HomeMy WebLinkAboutConstruction Ahead dba Pavement Surface Control - 2018 Grand Old 4th Traffic Control ContractCONTRACT
SMALL WORKS ROSTER
2018 Grand Old 4" Traffic Control
THIS CONTRACT is made and entered into this ?W day of , 2018,
by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to
as "City", and Construction Ahead, Inc. DBA Pavement Surface Control., hereinafter referred to
as "Contractor."
WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster
contract, or a limited public works contract; and
WHEREAS, the City having sought and secured quotations from its small works roster,
and the Contractor being duly qualified as a Contractor on the small works roster having
submitted a quotation acceptable to the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials
and appurtenances and perform all services in a workmanlike manner and in accordance
with the plans and specifications as provided in the Project Description and
Specifications, attached hereto as Exhibit A.
2. Compensation. Compensation for the performance of the service and materials as
described in Exhibit B shall be:
That amount set in the quotation attached hereto as Exhibit B subject to any retainage or
withholdings as provided below.
3. Time of Completion. The work covered by this Contract shall be completed with all
respects within 2 working days from the date of the Notice to Proceed. Once the work is
commenced, the Contractor shall diligently pursue the work to completion within the
time specified in this Contract.
4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public
works contract in compliance with RCW 39.04.350; and further agrees to comply with all
State and Federal laws relating to the employment and wage rates to be paid.
5. Indemnification.
5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
Small Works Contract — 2018 Grand Old 4th
Pavement Surface Control Page 1
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result of,
or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
5.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Contractor, and the City, its officers, employees, agents and
volunteers, the Contractor's liability and obligation to defend hereunder shall only
be the proportionate extent of the Contractor's negligence.
5.3 It is further agreed that the indemnification provided herein constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
5.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
5.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Contractor's delayed or failed performance of Section 6 above.
5.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its
agents, representatives, employees, or subcontractors.
6.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types
described below:
6.1.1 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.
6.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Contractor's
Small Works Contract — 2018 Grand Old 4th
Pavement Surface Control Page 2
Commercial General Liability insurance policy with respect to the work
performed for the City.
6.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
6.2 Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
6.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
6.2.2 Commercial General Liability insurance shall be written with limits no
less than:
[A $1,000,000 each occurrence;
® $2,000,000 general aggregate; or
❑ $ each occurrence; and $ general aggregate
6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
6.3.1 The Contractor's insurance coverage shall be primary insurance as
respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A:VII.
6.5 Verification of Coverage. Contractor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Contractor before commencement of the work.
7. Retainage and Performance Bond.
7.1 Unless it is waived as provided below, the Contractor shall provide and post for
the benefit of the City a Performance and Payment Bond issued by a qualified
surety insuring the Contractor's performance of all the provisions of the Contract
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Pavement Surface Control Page 3
and payment of all labors, mechanics, and subcontractors and materialmen as
required by RCW 39.08.010.
7.2 The City shall withhold five percent (5%) of the money due to the Contractor for
the work performed under this Contact until completion and/or acceptance of the
Contract as provided by RCW 60.28.011. Contractor may elect an option for
management of the statutory retainage by notice to the City of the elected option
under RCW 60.28.011.
M Waiver -- initials
8. Work Site Conditions. The work performed under this Contract is done at the
Contractor's risk and that Contractor is familiar with the conditions present and other
contingencies likely to affect the work, and has submitted their quote accordingly. The
Contractor will assume the responsibility and risk of all loss or damage to materials or
work which may arise prior to completion.
The Contractor shall keep the work site in a neat, orderly condition and after completion
of the work, the Contractor shall, at its expense, clean up and remove all refuse and
unused materials of any kind resulting from the work.
9. General Provisions.
9.1 For the purpose of this Contract, time is of the essence.
9.2 Notice. Notice provided for in this Contract shall be sent by:
9.2.1 Personal service upon the Project Administrators.
9.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
9.3 The Project Administrator for the purpose of this Contract shall be:
9.3.1 For the City: Dan Dona
Acting Admin & Community Services Director
525 North 3rd
Pasco WA 99301
DottaD(a),pasco-wa.gov (e-mail)
9.3.2 For the Contractor: Kasi Sleater, or his/her designee
Pavement Surface Control
PO Box 7204
Kennewick, WA 99336
Phone: 509-586-1969
PSCTraffic(i�gmail.com (e-mail)
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Pavement Surface Control Page 4
10. Dispute Resolution. This Contract has been and shall be construed as having been made
and entered into and delivered within the State of Washington and it is agreed by each
party hereto that this Agreement shall be governed by the laws of the State of
Washington.
