039-09 - Resolution - Contract with Stripe Rite, Inc. for 2009 Thermoplastic ApplicationsIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 039-09
Public Works Director
Public Works Director
Public Works Director
Apri114, 2009
April14, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE CONTRACT WITH STRIPE RITE, INC. FOR
2009 THERMOPLASTIC APPLICATIONS
WHEREAS, on March 16, 2009, the City of Port Orchard selected three (3)
contractors from the City's 2009 Small Works Roster and requested cost proposals for
2009 Thermoplastic Application; and
WHEREAS, on March 25, 2009, the City of Port Orchard Public Works
Department received cost proposal(s) from Stripe Rite, Inc., Apply-A-Line, and Road
Runner Striping; and
WHEREAS, Stripe Rite, Inc. was determined to be the lowest qualified bidder,
submitting a proposal of $12,960.06 (including tax); now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute a contract
(Exhibit A incorporated herein by reference) with Stripe Rite, Inc. for
the 2009 Thermoplastic Application.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 14th day of Aprjl 2009.
#
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
COPO Contract No. C028-09
THIS Agreement is made effective as of the 14th day of April2009, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029
and
Stripe Rite, Inc. ("CONSULTANT")
8320 Barney White Road
Port Orchard, WA 98367
Contact: Justin Williams Phone: 360.674.2872 Fax: 360.692.7229
Tax Id No. 91-1387668
for professional services in connection with the following Project:
2009 Thermoplastic Applications
TERMS AND CONDITIONS
1. Services by Consultant
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Attachments "A." The services performed by the Consultant shall not exceed
the Scope of Work without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be
agreed to by the pmtics and incorporated in written amendments to the Agreement.
2. Schedule of Work
A. Consultant shall perform the services described in the scope of work in accordance with the
Schedule attached to this contract as Attachments "A." If delays beyond Consultant's
reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed.
3. Terms. This Agreement shall commence on April 15, 2009 ("Commencement Date") and shall
terminate September 15, 2009 unless extended or terminated in writing as provided herein.
1 of6
4. Compensation
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $13,000.00 without written authorization.
5. Payment
A. Consultant shall maintain time and expense records and provide them to the City monthly,
along with monthly invoices in a format acceptable to the City for work performed to the date
of the invoice.
B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper
111VOICe.
C. Consultant shall keep cost records and accounts pe11aining to this Agreement available for
inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third-party agreement. Copies shall be made available on request.
D. If the services rendered do not meet the requirements of the Agreement, Consultant will
correct or modify the work to comply with the Agreement. City may withhold payment for
such work until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. Consultant agrees not to discriminate against any employee or applicant for employment or
any other person in the performance of this Agreement because ofrace, creed, color, national
origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to
the work to be done under this Agreement.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written
Notice to Proceed.
D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by City, in whole or in part, and
may result in ineligibility for fw1her work for City.
7. Suspension and Termination of Agreement
A. This Agreement may be terminated by the City at any time upon the default of the Consultant
or upon public convenience, in which event all finished or unfinished documents, reports, or
other material or work of Consultant pursuant to this Agreement shall be submitted to City,
and Consultant shall be entitled to just and equitable compensation for any satisfactory work
completed prior to the date of termination, not to exceed the total compensation set forth
herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead.
Consultant shall not in any event be entitled to anticipated profit on work not performed
because of such termination. Consultant shall use its best efforts to minimize the
compensation payable under this Agreement in the event of such termination. If the
Agreement is terminated for default, the Consultant shall not be entitled to receive any further
2 of6
payments under the Agreement until all work called for has been fully performed. Any extra
cost or damage to the City resulting from such default(s) shall be deducted from any money
due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred
by the City in completing the work, including all increased costs for completing the work,
and all damage sustained, or which may be sustained by the City by reason of such default.
B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice
to Consultant. Such notice shall indicate the anticipated period of suspension. Any
reimbursement for expenses incurred due to the suspension shall be limited to the
Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall
resume performance of services under this Agreement without delay when the suspension
period ends
8. Standard of Care
Consultant represents and warrants that it has the requ1s1te trammg, skill and experience
necessary to provide the services under this agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by Consultant
under this agreement will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing in similar
circumstances.
9. Ownership of Work Product
All data materials, reports, memoranda, and other documents developed under this Agreement
whether finished or not shall become the property of City, shall be forwarded to City at its request
and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph
6 above, all finished or unfinished documents, reports, or other material or work of Consultant
pursuant to this Agreement shall be submitted to City. City agrees that if it uses products
prepared by Consultant for purposes other than those intended in this Agreement, it does so at its
sole risk and it agrees to hold Consultant harmless therefore.
10. Indemnification/Hold Harmless
Consultant shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents,
employees, or sub consultants in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. This indemnification and hold harmless shall apply
regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW
Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such
indemnification.
11. Insurance
The Consultant 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 Consultant, its agents, representatives, or
employees.
3 of6
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
I. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
OI or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage 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
Consultant's Commercial General Liability insurance policy with respect to the work
performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liability msurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
I. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1 ,000,000 policy aggregate limit.
C. 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:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thitty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Acceptability oflnsurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll.
E. Verification of Coverage
4 of6
Consultant 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 Consultant before commencement of the work.
12. Assigning or Subcontracting
Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests
accruing from this Agreement without the express prior written consent of the City, which
consent may be withheld in the sole discretion of the City.
13. Independent Contractor
Consultant is and shall be at all times during the term of this Agreement an independent
contractor.
14. Notice
Any notices required to be given by the City to Consultant or by Consultant to the City shall be in
writing and delivered to the pat1ies at the following addresses:
Lary Coppola
Mayor
216 Prospect Street
Port Orchard, W A 98366
Phone: 360.876.4407
Fax: 360.895.9029
15. Disputes
Justin Williams
Stripe Rite, Inc.
8320 Barney White Road
Port Orchard, W A 98367
Phone: 360.674.2872
Fax: 360.692.7229
Any action for claims arising out of or relating to this Agreement shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court.
16. Attorneys Fees
In any suit or action instituted to enforce any right granted in this Agreement, the substantially
prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's
fees from the other pat1y.
17. Extent of Agreement/Modification
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only
by written instrument properly signed by both pat1ies.
5 of6
CITY OF PORT ORCHARD,
WASHINGTON
By:
Date: LI--t LJ ~
::··~~~
City Clerk
CONSULTANT
. ' /}
/ .• ··:···} ' ) ~.,/
' I (/ // '-.._,n,,.:(:_. By:
Name: S\cJ~r. IV\, bA~AV\
?(e.-':>~c\e.t.d' Title:
Date:
6 of6