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HomeMy WebLinkAbout4876Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4876 CALGON CARBON CORPORATION Pre-purchase Treatment Equipment-UV Treatment Facility Engineering LEG 12-1 01/29/2010 Ol/31/2011 12/O1/2010 Comments : � �� ., �r ::F. ,�;:; ,,. SECTION 00500 AGREEMENT(PROCUREMENT) ,Zo io THIS PROCUREMENT AGREEMENT hereinafter referred to as an "Agreement" is dated as of the a 9`�' day of � Y � in the year 2�9 by and between the City of Bremerton (hereinafter called Buyer) an (s .� � Q,� n C�r-I�0 n(ti.d ro�.�70n (hereinafter called Seller). Buyer and Seller, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. GOODS AND SERVICES. 1.1 Seller shall furnish the Goods and Special Services and other services as specified or indicated in the Procurement Contract Documents. Article 2. THE PROJECT. 2.1 The Project for which the Goods and Special Services are to be provided under the Procurement Contract Documents may be the whole or only a part is generally described as follows: Bremerton iJV Treatment Facility — iJV System Procurement design, fabrication and delivery of W System equipment and ancillary components, assistance during installation of the Goods, testing, commissioning, training assistance, delivery of operational and maintenance manuals, one year of operations assistance and warranty of the system. 2.2 2.3 The Buyer shall execute the Agreement and�administer the Contract for the Project. The Seller shall deliver the required Bonds and insurance certificates in accordance with Article 4 of the Procurement General Conditions. A. At the time of the effective date of the Agreement, a Performance Bond shall be provided for the full amount of the Contract for the indicated amount. Article 3. ENGINEER 3.1 The Goods and Special Services have been specified by HDR Engineering, Inc. (hereinafter called Engineer), who will act as Buyer's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer by Buyer in connection with the furnishing of the Goods, Special Services, and other services in accordance with the Procurement Contract Documents. Article 4. POINT OF DESTINA7'ION. 4.1 4.2 The place where the Goods aze to be delivered is defined in the Procurement General Conditions as the point of delivery and designated as: 8301 West Old Belfair Highway Bremerton, WA 98312 Seller shall notify Buyer approximately three weeks prior to shipment to determine actual point of destination that shall be within 100 miles of assumed point of destination listing in 4.1. Article 5. CONTRACT TIME. 5.1 All Shop Drawings and Samples required by the Contract Documents (Special Engineering Services) shall be submitted to the Buyer for Engineer's review and approval in accordance with the following schedule: Bidder's Initials City of Bremerton 00500 - Agreement (Procurement}1 � � p7g4 Bremerton W Treatment Fadlity - UV System Procurement Bid Documents - October 27, 2009 rr� con�rr�►cT n�E N0. 1 Shop Drawing Submittal 2 Shop Drawing Re-Submittal AIOTICE TO BEGIN CONTRACT TIMES CALENDAR DAYS Effective Date of Agreement 30 Upon Receipt of Engineer Comment 14 Shop drawing approval shall occur within 60 days of the Effective Date of Agreement. 5.2 The Goods aze to be delivered to the point of delivery and ready for Buyer's acceptance of delivery in accordance with the following schedule. A. The Seller shall not commence the manufacture of any Goods until the Shop Drawings have been approved and a"Notice to Commence Fabrication" of the Equipment has been issued. The buyer is not obligated beyond ten percent of the contract price (per Paragraph 73A) until the "Notice to Commence Fabrication" has been issued. B. The Seller shall deliver the goods to the Point of Destination per the following schedule: +, e �„i;�K Delivery of Goods, induding Lamps and Spare Parts n�n� ro BEr� coHrw►cT ra�ES � cn�.�rooa�t DAYS Notice to Commence Fabrication 150 C. The Seller shall deliver the Goods to the Point of Destination not later than 210 days after the Effective Date of the Agreement. D. Seller must allow up to 240 days between delivery of Goods and Notice of Completed In,stallation in which Contract Times are not running. 5.3 The furnishing of Special Services by Seller to Buyer shall be in accordance with the following schedule and will be coordinated through the Installation Contractor. ITEM N0. 