INVITATION TO BID ASPHALT RESEAL, MARKING AND STRIPING PROJECT

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1 INVITATION TO BID ASPHALT RESEAL, MARKING AND STRIPING PROJECT Thurston County Fire District No. 9, District is the entity issuing this invitation for bids. The District is a municipal corporation and political subdivision of the State of Washington. This bid is for the asphalt resealing, marking and striping of Station 91, Station 93 and Station 95. The scope of work is outlined in the project specifications. Project Address: Site 1: 125 Delphi RD NW, Olympia, Site 2: 2815 Summit Lake Shore Rd NW, Olympia Site 3: 5911 Black Lake Blvd SW, Olympia District Project Manager: Captain Jeff Novak (360) Cell (360) Definitions: The following terms shall have the meaning set forth below when used in this instrument: 1.1. District. Thurston County Fire District # Bidder. Any person or entity that submits a qualified bid in response to the invitation for bids by the District Successful Bidder. The apparent lowest and best bidder to whom an award is made Contractor. The successful bidder who has satisfied the requirements for the award and who receives a contract executed by the District Acceptance. The term acceptance shall mean that time at which the District indicates that the product, as received, substantially complies with the specifications. 2. Invitation for Bids: Thurston County Fire District #9 will accept bid proposals for the Asphalt reseal and striping project as follows: 2.1. Time. Bid proposals must be received by the District on or before 5:00 p.m. on June 29th, Place. Bid proposals may be mailed or delivered to the District headquarters fire station located at 125 Delphi RD NW, Olympia, WA

2 2.3. Bid Marking. All bids must be submitted in sealed envelopes and must be clearly marked on the outside of the envelope Asphalt Reseal, Marking and Striping Bid Bid Opening. Bids will be opened at 9:00 a.m. on June 30th, 2017 at the District s Headquarters station. 3. Project Specifications Full project specifications are attached. Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to and clicking on "Posted Projects", "Public Works", and "Thurston County Fire District #9". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders Register in order to receive automatic notification of future addenda and to place themselves on the Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at (425) should you require assistance with access or registration. 4. Prevailing Wage This project constitutes a public work under state law. Bidders are warned to take into consideration the statutory legal requirements, particularly, the payment of prevailing wages, fringe benefits and performance of bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure the appropriate labor classification(s) are identified and the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. Questions should be referred to the State of Washington, Department of Labor and Industries, P.O. Box 44540, Olympia WA 98504, phone (360) Bidder Responsibility Criteria It is the intent of the District to award a contract to the lowest responsible bidder. Before award, the bidder must meet the following responsibility criteria to be considered a responsible bidder. The bidder may be required by the District to submit documentation demonstrating compliance with the criteria. The bidder must: (a) Have a current certificate of registration as a contractor in compliance with chapter RCW, which must have been in effect at the time of bid submittal; (b) Have current Washington Unified Business Identifier (UBI) number; (c) If applicable: i. Have Industrial Insurance coverage (workers compensation) coverage for the bidders employees working in Washington as required in Title 51 RCW; ii. Have an employment security department number as required in Title 50 RCW; and 2

