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HomeMy WebLinkAbout5203Contract Number• Vendor Sub�ect: Department: File Class Begin Date End Date: Review Date• Vault Date 5203 PUMP TECH, INC. GSA Cook Road Water Booster Station Pump System Engineering LEG 12-1 11/12/2012 2/10/2013 2015 Comments• GOODS AN� SERVICES AG12EElVIENT ��/�� Cook Road Water Booste� Statio� Pump System ��� THIS A�'rREEMENT is entered into between the �rty of Bremerton, a Waslungton Murucipal �orporat�on ("City"), and Pump Tech, Inc ("Vendor"), whose maslmg address is 12020 SE 32°� Street Suite 2, Bellevue, WA 98005 The parties agree as follows 1. VENDOR SERVICE5. The Vendor shall provide the followuig goods and matenals and/or perform the followuig sernces for the Gty Provide Pumpmg System for Cook Road Water Booster Stat�on Booster PAQ Hydro MPC E 2 CRE 10-6 5 HP, 208Volt, 3 Phase Emergency/Normal Switches Surge Protect�on Pump Service Disconnect Run Lights I0351B Module with 7 Lhgital Outputs Phase Momtar Elapsed Tune Meters Diphram Tanlc CR 10 10 3 gal Liquid level switch for run dry protect�on CN Module for SCADA Start-up and Trainu�g 2, TIME OF COMPLETYON. Vendor shall co�plete the work and �rovide all goods, matenals and sernces withvn 9Q calendaz days from the date all parties have signed tlus Agreement 3. COMPENSATION. The Crty shall pay the Vendor the total atnount not to exceed $22,000 00, mcludmg applicable Washulgton State Sales Tax, for the goods, matenals and services cantemplated m tlus Agreement A Defecnve or Unauthonzed Work The Crty reserves rts nght to wrthhold payment from Vendor for any defi�hve or unauthonzed goods, matenals or services If Vendor �s unable, for any reason, to complete any part of tlus Agreement, the Czty may_obtaui the goods, matenals or sernces by Agreement or othervv�se, and Vendor shall be liable to the Crty for any additional costs mcurred by the Crty "Addit�onal costs" shall mean all reasonable costs, mcluchng legal costs and attoiney fees, mcurred by the City beyond the maximum Agreement pnce spec'�ied above The City further reserves rts nght to deduct the cost to complete this Agreement, mcludmg any Addihonal Costs, from any and all amounts due or to become due the Vendor 4. INDEPENDEIVT CONTRACTOR Contractor is and sha11 be at all tunes acbng as an mdependart contractor and not as an employee of the Ciry The Contractor shall secure at rts e�cpense, and sha11 be respons�ble for all payments of mcome tax, social secunty, state disability u�surance compensat�on, unemployment compensat�on, and all of�er payroll deduct�ons for the_Cantractor, officer, agents, employees and sub-contractors The Contractor shall also secure all applicable busuiess hcenses, �f requued, m connechon wrth the contract sexvices, mcludu�g all reqwred hcenses for Contractor's of�cers, agents, employces and sub- contractors 5. TERMINATION. The C�ty may temunate tius Agreement for good eause "Good cause" shall u�►clude, witl�out lunitahon, any one or more of the followuig events A The Vendor's refusal or failure to supply a suffic�ent number of properly skilled workers or proper matenals for completion of th�s Agreement B The Vendor's failure to complete ttus Agreement wittun the tune specified m tlus Agreement C The Vendor's failure to make full and prompt payment to subcontractors or for matenal or iabor D The Vendor's fa�lure to complete with fec�eral, state or local laws, rules or reguiat�ons E The Vendor's filu►g for bankiuptcy or becomuig ad�udged banlmipt If the City temunates ttus Agreement for good cause, the Vendor shall not receive any further motues due under ttus Agreement until the goods, matenals and sernces reqwred by tlus Agreement are completed and fully perFormed 6. CHANGES The City may issue a wntten change order for any change m the goods, matenals or services to be provided dunng the performance of this Agreement If the Vendor determines, for any reason, that a change order �s necessary, Vendor must submit a wntter► change order request to an authonzed agent of the Criy vv�ttun fourteen (14) calendar days of the date Vendor Imew or should have known of the facts and events givmg nse to the requested change If the City deternunes that the change uiereases or decreases the Vendor's costs or tune for perf'ormance, the �ity will make an eqwtable adjushnent The Criy will attempt, in