HomeMy WebLinkAboutNorthpoint Electric Construction Inc - WWTP Immediate Needs - ElectricalCONTRACT
SMALL WORKS ROSTER
Wastewater Treatment Plant
Immediate Needs Construction - Electrical Improvements
THIS CONTRACT is made and entered into this / 3 day of _ , 2017, by
and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as
"City", and Northpoint Electric Construction, Inc., hereinafter referred to as "Contractor."
WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster
contract, or a limited public works contract; and
WHEREAS, the City having sought and secured quotations from its small works roster,
and the Contractor being duly qualified as a Contractor on the small works roster having
submitted a quotation acceptable to the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials
and appurtenances and perform all services in a workmanlike manner and in accordance
with the plans and specifications as provided in the Project Description and
Specifications, attached hereto as Exhibit A.
2. Compensation. Compensation for the performance of the service and materials as
described in Exhibit A shall be:
W That amount set in the quotation attached hereto as Exhibit B subject to any
retainage or withholdings as provided below.
3. Time of Completion. The work covered by this Contract shall be completed with all
respects within 21 calendar days from the date of the Notice to Proceed. Once the
work is commenced, the Contractor shall diligently pursue the work to completion within
the time specified in this Contract.
4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public
works contract in compliance with RCW 39.04.350; and further agrees to comply with all
State and Federal laws relating to the employment and wage rates to be paid.
5. Indemnification.
5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
Immediate Needs Construction - Electrical Improvements Page 1
NorthPoint Constructing, Inc. — Small Works Roster Contract
demands, suits, judgments, including attorney fees, arising out of, or as a result of,
or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
5.2 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
injuries or damages to property caused by or resulting from the concurrent
negligence of the Contractor, and the City, its officers, employees, agents and
volunteers, the Contractor's liability and obligation to defend hereunder shall only
be the proportionate extent of the Contractor's negligence.
5.3 It is further agreed 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.
5.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
5.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Contractor's delayed or failed performance of Section 6 above.
5.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
6. 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, its
agents, representatives, employees, or subcontractors.
6.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types
described below:
6.1.1 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.
6.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. 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.
Immediate Needs Construction - Electrical Improvements Page 2
NorthPoint Constructing, Inc. — Small Works Roster Contract
6.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
6.1.4 Professional Liability insurance appropriate to the Contractor's profession.
6.2 Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
6.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
6.2.2 Commercial General Liability insurance shall be written with limits no
less than:
® $1,000,000 each occurrence;
® $2,000,000 general aggregate; or
❑ $ each occurrence; and $ general aggregate
6.2.3 Professional Liability insurance shall be written with limits no less than:
❑ $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
6.3.1 The Contractor's insurance coverage shall be primary insurance as
respects 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.
6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
6.5 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.
Immediate Needs Construction - Electrical Improvements Page 3
NorthPoint Constructing, Inc. — Small Works Roster Contract
7. Retainage and Performance Bond.
7.1 Unless it is waived as provided below, the Contractor shall provide and post for
the benefit of the City a Performance and Payment Bond issued by a qualified
surety insuring the Contractor's performance of all the provisions of the Contract
and payment of all labors, mechanics, and subcontractors and materialmen as
required by RCW 39.08.010.
7.2 The City shall withhold five percent (5%) of the money due to the Contractor for
the work performed under this Contact until completion and/or acceptance of the
Contract as provided by RCW 60.28.011. Contractor may elect an option for
management of the statutory retainage by notice to the City of the elected option
under RCW 60.28.011.
8. Work Site Conditions. The work performed under this Contract is done at the
Contractor's risk and that Contractor is familiar with the conditions present and other
contingencies likely to affect the work, and has submitted their quote accordingly. The
Contractor will assume the responsibility and risk of all loss or damage to materials or
work which may arise prior to completion.
The Contractor shall keep the work site in a neat, orderly condition and after completion
of the work, the Contractor shall, at its expense, clean up and remove all refuse and
unused materials of any kind resulting from the work.
9. General Provisions.
9.1 For the purpose of this Contract, time is of the essence.
9.2 Notice. Notice provided for in this Contract shall be sent by:
9.2.1 Personal service upon the Project Administrators.
9.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
9.3 The Project Administrator for the purpose of this Contract shall be:
9.3.1 For the City: Dan Ford, PE, or his/her designee
City Engineer
525 North 3rd
Pasco WA 99301
Ford Dgpasco-wa.gov
9.3.2 For the Contractor: Levi Currans, or his/her designee
NorthPoint Electrical Constructing, Inc.
Immediate Needs Construction - Electrical Improvements Page 4
NorthPoint Constructing, Inc. — Small Works Roster Contract
2213 Henderson Loop
Richland, WA 99354
LevigNorthPointElectrical.com
10. Dispute Resolution. This Contract has been and shall be construed as having been made
and entered into and delivered within the State of Washington, and it is agreed by each
party hereto that this Agreement shall be governed by the laws of the State of
Washington.
