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CONSTRUCTION CONTRACT WELL NO. 6 PUMP REPLACEMENT 2011 THIS AGREEMENT, dated this 71h day of November, 2011, by and between the City of Moscow, Idaho, a municipal corporation of the State ofldaho (hereinafter, "City") and Specialty Pump Service, Inc., (hereinafter, "Contractor"): WITNESSETH: WHEREAS, pursuant to the invitation of the City. extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through and the following: 1. Advertisement for Bids; 2. Project Specifications titled: Well No.6 Pump Replacement 2011, Project No.109-011; 3. Bid/Proposal of the Contractor, dated September 20, 2011, to be physically attached to this Contract; 4. The Engineering Plans (included with specifications); 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6. Change Orders, which may be delivered or issued after the effective date of this Agreement; 7. Addendum No. 1 issued prior to opening of bids, to be physically attached to this contract. There are no Contract Documents other than those listed in Article I. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete within ninety (90) calendar days from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of One Hundred Nineteen Thousand Six Hundred Thirteen Dollars and no/cents (119,613.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent CONSTRUCTION CONTRACT Page 1 of3 2-oll·5'9 ---PAGE BREAK--- contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any. are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed m accordance with the specifications and plans established for this project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to otl1er rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors: or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other Jaw, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and the City. ARTICLE9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the City of Moscow. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of fuis contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 1 1. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. CONSTRUCTION CONTRACT . Page 2 of3 I ' . ---PAGE BREAK--- ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 13. LIVING WAGE/MINIMUM WAGE As a condition of this Agreement, the Contractor shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who perform services for City pursuant to this Agreement, working full time, the living wage/minimum wage established by City of Moscow Resolution 2006-18. Such City living wage/minimum wage shall be that in effect on the date of execution of this Agreement. ARTICLE 14 COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: City: Specialty Pump Service, Inc. 4712 S Thor Spokane, VVA 99223 City of Moscow 206 E. 3rd Street P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. ACKNOWLEDGMENT Page 3 of3 ---PAGE BREAK--- INVITATION TO BID The City of Moscow, Moscow, Idaho is accepting sealed bids at the business office of the Public Works Office, 221 East Third Street, P.O. Box 9203, Moscow, Idaho 83843, until 2:00 p.m., prevailing local time, Tuesday, September 20, 2011, for the following project: WELL NO.6 PUMP REPLACEMENTS- 2011 At 2:15p.m. on September20, 2011, all proposals will be publicly opened and read aloud in the Paul Mann Conference Room, Paul Mann Building, 221 East 2nd Street. The project consists of replacing existing line drive turbine pump with a new submersible turbine pump with new column pipe complete in place. Bid forms, bidding instructions and conditions, contiact documents, plans and specifications may be obtained at the office of the CityEngineer,MannBuilding, 221 East Second Street, Moscow, Idaho 83843, phone (208) 883-7034, for a non-refundable fee of$25.00 plus tax. The City reserves that right to reject any and all bids. Publish: August 27 and September 3, 2011. Pagel ---PAGE BREAK--- BID PROPOSAL TO: Mayor and City Council Date: City of Moscow, Idaho This proposal is submitted as an offer by the undersigned to enter into with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for WELL NO.6 PUMP REPLACEMENT- 2011, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East Second Street, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their tenns and conditions are hereby agreed to. 2. The undersigned certifies that be has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. 6. 7. 8. 9. 10. 11. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. The undersigned further agrees that the CITY shall have the right to accept or reject any bid deemed to be in the best interest of the City. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the Engineer. The undersigned, as a bidder, acknowledges that Addenda Number through have been delivered to him and have been examined as part of the contract documents. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. The undersigned holds Idaho State Public Works Contractor's License Number P C\J(J- L- /575t(- Û- 4 The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB-16: Page 2 ---PAGE BREAK--- Idaho Public Subcontractors Trade Specialty Works License No. $Amount a. _ b. c. _ 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for WELL NO. 6 PUMP REPLACEMENT- 2011 as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for prices in accordance with the completed schedule contract prices as follows: Page 3 ---PAGE BREAK--- BDl. SCHEDULE To complete the WELL No.6 PUMP REPLACEMENT- 2011, as specified, the bidder submi t¥ folloØg prices: BASE BID SCHEDULE Item No. Description Lump Sum Price 1. Install new submersible well pump with all appurtenance as listed in Specifications. TOTAL BASE BID $i/DI34! w. 011. ͼ SUPPLEMENTAL TIME & MATERIALS SCHEDULE .l.louv.li.lemiWbll.le"-r _ _ _ 2011 Specialty &1!7 Sen·ice Inc By: .b/a Performance Bond - Page 2 of 2 ---PAGE BREAK--- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No. 223448 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Tra¡·elers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 41 6 3 4 3 8 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are cmporations duly organized under the Jaws of the State of Minnesota. that FIIITilington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United Stales Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Dave N. Wheal, Tena Wheat, Kathy Whipple, Dan Wareham, Stacy Breithaupt, Patricia J. Hayes, Derek Collett, Zac Wheat, Pat McNamara, and Shellie Duncan of the City of Spokane , State of Washington . their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitteocuments shall create any relation between any and the City. 2. To submit to the Contractor applications for payment in such reasonable time as to enable the Contractor to apply for payment. The Engineer shall, on request. furnish to any subcontractor, wherever practical, evidence of the amounts certified on his/her account. 3. To make all claims for extras, fur extension of time and for damages for delays or otherwise, to the Contractor in the manner provided in the general conditions for lib claims by the upon the owner, except that the time for making claims for extra cost is one week from the date claim arises. b. The Contractor agrees: 4. To be bound to the subcontractor by all the obligations that the City assumes to the Contractor under the Contruct Doc\lllents. S. To pay the subcontractor for conforming work, upon the payment of certificates, if issued W1der the terms of payments for the work, the amount allowed to the Contractor on account of the subcontractor's work to the extent of the subcontractor's interest therein. 6. To pay the subcontractor for conforming work, upon the payment of certificates, if issued otherwise than as in so that at all times his/her total payments shall be as large in proportion to the value of the woJk done by him as the total amowtt certified to the Contractor is to the value of the work done by him. 7. To pay the subcontractor for conforming work to such extent as may be provided by the Contract Documents or the subcontract if either of these provides for earlier or larger payments than the above. 8. To pay the subcontractor for conforming work on demand on his/her work or materials as far as executed and fixed in place, less retained percentage, at the time the certificate should be issued, even though the Page 13 ---PAGE BREAK--- Engineer to issue it for any cause not the fault of the subcont!11Ctor. 9. To make oo demands for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in the subcontract. 10. That no claim for services rendered or material furnished by the to the subcontractor shall be wlid unless written notice thereof is given by the to the subcontractor during the first ten (10) days of the calendar month following that in which the claim originated. 1 1 . To give the subcontractor an opportunity to be present and to submit evidence in any hearing involving his/her rights. D. City's Right to Terminate Contract - If the 1. Faib to begin work uodc:r the contract within the time specified in the "Notice to Proceed"; or 2. Fails to supply sufficient strilJed personnel or suitable materials or equipment to complete the worlc: within the time limits specified; or 3. Perfurms the work unsuitably or neglects or refuses to remove mataials or to re-perform such work which is not in accordance with the plans and specifications; or 4. Discontinues the prosecution of the wort for more than ten (10) days; or 5. Fails to n:sume work which has been discontinued within a reasonable time after notice to do so; or 6. Fails to make prompt payments to subcontractors or for labor, materials, or equipment; or 7. Disregards laws, ordinances, or the instruction of the Engineer; or 8. Becomes insolvent or is dcclaRd banbupt, or commits any act ofbankruptcy or insolvency; or 9. Makes an ll!ISignment for the benefit of creditors; or 10. Ia guilty of a substantial violation of any provisions of the contract; in any such event{ the City, upon recommendation of the Engineer that sufficient cause exists to justify such action may, without prejudice to any other right or remedy, give notice to the Contractor and his/her 8\Rty of such delay, neglect, or default. If the Contractor or hi&lher surety, within a period of ten {10) days after such notice, does not proceed in accordance therewith, then the City shall have full powa-and authority, without violating the to IBke the prosecution of the work from the Contractor. The City rna y appropriate or use any or aU materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement for the completion of said according to the terms and provisions thereoƦ or use such other methods as may be required fur the completion of the contract in an acceptable manner. Costs and charges incurred by the City, together with the cost of completing the work under the will be deducted from any moneys due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and its surety shall be liable and shall pay to the City the amount of such excess. E. Right to Stop Work or Terminate