good faith, to reach ageement vv�th the Vendor on all eqwtable adjustments However, if the partres are unable to agree, the City wili deternune the eqiutable ad�ustment as rt deems appropnate The Vendor shall proceed with the change order work upon receivmg either a wntten change order from the City or an oral order from the City before actually receivuig the wntten change order If the Vendor fails to reqiure a change order witlun the hme allowed, the Vendor waives its nght to make any cla�m or submit subsequent chattge order requests for that porhon of the contract work If the Vendor disagrees with the equrtable ad�ushnent the Vendor must complete the change order work, however, the Vendor may elect to protest the ad�ustment as provtded below A Procedure and Protest by the Vendor If the Vendor disagrees wrth anytlung reqwred by a change order, another wntten order, or an oral order from the City, mcludmg any duection, uistruct�on, mterpretat�on, or determmat�on by the City, the Vendor shall Immediately give a signed wntten not�ce of protest to the Crty, 2 Supplement the wrrtten protest witthm fourteen { 14) calendar days wrth a wntten statement that provides the followuig �nformatton The date of the Vendor's protest b The nature and circumstances that caused the protest c The provisions in tlus Agreement that support the protest d The esttmated dollar cost, if any, of the protested work and how that estunate was determu�ed An analysis of the progress schedule showuig the schedule change or d►srupt�on if the Vendor �s assertuig a schedule change or disrupt�on 3 The Vendor shall kap complete records of extra costs and tune incurrad as a result of the protested work The Crty shall have access to any of the Vendor's records needed for evaluatmg the protest The Crty will evaluate all protests, provided the procedures in ttus section are followed if the Crty determmes that a protest is valid, the City will ad�ust payment for work or tune by an eqwtable ad�ustment No ad�ustment will be made for an mvalid protest B Vendor's Duty to Complete Protested Work In sprte of any protest, the Vendor shall proceed promptly to pruvide the goods, matenals and services reqiured by the City under ttus Agreetnent C Vendor's Acceptance of Chan� The Vendor accepts all reqwrements of a change order by (1) endorsmg it, (2) wntmg a separate acceptance, or (3) not proteshng in the way tlus sectton provides A change order that is accept�ed by Vendor as provided m tlus s�t�on shall const�tute full payment and Snal settlement of all claims for caniract tune and for du�ect, indu�ect and consequent�al costs, mcluduig costs of delays related to azry work, e�ther covered or affected by the change D Fa�lure to Protest Conshtutes Wa�ver By not protesting as this sechon provides, the Vendor also wa�ves any addirional entatlement and accepts from the City any wntten or oral order (mcludmg duections, instruct�ons, mterpretations, and deternunataon) E Failure to Follow Procedures Constatutes Wa�ver By failing to follow the procedures of tlus section, the Vendor completely wa�ves any claims for protested work and accepts from the City any wntten or oral order (mcluduig du�ections, uistruct�ons, interpretahons, and detemiuiahon) 7. CLAIMS. The Vendor shall give wntten nohce to the Crty of all clauns other than change orders withui fourteen (14) calendaz days of the occurrence of the events givmg nse to the clauns Arry cla�m for damages, addit�onal payment for any reason, or extension of tune, whether under ttus Agreement or otherwise, shall be conclusively deemed to have been wazved by the Vendor unless a tunely wntten claim is made m stnct accordance rvrth the applicable provisions of this Agreement, or, if (and only � no such provision is apphcable, unless that claun is set forth m deta�l m wntzng and received by the City wrthm seven (7) calendar days from the date Vendor laiew, or should have known, of the facts givuig nse to the claun At a aununum, a Vendor's wntten cla�m must mclude the uiformat�on set forth regarding protests m Sechon 6(A)(2)(a)-(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIlVIE ALLOWED SHALL BE AN ABSOLUTE WANER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, m any event, file any claun or bruig any suit ansmg from or connected wrth tlus Agreement vv�thm 120 calendaz days from the date the contract