3 iii. Have a Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; (d) Not be disqualified from bidding any public works contract under RCW or ; (e) Contractor experience criteria apply. See Section 2(A) Quality Assurance of the Project Specifications. The public works contractor must verify responsibility for each first-tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify responsibility criteria for each of its subcontractors. 6. Examination of Site & Conditions The contractor, by filing a bid, acknowledges that he has examined or has had the opportunity but knowingly declined to examine the premises and site so as to compare them with the drawings and specifications, and to have satisfied himself as to the facilities and difficulties attending the execution of the proposed contract (including local conditions, uncertainty of weather and all other contingencies) before delivery of this proposal, and no allowance shall be subsequently made on behalf of the Contractor by reason of any error or neglect on his part. 7. Contractor s Bond Prior to the execution of the contract, the bidder will be required to file a Performance and Payment bond to the State of Washington at an amount equal to one hundred percent (100%) of the contract price including all additions, deletions or extensions in time. Any additions, deletions or extensions in time shall not relieve a surety of its liability in any manner whatsoever. The bond is to insure faithful and complete performance of the contract and payment of all taxes and obligation to laborers and materials arising from the project. The Performance Bond shall remain in effect for one (1) year following formal acceptance of the work. 8. Insurance and Liability The successful bidder shall furnish and maintain all insurance as stipulated in Attachment A Insurance Requirements. 9. Completeness of Proposal Each Bidder shall quote on all items in the bid proposal unless requested otherwise. Alternative, additive or deductive prices will not be considered unless specifically required in the proposal form. 10. Proposal Effective Period Bid proposals will be good for a sixty (60) day period commencing with the date and time of closing unless extended by mutual consent of the bidder and the District. 11. Taxes Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the bidder s responsibility to furnish Federal Excise Tax Exemption certificate when applicable. 3

4 12. Shipping Cost: Bid price to include all shipping and handling costs. 13. Permits and Fees: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this contract, including those charged under RCW by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. Department of Labor and Industries may also charge fees to persons or organizations requesting the arbitration of disputes under RCW The Contractor is responsible for all fees resulting from these RCW s. 14. Withdrawal of Proposal Proposals may be withdrawn by written and signed request and only if such request is received prior to the opening of the bids. No bid will be received or considered after the time set for the opening of the bids. 15. Rejection of Bids The District reserves the right to reject any or all bids, to waive minor irregularities in any bids or in the bidding procedure, and to accept any bid presented which meets or exceeds these specifications and which the Board of Commissioners of the District deems to be in the best interest of the District. The Board of Commissioners reserves the right to accept the bid from the lowest responsible bidder taking into consideration the interests of the District and participating agencies as a whole. This may or may not be the bid with the low bid price. 16. Appeal Process If the District determines the low bidder does not meet bidder responsibility criteria and is therefore not a responsible bidder, the District shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the District s determination by presenting additional information to the District. The District will consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the District will not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. 17. Contract The successful bidder must sign and return the Agreement and furnish the Performance Bond, Labor & Material Payment Bond, Certificate of Insurance, and Intent to Pay Prevailing Wages within fourteen (14) days from the Notice of Award date. Failure to do so will result in the forfeiture of the bid award and all rights of said bidder with regard to this project will be annulled to the extent allowed by law. The Contract is executed once all of the documents listed in this section are furnished within the timeline specified and the District signs and dates the Agreement. The executed contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the District and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the contract without the written consent of the District. No terms stated by the bidder in accepting or acknowledging this order shall be binding upon the District unless accepted in writing by the District. The successful bidder may not assign the Contract resulting 4

5 from this invitation to bid without the District s prior written consent. No waiver by the District of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 18. Warranties The bidder warrants that all materials, equipment and services provided under a contract resulting from this invitation to bid are subject to all warranties arising by operation of law and additionally conform to the specifications imposed by the District; all parts and materials are of good marketable quality, of latest model and current date, exclude surplus remanufactured and used products unless so specified by the District and fit for the known purpose for which they are sold. Said warranty being in addition to any standard warranty or service guarantee given by the bidder to the District. 19. Compliance with Laws and Regulations The bidder agrees that if awarded a contract as a result of this invitation to bid warrants full compliance with all applicable local, state and federal laws and regulations and agrees to indemnify and defend the District against any loss, cost, liability or damage, including attorney s fees, by reason of successful bidder s violation of this paragraph. 20. Indemnification All services rendered or performed under a contract resulting from this invitation to bid will be rendered or performed entirely at the Contractor s own risk. The Contractor expressly agrees to indemnify and hold harmless the District and all its officer, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with services performed or to be performed under this contract by the Contractor, its agents or employees to the fullest extent permitted by law. The Contractor s duty to indemnify the Owner and Consultant shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Owner or Consultant, their agents or employees. The Contractor s duty to indemnify the Owner and Consultant for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the Owner or Consultant, their agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agent or employees. Contractor s duty to defend, indemnify and hold the Owner harmless shall include, as to all claims, demands, losses and liability to which it applies, the Owner s personnel-related costs, reasonable attorney s fees, court costs and all other claim-related expenses. The Contractor s indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. Contractor further agrees that this duty to indemnify Owner applies regardless of any provisions of the RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor s workers and employees and Contractor hereby waives any such immunity for the purpose of this duty to indemnify Owner. 21. Termination Contract(s) resulting from this bid may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the District for breach by the bidder of any of the obligation or requirements set forth in the contract documents which would, at 5

