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HomeMy WebLinkAbout000986 Original Contract City of Port Angeles Record # 000986 CONTRACT DOCUMENTS for WWTP LEACHATE SUBMERSIBLE PUMPS PURCHASE CONTRACT NO. MEC15-29 of pORTgN, V��y F��N S AS,pJ 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 Revi wed b : Mi Pt tenney, P. Deputy Director of Public & Utilities Reviewed by: Wiliam 81oor City Attorney Page 1 of 19 July 9, 2015 ` ofptl '"NOFN CITY OF PORT ANGELES INVITATION TO BID For WWTP LEACHATE SUBMERSIBLE PUMPS Sealed bids will be received by the Director of Public Works & Utilities until 2:OOPM, Thursday, July 30th, 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 Equipment: Two 4" pumps, Fairbanks Morse, Model D5433MV or equivalent; as specified in Schedule A of the bid documents. Bid documents may be obtained by calling Lucy Hanley at (360) 417-4541 or by emailing contractsr7a cit ofpa.us . Also, bid documents are available on City of Port Angeles' website, http://wa-portangeles.eivieplus.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. MEC15-29. 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 5`h Street Port Angeles, Washington 98362 PUBLISH: Peninsula Daily News: July 13`h, 2015 I Project No. MEC15-29 Page 2 of 19 UC+a4.votti INSTRUCTIONS FOR BIDDERS Equipment Bids rs�»res ntN`� BID SUBMITTAL: If alternate equipment is proposed, bidders are required to submit a separate bid sheet All bids must be sealed with the outside of for each unit offered. the envelope marked with the BID OPENING DATE July 30th, 2015 All bids must be made on the required bid PURCHASE CONTRACT NO. MEC15-29. form and in cases of bid price extension The NAME AND ADDRESS OF THE errors, the unit prices will govern. All blank BIDDER shall also appear on the outside of spaces for bid prices must be filled in, with the envelope. Bids shall be directed to the ink or typewritten, and the bid form must be Director of Public Works and Utilities, Attn: fully completed and executed when Lucy Hanley and mailed to PO Box 1150, or submitted. Only one copy of the bid form is delivered to 321 East Fifth Street, Port required. Faxed bids will not be Angeles, Washington 98362. accepted. Failure to adhere to instructions may constitute disqualification of proposal. It is the intent of the attached specifications to describe the minimum requirements for COMPLIANCE WITH SPECIFICATIONS: the equipment requested in sufficient detail The equipment must be in accordance with to secure bids on comparable equipment. the specifications. All parts which are necessary in order to provide a complete unit as described, Failure on the Contractor's part to comply meeting all safety requirements, and ready with any specification herein will be grounds for operation, shall be included in the bid for disqualification of the bid. and shall conform in strength, quality of workmanship and material to that which is All items called for in the specifications, usually provided in the general trade. Any including but not limited to the equipment variance from the specifications or constructed as shown, and the necessary standards of quality must be clearly stated manuals, must be complied with before the in writing by the bidder. final payment can be processed. Do not make reference to brochures or Where the description of an item includes supporting literature on the bid sheet. All both specifications and a brand name and notations for bid compliance or number, the specifications shall govern in exceptions are to be made on the bid case of conflict. Brand name and number sheet or on a plain piece of paper are for reference as to the type and quality attached and referenced to the bid item. required and do not preclude offers of a comparable or better product, provided full If a bidder's corporate policy mandates use specifications and descriptive literature of an official quotation form, it may be accompany the offer. Failure to include full submitted. However, the cost data must be descriptive literature may be cause to reject duplicated on the City's bid cost data and the offer. agreement sheet. The City's bid sheet must be signed by the bidder or its agent WARRANTY: in order for the proposal to be accepted. Project No. MEC15-29 Page 3 of 19 The purchased supplies or equipment be good and firm for the period of 90 furnished must have full manufacturer's calendar days after contract award warranties, and the warranties must inure to unless the Bidder specifically limits its offer the benefit of the City. to a shorter period by written notification on the bid document. However, bids so Vendor agrees to these warranty provisions modified may be declared non-responsive. by signing the bid proposal. Quantities shown are of total estimated 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 Project No. MEC15-29 Page 4 of 19 Upon award of the contract to the successful bidder, the City will send the Contractor duplicate, complete sets of Contract Documents, which will include the City's Purchase Order Requisition. The Purchase Order Requisition will include the final agreed upon price and the specific equipment and options being purchased. 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 @cityofr)al.us . Project No. MEC15-29 Page 5 of 19 h'0,POR t RyCF 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 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. 5. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. Destination. 6. 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. 7. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this Contract shall contain the applicable purchase contract number. 8. 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. Project No. MEC15-29 Page 6 of 19 9. 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 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 (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. Project No. MEC15-29 Page 7 of 19 i 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. 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. MEC15-29 Page 8 of 19 PURCHASE CONTRACT THIS AGREEMENT is made and entered into this )b day of 2015, between the City of Port Angeles (hereinafter called the "City") and PumpTech, 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. MEC15-29 Page 9 of 19 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 SEVERABILITY If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Contract are declared severable. Project No. MEC15-29 Page 10 of 19 i ARTICLE VIII 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. PUMPTECH, INC. CITY OF PORT ANGELES Title: Title: A13 a Tag Dated: /'C ATTEST: ATTEST: Jew, ity CI rk App oved to as to form City Attorney Project No. MEC15-29 Page 11 of 19 i