In the event of a dispute regarding the enforcement, breach, default or, interpretation of
this Contract, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as
amended, with both parties waiving the right of a jury trial upon trial de novo, with venue
placed in Pasco, Franklin County, Washington. The substantially prevailing party shall
be entitled to its reasonable attorney fees and costs as additional award and judgment
against the other.
10. Additional Documents. The following additional documents are, and included and
incorporated as a part of this Contract:
10.1 Project Description and Specifications.
10.2 Quotation.
IN WITNESS WHEREOF, the parties have executed by their duly authorized official
this Contract in triplicate, each of which being deemed an original on the date first written above.
CITY OF PASCO, WASHINGTON CONTRACTOR
BY - A By: .
Dave Zab I1, City Manager /
City of Pasco NorthPoint Electrical Constructing, Inc.
525 North 3rd 2213 Henderson Loop
Pasco WA 99301 Richland, WA 99354
(509) 545-3444 (509) 375-9700
Registration No. NORTHEC934CB
A ST: APPRO AS TO FORM:
)�7
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City Clerk Leland B. Kerr, City Attorney
Immediate Needs Construction - Electrical Improvements Page 5
NorthPoint Constructing, Inc. — Small Works Roster Contract
Exhibit A
PUBLIC WORKS/ENGINEERING DIVISION (509) 545-3444 / FAX (509) 543-5728
P.O. Box 293 (525 North 3 Avenue) Pasco, Washington 99301 / www.pasco-wa.gov
May 31, 2017
Small Works Roster Contractors
Subject: Wastewater Treatment Plant — Immediate Needs Construction
Electrical Contract Bid — Bid Instructions
1) Drawings for PLANT IMPROVEMENT PROJECTS — MAY 2017
ELECTRICAL CONTRACT (11 sheets total)
2) Reference material
a) Drawings for CHEMICALLY ENHANCED PRIMARY TREATMENT — MAY
2017 STRUCTURAL CONTRACT (4 sheets total)
b) Drawings for PLANT IMPROVEMENT PTROJECTS — MAY 2017
MECHANICAL CONTRACT (11 sheets total)
Bids are due June 6, 2017 at 2:00 P.M. PST. Please deliver your bids by email
to (MeredithH(Qpasco-wa.gov).
Scope of Work:
Contractors are required to provide all tools, materials, manpower, permits and
incidentals necessary to perform tasks outlined below.
The City is implementing improvements in three areas of their wastewater treatment
plant (WWTP). To expedite the completion of this work, it is being bid and executed
in three separate packages. The first package (structural) is anticipated to be
awarded on the week of March 9th and includes the installation of a concrete
chemical containment structure and a 1 Y4" potable water feed line supply. The
second package, mechanical work, includes installation of a concrete coating
system, various pieces of owner furnished equipment and associated piping, valves,
and appurtenances. The last package, this work, includes installing various
instruments and electrical/ control wiring to make the improvements functional.
A summary of the general sequence or installation constraints are provided below.
Contractor to provide all materials necessary to complete the installation shown on
the drawings. The three (3) instruments listed in the drawing instrumentation
schedule are to be provided and installed by the electrical contractor.
Installation Sequence/Constraints
• Page 2
May 31, 2017
• Work to be substantially complete within 21 calendar days of Notice to
Proceed. Notice to Proceed issuance will depend on completion of other
phases of work. Structural and mechanical work anticipated to be completed
in mid to late June.
• Trickling Filter Ventilation Work — can occur at any time after installation of
fans are completed by others
• Intermediate Clarifier Junction Box Work — can occur at any time after
installation of valving and valve box is completed by others.
• CEPT Ferric Chloride Work — can occur at any time after installation of
valving, chemical pump skid and storage tank is completed by others.
• Shutdowns of electrical and control systems to complete the proposed work
are to be kept to a minimum. Any required shutdowns are to be coordinated
in advance with the City and should be limited to 30 minutes or less.
• Contractor to coordinate with Engineer to field determine required termination
needs/locations.
1. Submission of Proposal
To be considered responsive, submissions are required to include costs for all
work described in the scope of work, applicable taxes and any permitting fees.
2. Bidders Responsibility Criteria
It is the intent of the City of Pasco to award these contracts to the lowest
Responsible Bidder. To be considered a Responsible Bidder this criteria must
be met and the City may require documentation demonstrating compliance
with the criteria. The bidder must:
a. Currently have a certificate of registration as a contractor in compliance
with chapter 18.27 RCW effective of the bid date;
b. Currently hold a Washington Unified Business Identifier (UBI) number;
c. If applicable:
i. Have Industrial Insurance coverage (workers' comp) for the
bidder's employees working in Washington in accordance with
Title 51 RCW;
ii. Have an employment security department number in
accordance with Title 50 RCW;
iii. Have a Washington Department of Revenue state excise tax
registration number in accordance with Title 82 RCW;
d. Not be disqualified from bidding on any public works contract under
RCW 39.06. 010 or 39.12.065(3);
• Page 3
May 31, 2017
e. Be eligible to perform services as governed by PMC 14.10
The contractor for this Public Works project must verify that all of these
requirements are met for all tiers of subcontractors.