work is complete 8. WARRANTY. The Vendor shall correct all defects in workmanslup and matenals vv�ttun a rmnunum of one year from the date of the Crty's acceptance of the Contract work This agre�ment does not lmut the manufacturer's warranty When defects aze corrected, the warranty for that portzon of the work shall extend for one year from the date such correchon is completed and accepted by the City The Vendor shall begm to correct any defects withui seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor dces not accomplish the correct�ons wrtlun a reasonable tune, the Crty may complete tb.e co�ons and the Vendor shall pay all costs mcurred by the Ciry in order to accomphsh the correct�on. 9. INDEMIVIFICATION. Vendor shatl defend, mdemndy and hold the Crty, rts officer, officials, employees, agents and volunteers harmless from any and all clauns, in�unes, damages, losses or suits, mcluduig all legal costs and attomey fees, arisu�g out of or m connechon wrth the performance o�'tlus Agreement Vendor's obhgat�on to mdemrufy shall not extend to that pottron of darnages caused by the City's sole negligence The Crty's uispect�on or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemiuficahon Should a court of competent�unsdict�on determine that this Agreement is sub�e�t to RCW 4�4 115, then, in the event of habilriy for damages ansing out of bodily m�ury to persons or damages to properiy caused by or resulhng from the concurrent negiigence of the Vendor and the Crty, its off'icers, of�icials, employees, agents and volunteeas, the Vendor's I�ab�ty hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS 1NDEMNIFICATION C4NSTITUTES THE CONSULTANT'S WANER OF I�vIMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPQSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWL,EDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WANER. The provisions of tlus sect�on shall survive the expuahon or temuriahon of tlus Age,einent 10. INSURANCE. The Vendor shall procure and mauitain for the durat�on of tlus Agr�ment, uisurance against claims for m�unes to persons or damage to property that may anse from or m connechon wrth the performance of the Contract work by the Vendor, its agents, representahves, employees or subcontractors Before beguuung work on the pro�ect descnbed m tlus Agreement, the Vendor shall provide a Cerhficate of Insurance evidencmg Automobile Liabihtv msurance v�nth luYUts no less than $1,000,000 comb�.ned smgle lumt per accident for bodily m�ury and property damage, and 2 Commercial General Liabilitv uisurance wntten on an occurrence basis wrth lumts no less than $1,000,004 combined smgle lurut per occurrence and $2,000,000 aggregate for personal in�ury, bodily m�ury and property damage Coverage shall mclude but not be luruted to blanket contractual, products/completed ogerat�ons/broad form property damage, and employer's hab�ty Any payment of deduct�ble or self msured retenhon shall be the sole responsibihty of the Vendor All reqwred policies shall be provided on an"occurrence" basis except professional hability insurance (if reqwred), wluch sha11 be provided on a"clauns-made" basis The City shall be named as an addirional uisured on the Commercial General Liability u�surance pohcy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the Crty as addihonal u►sured shall be attached to the Certificate of Inswance The City reserves the nght to receive a certified copy of all the required vnsurance policies The Vendor's Commercial General Liab�t3� uLSUrance shall contam a clause stating that coverage shall apply separately to each uisured agamst whom claun is made or swt is brought, �cept with respects to the lunrts of the u�surer's hability The Vendor's uisurance shall be pnmary uisurance as respects the City and it shall be an af�irmatave obhgahon upon Consultant to advise the City's Risk Manager by fa7c at {360) 473-5161, or by certified ma�l, return receipt requested to City of Bremerton, attn Risk Management, 345 6�' Street, Suite 600, Bremerton, WA 98337 vv�thin two days of the cancellat�on, suspension or substant�ve change of any uisurance pohcy set out hereui, and failure to do so shall be construed to be a breach of this Agreement The Crty also reserves its unquahfied nght to requu at any tune and for any reason, proof of coverage m the form of a duphcate of the msurance pohcy wrth