HomeMy WebLinkAbout000987 Original Contract City of Port Angeles
Record # 000987
CONTRACT DOCUMENTS
for
WWTP PROGRESSIVE CAVITY PUMPS
PURCHASE CONTRACT NO. MEC15-28
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CITY OF PORT ANGELES
WASHINGTON
JULY 2015
CRAIG FULTON, P.E., DIRECTOR OF PUBLIC WORKS & UTILITIES
MIKE PUNTENNEY, P.E. DEPUTY DIRECTOR OF PUBLIC WORKS & UTILITIES
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e Puntenney, P. .
Deputy Director of Public�'Wbri��s & ties
Re view*Bloor
i iam
City Attorney
Page 1 of 23
July 9, 2015
ko,�RT4H CITY OF PORT ANGELES
INVITATION TO BID
For
WWTP PROGRESSIVE CAVITY PUMPS
Sealed bids will be received by the Director of Public Works & Utilities until 2:OOPM, Thursday,
July Wh, 2015, and will be opened and read in the Public Works conference room, Port
Angeles City Hall, 321 East Fifth Street, Port Angeles, Washington 98362.
Bids will be taken for the following Materials:
Wastewater Treatment Plant progressive cavity sludge pumps
Bid documents may be obtained by calling Lucy Hanley at (360) 417-4541 or by emailing
contracts@citvofpa.us . Also, bid documents are available on City of Port Angeles' website,
http://wa-portangeles.civicplus.com/bids.aspx.
All bids must be on the form provided. Faxed bids shall not be accepted.
The City of Port Angeles (hereafter "City") reserves the right to reject any or all bids and to
waive minor irregularities in the bidding process. Subject to the foregoing, the contract may be
awarded to the lowest responsible bidder.
Minority and women owned businesses shall be afforded full opportunity to submit bids in
response to this invitation, shall not be discriminated against on the grounds of sex, race, color,
age, national origin or handicap in consideration of an award of any contract or subcontract, and
shall be actively solicited for participation in this project by direct mailing of the invitation to bid
to such businesses as have contacted the City for such notification. Further, all bidders are
directed to solicit and consider minority and women owned businesses as potential
subcontractors and material suppliers for this project.
Bids must be sealed with the outside of the envelope marked "BID OPENING DATE: July 301H
2015, PURCHASE CONTRACT NO. MEC15-28. The name and address of the bidder shall also
appear on the outside of the envelope. Bids shall be addressed:
Public Works and Utilities Department
Attn: Lucy Hanley, Contract Specialist
PO Box 1150, 321 East 51h Street
Port Angeles, Washington 98362
PUBLISH: Peninsula Daily News: July 13, 2015
Project No. MEC15-28 Page 2 of 23
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INSTRUCTIONS FOR BIDDERS
Equipment Bids
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BID SUBMITTAL:
All bids must be made on the required bid
All bids must be sealed with the outside of form and in cases of bid price extension
the envelope marked with the BID errors, the unit prices will govern. All blank
OPENING DATE July 30`h, 2015 spaces for bid prices must be filled in, with
PURCHASE CONTRACT NO. MEC15-28. ink or typewritten, and the bid form must be
The NAME AND ADDRESS OF THE fully completed and executed when
BIDDER shall also appear on the outside of submitted. Only one copy of the bid form is
the envelope. Bids shall be directed to the required. Faxed bids will not be
Director of Public Works and Utilities, Attn: accepted. Failure to adhere to instructions
Lucy Hanley and mailed to PO Box 1150, or may constitute disqualification of proposal.
delivered to 321 East Fifth Street, Port
Angeles, Washington 98362. COMPLIANCE WITH SPECIFICATIONS:
The equipment must be in accordance with
It is the intent of the attached specifications the specifications.
to describe the minimum requirements for
the equipment requested in sufficient detail Failure on the Contractor's part to comply
to secure bids on comparable equipment. with any specification herein will be grounds
All parts which are necessary in order to for disqualification of the bid.
