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HomeMy WebLinkAboutAgreements/Contracts - Central Servicesy K23-062 CONTRACT THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly organized and operating under and by virtue of the Constitution and the laws of the State of Washington, ("County"), and EASTSIDE ASPHALT INC. a corporation duly formed and doing business in the State of Washington ("Contractor"). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Work of Contract/Scope of Work. The Contractor shall do all work and furnish all tools, materials, equipment, and things of every description, necessary to complete the tasks and scope of work as per the request for bids, and this contract for the Grant County Horse Barn Paving Project CSD2301. "Work" means all work individually and/or collectively performed by the Contractor during the project. Contractor will be responsible to do all work to complete the following: a Light excavation to remove surface grub/weeds. b. Spread and compact fill (provided by fairgrounds) with compaction to ensure the prepared surface will not sink. c. Provide 3" (three inches) of top course with sufficient compaction for the proper installation of asphalt. d. Provide 2.5" (two- and one-half inches) hot mix asphalt rolled smooth with a very slight slope. e. Complete cleanup of area once above completed including but not limited to recovery and removal of equipment, trash, and debris 2. Project Site. The work shall be accomplished upon the real property commonly known as the Grant County Fairgrounds, situated on or about as 3953 Airway Dr. NE Moses Lake, Washington, or as may be more specifically directed at the sole discretion of the County. 3. Date of Commencement and Date of Completion. The Contractor shall commence the work described herein upon receiving notice to proceed from the County beginning at a time mutually agreed upon by the parties after having obtained all necessary permits/bonds. Substantial completion of the work shall occur by April 20, 2023, unless delays beyond the control of either party cause the date to extend. This date will not extend without approval by the County. 4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below in Paragraphs 8 and 11 , and/or any other provision contained within the Contract which may affect such Contract Sum to be paid to Contractor, is as follows: Eastside Asphalt CSD 2301 Horse Barn Paving Contract — Page 1 Subtotal $55,000.00 Washington State Sales Tax @ 8.2% $4,510.00 Total $59,510.00 Retainage 5% of Subtotal $2,750.00 a. Retaina e: Required for this project. Retainage bond is acceptable and preferred. 5% retainage is required pursuant to RCW 60.28.001. Contract is over $35,000 requiring a notice of completion to be filed and approved before releasing retainage. b. Intents and Affidavits: Statements of intent to pay prevailing wages, and affidavits of wages paid are required to Washington State Labor and Industries pursuant to RCW 39.12.040. c. Payment Interval and Billing_Contractor shall submit a monthly billing statement and/or invoice to the County. Such billing statement and/or invoice shall set out the nature of work performed, as well as the time and materials involved in such work or percentage of work completed as mutually agreed upon by the Contractor and the County. The County will pay such statement and/or invoice within thirty (3 0) days of receipt. 5. Performance and Payment Bonds: Required for this project. 6. Indemnity and Hold Harmless. The Contractor shall defend, indemnify, and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with the performance of the contract, except for injuries and damages caused by the sole negligence of the County. 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 indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration of termination of this contract. 7. Insurance. The Contractor shall procure and maintain for the duration of this 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, its agents, representatives, employees, or subcontractors. The Contractor shall provide a Certification of Insurance evidencing: a. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and propertydamage; and Eastside Asphalt CSD 2301 Horse Barn Paving Contract — Page 2 b. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to blanket contractual; products/competed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. C. Worker's Compensation insurance at the limits established by the State of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The County shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the county as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall be primary insurance with respect the County and the County shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 8. Payments Withheld. The County may withhold or nullify the whole or part of any payment to such extent as may be necessary to protect County from loss or damage for reasons including but not limited to: a Work not in accordance with the Contract. b. Reasonable evidence that the work required by the Contract cannot be completed for the unpaid balance of the contract sum; c. Work by the County to correct defective work or complete the work. d. Failure by the Contractor to perform in accordance with the Contract; or e. Cost or liability that may occur to the County as the result of Contractor's fault or negligent acts or omissions. PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory performance, the County shall notify Contractor in accordance with RCW 39.76.011(b). 9. Authority of County. If the Contractor fails to perform the work according to requirements of the Contract Document, the County shall provide written notice of the deficiency to the Contractor and Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to correct the deficiency in the work within the seven day period or to take and continue all appropriate steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven day period, the County may, without prejudice to other remedies: (a) use County forces, other contractors, or other means to make good the Contractor's Eastside Asphalt CSD 2301 Horse Barn Paving Contract — Page 3 deficiency, and/or (b) deduct from or nullify the Contractor's payments the cost of such effort as described in paragraph 8 of this agreement. 