1 2 3 4 5 6 COM'RACT TIME Installation Manuals Commissioning Operator Training Preliminary 0&M Manual Acceptance Testing Final 08M Manual 1�?TICE T� BEGiAf CONTRACT TINIES Approved Shop Drawings Notice of Completed Installation Notice of Completed Commissioning Approved Shop Drawings Notice of Completed Commissioning Receipt of Comments on Preliminary 0&M Manual GALENDAR DAYS 60 15 7 60 30 30 7 I Correction Period I Notice of Substantial Completion I 365 Bidder's Initials City of Bremerton 00500 - Agreement (Procurement}2 110784 Bremerton UV Treatment Faality - W System Procurement Bid Docume�ts - Odober 27, 2009 � � � �J � �J :O �J � E�J � � � � �I, � � 0 5.4 5.5 All Shop Drawings and samples required by the Procurement Contract Documents will be submitted to Engineer for review and approval as stipulated in Specification Section 01340. Liquidated Damages. A. Buyer and Seller recognize that time is of the essence of this Agreement and that the Buyer will suffer financial loss if the Goods aze not delivered at the point of delivery and ready for acceptance of delivery by Buyer within the time specified in paragraph 5.2 above, plus any extensions thereof allowed in accordance with Article 7 of the Procurement General Conditions and Supplementary Conditions. They also recognize that the timely performance of services by other parties involved in Buyer's project are materially dependent upon Seller's specific compliance with the requirements of Article 5 of this Agreement. Furkher, they recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual losses or damages suffered by Buyer if conforming Goods aze not delivered on time. Accordingly, instead of requiring any such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer three-thousand dollazs ($3,000.00) for each day that expires after the time specified in paragraph 5.2 of this Agreement. By execution of this Agreement, the Buyer and the Seller expressly agree that these damage amounts aze reasonable under the circumstances existing at the time this Agreement is executed. B. Buyer and Seller recognize that time is of the essence of this Agreement and that the Buyer will suffer financial loss if the Special Services are not delivered in a tunely manner as stated in paragraph 5.3 Items 2 and 5 above, plus any extensions thereof allowed in accordance with Article 7 of the Procurement General Conditions and Supplementary Conditions. They also recognize that the timely performance of services by other parties involved in Buyer's project are materially dependent upon Seller's specific compliance wiW the requirements of Article 5 of this Agreement. Further, they recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual losses or damages suffered by Buyer if Commissioning and Acceptance testing Special Services are not delivered on time. Accordingly, instead of requiring any such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer three-thousand dollars ($3,000.00) for each day that expires after the time specified in paragraph 5.3 Items 2 and 5 of this Agreement. By execution of this Agreement, the Buyer and the Seller expressly agree that these damage amounts are reasonable under the circumstances existing at the time tlus Agreement is executed. C. The Buyer may deduct the amount of liquidated damages from monies due the Seller under this Agreement. D. The liquidated damages set forth in this Section 5.5 shall constitute the Buyer's sole remedy for delays by the Seller in achieving any of the milestone delivery dates with respect to delivery of Special Engineering Services, Goods, and Special Services. E. Liquidated Damages shall be assessed per day of delay and in the event that there aze multiple items where the Contract Times have been exceeded Liquidated Damages shall not be combined. Article 6. CONTRACT PRICE. 6.1 Buyer shall pay Seller for fiunishing the Goods and Special Services and for performing other services in accordance with the Procurement Contract Documents in current funds in accordance with Bid Item No. 1 Price in Section 00300 - Procurement Bid Form. 6.2 Payment of State Sa1es Tax to comply with Article 18 of Section 00100 Instructions to Bidders wluch is included in Bid Item No. 1 Price in Section 00300 - Procurement Bid Form. Bidder's Initials City of Bremerton 00500 - Agreement (Procurement}3 110784 Bremerton W Treatrnent Faality - UV System Procurement Bid Daximents - Odober 27, 2009 Article 7. PAYMENT PROCEDURES. 7.1 Seller shall submit Applications for Payment in accordance with Article 10 of the Procurement General Conditions. Applications for Payment will be processed by Engineer as provided in the Procurement General Conditions. 7.2 Progress Payments A. Owner shall make a progress payment on the basis of Sellers Application for Payment as follows: The Contract will be paid to the Seller as noted in Article 11.2 of the Agreement. Seller shall submit progress payments to Buyer for approval by Engineer. Payments will be based upon the following schedule: PAYMENT First Application Secand Application Third Application Fourlh Application CONTRACT NULESTONE Notice to Commence Fabrication Delivery of Goods Successful Completion of Acceptance Testing Notice of Contract Completion Except Correction Period induding Delivery of Fnal O�M Manuals / Training, Recob Drawings and Notice of Substantial Completion PERCENT OF TOTAL CO(�TRACT PRICE (CUMULATNEy 10 perceM 80 percent� 90 percent 100 percent Applications for Payment and payments shall be by Article 11 following assignment to the Installation Contractor. Upon the Buyer's approval of the final Application for Payment, accompanied by the Engineer's recommendation for payment in accordance with Paragraph 10.06 of the General Conditions, the City shall make the final payment to bring the total payment to 100 percent of the Contract Price as adjusted for changes to the Contrdct Price or less any prior payments to Seller. This payment, at the Engineers recommendation, may be less such amounts, as Engineer shall determine in accordance with the Agreement or any applicable provisions of the General Conditions. Article 8. INTEREST. 