provide a complete unit as described,
meeting all safety requirements, and ready All items called for in the specifications,
for operation, shall be included in the bid including but not limited to the equipment
and shall conform in strength, quality of constructed as shown, and the necessary
workmanship and material to that which is manuals, must be complied with before the
usually provided in the general trade. Any final payment can be processed.
variance from the specifications or
standards of quality must be clearly stated Where the description of an item includes
in writing by the bidder. both specifications and a brand name and
number, the specifications shall govern in
Do not make reference to brochures or case of conflict. Brand name and number
supporting literature on the bid sheet. All are for reference as to the type and quality
notations for bid compliance or required and do not preclude offers of a
exceptions are to be made on the bid comparable or better product, provided full
sheet or on a plain piece of paper specifications and descriptive literature
attached and referenced to the bid item. accompany the offer. Failure to include full
descriptive literature may be cause to reject
If a bidder's corporate policy mandates use the offer.
of an official quotation form, it may be
submitted. However, the cost data must be WARRANTY:
duplicated on the City's bid cost data and The purchased supplies or equipment
agreement sheet. The City's bid sheet furnished must have full manufacturer's
must be signed by the bidder or its agent warranties, and the warranties must inure to
in order for the proposal to be accepted. the benefit of the City.
If alternate equipment is proposed, bidders
i
are required to submit a separate bid sheet Vendor agrees to these warranty provisions j
for each unit offered. by signing the bid proposal. j
Project No. MEC15-28 Page 3 of 23
initial quantities to be ordered. Purchase
SAFETY: Orders for additional quantities may be
This unit shall completely comply with all placed with successful bidders over this
State and Federal laws, rules, regulations period from the date of award. Prices bid
and codes in effect at the time of delivery. shall be good for all equipment and
materials ordered during that period. All
The unit shall be tested by the successful orders shall be placed using City of Port
bidder for compliance with all OSHA/WISHA Angeles Purchase Orders. Payments shall
regulations and the State Department of be made monthly for materials received and
Labor and Industries Safety Rules. invoiced.
DELIVERY& ACCEPTANCE: Minority and women owned businesses
The successful bidder shall be responsible shall be afforded full opportunity to submit
for delivery to the City's Wastewater bids in response to this invitation, shall not
Treatment Plant, 1509 E. Columbia Street, be discriminated against on the grounds of
Port Angeles, Washington, between the sex, race, color, age, national origin or
hours of 7:00 AM and 3:00 PM during the handicap in consideration of an award of
City's normal work day. Delivery shall be any contract or subcontract, and shall be
made within the time period specified on the actively solicited for participation in this
Schedule(s). project by direct mailing of the invitation to
bid to such businesses as have contacted
GENERAL INFORMATION: the City for such notification. Further, all
The City of Port Angeles reserves the right bidders are directed to solicit and consider
to consider delivery time and may waive any minority and women owned businesses as
minor irregularities or minor defects or reject potential subcontractors and material
any and all bids. Any bid may be withdrawn suppliers for this project.
prior to the above scheduled time for the
opening of bids or authorized postponement Signing of the bid sheet by Contractor and
thereof. Any bid received after the time and subsequent acceptance by the City of the
date specified shall not be considered. No lowest responsive bid will constitute a
Bidder will be permitted to withdraw its binding agreement between the City and
proposal between the closing time for Contractor. Contractor understands and
receipt of proposals and the execution of agrees that no contract payment will be
contract, unless the award is delayed for a made until the City certifies that all stated
period exceeding sixty (60) calendar days. specifications have been complied with and
The City of Port Angeles may, at its option, the equipment is delivered and accepted by
in awarding this purchase contract, take into the City.
consideration the revenue it would receive
from purchasing the equipment from a Bids will be evaluated and submitted to the
supplier located within its boundaries, in authorized purchasing agent for approval as
accordance with RCW 39.30.040. soon as possible after bid opening. All
bidders will be notified of results in writing.