al) endorsements as evidence of coverage 11. MISCELLANEOUS. A Licenses and Taxes Vendor shall possess a current Bremerton Busmess License and any regulatory hcense reqwred to �iil�'ill Vendor's obhgat�ons under this contract B&b taxes shall be pa�d when due, and Vendor, by tlus agreement, assigns any payments due under tlus contract to the Criy Clerk for payment of such taxes which have been declared delmquent B Conflict and Precedence In the event of a conflict between the contract documents, the document wluch rates lugher on the followuig hst shall take precedence Addenda, if any, 2 Contract, 3 Specificat�ons, 4 Terms and Condit�ons, 5 Contractor's proposal C Nondiscnmuiatron In the luru�g of employees for the performance of work under tlus Agreement the V�dor, rts subcontractors, or any person act►ng on behalf of Vendor shall not, by reason of race, rehgion, color, sex, sexual onentat�on, nahonal ongm, or the presence of any sensory, mental, or physical disability, d�scnnunate agau�st aYry person who is qualified and avaslable to perform the work to wluch the employment relates 0 E F g � K Comphance v�nth Laws Vendor shall comply v►ath all federal, state and local laws, rules and regulahons throughout every aspect in the performance of tlus Agreement Work Performed at Vendor's Risk Vendor shall take all precauhons necessary and shall be responsible for the safety of rts employees, agents, and subcontractors m the performance of ttus Agreement All work shall be dane at Vendor's own nsk, and Vendor shall be responsible for any loss of or damage to matenals, tools, or other anc�les used or held for use in connection with the work Govern�,�, Law This Agreement shall be governed and construed m accordance with the laws of the State of Wastungton ff any dispute anses between the Crty and Vendor under any of the provisions of ttus Agreement, resoluhon of that dispute shall be ava�lable exclusrvely under tlie �unsdict�oq venue and rules of the Krtsap County Supenor Court, Kitsap Cownty, Waslungton Attornev's Fees In any claun or lawsuit for damages ans�ng from the parties' performance of tlus Ageement, each party shall be responsible for payment of rts own legal costs and attomey's fees mcurred m defending or bru�guig such claun or lawswt, however, nothing m this subsectaon shall lumt the City's nght to mdemmficat�an under Sechon 9 of this Agreement Wntten Not�ce All commurucahons regarduig tlus Agreernent shall be sent to the parties at the addresses hsted below, unless otherwise notified Atry wntten notice shall become effechve upon dehvery, but in any event thre� (3) calendar days after the date of maihng by registered or certafied mail, and shall be deemed sufficiently grven if sent to the addressee at the address stated m t}us Ageement Not�ces to be sent to VENDOR Attn Pump Tech, Inc 12020 SE 32° $treet $wte 2 Bellevue, WA 98005 Not�ces to be sent to CITY Attn K CahaIl Water Resources Division City of Bremerton 3027 Olympus Dnve Bremerton, WA 98310 Assignment Any assignment of tlus Agreement by the Vendor without the wntten consent of the City shall be void Modification No waiver, alterat�on, or modificahon of any of the provisions of this Agreement shall be binduig unless m wntuig and signed by a duly authonzed representahve of the Crty and Vendor Severab�tv If any one or more sect�ons, sub-sect�ons, or sentences of tlus Agreement aze held to be unconst�tut�onal or mvalid, that decision shall not affect the validity of the remauung portion of tlus Agreement and the remau�der shall remau� m fu11 force and effect ,' L Entu�e Agreement The wntten provxsions and terms of tlus Agreement, together with any attached E�ubits, supersede a11 pnor verbal statements by any representahve of the Crty, and those statements shall not be construed as fornung a part of or alteruig in any manner this Agreement Tlus Agreement and any attached Exlubrts contam the entu�e Agreement between the parhes Should any language m mry Exiubit to tivs Agreemevt conflict vv�th any language contauied m tlus Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the pames below have executed this Agreement VENDOR Pump Tech, Inc � ��� Pt111t -d� (J6 !� �A �/4�S �•�r Its _�rc,s��,.� r� Date ///iz // z ATTEST CITY Ciry of Bremerton By � Pruit e K, " Its Date f �/2 - t y APPRQ�VED AS TO FC)I�M By � Bre rton City Attomey By c�ty ci�k