8.1 Subject to the provisions of Article 10 of the General Conditions, all monies not paid within 90 days after the receipt of the Seller's Application for Payment shall accrue interest at the rate of the 6 percent per annum. Article 9. SELLER'S REPRESENTAT'IONS. In order to induce Buyer to enter into this Agreement Seller ma,kes the following representations: 9.1 Seller has familiarized himself with the nature and extent of the Procurement Contract Documents and has given Engineer written notice of all conflicts, errors or discrepancies that he has discovered in the Procurement Contract Documents and the written resolurion thereof by Engineer is acceptable to Seller. Bidder's Initials City of Bremerton 00500 - Agreement (Procurement}4 110784 Bremerton W Treatrnent Facility - W System ProcuremeM Bid Documenffi - October 27, 2009 � � `�.. ��, �': i� 9.2 Seller has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect the production aad delivery of the Goods and furnishing of Special Services and other services in connection therewith. 9.3 Seller does not require additional information from Buyer or Engineer to enable Seller to fiunish the Goods and Special Services and other services at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Procurement Contract Documents, but subject to Seller's right to request interpretations and clarifications in accordance with paragraph 9.02 of the Procurement General Conditions. � 9.4 Seller has correlated the results of all such examinations, investigations, and resolutions with the terms and conditions of the Procurement Contract Documents. 9.5 Independent Contractor - Seller's relationship to the Buyer in performance of ttus Agreement is that of an Independent Contractor. The personnel perfomung services under this Agreement shall at all times be under the Seller's exclusive direction and control and not employees of the Buyer. Seller shall pay all wages, salaries and other amounts due to its employees in connection with this agreement and shall be responsible for all applicable state, federal, and local reports and obligations respecting them such as labor wages, social security, income tax withholding, unemployment compensation and similaz matters. Article 10. PItOCUREMENT CONTRACT DOCUMENTS. 10.1 The Procurement Contract Documents, which comprise the entire Agreement between Buyer and Seller are attached to, or accompany, this Agreement. The Procurement Contract Documents are labeled, "City of Bremerton, Bremerton UV Treatment Facility, W System Procurement, Bid Documents". The Contract Documents consist of the following: A. Agreement (Procurement) B. Exhibits to the Agreement 1. Section 00300: Bid Form 2. Sections 00350, 00360, 00370, 00380, 00390 C. Performance Bond D. Payment Bond ,;`^' E. General Conditions F. Procurement Supplementary Conditions G. General Requirements as listed in table of contents of the Bid Documents (Division 1, Section Specifications) H. Technical specifications as listed in table of contents of the Bid Documents (Division 10, Division 11, Division 13, and Division 16 Section Specifications) 0 * :';•.' :t. ;'� � `;; �+ I. Addenda (Numbers to , inclusive) J. Notices Written by Engineer or Owner after the Effective Date of the Agreement Article 11. MISCELLANEOUS 11.1 Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions. Bidder's Initials City of Bremerton 00500 - Agreement (Procurement}5 � � p7g4 Bremerton UV Treatrnent Faality - UV System Procurement Bid Documents - Odober 27, 2009 11.2 Buyer and Seller each binds itsel� its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 11.3 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Buyer and Seller. The Contract Documents sb.all be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 11.6 This Agreement that includes the Contract Documents contains the entire agreement, between the parties and supersedes all prior negotiations, discussions, obligations, and rights of the parties regarding the subject matter of this Agreement. There is no other writte� or oral understanding between the parties. No modification, amendment or alteration of ttus Agreement shall be -valid unless it is in writing and signed by the parties hereto. 11.7 This Agceement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page. 11.8 Each person signing on behalf of a corporation, partnership, joint venture or governmental entity hereby declazes that he or she, or it has the authority to sign on behalf of his or her or its respective corporation, partnership, joint venture, entity and agrees to hold the other party or parties hereto harmless if he or she or it does not have such authority. Article 12. INDENINIFICATION. 