HomeMy WebLinkAbout4.533 Original Contract
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PROJECT MANUAL
Shane Park Tennis Court Resurfacing
Project 13964-2
SCOPE OF WORK
The two tennis courts at Shane Park, located on West 8th Street between F and G
Streets, need to be repaired and painted with these resurfacing specifications:
1.) Grind existing cracks on court playing surface with a surface preparation
2.) Pressure wash the entire court surface
3.) Patch and repair low areas; fill and repair prepared cracks on playing surface.
4.) Apply one coat of black acrylic re-surfacer to entire court surface.
5.) Apply two fortified colored filler coats to entire court surface.
6.) Apply one fortified colored finish coat to entire court surface.
7.) Lines will be accurately laid out, taped, primed, and painted with two coats of
white textured line paint.
8.) Outside of court to be painted red and actual court to be painted green.
See the attached Site Map for more information.
ADDITIONAL REQUIREMENTS
1. The bid shall be submitted on the attached Bid Form and mailed or delivered to
the Director of Public Works & Utilities, City of Port Angeles, 321 East Fifth
Street, P. O. Box 1150, Port Angeles, Washington 98362. Questions may be
directed to Corey Delikat, at 360-417-4566.
2. The most recently issued Washington State Prevailing Wage Rates for Clallam
County, a copy of which is attached to this Project Manual, shall apply to this
Contract.
3. The bid may be awarded to the lowest responsible bidder from the group of
Small Works Roster contractors asked to bid on this work. If the bid is awarded,
the attached Contract will then be signed, requiring the Contractor to meet the
requirements in the Contract as well as the entire Project Manual. No bidder will
be permitted to withdraw its bid between the closing time for receipt of bids and
the execution of a Contract, unless the award is delayed for a period exceeding
sixty (60) calendar days.
4. Bids shall be submitted no later than 2:00pm, Monday, August 28,2006.
5. Because this Contract is for an amount less than $35,000, a bid bond,
performance and payment bond, and retainage will not be required for this work.
However, the City shall have the right of recovery against the Contractor for any
payments made on the Contractor's behalf.
6. The performance period for this work is 30 working days. Contractor is to
mobilize and start work within 10 working days of Notice To Proceed.
PW-407_10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 1 of 10
BID FORM
Shane Park Tennis Court Re-surfacing
Project 13964-2
The bidder hereby bids the following amounts for all work (including labor,
equipment, time and materials) required to repair and resurface two tennis
courts as required in the Scope of Work.
Lump Sum
$12,222.00
Sales Tax (8.4%) $ 1 ,026.65
Total Bid
$13,248.65
Thet bidder hereby acknowledges that it has received Addenda No(s). NA
(Enter "N/A" if none were issued) to this Project Manual.
The name of the bidder submitting this bid and its business phone number and address,
to which address all communications concerned with this bid and with the contract shall
be sent, are listed below.
Bidder's firm name A tlas Tracks, Inc.
Complete address 19495 SW Teton Avenue
(Street address)
Tualatin
(City)
Registration Number ATLASI*215MC
OR
(State)
(Zip)
97062
UBI Number C600-169-266
Telephone No. (503) 691-2484
Signed by ~~{f~~
Tille Corporate Secretary
Printed Name: Cynthia J. Waggoner
PW-407 _10 [rev 5/12/06]
Small Works Roster Project Manual
Page 2 of 10
PUBLIC WORKS
,
CONTRACT
This Contract is made and entered into in duplicate this l day of tJUJk-tnhvv , 2006,
by and between the City of Port Angeles, a non-charter code city ofthe State of
Washington, hereinafter referred to as "the City", and Atlas Tracks, Inc., an Oregon Corporation,
hereinafter referred to as "the Contractor".
WITNESSETH:
Whereas, the City desires to have certain public work performed as hereinafter set forth,
requiring specialized skills and other supportive capabilities; and
Whereas, the Contractor represents that it is qualified and possesses sufficient skills and
the necessary capabilities to perform the services set forth in this Contract.
NOW, THEREFORE, in consideration of the terms, conditions, and agreements
contained herein, the parties hereto agree as follows:
1. Scope of Work.
The Contractor shall do all work and furnish all tools, materials, and equipment in order
to accomplish the following project:
Shane Park Tennis Court Re-surfacing
Project 13964-2
in accordance with and as described in this Contract and the Project Manual, which include the
attached plans and scope of work, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof. The Contractor shall provide and bear the
expense of all equipment, work, and labor of any sort whatsoever that may be required for the
transfer of materials and for constructing and completing the work provided for in this Contract,
except as may otherwise be provided in the Project Manual.
