HomeMy WebLinkAboutUtilities Service Co Inc .1\ • j6 9
CONTRACT
THIS AGREEMENT made and entered into by and between the City of Auburn, a Municipal Corporation
("City"), and Utilities Service Co. Inc, ("Provider")
In consideration of the terms and conditions contained herein and attached and made a part of this
Agreement, the parties hereto covenant and agree as follows:
1 The Provider shall supply all goods, equipment, materials, and supplies, and perform all work and
services incidental thereto, in accordance with and as described herein and in the Specifications of the
City of Auburn including, but not limited to the General Provisions, together with all other attachments
hereto, which are by this reference incorporated herein and made a part hereof.
Specification No. N/A
Project: Supply and Install a new Goulds 14RHHC — 4 stage, 12' x 1-15/16" pump, including column
pipe, shaft, bearing, and cone strainer#A8940-4' —6913, 316 SS, 10" MNPT to existing discharge head
at Well#4.
Contract Total: Not to Exceed $75,000.00, including sales tax.
2. The Provider shall provide and bear the expense of supplying all goods, equipment, materials, and
supplies, as well as all work and labor of any sort whatsoever that may be required or incidental to such
goods, equipment, materials and supplies as provided for in this Agreement and every part thereof,
except such as are mentioned in the Specifications to be furnished by the City of Auburn.
3. Providers Representations.
a. The Provider hereby represents and warrants that he has all necessary licenses and certifications
to perform the services provided for herein, and is qualified to perform such services.
b. Provider agrees that, for any labor performed as part of this Agreement that would be considered
to be a Public Work under Chapter 39.04 RCW Provider will pay prevailing wage rates as
provided for in Chapter 39.12 RCW
4. City's Responsibilities.
The City shall do the following in a timely manner so as not to delay the services of the Provider
a. Designate in writing a person to act as the City s representative with respect to the services. The
City's designee shall have complete authority to transmit instructions, receive information,
interpret and define the City's policies and decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the
project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to perform the services
provided for herein.
d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents
prepared by the Provider and render decisions regarding such documents in a timely manner to
prevent delay of the services.
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5. Acceptable Standards.
The Provider shall be responsible to provide, in connection with the services contemplated in this
Agreement, work product and services of a quality and professional standard acceptable to the
City.
6. Compensation.
A. As compensation for the Provider's performance of the services provided for herein, the City
shall pay the Provider the sum of fees and costs specified on Exhibit "B" attached hereto and
made a part hereof (or as specified in an addendum). The Provider shall submit to the City an
invoice or statement of time spent on tasks included in the scope of work provided herein, and the
City shall process the invoice or statement in the next billing/claim cycle following receipt of the
invoice or statement, and shall remit payment to the Provider thereafter in the normal course,
subject to any conditions or provisions in this Agreement or addendum.
B. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Provider for any defective or unauthorized work. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this Contract;
and extra work and materials furnished without the City's written approval. If the Provider is
unable, for any reason, to satisfactorily complete any portion of the work, the City may complete
the work by contract or otherwise, and the Provider shall be liable to the City for any additional
costs incurred by the City 'Additional costs' shall mean all reasonable costs, including legal
costs and attorney fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the Contract work,
including any additional costs, from any and all amounts due or to become due the Provider.
C. Public Works Requirements.
1 Prevailing Wages. Provider shall file a 'Statement of Intent to Pay Prevailing Wages' with the
State of Washington Department of Labor & Industries prior to commencing any Contract work
that would constitute a Public Work. The Provider shall pay prevailing wages and comply with
Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing
wage rate provisions. The prevailing wage rate revision in effect on the date that this Agreement
was fully executed is attached and by this reference incorporated herein and made a part hereof.
No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the
Provider and each and every subProvider has been approved by the State Department of Labor
& Industries, and is received by the City Final payment shall not be released until an Affidavit of
Wages Paid form for the Provider and each and every subProvider has been approved by the
State Department of Labor& Industries, and is received by the City
2. Change Orders. The Provider shall not perform any additional work, or purchase additional
materials, if doing so would cause the consideration due to the Provider to increase that
compensation by more than 10% without prior written approval from the City
7 Time for Performance and Term of Agreement.
The Provider shall perform the services provided for herein no later than December 31 2011
The Term of this Agreement shall commence on the date hereof and shall terminate upon
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completion of the performance of the scope of work provided herein, unless otherwise agreed to
in writing by the parties.