6 the option of the District, require the bidder to assume liability for any and all damages including the excess of re-procuring similar products or services; 3) for convenience of the District; or 4) by the District for the non-appropriation of funds. 22. Termination by the District without cause Notwithstanding any other provisions contained herein, the District, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the District to the Contractor on the Contract Sum, the District shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the District to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the District in the amount of such excess; 4) Any funds obtained or retained by the Contractor shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 23. Compliance with Terms The District may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 24. Estimated Quantities When quantities are estimated in the proposal form they are stated only for bid comparison purposes. The District does not warrant expressly or by implication that the actual quantities of work will correspond with those estimates. Payment will be made on the basis of the actual quantities of each item of work completed in accordance with the contract requirements. 25. Payment Application Invoices will be submitted to Thurston County Fire District No. 9, 125 Delphi Road SW, Olympia, WA A Statement of Intent to Pay Prevailing Wages certified by the State on the Contractor and each and every subcontractor must be in the possession of the District before a payment application can be processed. Invoices must include the statement I certify that wages have been paid in accordance with the Statement(s) of Intent to Pay Prevailing Wages previously certified and filed pursuant to this contract. 26. Time for Completion The contractor agrees to complete the work on or before September 30,

7 BID PROPOSAL SHEET The undersigned agrees to provide Thurston County Fire District #9 as described in the scope of work: Receipt of addendum if applicable Addendum No. Date Addendum No. Date Addendum No. Date Project Cost (exclusive of sales tax) Sales Tax (7.9%) TOTAL COST $ $ $ TIME FOR COMPLETION: List the number of consecutive calendar days it will take to complete the work from commencement date stated in a notice to proceed. ADMINISTATIVE INFORMATION: Company Address Contact Person Signature Title Attachments: Bid Sheet Certificate of Liability Insurance Certificate of Contractor s Registration 7

8 THURSTON COUNTY FIRE DISTRICT 9 ASPHALT RESEAL, MARKING AND STRIPING PROJECT AGREEMENT THIS AGREEMENT AND CONTRACT, made and entered into this day of, 2017, by and between Thurston County Fire District 9, Thurston County, Washington, a municipal corporation, hereinafter designated as the Owner, and, hereinafter designated as the Contractor, WITNESSETH: That WHEREAS the Owner has heretofore caused to be prepared certain plans and specifications described as the Asphalt Resealing, Marking and Striping Project and the Contractor did on the day of, 2017, file with the Owner a proposal to perform said work for a lump sum price of $ and State Sales Tax of $ for a total of $, and; WHEREAS, the said Contract Documents fully and accurately described the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, materials, and appurtenances and perform said work, together with the manner and time of furnishing same; IT IS THEREFORE AGREED, first, that a copy of said Contract Documents filed with the Owner, as aforesaid, do, in all particulars, become a part of the Agreement and Contract by and between the parties hereto in all matters and things therein set forth and described; and further, that the Owner and the Contractor hereby accept and agree to the terms and conditions of said Contract Documents as filed as completely as if said terms and conditions and plans were herein set out in full. Liquidated Damages. The Owner and the Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in the Contract Documents, plus any extensions allowed. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay Owner $50.00 for each day that expires after the time specified for substantial completion, until the work is substantially complete. After substantial completion if Contractor shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner liquidated damages of $50.00 for each day that expires after the time specified for final completion. 8

