HomeMy WebLinkAbout5440 Contract Number: 5440
Vendor: STELLAR J CORPORATION
Subject: Westside Wastewater Treatment Plant Biotower
Improvements
Department: WWTP
File Class: GS55-05A-06 Rev. 1 Capital Assets (Real Property)
Begin Date: 11/12/2014
End Date:
Review Date: 6/30/2015 �
Vault Date: 2016
Comments: CO #1 6/3/15
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Proje�t Name
��;; CITY OF BREMERTON .
WORK CHANGE D�RECTiVE �INCD) �����
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WCD#: 00'� _. Date: 03 01
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AIAME: lack Banchard ppQ�1E�T: BREpAMERTON
COAAPANY: StNI�rJ OATE: 3/2035
�d�� SPUMSTAAND�IOTE R: 15�06031•1
NUMB�t OF PAfiEtS): 2
Plf: 36D-518-5795 FNXi For questtons o�eed�to�bis quote
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Contract Number
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5440
STELLAR J CORPORATION
Westside Wastewater Treatment Plant Biotower
Improvements
WWTP
LEG 12-1
ii/i2/2oi4
6/30/2015
2016
Comments:
����,�- ,5��
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Construction Contract with
Stellar J for the Biotower Media
Replacement Project
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
: �;
,
October 8, 2014
October 15, 2014
PW&U/WWTP
Pat Coxon
(360) 473-5448
SUMMARY: The existing redwood media in the Biotower process (trickling filter) has failed, and
needs to be replaced with new plastic media. The scope of this work encompasses the demolition of
the existing media in the Biotower, and the installation of the new plastic media and media support
system which also includes piping and duct work. The Engineers (Parametrix) estimate for this work
is $1.3 Million.
Three (3) bids were received for this project. Stellar J was lowest, responsive responsible bidder with
a bid of $1,173,470.85 including sales tax.
ATTACHMENTS: Agreement, Summary of Work, and the Bid Tally Sheet.
FISCAL IMPACTS (Include Budgeted Amount): The Biotower Media Replacement Project is
budgeted through the Wastewater Capital Improvement Program (CIP), and has a budget of
$1,700,000.
STUDY SESSION AGENDA: � No Presentation � Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the submitted bid proposal from Stellar J, in the
amount of $1,173,470.85 including sales tax for the Biotower Media Replacement Project, and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
�
COUNCIL ACTION: Q Approve
❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25/13
A
AGREEMENT
,%�
, SECTION 00500
THIS AGREEMENT is dated the �� day of �I���Y�/ in the year 2014
by and between City of Bremerton (hereinafter called OWNER) and
(hereinafter called
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents
entitled WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS.
ARTICLE 2. CONTRACT TIMES.
Substantial Completion for the WORK must be achieved within the days established in Specification 01010,
"Summary of Work," from the date as provided in paragraph 2.03 of the General Conditions. Final Completion
and Acceptance of the Work must be achieved within the days established in Specification 01010, "Summary
of Work."
ARTICLE 3. LIQUIDATED DAMAGES.
OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the
OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein,
plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and
Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in
a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time.
Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $1,200 for
each day that expires after the time specified in Article 2.
ARTICLE 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents
in current funds the amount set forth in the Bid Schedule(s).
4 � (Contractor Initials)
AGREEMENT
WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS 00500-1
JULY 2014
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ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement befinreen OWNER
concerning the WORK consist of this Agreement (Section 00500) and the following
Agreement:
• Notice Inviting Bids (Section 00030).
• Instructions to Bidders (Section 00100).
and CONTRACTOR
attachments to this
• Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all
required certificates and affidavits (Section 00300).
• Performance Bond (Section 00610).
• Payment Bond (Section 00620).
• General Conditions (Section 00700).
• Supplementary General Conditions (Section 00800).
• Technical Specifications as listed in the Table of Contents, including appendices.
• Drawings as listed in the List of Drawings.
• Addenda numbers I to �, inclusive.
• Change Orders which may be delivered or issued after Effective Date of the Agreement and are not
attached hereto.
There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only
be amended by Change Order as provided in Paragraph 3.04 of the General Conditions.
ARTICLE 7. WAIVER OF IMMUNITY.
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 and OWNER acknowledge and agree
to the requirements for indemnification in Section 00800 SC-6.20. The provisions of this article shall survive
the termination or expiration of this agreement.