8. Ownership and Use of Documents.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations,
working drawings and any other materials created or otherwise prepared by the Provider as part
of his performance of this Agreement (the "Work Products") shall be owned by and become the
property of the City and may be used by the City for any purpose beneficial to the City.
9. Records Inspection and Audit.
All compensation payments shall be subject to the adjustments for any amounts found upon audit
or otherwise to have been improperly invoiced, and all records and books of accounts pertaining
to any work performed under this Agreement shall be subject to inspection and audit by the City
for a period of up to three (3) years from the final payment for work performed under this
Agreement.
10. Continuation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in effect,
the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to
make a good faith effort to cooperate and continue work toward successful completion of
assigned duties and responsibilities.
11 Administration of Agreement.
This Agreement shall be administered by Ed Mola on behalf of the Provider and by the Mayor of
the City or designee, on behalf of the City Any written notices required by the terms of this
Agreement shall be served on or mailed to the following addresses:
City of Auburn Provider
Auburn City Hall Utilities Service Co. Inc.
ATTN: Maintenance and Operations 12608 E. Mola
Marginal Public Works 1 Seattle,E. Marginal Way S.
Department Teleph,ne No. (206)Telephone No. (206) 246-5674
25 West Main Fax No. (206)783-4467
Auburn, WA 98001-4998
(253) 931-3000 FAX(253) 931-3053
12. Notices.
All notices or communications permitted or required to be given under this Agreement shall be in
writing and shall be deemed to have been duly given if delivered in person or deposited in the
United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and
addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a
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person not a party to this Agreement, to the address designated by a party to this Agreement in
the foregoing manner
Any party may change his, her or its address by giving notice in writing, stating his, her or its new
address, to any other party all pursuant to the procedure set forth in this section of the
Agreement.
13. Insurance.
The Provider shall be responsible for maintaining, during the term of this Agreement and at its
sole cost and expense, the types of insurance coverages and in the amounts described below.
The Provider shall furnish evidence, satisfactory to the City of all such policies. During the term
hereof,the Provider shall take out and maintain in full force and affect the following insurance
policies:
a. Commercial General Liability insurance, insuring the City and the Provider against loss or
damages arising from premises, operations, independent Providers and personal injury and
advertising injury The City shall be named as an insured under the Provider's Commercial
General Liability insurance policy with respect to the work performed for the City with minimum
liability limits of$1,000,000.00 combined single limit for personal injury death or property damage
in any one occurrence.
b. Such workmen s compensation and other similar insurance as may be required by law.
c. Professional liability insurance with minimum liability limits of$1,000,000.
d. 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.
14. Indemnification.
The Provider shall indemnify defend and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability loss, costs, expenses,
and damages of any nature whatsoever including attorney fees, by any reason of or arising out
of the act or omission of the Provider its officers, agents, employees, or any of them relating to or
arising out of the performance of this Agreement except for injuries and damages caused by the
sole negligence of the City If a final judgment is rendered against the City its officers, agents,
employees and/or any of them, or jointly against the City and the Provider and their respective
officers, agents and employees, or any of them, the Provider shall satisfy the same to the extent
that such judgment was due to the Provider's negligent acts or omissions.
15. Assignment.
Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part,
without the prior written consent of the other party hereto. No assignment or transfer of any
interest under this Agreement shall be deemed to release the assignor from any liability or
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obligation under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligation.
16. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this Agreement
may apply directly or through contractual, hiring, or other arrangements on the grounds of race,
color creed, religion, national origin, sex, age, or where there is the presence of any sensory
mental or physical handicap
17 Warranty All defects in workmanship and materials that occur within one year from the date of \ /
the City's acceptance of the Contract work shall be corrected by the Provider When defects are
corrected, the warranty for that portion of the work shall extend for one year from the date such
correction is completed and accepted by the City The Provider shall begin to correct any defects
within seven (7) calendar days of its receipt of notice from the City of the defect. If the Provider
does not accomplish the corrections within a reasonable time, the City may complete the
corrections and the Provider shall pay all costs incurred by the City in order to accomplish the
correction, and shall ensure all manufacturer's warranties are transferred to the City in
accordance with mfr's requirements.
18. Amendment. Modification or Waiver.
No amendment, modification or waiver of any condition, provision or term of this Agreement shall
be valid or of any effect unless made in writing, signed by the party or parties to be bound, or
such party's or parties' duly authorized representative(s) and specifying with particularity the
nature and extent of such amendment, modification or waiver Any waiver by any party of any
default of the other party shall not effect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this
Agreement.
19. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other party if the other party
fails substantially to perform in accordance with the terms of this Agreement through no fault of
the party terminating the Agreement.
The City may terminate this Agreement upon not less than seven (7) days written notice to the
Provider if the services provided for herein are no longer needed from the Provider
If this Agreement is terminated through no fault of the Provider the Provider shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided in Exhibit"B' hereof.
20. Parties in Interest.
This Agreement shall be binding upon, and the benefits and obligations provided for herein shall
inure to and bind, the parties hereto and their respective successors and assigns, provided that
this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this
Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not
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create a contractual relationship with or exist for the benefit of any third party including Providers,
sub-Providers and their sureties.
21 Costs to Prevailing Party.
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable
costs and attorney's fees.
22. Applicable Law.
This Agreement and the rights of the parties hereunder shall be governed by the interpreted in
accordance with the laws of the State of Washington and venue for any action hereunder shall be
in of the county in Washington State in which the property or project is located, and if not site
specific, then in King County Washington; provided, however that it is agreed and understood
that any applicable statute of limitation shall commence no later than the substantial completion
by the Provider of the services.
23. Captions, Headings and Titles.
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and shall not constitute a part of this Agreement or act as a
limitation of the scope of the particular paragraph or sections to which they apply As used
herein, where appropriate, the singular shall include the plural and vice versa and masculine,
feminine and neuter expressions shall be interchangeable. Interpretation or construction of this
Agreement shall not be affected by any determination as to who is the drafter of this Agreement,
this Agreement having been drafted by mutual agreement of the parties.
24. Severable Provisions.
Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or
invalid for any reason whatsoever such illegality or invalidity shall not affect the validity of the
remainder of this Agreement.
25. Entire Agreement.
This Agreement, with exhibits, contains the entire understanding of the parties hereto in respect
to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter
26. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall be one and the
same Agreement and shall become effective when one or more counterparts have been signed
by each of the parties and delivered to the other party.
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27 The Provider agrees to accept as full payment hereunder the amounts specified in the Submittal,
and the City agrees to make payments at the times and in the manner and upon the terms and
conditions set forth in said Submittal, as modified and superseded by the Specifications.
IN NESS W,�fiEREOF the Parties hereto have caused this Agreement to be executed this
W Q day of e RItho 2 .✓ , 2011
CITY OF AU: RN; i Utilities Service Co. Inc.
By BY, �.�i i��� _P_}/% �e-�e_r
Peter
�B. Lewis, Mayor Signature l 'nC,,
Attest 411. 1-\1\414.61,•s_.- `�_ ► Aptels
:an'Daskam. City Clerk Printed Name
APPROV ' A Si / General Manager
Title
BY' A S i?
yr Da -I B. Heir ityAtt. ney
UTILITIES SERVICE CO., INC.
12608 E MARGINAL WAY S
TUKWILA, WA 98168
PHONE: 206-246-5674
FAX. 866-783-4467
October 10, 2011
City of Auburn
Contract Dated 10-10-11
Well #4
Exhibit B
Following please find our rate schedule for personnel needed on this job:
(1) Foreman @$87.00/tu
(1) Service Technician @ $79.00/hr
(1) Service Technician @ $56.00/hr
(1) Electrician @ $112.00/hr
Thank you.
Utilities Service Co. Inc.
CITY OF * 1. * A j
AUBURN* �
B Peter B. Lewis,Lewii Mayor
1�WAASS H I NGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931 3000
October 24 2011
Mr Ed Mola
Utilities Service Co. Inc.
12608 East Marginal Way south
Tukwila, WA 98168
RE. Well 4 Pump Replacement
Dear Mr Mola:
You are hereby notified to proceed as of October 24 2011 with the work on the above-
referenced agreement, within the time specified, in accordance with the provisions of the
enclosed agreement documents.
For the City's tracking and record keeping purposes, please reference Well 4 Pump
Replacement on all correspondence and related material.
As the project manager I am the designated contact for this agreement and all amendments.
Questions, assignments and coordination shall be routed through me. You can contact me at
253-876-1998.
Sincerely
Allen Hunter
Project Manager
Public Works Department
AH
Enclosure
cc: Dani Daskam, City Clerk
Cynthia Lamothe, Water Utility Engineer
AUBURN * MORE THAN YOU IMAGINED