9 IN FAITH WHEREOF, witness the hands and seals of both parties hereto on the day and year in this Agreement first above written. Contractor Thurston County Fire District 9 By Title By Title Attest (If Corporation) Witness (If Individual or Partnership) 9

10 ASPHALT RESEAL, MARKING AND STRIPING PROJECT SPECIFICATIONS SECTION 1 - SCOPE OF WORK A. Project includes site preparation to include the cleaning of asphalt surfaces and asphalt patching or crack filling and or other such repair; and the application of striping and pavement markings to match those currently existing on site. B. Project to include striping of the yellow backing lines present on the exterior bay aprons. C. Contractor shall coordinate site work with the owner to ensure project schedule allows for normal business and emergency response operations. SECTION 2 - QUALITY ASSURANCE A. Installer Qualifications: The contractor must be experienced in applying asphalt sealant and painting pavement markings and striping similar in material, design, and extent to those indicated for this Project. Said work must have resulted in applications with a record of successful in-service performance. Contractor must provide Owner with two projects with similar scope of work. SECTION 3 - PRODUCTS B. Pavement Sealer shall be Armor Seal A-100 Concentrated Asphalt Base Pavement Sealer applied at a rate of square feet per gallon. C. Traffic Line Paint shall be chlorinated rubber base traffic paint conforming to Federal Specifications TT-P-115E, M-E-1 solvent type. All paint materials shall be listed on the WSDOT Q.P.C list of approved materials. 1. Approved Manufacturers/Products: a. General: Tru-Test Supreme Zone Marking Paint b. Glidden: Traffic Zone Paint c. Miller: Traffic Line Pain d. P.P.G. Industries: Pittsburgh Traffic and Zone Marking Paint e. Rodda: Traffic Paint 10

11 SECTION 4 - PAVEMENT SEALER A. Preparation B. Mixing C. Application 1. All asphalt surfaces shall be thoroughly cleaned and contain no loose material, dirt, dust, etc. Surfaces that are impacted with hard clay, dust and silt, that cannot be removed by mechanical sweepers or blowers must be pressure washed. 2. Asphalt surface must be completely dry prior to application. 3. Severely cracked areas, and similar surface defects musts be repaired as needed with a suitable hot mix asphalt. Treat all grease, oil, gasoline, and similar petroleum build-up or stains with Prep Seal oil spot primer A-500. Cracks in excess of ¼ wide shall be cleaned and filled with Dura-Fill H.S. (Heat Stabilized) hot applied crack filler A-420 or approved equal. 1. Concentrated Armor A-100 can be mixed with up to three pounds of #30 to #80 graduation silica sand per gallon. During application, A-100 and silica sand (if added) must be kept agitated and in a constant state of uniform suspension. Sand can be added to one or both coats. Prior to application, concentrated Armor A-100 may be mixed with water from 15 to 20 percent depending upon surface conditions. A-600 (Maxi-Tuff) can then be added to the diluted mix based upon a ratio of 1 to 3 percent per gallon of undiluted A Concentrated Armor Seal and specified water dilution shall be applied in parallel ribbons with a squeegee or approved spray application equipment. One or more multiple coat application is acceptable. The first coat of sealer shall be allowed to dry for 12 hours prior to the application of a second coat. Multiple coats shall be applied in cross directions. 2. Armor Seal A-100 shall be allowed to cure for 24 hours before opening to traffic. 3. Armor Seal A-100 shall not be applied when temperature is below 60 o F. Do not apply if rain is expected within 24-hours of application. SECTION 5 - PAVEMENT MARKINGS AND STRIPING A. Protection 1. Erect barriers so that paint is not driven over or walked upon until paint is completely dry and fully cured. B. Spray Equipment 1. Use only approved pneumatic spraying machine, manufactured for pavement paint striping, fitted with an atomizing nozzle capable of applying stripes of widths shown. 11