� (Contractor Initials)
WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS
JULY 2014
AGREEMENT
00500-2
'� ARTICLE 8. SUSPENSION OF WORK AND TERMINATION
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 00800 (Supplementary
Conditions).
ARTICLE 9. ASSIGNMENT
No assignment by a parry hereto of any rights under or interests in the Contract Documents will be binding
on another party hereto without the written consent of the party sought to be bound; and specifically but
without limitation monies that may become due and monies that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion,
may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under
the Agreement, except with regards to an assignment of funds for security purposes. In the case of an
assignment for security purposes the OWNER may condition its approval to the extent it deems necessary
to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers.
OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives
to the other party hereto, its partners, successors, assigns and legal representatives in respect of all
covenants, agreements and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the
day and year first above written.
Address for giving notices
CONTRACTOR S-�La(`1 �r�OVd�yoy�
'/� . E . �C� n {� �
By r� —
[CORP TE SEAL]
Attest �
Slne.ry '�� w m b�,a ���aa�i • cx�{-un�
Address for giving notices
1�.3 nown �w� �n,ve, I�loodl�ndl, W�-.`�
License No. �TECCJ�Oy�T9
Approved as to Form:
�� �:
(Signature)
✓��s-s6ti,�f C'�f `��"'"°'
(Title)
Agent for service of process:
I�aber-l E . ��nq(tiorn
AGREEMENT
WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS 00500-3
JULY 2014
�
STATE OF
COUNTY OF
AGREEMENT CERTIFICATE
(if Corporation)
)
) SS:
)
I HEREBY CERTIFY that a meeting of the Board of Directors of the
.
S��4 k�f � Co �� nrrra� a �1
a c rporation existin under the laws of the State of `T'��CdS , held on
�DrPm,�(' �� , 2014, the following resolution was duly passed and adopted:
"RESOLVED, that
, as
President
of the Corporation, be and is hereby authorized to execute the Agreement dated , 2014, by
and between this Corporation and City of Bremerton and that his/her execution thereof, attested by
the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and
deed of this Corporation."
I further certify that said resolution is now in full force and effect.
IN WIT ESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation
this �f? , day of �DY�m�� , 2014.
1
���.J �� �'�� L-
�. � ••
(SEAL) .
WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS
JULY 2014
AGREEMENT
00500-4
AGREEMENT CERTIFICATE
(if Partnership)
STATE OF
COUNTY OF
)
) SS:
)
I HEREBY CERTIFY that a meeting of the Partners of the
a partnership existing under the laws of the State of , held on
, 2014, the following resolution was duly passed and adopted:
"RESOLVED, that
, as
of the Partnership,
be and is hereby authorized to execute the Agreement dated ,
2014, by and between this Partnership and City of Bremerton and that his/her execution thereof,
attested by the shall be the
official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,
2014.
Partner
(SEAL)
AGREEMENT
WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS 00500-5
JULY 2014
AGREEMENT CERTIFICATE
(if Joint Venture)
STATE OF
COUNTY OF
)
) SS:
)
I HEREBY CERTIFY that a meeting of the Principals of the
a joint venture existing under the laws of the State of
held on
, 2014, the following resolution was duly passed and adopted:
"RESOLVED, that
, as
of the Joint Venture,
be and is hereby authorized to execute the Agreement dated ,
2014, by and between this Joint Venture and City of Bremerton and that his/her execution thereof,
attested by the shall be the
official act and deed of this Joint Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,
2014.
Managing Partner
(SEAL)
AGREEMENT
WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS 00500-6
JULY 2014
r
,;�
AGREEMENT CERTIFICATE
(if Limited Liability Company)
STATE OF )
) SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Members of the
a Limited Liability Company existing under the laws of the State of _ , held on
2014, the following resolution was duly passed and adopted:
"RESOLVED, that , and
as members of the Limited Liability Company,
be and are hereby authorized to execute the Agreement dated ,
2014, to the City of Bremerton by this Limited Liability Company and that their execution thereof
shall be the official act and deed of this Limited Liability Company."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of
2014.
A Limited Liability Company
By:
Member
By;
Member
(SEAL)
END OF AGREEMENT FORMS
AGREEMENT
WESTSIDE WASTEWATER TREATMENT PLANT BIOTOWER IMPROVEMENTS 00500-7
JULY 2014