3. Performance Bond and Labor and Material Payment Bonds
For contracts in excess of $35,000, prior to execution of the contract, the
successful bidder shall furnish Performance and Labor & Material Payment
Bonds covering the faithful performance of the contract and the payment of all
obligations arising thereunder in such form approved by the Owner and in the
amount of one hundred percent (100%) of the contract. For contract under
$35,000, awarding agency reserves the right to waive the bond requirements
or require 50% retainage withheld until necessary releases are received.
4. Execution of Contract
Execution of Contract The successful bidder must sign and return the
Agreement and furnish the Performance Bond, Labor & Material Payment
Bond, Certificate of Insurance, and Intent to Pay Prevailing Wages within
fourteen (14) days from the Notice of Award date. The Contract is executed
once all of the documents listed in this section are furnished within the timeline
specified and the City of Pasco then signs and dates the Agreement.
5. Insurance and Liability
The Contractor shall procure and maintain during the life of this contract such
insurance as shall protect him and any subcontractor performing work
covered by this contract from claims or damages for bodily injury, including
death resulting there -from as well as from claims for property damage, which
may arise from operations under this contract, whether such operations are
performed by himself or by any subcontractor or by anyone directly employed
by either of them.
Insurance must be placed with commercial insurance companies licensed to
do business in the State of Washington and which possess minimum financial
standards of A.M. Best Company,
"A-, IV' or better. Certificates of Insurance for all insurance shall be filed with
the City of Pasco naming the City of Pasco, its officers, employees, board,
and volunteers as Additional Insured. The policy shall be $1,000,000
occurrence and $2,000,000 aggregate.
All insurance policies by the Contractor shall provide (1) that the policies shall
not be cancelled or the amount thereof reduced without forty-five (45) days
• Page 4
May 31, 2017
prior written notice to the City of Pasco, and (2) that forty-five (45) days prior
written notice shall also be given if the policy is not to be renewed at the
scheduled expiration date.
6. Prevailing Wage
It is the sole responsibility of the Contractor to assign the appropriate
classifications to all laborers, workmen or mechanics that will perform any
work pursuant to any Public Works Contract and to ascertain the applicable
prevailing wage rates and fringe benefits for each such classification. Current
prevailing wage data can be obtained by the Contractor from the Industrial
Statistician of the Department of Labor and Industries, Prevailing Wage Office,
P.O. Box 44540, Olympia, Washington 98504-4540, (360) 902-5335, on their
website at
http://www.Ini.wa.govlTradesLicensing/PrevWage/WageRates/Printable/defau
It.asp, or a copy may be printed for you on your written request.
The City of Pasco, in accordance with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part
26 will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or
sex in consideration for an award.
If any questions, please contact me at the email above or by phone
(509.545.3447)
Sincerely,
Haley Meredith
Contract Compliance Specialist
Exhibit B
City of Pasco - Immediate Needs Construction
Electrical Improvements
Bid Form
Lump Sum Item
Lump Sum Price
Mobilization (maximum of 6% of total non -tax bid)
q S$ -.?-. 00
Trench Excavation/Safety Systems (per RCW 39.04.180)
I1 Ci Qp
Trickling Filter Ventilation Work
W. 12qR.CO
Intermediate Clarifier Junction Box Work
1(0 5g.00
CEPT Ferric Chloride Work
0 (g (04. 00
Clean-up/Demobilization (minimum of 6.% of total non -tax bid)
00
Subtotal
Cl Galoo
Washington State Sales Tax (8.6%)
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Project Total:
Authorized Signature:
Title:�,�--
Company:
ZZ i � /"r � h'Q L ►-Sirs-./ �cr�° �%
Date: f L i -7
Date
$ 6,532.82
$82,495.82
CITY O1�
PASCO
"'gill►IIIfIIII�i���I�IIIIIIIuIaI���
PUBLIC WORK DEPARTMENT (509) 543-5738 / FAX (509) 543-5737
P.O. Box 293 (525 North 3'd Avenue) Pasco, Washington 99301 / www.pasco-wa.gov
ADDENDUM NO. 1
Wastewater Treatment Plant — Immediate Needs Construction
Electrical Contract Bid
June 5, 2017
Addendum No. 1 Acknowledgement Page
This addendum includes:
1 - 8/2x 11" Acknowledgement Page
2 - 8 % x 11" Comments & Clarifications Sheets
3 Total Sheets
The Bid Openinq Schedule has NOT changed Submittals are due on:
Tuesday - June 6, 2017 at 2:00 pm.
This addendum will be sent through email only.
NOTICE is hereby given that this acknowledgement cage must be signed and
enclosed with the sealed bid for the Wastewater Treatment Plant — Immediate Needs
Construction Electrical Contract as evidence that the bidder has familiarized themselves
with all information incorporated herein.
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Company N/a�me
Lev ► W.1-Y`u o v cAD r
Name (Pja?lc-Rrintt),,. Title
Signature
Wastewater Treatment Plant — Immediate Needs Construction
Electrical Contract Bid Addendum No. 1
Project No. CP9-SE-1A-17-01 Page 1