HomeMy WebLinkAboutConstruction Ahead inc. dba Pavement Surface Control - Road 68 Striping - Sandifur Pkwy to Burns Rd (No. 21-049)CONTRACT
MRSC SMALL WORKS ROSTER
Road 68 Striping — Sandifur Pkwy to Burns Rd
Agreement No. 21-049
THIS CONTRACT is made and entered into this^ day of 02I, by
and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as
"City", and Construction Ahead Inc. dba Pavement Surace 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 A, and 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 by December
31, 2021. 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
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
Road 68 Striping — Sandifiir Pkwy to Burns Rd Page 1
MRSC Small Works Roster Agreement#: [21-049] — PAVEMENT SURFACE CONTROL
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.
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 Commercial
General Liability insurance policy with respect to the work performed for
the City using an additional insured endorsement at least as broad as ISO
endorsement form CG 20 26.
Road 68 Striping — Sandifur Pkwy to Bums Rd Page 2
MRSC Small Works Roster Agreement#: [21-0491— PAVEMENT SURFACE CONTROL
6.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
6.1.4 Professional Liability insurance appropriate to the Contractor's profession.
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:
❑ $1,000,000 each occurrence;
® $2,000,000 general aggregate; or
❑ $ each occurrence; and $ general aggregate
6.2.3 Professional Liability insurance shall be written with limits no less than:
❑ $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile 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.
Road 68 Striping — Sandifur Pkwy to Burns Rd Page 3
MRSC Small Works Roster Agreement#: [21-049] — PAVEMENT SURFACE CONTROL
7. Retainaae 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 and
payment of all labors, mechanics, and subcontractors and materialmen as required
by RCW 39.08.010.
❑ The City shall hold a 10% retainage in lieu of a performance bond per 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.
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: Tom Holmes, or his/her designee
PW Division Manager
1025 S Gray St.
Pasco WA 99301
pwopsprojects@pasco-wa.gov
Road 68 Striping — Sandifur Pkwy to Burns Rd Page 4
MRSC Small Works Roster Agreement#: [21-049] — PAVEMENT SURFACE CONTROL
9.3.2 For the Contractor: Matt McDaniel, or his/her designee
Pavement Surace Control
9312 W 10`h Ave
Kennewick, WA 99336
matt@pavementsurface.com
14. 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 PASCO, WASHINGTON
11
CONTRACTOR
Dorothy M
Road 68 Striping — Sandifur Pkwy to Burns Rd Page 5
MRSC Small Works Roster Agreement: [21-049] — PAVEMENT SURFACE CONTROL
EXHIBIT A
PUBLIC ii t)RKS t)PERAi'IONS (509).554.1-346.3/FAN(509)."5_3466�vgco fit) Box 293t]025 S. Gray Ave. Pasco, WA 99301 w w.pasco-wa.gov
Request for Quote
Road 68 Striping - Sandifur Pkwy to Burns Rd
Quote Description:
The City of Pasco, Washington (City) Department of Public Works - Operations is requesting quotes from qualified
contractors for Striping on Road 68 from Sandifur Pkwy to Burns Rd
Release Date:
Due Date:
October 11, 2021
October 15, 2021 @ 10:00 am
Contact Name:
Kim Hoist, Administrative Assistant
Email:
P WOps proiects ftasco-wa.gov
Address:
525 N 3rd Avenue, Pasco WA, 99301
Contractor shall complete the area below:
The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date for
this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or
49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and
Industries or through a civil judgment entered by a court of limited or general jurisdiction. In the event of a contract award
pursuant to this request, performance by the Contractor of any or all of the services, or delivery of any or all of the products
defined herein, shall constitute acceptance of all terms, conditions, and requirements of the resulting agreement.
I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Company Name: Construction Ahead Inc. dba Pavement Surface Control
Address:
City/State/Zip
9312 W. 10th Ave.
Kennewick, WA 99336
Email
Phone
Fax
dorothy@pavementsurface.com
(509) 586-1969
(509) 585-8297
Print Name and Title Dorothy McDaniel - President
Signature and Dat
No Bid 17 Reason: '
Request for Quotes: Road 68 Striping - Sandifur Pkwy to Burns Rd Page 1 of 4 10/11/2021
Project Number: 21-049
lyssafco"
PUBLIC WORKS OPERATIONS (509)545-3463/FAX (509)545-3466
PO Box 293/1025 S. Gray Ave. Pasco, WA 99301/www.pasco-wa.gov
Request for Quote
General Terms and Conditions
1. General: It is understood that the Contractor, in submitting a Quote, accepts the following terms and
conditions, and general information as part of the Quote document. The City of Pasco (City) reserves
the right to reject any or all quotes. If either a unit price or extended price is obviously in error and the
other is obviously correct, the incorrect price will be disregarded. Failure to sign the Quote will render
this Quote invalid.