12.1 The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR aad OWNER acknowledge and agree to the requirements for indemnification in paragraph 5.09 of Sections 00700 and 00805. The provisions of this article shall survive the termination or expiration of this agreement. Article 13. SU5PENSION OF WORK AND TERMIl�IATION 13.1 The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00805 (Supplementary Conditions). IN WITNESS WHEREOF, the parties hereto have signed this Procurement Agreement in triplicate. One counterpart each has been delivered to Buyer, Seller and Engineer. . All portions of the Procurement Contract Documents have been si�ed or identified by Buyer and Seller. This Procurement Agreement will be effective on 20 Bidder's Initials Cily of Bremerton 00500 - Agreement (Procurement}6 Bremerton W Treatrnent Faality - UV System Procurement 110784 Bid DocumenLs - Odober 27, 2009 �a,; I f� i --� ,:y .�;r; � ,.�,y�, ' M � "; I � $:rc --1 ,� ,; . �;; ,�: Buyer: City of Bremerton B � 1' _ [Corporate Seal] Attest: , Address for giving norice Department of Public Works and Utilities Engineering Division 3027 Olympus Drive Bremerton, WA 98310 Attn: Ned Lever, .P.E. (If Buyer is a public body, attach evidence of authority to sign and resolution or other document authorizing execution.) Seller: (� Gl, l� D 1') �YJO /j „ �.p f�0 !Rt O/1 � Seal] Attest: � ��►Q,�,,t., ,, Address for giving notice �6oa m �G are.n l�oo� s�r�y�e, �rn�pr� �s, �} ,slag (If Seller is a corporation, attach evidence of authority to sign.) END OF SECTION Appro rm: N CITY ATTO EY City of Bremerton 00500 - Agreement (Procurement}7 110784 Bremerton UV Treatrnent Faality - UV System Procurement Bid Documents - October 27, 2009 � t AC1t7RD DATE(MM/DDNYYY) ��. CERTIFICATE OF LIABILITY INSURANCE 05/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE.OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN,THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE.HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Marsh USA Inc. PHONE FAX Six PPG Place,Suite 300 (A/C.No.Ext): (A/C,No): Pittsburgh,PA 15222 E-MAILSS: Attn:Pittsburgh.certrequest@marsh.com;fax 212-948-0836 INSURER(S)AFFORDING COVERAGE _ NAIC# J02175--CasPL-16-17 INSURER A:National Union Fire Ins Co Pittsburgh PA 19445 INSURED INSURER B:N/A N/A Calgon Carbon Corporation Attn:Peter Lee INSURER C:The Insurance Company of the State of Pennsylvania 19429 3000 GSK Drive INSURER D:N/A N/A Moon Township,PA 15108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-004729668-22 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, • EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDNN YYY) (MM/DDYYY) A X COMMERCIAL GENERAL LIABILITY GL1929756 06/01/2016 06/01/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTEDPREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 0 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 Self-Insured Retention $ 500,000 OTHER: A AUTOMOBILE LIABILITY CA0948237(PA,OH, 06/01/2016 06/01/2017 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO AZ,KY,IL,MS,TX,LA,MA) BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED CA0939881(MA) 06/01/2016 06/01/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS — NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) _ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION WC018721164(CA) 06/01/2016 06/01/2017 XI PER 1OTH- AND EMPLOYERS'LIABILITY STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC018721165(AZ) 06/01/2016 06/01/2017 E.L.EACH ACCIDENT $ 1,000,000 COFFICER/MEMBER EXCLUDED? N N/A (IL,KY) 06/01/2016 06/01/2017 1,000,000 (Mandatory in NH) WC018721169 E.L.DISEASE-EA EMPLOYEE $ C If yes,describe under WC018721167(NJ,PA) 06/01/2016 06/01/2017 E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Job Ref:City of Bremerton,Bremerton,Washington-Bremerton UV Treatment Facility UV System Procurement The City of Bremerton is/are included as additional insured(except workers'compensation)where required by written contract. Waiver of subrogation is applicable where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 345 6th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bremerton,WA 98337 ACCORDANCE WITH THE POLICY PROVISIONS: AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee ef O. e - .;3.01.A..ic-.uw a - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • - AGENCY CUSTOMER ID: J02175 • LOC#: Pittsburgh ACO ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Calgon Carbon Corporation • Attn:Peter Lee POLICY NUMBER 3000 GSK Drive Moon Township,PA 15108 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance POLICY NUMBER:WC018721168 STATE(S)COVERED:MA,ND,OH,WA,WI,WY • INSURER:THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA EFFECTIVE AND EXPIRATION DATES:06/01/2016-06/01/2017 POLICY NUMBER:WC018721166 • STATE(S)COVERED:CT,MS,NY,OR,TX,LA INSURER:THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA EFFECTIVE AND EXPIRATION DATES:06/01/2016-06/01/2017 • • • ACORD 101 (2008/01) ©2008 ACC/RD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD L E JUN 0 1 2016 0004684 SP 0293 -C01-P04686-1 City of Bremerton City of Bremerton DCD 345 6th Street Bremerton, WA 98337