12 C. Stencils 2. Operate spraying equipment by means of quick opening valves and pressure regulations and gauges located in reach and view of operator. 1. Use plywood, hardboard or metal stencils, neatly formed. 2. Provide approved stencils for arrows, symbols and lettering. 3. Provide approved stencils for handicapped symbols in accordance with State and Federal Regulations. D. Striping Layout 1. Adequately mark on pavement with chalk or other material that may be easily brushed or washed off. 2. Layout shall replicate existing markings and striping present on site. 3. Obtain approval of the Owner before applying paint. E. Paint Application 1. All straight lines to be straight. Stripe widths shall not vary more than plus or minus ¼ inch. 2. Paint shall be applied at a rate of 80 square feet per gallon (approximately 20 mils wet thickness). An allowable tolerance not to exceed 10% shall be permitted for film thickness or yield in paint application. All pavement markings shall have two (2) coats applied. 3. All painted surfaces shall be free of holidays with neat, clean edges and ends. 4. Perform all work by mechanics skilled in operation of spraying equipment. SECTION 6 - QUALITY CONTROL A. Defective Work 1. Replace, in manner approved by the Owner and without damage to surface and at no additional cost to the Owner, all work considered to be defective by the Owner; defective work to include miss-painted lines, checking, cracking, peeling, discoloration, and lack of bonding of paint. 2. Normal traffic wear will not be considered a defect in work. 12

13 Station Delphi RD NW Entrance and Upper Parking 13

14 Station Delphi RD NW Entry Road Front of Station West Side Station Rear Apron Upper Parking Upper Parking 14

15 Station 91 Training Center 125 Delphi RD NW 15

16 Station Summit Lake Shore RD NW 16

17 Station Summit Lake Shore RD NW Front Driveway Front Driveway Parking Area Parking Area 17

18 Station Black Lake BLVD SW 18

19 Station Black Lake BLVD SW Parking Area in front of the Black Lake Grange is District property and part of this project. Front Ramp Note: Delete Chief and Asst Chief Markings South Parking Front Entry South Parking Rear (west) Parking Rear Access Road Grange Parking Area 19

20 Rear Apron Aphalt Damage Rear Access Road Fire Lane Markings 20

21 Attachment A INSURANCE REQUIREMENTS The successful bidder shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. The contractor s insurer shall have a minimum A.M Best s rating of A- and shall be licensed to do business in the State of Washington. Evidence of such insurance shall consist of a complete copy of the certificate of insurance, signed by the insurance agent for the contractor and returned to the Fire District. The insurance policy or policies will not be canceled, materially changed or altered without forty-five (45) days prior notice submitted to the District. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company s liability. Required Coverage: The insurance shall provide the minimum coverage as set forth below, all coverage of $1,000,000 per occurrence with no deductible. General Liability Insurance: The Contractor shall have Commercial General Liability with limits of $1,000,000 per occurrence, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. Builder s Risk Insurance: Each Contractor shall be responsible for the safety of their work and materials until completed work is accepted by the District. Adequate builder s all risk insurance, including but not limited to fire insurance coverage must be carried by the Contractor. The District reserves the right to review and approve all insurance carriers and companies providing insurance. Proof of Business Automotive Insurance: The Contractor shall have Business Automobile Liability with limits of $1,000,000 combined single limit. Workers Compensation: If applicable, the Contractor shall show proof of Worker s Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the bidder s assurance that coverage is in effect. Proof of Insurance: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been approved by the District. Said proof of insurance should be mailed to Thurston County Fire District No. 9. Upon request, the Contractor shall forward to the District the original policy, or endorsement obtained, to the Contractor s policy currently in force. Failure of Coverage: Failure of the Contractor to fully comply with the above insurance requirements during the term or the Agreement shall be considered a material breach of contract and cause for immediate termination of the Agreement at the District s discretion. 21

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