For the Schedule(s), offers made in
accordance with the Invitation to Bid shall Upon award of the contract to the
be good and firm for the period of 90 successful bidder, the City will send the
calendar days after contract award Contractor duplicate, complete sets of
unless the Bidder specifically limits its offer Contract Documents, which will include the
to a shorter period by written notification on City's Purchase Order Requisition. The
the bid document. However, bids so Purchase Order Requisition will include the
modified may be declared non-responsive. final agreed upon price and the specific
Quantities shown are of total estimated equipment and options being purchased.
Project No. MEC15-28 Page 4 of 23
The Vendor will then sign the duplicate sets
of Contract Documents and return them for
signing by the City. Each party will retain a
fully executed set of the Contract
Documents.
The Invitation to Bid is released by the City
of Port Angeles Public Works and Utilities
Department, which shall act as sole point of
contact for administration of the bidding.
Questions should be directed to Lucy
Hanley, Contract Specialist, (360) 417-4541
or to contracts cityofpal.us .
Project No. MEC15-28 Page 5 of 23
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CITY OF PORT ANGELES
STANDARD TERMS AND CONDITIONS
PURCHASE CONTRACT
THE PURCHASE CONTRACT INCLUDES THE FOLLOWING TERMS AND CONDITIONS
AND THE PUBLISHED RULES, REGULATIONS, AND LAWS OF THE CITY OF PORT
ANGELES AND THE STATE OF WASHINGTON, WHICH ARE HEREBY INCORPORATED BY
REFERENCE.
1. CHANGES: No alteration in any of the terms, conditions, delivery price, quality, quantities,
or specification will be effective without written consent of the appropriate representative of
the City.
2. HANDLING: No charges will be allowed for handling, including but not limited to packing,
wrapping bags, containers or reels, unless otherwise stated herein.
3. DELIVERY & ACCEPTANCE: For any exception to the delivery date as specified in this
Contract, Contractor shall give prior notification and obtain written approval thereto from the
City. Time is of the essence and the Contract is subject to termination for failure to deliver
as specified and/or appropriate damages. The acceptance by the City of late performance
with or without objection or reservation shall not waive the right to claim damage for such
breach nor constitute a waiver of the requirements for the timely performance of any
obligation remaining to be performed by Contractor.
The successful bidder shall be responsible for delivery to the City's Wastewater Treatment
Plant, 1509 E. Columbia Street, Port Angeles, Washington, between the hours of 7:00 AM
and 3:00 PM during the City's normal work day. Delivery shall be made within the time
period specified on the bid.
4. PAYMENTS, CASH DISCOUNT, LATE PAYMENT CHARGES: Invoices will not be
processed for payment until receipt of a properly completed invoice or invoiced items,
whichever is later.
6. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped
prepaid, F.O.B. Destination.
Project No. MEC15-28 Page 6 of 23
7. REJECTION: All goods or materials purchased herein are subject to approval by the City.
Any rejection of goods or material resulting from non-conformity to the terms and
specifications of this Contract, whether held by the City or returned, will be at Contractor's
risk and expense.
8. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction
manuals, and other written documents affecting this Contract shall contain the applicable
purchase contract number.
9. INFRINGEMENTS: Contractor agrees to protect and hold harmless the City against all
claims, suits or proceedings for patent, trademark, copyright or franchise infringement
arising from the purchase, installation, or use of goods and materials ordered, and to
assume all expenses and damages arising from such claims, suit(s)or proceedings.
