HomeMy WebLinkAboutIndustrial Constructors - WWTP - Containment PadCONTRACT
SMALL WORKS ROSTER
Wastewater Treatment Plant
Chemically Enhanced Primary Treatment Containment Pad
THIS CONTRACT is made and entered into this 1� day of Ma4 , 2017, by
and between the City of Pasco, Washington, a Municipal Corporation, hereina er referred to as
"City", and Industrial Constructors, 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:
CK 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,
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Industrial Constructors 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 Scone 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.
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Industrial Constructors 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:
X $1,000,000 each occurrence;
�J $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 ANII.
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.
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Industrial Constructors 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
FordDA,yasco-wa.gov
9.3.2 For the Contractor: Don J. McMillin, or his/her designee
8524 W. Gage Blvd., A285
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Industrial Constructors Inc. — Small Works Roster Contract
Kennewick, WA 99336
dcmcmillinCa,ici-tc.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.
10.3 Performance and Payment Bond.
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
By:
Dave Zabell, City Manager
City of Pasco
525 North 3rd
Pasco WA 99301
(509) 545-3444
CONTRACT
By:
Millin, President
Industrial Constructors, Inc.
8524 W. Gage Blvd., A285
Kennewick, WA 99336
(509) 628-3335
Registration No. INDUSI*003QH
ATTEST: APPROVED AS TO FORM:
I
City Clerk V e and B. Kerr, City Attorney
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Industrial Constructors Inc. — Small Works Roster Contract
PUBLIC WORKS/ENGINEERING DIVISION
P.O. Box 293 (525 North 3` Avenue) Pasco, W
May 1, 2017
Small Work Roster Contractors
Exhibit A
5453444 / FAX (509) 5435728
on 99301 /www.pasco-wa.gov
SUBJECT: CEPT CONTAINMENT PAD — BID INSTRUCTIONS
Please find enclosed the following:
1. Bid form for the project listed above.
2. Drawings for CHEMICALLY ENHANCED PRIMARY TREATMENT —
CONTAINMENT PAD (4 sheets total)
As indicated on the transmittal letter, bids are due May 9, 2017 at 2:00 P.M. PST.
Please deliver your bids by email (MeredithH(cb_pasco-wa.gov).
Scope of Work Summary:
• Stormwater inlet erosion and sediment control
• Demolition and removal of existing asphalt and concrete sidewalk and
curbs
• Installation of 1 '/6 - inch potable water line and appurtenances
• Existing SS pipe encasement and subgrade preparation
• Installation of concrete containment pad, stem walls and tank pad
• Surface restoration (asphalt and concrete)
• Placement of concrete containment pad, stem walls and tank pad
substantially complete within 21 calendar days of Notice to Proceed
• Building Permit has been secured.
If any questions, please contact me at the email above.
Sincerely,
A4y
Haley Mer dith
Contract Administrator
Exhibit B
City of Pasco - Immediate Needs Construction
CHEMICALLY ENHANCED PRIMARY TREATMENT:
Containment Pad Bid
Bid Form
Lump Sum Item
Lump Sum Price
Mobilization (maximum of 6% of total non -tax bid)
a"
Trench Excavation/Safety Systems (per RCW 39.04.180)
/FJo
Demolition
Z 0
Concrete Containment and Tank Pad
aL)O
PW Line and Appurtenances
O�
Surface Restoration
poo
Clean-up/Demobilization
570 e
Subtotal
/o/ 600
Washington State Sales Tax (8.6%)
29 -7 • mo
Project Total:
66 W-/, 40
Authorized
Title: h rie4l f-
Company: Indiictrial rnnSttrtJCtOrS, In6
8524 W. Gage Blvd., A285
Address: Kanl1PYV4k, WA 99336
Phone: �Zf- z//g5/
Date