2. Time for Performance and Liquidated Damages.
a. Time is of the essence in the performance of this Contract and in adhering to the
time frames specified herein. The Contractor shall commence work within 10
working days of Notice to Proceed, and said work shall be physically completed
within 30 working days after commencing work, unless a different time frame is
expressly provided in writing by the City.
b. If said work is not completed within the time for physical completion, the
Contractor may be required at the City's sole discretion to pay to the City
PW-407 _10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 3 of 10
liquidated damages of $200 for each and every day said work remams
uncompleted after the expiration of the specified t~me.
3. Compensation and Method ofPavrnent.
a. The City shall pay the Contractor for work performed under this Contract as
detailed in the bid, at the completion of work and submission of a detailed
invoice.
b. Payments for any alterations in or additions to the work provided under this
Contract shall be on a negotiated time and materials basis.
4. Independent Contractor Relationship.
The relationship created by this Contract is that of independent contracting. entities. No
agent, employee, servant, or representative of the Contractor shall be deemed to be an employee,
agent, servant, or representative of the City, and the employees of the Contractor are not entitled
td any of the benefits the City provides for its employees. The Contractor shall .be solely and
entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or
representatives during the performance of this Contract. The Contractor shall assume full
responsibility for payment of all wages and salaries and all federal, state, and local taxes or
contributions imposed or required, including, but not limited to, unemployment insurance,
workers compensation insurance, social security, and income tax withholding.
5. Prevailing Wage Requirements.
The Contractor shall comply with applicable prevailing wage requirements of the
Washington State Department of Labor & Industries, as set forth in Chapter 39.12 RCW and
Chapter 296-127 WAC. The Contractor shall document compliance with said requirements and
shall file with the City appropriate affidavits, certificates, and/or statements of compliance with
the State prevailing wage requirements. The Washington State Prevailing Wage Rates For
Public Works Contracts, Clallam County, incorporated in this Contract have been established by
the Department of Labor & Industries and are included as an Attachment to this Contract. The
Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply
with the prevailing wage and documentation requirements as set forth herein.
6. Indemnification and Hold Harmless.
a. The Contractor shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers against and from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or in connection
with the performance of this Contract, except for injuries and damages caused by
the sole negligence of the City.
PW-407_10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 4 of 10
b. Should a court of competent jurisdiction determine that this Contract is subject to
RCW 4.24.115, then, in the event or'liability for damages arising' out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Contractor and the City, its officers, officials,
employees, and volunteers, the Contractor's liability hereunder shall be only to
the extent of the Contractor's negligence. It is further specifically and expressly
understood 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. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or
termination of this Contract.
7. Insurance.
The Contractor shall procure and maintain for the duration of the Contract, 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, their agents,
representatives, employees or subcontractors. Failure by the Contractor to maintain the
insurance as required shall constitute a material breach of contr<;lct upon which the City may,
after giving five working days notice to the Contractor to correct the breach, immediately
terminate the Contract or at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on
demand, or at the sole discretion of the City, off set against funds due the Contractor from the
City.
a. Minimum Scope of Insurance
The Contractor shall obtain insurance of the types described below:
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.
11. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop gap liability, independent contractors, products-completed
operations, personal injury and advertising injury, and liability assumed
under an insured contract. The Commercial General Liability insurance
shall be endorsed to provide the Aggregate Per Project Endorsement ISO
form CG 25 03 11 85. There shall be no endorsement or modification of
the Commercial General Liability insurance for liability arising from
explosion, collapse or underground property damage. The City shall be
named as an insured under the Contractor's Commercial General Liability
PW-407_10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 5 of 10
111.
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insurance policy with respect to the work performed for the City using
ISO Additional Insured endorsement CG 20 10 10 01 and Additional
Insured-Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage.
Workers' Compensation coverage as required by the Industrial Insurance
laws ofthe State of Washington.
s Risk insurance covering interests of th ity, the Contractor,
Subcontr tors, and Sub-contractors in the wor Builders Risk insurance
all-risk policy form and shall i re against the perils of fire
and extended verage and physical loss r damage including flood and
earthquake, theft, vandalism, malici s mischief, collapse, temporary
buildings and debris moval. Thi uilders Risk insurance covering the
work will have a deduc' Ie of ,000 for each occurrence, which will be
the responsibility of the ractor. Higher deductibles for floor apd
earthquake perils may be ce ed by the City upon written request by the
Contractor and written cceptanc by the City. Any increased deductibles
accepted by the Cit ill remain th esponsibility of the Contractor. The
Builders Risk i ance shall be main ined until final acceptance of the
work by the . y.
b. Minimum Amounts of Insurance
The Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1 ,000,000 per accident.