10. WARRANTIES:
a. Notwithstanding inspection and acceptance by the City, the articles supplied under this
contract, or any condition of this contract concerning the conclusiveness thereof, the
Contractor warrants that for a period of one year after delivery and acceptance by the City of
Port Angeles, that:
(1) All supplies and equipment furnished under this contract will be free from defects in
material or workmanship and will conform with all requirements of this contract; and
2) The preservation, packaging, packing, and marking, and the preparation for, and
method of, shipment of such supplies will conform with the requirements of this contract.
b. When return, correction, or replacement is required, transportation charges and
responsibility for the supplies while in transit shall be borne by the Contractor. However, the
Contractor's liability for the transportation charges shall not exceed an amount equal to the
cost of transportation by the usual commercial method of shipment between the place of
delivery specified in this contract and the Contractor's plant, and return.
c. Any supplies or parts thereof, corrected or furnished in replacement under this clause,
shall also be subject to the terms of this clause to the same extent as supplies initially
delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration
to that in paragraph 10.a of this clause and shall run from the date of delivery of the
corrected or replaced supplies.
d. All implied warranties of merchantability and "fitness for a particular purpose" are
excluded from any obligation contained in this contract.
e. All standard manufacturer warranties must inure to the benefit of the City of Port Angeles.
f. Remedies available to the City. Within a reasonable time after providing notice to the
Contractor, the City may either:
(1) Require, by written notice, the prompt correction or replacement of any supplies or
parts thereof(including preservation, packaging, packing, and marking) that do not conform
with the requirements of this contract within the meaning of paragraph 10.a of this clause; or
Project No. MEC15-28 Page 7 of 23
(2) Retain such supplies and reduce the contract price by an amount equitable under
the circumstances.
11.ASSIGNMENTS: Moneys due under this Contract shall only be assignable with prior written
consent of the City.
12. TAXES: Unless otherwise indicated the City agrees to pay all State of Washington sales or
use tax. No charge by Contractor shall be made for federal excise taxes, and the City
agrees to furnish Contractor, upon acceptance of articles supplied under this Contract with
an exemption certificate.
13. LIENS, CLAIMS AND ENCUMBRANCES: Contractor warrants and represents that all the
goods and materials ordered herein are free and clear of all liens, claims, or encumbrances
of any kind.
14. RISK OF LOSS: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury
or destruction of goods and materials ordered herein which occur prior to delivery. Such
loss, injury or destruction shall not release Contractor from any obligation hereunder.
15. HOLD HARMLESS: Contractor shall protect, indemnify, and hold the City harmless from
and against any damage, cost or liability for any injuries to persons or property arising from
acts or omissions of Contractor, its employees, agents or subcontractors howsoever caused.
16. LABOR AND INDUSTRIES: Contractor is required to the extent applicable, to procure
Labor and Industries permits LI 700-7 and LI 700-29 and abide by the requirements thereof.
Copies of "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" shall
be submitted to the City Clerk and Department of Labor and Industries.
17. ANTI-TRUST: Contractor and the City recognize that in actual economic practice
overcharges resulting from anti-trust violations are borne by the City. Therefore, Contractor
hereby assigns to the City any and all claims for such overcharges.
18. DEFAULT: Contractor shall be liable for damages suffered by the City resulting from
Contractor's breach of Contract. The Contractor covenants and agrees that in the event suit
is instituted by the City for any default on the part of the Contractor, and the Contractor is
adjudged by a court of competent jurisdiction to be in default, Contractor shall pay to the
City all costs, expended or incurred by the City in connection therewith, and reasonable
attorney's fees. The Contractor agrees that the Superior Court of the State of Washington
shall have jurisdiction over any such suit, and that venue shall be laid in Clallam County.
19. BRANDS: When a special brand 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 the bidder 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.
20. SAFETY: The equipment shall completely comply with all State and Federal laws, rules,
regulations and codes in effect at the time of delivery.
i
Project No. MEC15-28 Page 8 of 23
The equipment shall be tested by the successful bidder for compliance with all
OSHA/WISHA regulations and the State Department of Labor and Industries Electrical
Workers Safety Rules.