10. Warranty of Construction. In addition to any special warranties provided elsewhere in the Contract Document and/or companion or applicable documents, the Contractor warrants that all work conforms to the requirements of the Contract and is free of any defect in equipment, material, or design furnished, or workmanship performed by Contractor. With respect to all warranties, express or implied, for work performed or materials furnished according to the Contract, and/or companion or applicable documents, the Contractor shall: a. Obtain all warranties that would be given in normal commercial practice. b. Require all warranties to be executed, in writing, for the benefit of the County; and c. Enforce all warranties for the benefit of the County, if directed by the County, including any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period specified in the Contract. d. The obligations under this Section shall survive completion. 11. Successors and Assigns. The County and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract. Neither party shall assign the work without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations set forth in the Contract. 12. Changes in Work. The County may, at any time and without notice to Contractor's surety, order additions, deletions, revisions, or other changes in the work. These changes in the work shall be incorporated into the Contract Document through the execution of Change Orders. If any change in the work ordered by County causes an increase or decrease in the Contract Sum or the time of performance, an equitable adjustment shall be made, and such adjustments(s) shall be incorporated into a Change Order. If the County desires to order a change in the work, it may request a written Change Order proposal from Contractor. Contractor shall submit a Change Order proposal within 14 days of the request from the County, or within such other period as mutually agreed. Contractor's Change Order proposal shall include full compensation for implementing the proposed change in the work, including any adjustment in the contract sum or time of performance, and including compensation for all delays in connection with such change in the work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or productivity occasioned by the change in the work. Upon receipt of the Change Order proposal, or a request for equitable adjustment in the contract sum or time of performance, or both, the County may accept or reject the proposal, request further documentation, or negotiate acceptable terms with Contractor. Eastside Asphalt CSD 2301 Horse Barn Paving Contract — Page 4 Pending agreement on the terms of the Change Order, the County may direct Contractor to proceed immediately with the Change Order work. Contractor shall not proceed with any change in the work until it has obtained the County's approval. All work done pursuant to any County - directed change in the work shall be executed in accordance with the Contract. 13. No A ency Relationship. Neither the Contract, nor any agreement implied therefrom, constitutes the Contractor as an agent or legal representative of the County for any purpose whatsoever, and the relationship of the Contractor to the County by reason of the Contract Document shall be that of an independent contractor. The Contractor is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name ofthe County or to bind the County in any manner or thing whatsoever. 14. Clean UR. Contractor shall always, keep the project site, including hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing the work, Contractor shall remove from the premises its rubbish, tools, scaffolding, equipment, and materials. Upon completing the Work, Contractor shall leave the project site in a clean, neat, and orderly condition satisfactory to the County. If Contractor fails to clean up as provided herein, and after reasonable notice from the County, the County may do so, and the cost thereof shall be charged to Contractor. 15. Survival. In the event any clause or provision of this Contract shall be held to be invalid, then the remaining clauses and provisions shall nevertheless be and remain in full force and effect. 16. Entire Agreement. The Contract embodies the entire agreement between the parties, all other agreements, oral or written, are hereby merged into and superseded by the Contract. There are no other agreements which modify or affect the terms hereof. No amendment hereto shall be binding unless the terms thereof are in writing signed by both parties. Time is of the essence. No verbal or other agreements modify or affect the Contract. 17. Explanation of Documents. The Contract been fully reviewed by the Contractor. The Contractor has had the opportunity to consult with legal counsel as to the legal effect of the Contract. 18. Notices. All notices which may be required pursuant to the terms hereof are to be in writing and delivered personally to the party to receive the same or mailed by regular mail, postage prepaid to the address specified adjacent to the parties' signatures. All notices shall be deemed served upon delivery thereof or three (3) days following deposit of the notice in the U.S. mails as required herein. 19. Headings, Construction. The headings of the sections and paragraphs are inserted solely for the convenience of the parties and are not a part of and are not intended to govern, limit or aid in the construction of any term or provision hereof. In construing the parties' intent with regard to Eastside Asphalt CSD 2301 Horse Barn Paving Contract — Page 5 this contract, no greater or stricter construction of any term or provision hereof shall be asserted against the County as drafter. 20. Disputes, Attorneys' Fees. In any controversy, claim, or dispute arising out of or relating to this contract, or the method and manner of performance thereof, or the breach thereof, the prevailing party shall be entitled to be awarded its reasonable attorney's fees in addition to such other damages as are appropriate. If neither party wholly prevails, the party that substantially prevails, shall be awarded its reasonable attorneys' fees as litigation expenses. For the purposes of this provision, the terms "proceeding", and "litigation" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. 21. Governing Law, Venue. The performance and interpretation of the Contract Document shall be governed and interpreted in accordance with the laws of the State of Washington. Any litigation arising out of or in connection with this Contract shall be conducted in Grant County, Washington. Eastside Asphalt CSD 2301 Horse Barn Paving Contract — Page 6 • CONTRACTOR: Eastside Asphalt Inc. 1061 Road K.8. Moses Lake WA, 98837 BY: Dwane Lind, President License No. EASTSA1014K6 UBI No. 601-922-813 bc. eastsidena, grnail. com Dated the �_of 2023. BOARD OF COUNTY COMMISSIONERS GRA INGTON Rob Jones,- Chair Cindy CartA, Vice -Chair' ZJ7 Danny S ne, Member ATTEST: Barbara J. VAsquez Clerk of the Board ---------------- Eastside Asphalt CSD 2301 Horse Barn Paving Contract — Page 7