In the event of a dispute regarding the enforcement, breach, default or,
interpretation of this Contract, said dispute shall be resolved by arbitration
pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury
trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
IN WITNESS WHEREOF, the parties have executed by their duly authorized official
this Contract in triplicate, each of which being deemed an original on the date first written above.
CITY OF ASCO, WASHINGTON
By:
Dan Dotta — Acting ACS Director
City of Pasco
525 North 3rd
Pasco WA 99301
(509)543-5759
E -Mail: DottaDQ2asco-wa. ov
Small Works Contract — 2018 Grand Old 4th
Pavement Surface Control
CONTRACTOR
By: / �Zf'
Construction Ahead, Inc. dba
Pavement Surface Control
PO Box 7204
Kennewick, WA 99336
(509) 586-1969
E -Mail: PSCTraffic(a,email.com
Registration No. CONSTAI0831,5
Page 5
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Pavement Surface Control
OREGON CCB# 125652 CON$TA1083L5 DBE D2F2315595
Exhibit B
712 S. WASHINGTON STREET
P.O. BOX 7204
KENNEWICK, WA 99336
PHONE: (509) 586-1969
Fax: (5091585-8297
To:
Address:
CITY OF PASCO
525 N THIRD AVE
PASCO, WA 99301
Contact:
Phone:
Fax:
BRENT KUBALEK
(509)545-3444
(509)543-5728
Project Name:
Project Location:
052918_4TH OF JULY 2018 TRAFFIC CONTROL TC
BURDEN BLVD, PASCO, WA
Bid Number:
Bid Date:
5/29/2018
item # Item Description
Estimated Quantity Unit Unit Price
MOBILIZATION
TRAFFIC CONTROL SET UP/ FLAGGER
TRAFFIC CONTROL VEHICLE (2)
TRAFFIC CONTROL DEVICES (CONES, SIGNS, BARRICADES)
1.00 LS
$500.00
1.00 HR
$100.00
1.00 DY
$400.00
1.00 LS
$2,000.00
Notes:
• THIS QUOTE DOES NOT INCLUDE PERFORMANCE OR PAYMENT BOND
• CONTRACTOR TO PROVIDE A SUITABLE STAGING SITE FOR EQUIPMENT AND MATERIALS
• DISPOSAL SITE TO BE PROVIDED BY PRIME CONTRACTOR
• EROSION CONTROL FOR ANY DISTURBED GROUND IS NOT INCLUDED
• CLEANUP UNDER ANY AND ALL BARRIER IS NOT INCLUDED
• ANY MODIFICATIONS TO OUR BID MUST BE AGREED UPON PRIOR TO BID OPENING (I.E. NO ITEM MAYBE DELETED OR MODIFIED WITHOUT
DISCUSSION). THIS QUOTE IS PRIVILAGED AND CONFIDENTIAL.
• PAVEMENT SURFACE CONTROL INCLUDES INSURANCE COVERAGES THAT MEET WSDOT STANDARD SPECIFICATION. ADDITIONAL INSURANCE
OR COVERAGE LIMITS THAT EXCEED THIS STANDARD ARE NOT INCLUDED. IF ADDITIONAL COVERAGE IS REQUIRED THE COST TO INCREASE
LIMITS AND ADDITIONAL INSURANCE COVERAGE WILL BE BILLED TO THE PRIME CONTRACTOR.
• 2 WEEK ADVANCE NOTICE OF ANY SCHEDULED WORK TO BE PERFORMED BY PAVEMENT SURFACE CONTROL IS REQUIRED
• ANY DELAY IN COMMENCEMENT, PERFORMANCE, OR COMPLETION OF WORK OCCASIONED BY CAUSES BEYOND THE CONTROL, FAULT, OR
NEGLECT OF PAVEMENT SURFACE CONTROL OR ITS SUBCONTRACTOR(S) MAY RESULT IN AN INCREASE OF THE STATED PRICE
PROPORTIONATE TO CONTRACTOR'S INCREASED COSTS AND EXPENSES.