21.ACCEPTANCE: BY ACCEPTING THIS PURCHASE CONTRACT IN WRITING OR BY
DELIVERING THE MATERIAL ORDERED, CONTRACTOR ACCEPTS ALL OF THE
TERMS AND CONDITIONS SET FORTH. FORMAL OBJECTION IS HEREBY MADE BY
THE CITY TO ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY VENDOR
CONTRACTOR AS A CONDITION OF ACCEPTANCE OR DELIVERY.
Project No. MEC15-28 Page 9 of 23
PURCHASE CONTRACT
THIS AGREEMENT is made and entered into this 1�0 day of 1RN&b2 , 2015,
between the City of Port Angeles (hereinafter called the "City") and Granich Engineered
Products, Inc (hereinafter called the "Contractor", "Vendor", or "Bidder").
WITNESSETH: That the City and the Contractor, in consideration of the
performance of the terms and conditions hereinafter mentioned, agree as follows:
ARTICLE 1
CONTRACT DOCUMENTS
The complete contract includes the Invitation to Bid, the Instructions to Bidders, the
Bid, the Specifications, the Standard Terms and Conditions, the Purchase Order
Requisition, and the Purchase Contract. The foregoing documents shall hereinafter be
called "Contract Documents" or "Contract". All obligations of the City and the Contractor
are fully set forth and described herein.
In the event of a discrepancy between any of the Contract Documents, as above
defined, the City shall give a written interpretation thereof, which interpretation shall
govern.
ARTICLE II
CONTRACT COST
The Contractor agrees to sell and deliver to the City, at the delivery point specified in
the Instructions to Bidders, and the City agrees to purchase and receive from Contractor
the equipment as described and set forth in the Contract Documents and the provisions
of the Contractor's bid attached and made a part hereof.
ARTICLE III
ASSIGNMENT
The Contractor shall not assign any of its responsibility under this Contract without
the express written consent of the City.
ARTICLE IV
APPLICABLE LAW AND VENUE
This Contract shall be governed by, and construed in accordance with, the applicable
laws of the State of Washington. Any legal proceedings to determine the rights and
obligations of the parties hereunder shall be brought and heard in Clallam County
Superior Court.
Project No. MEC15-28 Page 10 of 23
ARTICLE V
NONDISCRIMINATION
During the performance of this Contract, the parties shall conduct their business in a
manner which assures fair, equal and nondiscriminatory treatment of all persons,
without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran
condition, physical or mental handicap, or national origin, and, in particular:
1. The parties will maintain open hiring and employment practices and will
welcome applications for employment in all positions from qualified individuals
who are members of the above stated minorities.
2. The parties will comply strictly with all requirements of applicable federal, state
or local laws or regulations issued pursuant thereto, relating to the
establishment of nondiscriminatory requirements in hiring and employment
practices and assuring the service of all patrons and customers without
discrimination with respect to the above-stated minority status.
ARTICLE VI
TERMINATION OF CONTRACT
In the event that any of the provisions of this Contract are violated by the Contractor
or the Contractor's subcontractors, the City may serve written notice of intention to
terminate such Contract upon the Contractor, which notice shall specify the reasons
therefore. Unless within thirty (30) days after serving such notice upon the Contractor
such violation shall cease and an arrangement for the correction thereof satisfactory to
the City be made, the Contract shall, upon the expiration of the said thirty (30) days,
cease and terminate. In the event of any such termination, the City may purchase the
materials necessary for complete performance of this Contract for the account and at
the expense of the Contractor, and the Contractor shall be liable to the City for any
excess cost thereby.
ARTICLE VII
WAIVER
Waiver of any breach of any term or condition of this Contract shall not be deemed a
waiver of any prior or subsequent breach, no term or condition of this Contract shall be
held to be waived, modified, or deleted except by a written instrument signed by the
parties hereto.
II
Project No. MEC15-28 Page 11 of 23
II
ARTICLE VIII
WAIVER
This Contract is effective & binding as of the date of the last signature affixed below.
GRANICH ENGINEERED PRODUCTS, CITY OF PORT ANGELES
INC.
By.
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Project No. MEC15-28 Page 12 of 23