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Consultant, by mutual negotiation, hereby waives, as respects the City only, any immunity
that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In
the event the City obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys'
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the
Consultant.
B. The City shall protect, defend, indemnify and save harmless the Consultant, its officers, employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any
claim, demand, and/or cause of action brought by,_or on behalf of, any of its employees or agents. For this
purpose, the City, by mutual negotiation, hereby waives, as respects the Consultant only, any immunity that
would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the
event the Consultant obtains any judgment or award, and/or incurs any cost arising therefrom including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
form the City.
Service#SVC15-22 Page 3 Rev.04/24/2015
11. INSURANCE
The Consultant shall maintain insurance as set forth in Attachment B.
12. INTERPRETATION AND VENUE
This Consultant shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
13. BRANDS OR EQUAL
When a special "brand or equal' is named it shall be construed solely for the purpose of indicating the standards
of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered,
provided Consultant specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not of equal quality, performance, or use specified must be represented as an
alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
14. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any
rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications
of this order, whether held by the City or returned, will be at Consultant's risk and expense.
15. SUBLETTING OR ASSIGNING OF CONTRACTS
Neither the City nor the Consultant shall assign, transfer, or encumber any rights, duties or interest accruing from
this Contract without the express prior written consent of the other.
16. INDEPENDENT CONSULTANT
The Consultant is and shall be at all times during the term of this Contract an independent Consultant and not
an employee of the City.
18. EXTENT OF CONTRACT/MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written
or oral. This contract may be amended, modified or added to only by written instrument properly signed by both
parties hereto.
19. SUBCONTRACTOR RESPONSIBILITY
The Consultant shall include the language of this section in each of its first tier subcontractors, and shall require
each of its subcontractors to include substantially the same language of this section in each of their subcontracts,
adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to
all subcontractors regardless of tier.
At the time of subcontract execution, the Consultant shall verify that each of its first tier subcontractors
meets the following bidder responsibility criteria:
-At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27
RCW;
- Have a current state unified business identifier number;
- If applicable, have:
1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in
Title 51 RCW;
2) An employment security department number as required in Tile 50 RCW; and
3)A state excise tax registration number as required in Tile 82 RCW;
4) An electrical contractor license, if required by Chapter 19.28 RCW;
5) An elevator contract license, if required by Chapter 70.87 RCW.
Service#S VC 15-22 Page 4 Rev.04/24P-015
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
20. COMPENSATION AND METHOD OF PAYMENT.
A. The City shall pay the Consultant for work performed under this Contract as detailed in Attachment C.
B. Payments for work provided hereunder shall be made following the performance of such work, unless
otherwise permitted by law and approved In writing by the City. No payment shall be made for any work
rendered by the Consultant except as identified and set forth in this Contract. Reference section 3. Payment
above for more information.
IN WITNESS WHEREOF,the parties have executed this Contract as of�WL, �� 2015.
SIMMCO CITY OF PORT ANGELES
By: By:
Printed N m ! f L Ni I Printed Name: 404irB d`n
Title: c c ou'l( An we r- Title: C- &41 ea kra
Address: �' t' { V0j'A"( ( .
city: �J iA
Tax ID #: C)
Phone Number: �� ) 7 7 ` `� � ' Purchase Order#: U4DO)l { 1
Service# SVC15-22 Page 5 Rev,04/24/201
City of Port Angeles
ATTACHMENT „A„
Public Works and Utilities Department WORK BY CONSULTANT
360-417-4541
The Consultant shall do all work and furnish all tools, materials,and equipment in order to accomplish the project
described below. Unless otherwise provided for in the Statement of Work, the Consultant will be responsible for
obtaining and paying for any and all permits required for this work.
General Scope: Perform analysis on 19 motors within the City water system
Location:
1) Mill Creek Pump Station
601 Viewcrest Ave
Port Angeles, WA 98362
2) Fairmount Pump Station
4400 C Street,
Port Angeles, WA 98362
3) Ranney Collector Well
673 Crown Z Water Road,
Port Angeles, WA 98362
4) Port Angeles Water Treatment Plant
3501 W. 18th, Building J
Port Angeles, WA 98362
Site Point of Contact: James Burke at 360-417-4855.
Work Hours and Schedule: The Consultant will be allowed to work from 7 AM to 3:30 PM, Monday through
Friday, excluding all legal holidays. Work outside of these hours may be requested from and is at the discretion of
the Site Point of Contact.
Permits: None Required
Work Requirements:
1.0 Project Description
The purpose of this project is to perform static PDMA motor circuit analysis and vibration analysis on 19 pumps
within the City water system. A Condition Analysis Report with recommendations shall be provided to the City
upon completion.
2.0 Description of Work:
The scope of work shall include:
® Vibration Analysis on 19 identified motors at four different locations:
Mill Creek(soft start, constant speed)
Pump 1 75HP
Pump 2 75HP
Pump 3 75HP
Pump 4 75HP
Fairmount pump Station
HF 1 250HP
Service#SVC15-22 Page 6 Rev.04/24/2015
HF 2 250HP
LF 1 30HP
LF 2 30HP
LF 3 30HP
Ranney Well
HF CS 350 HP
VFD 350 HP
VFD 350 HP
PAWTP Plant
HF 450 HP
HF 450 HP
HF 450 HP
BWHF 100 HP
BWHF 100 HP
BWLF 30 HP
BWLF 30 HP
HF= high flow
LF= low flow
CS= constant speed
VFD= variable frequency drive
• Lock out Tag Out Motors Sequentially
• Static PDMA Motor Circuit Analysis from Motor Control Center on the 19 identified motors,
• Condition Analysis Report with recommendations.
® All costs related to travel (Travel, Mileage, and Perdiem Rates, mobilization/demobilization).
® City shall provide the following:
• 120v power for equipment testing
• Restroom facilities
• Capable technician to assist with equipment running and LOTO
Service#SVC15-22 Page 7 Rev.04/24/2015
City of Port Angeles ATTACHMENT "B"
Public Works and Utilities Department INSURANCE
360-417-4541
INSURANCE &INDEMNITY REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Inc/udes construction and remodeling,janitorial service, tree maintenance, road maintenance, painting, electrical
work, plumbing, movers, and on site maintenance agreements.
Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,
the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver
of immunity under Industrial Insurance Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, their agents, representatives, employees or subcontractors.
No Limitation
Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed
to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors, products-completed operations, stop
__gap-liability,,-personal injury-and-advertising injury,and--liability-assumed under--an-insured contract.The
Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
Service# SVC15-22 Page 8 Rev.04/24/2015
3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate
limit.
Other Insurance Provision
The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including
but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the
Contractor before commencement of the work.
F. Subcontractors
The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to
be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent
business practices.
G. Notice of Cancellation
The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy
cancellation, within two business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of
contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
Service#SVC15-22 Page 9
Rev.04/24/2015
ATTACHMENT C
City of Port Angeles Consultant Labor Costs and Non-Salary
Public Works and Utilities Department Reimbursable Cost
360-417-4541
Labor Category Hauriv Rates
PDMA/VIB Technician $140.00 (Straight Time)
PDMA/VIB Techincian $180.00 (Overtime)
Laborer $72.50
Staff(Office Support) $ 54.40
Per Diem Rates - $200.00/person (includes meals and lodging)
direct Expenses
Mileage Cost- $1.20 per mile
Analyzer Equipment Charges - $250.00 per day
Materials, 3rd party charges, and equipment rentals will be cost plus 25%.
Service#SVC15-22 Page 10 Rev.04/24/2015