• PAVEMENT SURFACE CONTROL RESERVES LIEN RIGHTS UNTIL FINAL PAYMENT IS RECEIVED
• PAVEMENT SURFACE CONTROL ASSUMES NO RESPONSIBILITY TO REPAIR OR REPLACE ANY DAMAGED OR DESTROYED MATERIAL OR PRODUCT
PLACED OR INSTALLED ON THE JOB SITE. UPON OWNER'S REQUEST, CONTRACTOR WILL MAKE REPAIRS OR REPLACEMENTS AT THE THEN
PREVAILING PRICE.
• ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED AND ALL WORK WILL BE PERFORMED IN A WORKMANSHIP -LIKE MANNER ACCORDIGN TO
SPECIFICATIONS AND INDUSTRY STANDARDS. ANY ALTERATION IN THE SCOPE, MANNER OF WORK OR SPECIFICATIONS MAY RESULT IN AN
INCREASE OF THE STATED PRICE PROPORTIONATE TO CONTRACTOR'S INCREASED COST AND EXPENSES
• THIS QUOTE MUST BE ATTACHED TO AND BECOME PART OF ANY SUBCONTRACT AGREEMENT
• CONSTRUCTION AEAD INC. dba PAVEMENT SURFACE CONTROL IS HEREBY AUTHORIZED TO FURNISH ALL MATERIALS AND LABOR REQUIRED
TO COMPLETE THE WORK MENTIONED ABOVE AND ACCORDING TO THE TERMS THEREOF. INTEREST ON ANY UNPAID BALANCE OVER 30 DAYS
FROM BILLING DATE WILL BE CHARGED AT 1.5% PER MONTH. PAVEMENT SURFACE CONTROL (PSC) RESERVES THE RIGHT TO HOLD OWNER
RESPONSIBLE/OBLIGATED FOR ANY DAMAGES PSC MAY INCUR THROUGH COLLECTIONS OF MONIES OWNED BY OWNER(S) AND NOT WHEN
PURSUING PAYMENT BY PROPERTY OWNER. QUOTE IS GOOD FOR 15 DAYS FROM ABOVE DATE OR 10 DAYS AFTER EXECUTION OF BID,
WHICHEVER IS SHORTER, THIS QUOTE INCLUDES OUR STANDARD FORM OF INSURANCE ONLY.
• SALES TAX NOT INCLUDED IF APPLICABLE
• LAYOUT AND CONTROL TO BE PERFORMED BY OTHERS
• TRAFFIC CONTROL PLANS SUBMITTED AND APPROVED SHALL BE USED BY PAVEMENT SURFACE CONTROL ONLY. TRAFFIC CONTROL PLANS NOT
INTENDED TO BE USED BY OTHERS.
• CONTRACTOR WILL BE RESPONSIBLE TO PAY TRAFFIC CONTROL SHOW UP TIME IF NOT GIVEN ADEQUATE NOTIFICATION OF CANCELLATION.
• DEVICES DAMAGED BY CONTRACTORS OPERATION WILL BE REPLACED AT CONTRACTORS EXPENSE
• TRAFFIC CONTROL TO BE BILLED PORT TO PORT (PAVEMENT SURFACE CONTROL YARD TO PAVEMENT SURFACE CONTROL YARD)
• TRAFFIC CONTROL LABOR TO BE BILLED PER HOUR PER PERSON WITH A MINIMUM SHOW UP TIME TO BE BILLED 4 HRS PER EACH.
• TRAFFIC CONTROL LABOR QUANTITIES WILL BE BILLED FOR ACTUAL HOURS USED ON THE PROJECT
• QUOTE INCLUDES 5 TRAFFIC CONTROL LABORERS DURING THE EVENT, TRUCKS AND SET UP TIME BEFORE THE EVENT AS WELL AS DEVICES
ACCORDING TO THE PLANS PROVIDED. ALL TO BE BILLED AT THE RATES PROVIDED.
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