Contract: If the work should be stopped pursuant to lawful order of a court of competent jwisdiction, or pursuant to lawful order of other public authority having jurisdiction, for a period of three months, through no act or filult of the Contractor or of anyone employed by him, or if the Engineer should fail to issue any certificate for payment within thirty (30) days after it is due, or if the City should fail to pay to the Contractor within thirty (30) days of its maturity and presentation, any sum certified by the Engineer or awarded by the court, then the Contractor may, upon twenty-two (22) days notice to the City and Engineer, stop work or terminate this contract or recover from the City payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. F. Assignment: The shall not assign this contract or sublet or subcontract any portion of it without the Page 14 ---PAGE BREAK--- prior written consent of the City nor shall the Conb"aetor assign any moneys due or to become due to him hereunder, without the prior written consent of the City. Any such assignment or sublet without such prior written consent shall be null and void and shall be a ground for termination for cause of this contract by the City. GC-9. OUANTITIES FURNISHED BIDDERS A Unit Price Contract The quantities shown in the proposal an: approximations onJy and an: fur the purpose of comparing bids. The City reserves the right to incn:ase or decrease, within twenty percent (200/o) of the stated quantities, any of the quantities shown and the Contractor will be paid for the actual quantities of work finally installed or perfonned at the applicable unit prices stated in his/her proposal. Should the actual quantities exceed twenty percent (20%) in excess of the stated amounts, the Contractor shall notifY the Engineer before said excess is considered extra work. The contractor may exceed the B(;bJal quantities in excess of contract quantities up to twenty percc:nt (20%) without noticing the Engineer providing the Contractor extends the contract unit prices for the quantities in question.. The twenty percent (20%) limit does not apply to items listed as optional by the City, or which are specifically excluded. B. Lump Sum Cozrtract. The Contractor shall include in the contract sum all allowances named in the Contract Documents and shall cause the work so covered to be pcrfurmed for such sums as the Engineer may direct, the contract sum being adjusted in conformity therewith. The Contractor declares that the contract sum includes such sums for expenses and profit on account of cash alloWBDCes as he/she deems proper. No dt:maod for expenses or profit other than those included in the contract sum shall be allov.our company; list to include well owru:r contact infonnation. D. ADDITIONAL REQUIREMENTS 1. Pump md all appurtenances shall be installed by the supplier at no additional cost to the city. TS-2 PRODUCTS A. ACCEPTABLE MANUFACTURERS 1 . Flowserve with Pleuger Motor 2. Or City Engineer approved equivalent B. DESIGN AND FABRICATION 1. Pump: a. Pumping down-thrust shall be absorbed by the motor thrust bearing. b. Each impeller to be closed type and shall be statically balanced. c. Filter screen to be included 8.9 part of the suction inlet usembly. 2. Motor Design: a. Motor to be 480 volt, 3 phase, 1800 RPM and variable frequency drive (VFD) compatible. b. Copper wire size: As recommended by the pump manufacturer for the actual field conditions. c. Squirrel-cage induction motor designed in accordance with NEMA standards for continuous underwater operation. d. Motor shall have a thrust bearing(s) capable of carrying the maximum pump thrust loads. e. Shaft seal to be provided to prevent mixing of the internal motor fluid with the pumped fluid. f. Water lubricated motor: Page 26 ---PAGE BREAK--- i. Prefilled moror with food grade additives for freeze and rust protection. No oils or grease lubrication is acceptable. ii. A flexible diaphragm shall be provided ro permit expansion and contraction of the internal motor fluid when the motor heal!i and cools during operation to eliminate stress on the mechanical seal. 3. Submersible Turbine Pump Surface Plate: 1. Surface plate with 8" piping COJUtections, cable, air line, and vent holes as shown on drawing. C. MATERlALS 1. Pumping Equipment and Appurtenances: a Materials i. Pump bowls: 300 stainless steel or cast iron ii. Impeller: 300 stainless steel or bronze w. Strainer: 300 series stainless steel b. Shaft and coupling shall be 300 or 400 series stainless steel c. No moving parts shall be plastic or other brittle materials d. lntennediate and top bearings shall be bronze 2. Column Pipe: a. Column pipe to be 8" I.D., Schedule 40 steel in 20' Connections to be tbmuled (NPT). 3. Casing Pipe: a. 22'' section of 14" O.D. steel casing pipe. TS-3 EXECUTION A. INSTALLATION 1. Pwnp: a. Perfurmed by manufacturer's representative. B. SCHEDULE OF PUMPING CONDITIONS 1. Pump selection to be based on the following well characteristics: ѿ Parameter Casing O.D. 14 inches Depth to static water 359 feet Depth to water when being pumped 414 feet Approximate top of well elevation 2586 Depth to set pump S20 feet Required pumping rate l 000 gpm Page27 ---PAGE BREAK--- WEll NO. 6 SUBMERSIBLE PU MP UPG RADE El.EC. JUNC1ION IIUl( SUBMERSIBLE PUMP SURFACE PLATE '-IR I.NS º» STL ¹ S£Al WELl. PUMP DETAILS m WEll CIQNO SID. FLA. ctiNC.. r CMLE .til em.. GO.I'I.IIC CDUIOI PIPIE SEE Ͳ c:MI..E cvtiP It' CCI..1aiN IJI5Di. PIPE BOWlS CML£ 14· IliA 'II'EU. WEll. ͳG Page 28