11. Commercial General Liability insurance shall be written with limits no
less than $3,000,000 each occurrence, $3,000,000 general aggregate and a
$3,000,000 products-completed operations aggregate limit.
111. Builders Risk insurance shall be written in the amount of the completed
value of the project with no coinsurance provisions.
c. 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.
1. The Contractor's insurance coverage shall be primary insurance as respect
to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and
shall not contribute with it.
PW-407 _10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 6 of 10
11. The Contractor's insurance shall not be cancelled or reduced as to
coverage by either party, except after fo~y-five (45) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
d. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A: VII.
e. Verification of Coverage
The 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 Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to
loss may occur, the Contractor shall file with the City a copy of the Builders Risk
insurance policy that includes all applicable conditions, exclusions, definitions, terms and
endorsements related to this project.
f. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
g. Waiver of Subrogation
The Contractor and the City waive all rights against each other, any of their
Subcontractors, Subcontractors, agents and employees, each of the other, for damages
caused by fire or other perils to the extent covered by Builders Risk insurance or other
property insurance obtain pursuant to the Insurance Requirements Section of this
Contract or other property insurance applicable to the work. The policies shall provide
such waivers by endorsement or otherwise.
8. Compliance with Laws.
a. The Contractor shall comply with all applicable federal, state, and local laws,
including regulations for licensing, certification, and operation of facilities and
programs, and accreditation and licensing of individuals, and any other standards
or criteria as set forth in the Project Manual.
b. The Contractor shall pay any applicable business and permit fees and taxes which
may be required for the performance ofthe work.
PW-407 _10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 7 of 10
c. The Contractor shall comply with all legal and permitting requirements as set
forth in the Project Manual.
9. Non-discrimination.
The parties shall conduct their business in a manner which assures fair, equal and
nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam
era veteran status, disabled veteran condition, physical or mental handicap, or national origin,
and, in particular:
a. The parties will maintain open hiring and employment practices and will welcome
applications for employment in all positions from qualified individuals who are
members of the above-stated minorities.
b. The parties will comply strictly with all requirements of applicable federal, state
or local laws or regulations issued pursuant thereto, relating to the establishment
of nondiscriminatory requirements in hiring and employment practices and
assuring the service of all patrons and customers without discrimination with
respect to the above-stated minority status.
10. Assignment.
a. The Contractor shall not assign this Contract or any interest herein, nor any
money due to or to become due hereunder, without first obtaining the written
consent of the City, nor shall the Contractor subcontract any part of the services to
be performed hereunder without first obtaining the consent ofthe City.
b. The Contractor hereby assigns to the City any and all claims for overcharges
resulting from antitrust violations as to goods and materials purchased in
connection with this Contract, except as to overcharges resulting from antitrust
violations commencing after the date of the bid or other event establishing the
price of this Contract. In addition, the Contractor warrants and represents that
each of its suppliers and subcontractors shall assign any and all such claims for
overcharges to the City in accordance with the terms of this provision. The
Contractor further agrees to give the City immediate notice of the existence of any
such claim.
11. Contract Administration.
This Contract shall be administered by j:{ol?f:R T LUNth12.W on behalf of the
Contractor and by Corey Delikat on behalf of the City. Any written notices required by the
terms of this Contract shall be served or mailed to the following addresses:
PW-407 _10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 8 of 10
Contractor:
City:
Atlas Tracks, Inc.
19495 SW Teton Ave.
Tualatin, OR 97062
City of Port Angeles
P.O. Box 1150
321 East Fifth Street
Port Angeles, W A 98362-0217
12. Interpretation and Venue.
This Contract shall be interpreted and construed in accordance with the laws ofthe State
of Washington. The venue of any litigation between the parties regarding this Contract shall be
Clallam County, Washington.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
the day and year first set forth above. .
CONTRACTOR:
f}:fl{L~ irtGtk.,S / the
Name of Contractor
CITY OF PORT ANGELES:
B.jr;'7J~'Y f.-.L,. Vtb/tV/0KPl
By:
~.J.- f. ?li~
ity Manager
11;:~
City Jtltomey
Attest:
"
PW-407_10 [rev. 5/12/06]
Small Works Roster Project Manual
Page 9 of 10
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