Specifications: Any deviation from specifications indicated herein must receive prior approval from
the City; otherwise, it will be considered that items offered are in strict compliance with the
specifications; and the Offeror will be held responsible, therefore.
a. See attached drawings for striping layout and specifications.
b. The awarded contractor is required to submit to the City a Traffic Control Plan a minimum of
two (2) business days prior to entering the City's right-of-way to execute any work as described
herein.
c. Layout and Traffic Control (including the Traffic Control Plan) will be supplied by the contractor
and considered as an incidental part of the LS Price.
d. Grinding (removal) of existing pavement markings are required in all areas except Three Rivers
Dr. which is a new surface.
e. If grinding whole road, whatever markings are not completed (restriped) for the day MUST be
put into Temp Tape.
f. Working hours are governed by PMC 9.130.030. This is available at
https://Pasco. m u n icipal.codes/PMC/9.130.030
3. Clarification / Interpretations: All questions regarding this document must be made in writing and
addressed to the City Contact listed above by email m no less than 72 hours prior to the time that
submittals are due. Oral interpretations shall have no legal effect and will not be made to any
Contractor. Any and all revisions to this document shall be made only by written addendum.
4. Before Submitting: Contractors should examine the request for quote, familiarize himself/ herself
with federal, state, and local laws, ordinances, and regulations that may in any manner affect cost,
progress, or performance of the work.
5. Pricing: Quote prices shall include all delivery, installation, training, and freight charges, FOB destination.
No charges for containers, packing, drayage, or any other purpose will be allowed over and above the
prices bid. The City will reject requests for additional compensation for freight charges. The City of Pasco
acknowledges that market fluctuations may cause pricing discrepancies caused by material costs.
6. Award: The contract may be awarded to the lowest, responsive, and responsible Contractor,
complying with the provisions of this RFQ.
Request for Quotes: Road 68 Striping — Sandifur Pkwy to Burns Rd Page 2 of 4 10/11/2021
Project Number: 21-049
citvi
okw"Pd�co PUBLIC WORKS OPERATIONS (509)545-3463/FAX (509)545-3466
PO Box 293/1025 S. Gray Ave. Pasco, WA 99301/www.pasco-wa.gov
7. Invoicing: An invoice must be submitted directly to City of Pasco, Attn: Accounts Payable, 525 North
3rd Ave., Pasco, WA 99301, and to Attn: Public Works Operations, 525 N.3`d Ave., Pasco WA, 99301.
8. No Bid: Persons desiring not to submit a quotation should return the Acknowledgement and marking
it "No Bid" with a reason if possible, no later than the stated submittal deadline.
9. Non -Collusion: Contractor certifies that they have not, either directly or indirectly, entered into any
agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive proposing. If the City determines that collusion has occurred among Contractors, none
of the quotes from the participants of such collusion will be considered. The City's determination will
be final.
10. State and Federal Laws: All work shall comply with all applicable state and federal laws. This project
is considered Prevailing wage. Prevailing wage intents must be filed with the Washington State
Department of Labor and Industries for this project, and prevailing wage affidavits must be filed
for all work completed. Prevailing Wage information can be found at https://Ini.wa.gov/licensing-
permits/public-works-projects/prevailing-wage-rates/
11. Retainage: The city is required to hold no more than a 5% retainage for work completed over $35,000
until the release of the funds is authorized by the State Departments of Revenue, Employment
Security, and Labor and Industries.
12. Bonds: A payment and performance bond will be required for the total amount of the contract. If the
work is under $150,000, the Contractor may request that the city hold 10% retainage in lieu of the
bond per RCW 39.08.010.
13. Preparation Costs: Costs incurred by Contractors in preparation of their quote, including travel and
personal expenses, may not be charged as an expense of performing the contract. The City shall not
pay for costs incurred for quote or contract preparation.
14. City Obligations: The City shall not share telephone or written quotations received from one Contractor
with other Contractors soliciting for the bid. A written record shall be made by the City of each Contractor's
bid and shall be made open to public inspection or telephone inquiry after the bids have closed.
15. Quote Request: Due to the nature of the agreement, the City has determined the most prudent way to
request a quote is as follows. Contractors are required to use the Quote Price worksheet on page 4.
16. Time of Completion: Time is of the essence. All work shall be completed by December 31, 2021.
17. Quote Submittals: Email all quotes to Kim Holst in the contact list above.
Request for Quotes: Road 68 Striping — Sandifur Pkwy to Burns Rd Page 3 of 4 10/11/2021
Project Number: 21=049
Pasco
PUBLIC WORDS OPERATIONS (509)545-3463/FAX (509)545-3466
PO Box 293/1025 S. Gray Ave. Pasco, WA 99301/www.pasco-wa.gov
Quote Price
1
Striping
1
LS
$27,846.77
Sub Total
$27,846.77
Tax Rate (8.6%)
$2,394.82
Total
$30,241.59
Request for Quotes: Road 68 Striping — Sandifur Pkwy to Burns Rd Page 4 of 4 10/11/2021
Project Number: 21-049
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