HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT:Facilities & Maintenance
REQUEST suannirrED BY: Kevin Schmidt
DATE:3/13/2024
PHONE:5O9-754-3272
CONTACT PERSON ATTENDING ROUNDTABLE:Kevin Schmidt/Tom Gaines
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Contract needs to be signed for Moe's Asphalt Patching and Sealcoat'
ng
Contract is for a capital to crack sealing and seal coating the parking lots in for the Courthouse Campus and Youth S
in Ephrata. p ervcices on Abel Road
This is a project that is approved in the 2024 budget and d the contract cost Is under budget.
DATE OF ACTION: �- Z
APPROVE: DENIED ABSTAIN
D1:
D3:
DEFERRED OR CONTINUED TO:
K24-1 00
CONTRACT �
THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly
organized and operating under and by the Constitution and the laws of the State of Washington
("County"), and Moe's Asphalt Patching and Sealcoatin UBI No. 642-105-9
dui fog g 86, a company
y 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 p to complete the tasks and scope
of work as per this contract for the Grant County Asphalt Maintenance FM24
p 04."Work"means
all work individually and collectively performed b the Contractor during '
Y g the project.
The Contractor will be responsible for supplying and doingall the work to
following: complete the
a Providing all equipment, materials, and labor needed to blow out the•
cracks for
sealing, applying the seal coat, applying the hot melt crack sealant and
prepare the
surfaces for sealant for the parking lot at the Grant County Courthouse
�e Campus
(parking lots A,B,C,D,E,F,G) and the parking lots at 303 Abel Roadou .
Road(outlined with
red i
lines), in the images in Appendix A
b. Provide all equipment, labor and supplies to paint the '
pp p parking lot striping and
emblems in the same arrangement and colors before beingcoated
over with sealant.
c. Co-ordinate with the Facilities and Maintenance Manager on availability t'Y of time
and dates to perform project tasks.
d. Provide all barricades, cones, tape or whatever is necessaryto kee p employees and
the
public out of lots when work is in progress, or the parking lot is closed while
le
allowing time for project related sealants and paint to cure.
e. Containers to safely and securely store any materials or supplies stored on site.
f The Contractor is responsible for clean-upd disposal, including '
anp g costs, far project
related waste.
g Work with the Facilities and Maintenance Manager to prevent product overspray
that could drift onto nearby vehicles.
h Have available on site all MSDS for materials and supplies ppl�es used.
i Contractor understands this is a Public Work subject to prevailing g wage and the
sub J
mission of intents, affidavits, and certified payroll as y
required b the Labor and
Industries.
q
2. Pro'ect Site. The work shall be accomplished
l rea
e on u thco
the P property' mmonly known as
�t County Courthouse, situated on or about 35 C Street NW Ephrata, Washington, gtan, oras may
be more specifically directed at the sole discretion of the County.
3. Date of Commencement and Date of Corn letion. The Contractor shall
commence the
FM2404 Asphalt Maintenance— Page 1
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 May 31, 2024, unless delays beyond the
control of either party cause the date to be extended. This date will not be extended 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 any other provision contained within the Contractwhichmay affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal
$38fi09.00
Washington State Sales Tax @ 8.4%
$3243.16
---Total
$41852.16
Retainage (5% of Subtotal)
$2092.61
a Retainage: Required for this project. A retainage bond is acceptable and preferred.
5% retainage is required under RCW 60.28.001. The 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 be submitted to Washington State Labor and Industries
according to RCW 39.12.040.
c. Payment Interval and Billing: The Contractor shall submit a monthly billing
statement and invoice to the County. Such billing statement and invoice shall set out
the nature of the work performed, the time and materials involved, or the percentage
of work completed as mutually agreed upon by the Contractor and the County. The
County will pay such a statement and invoice within thirty (30) 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 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 indemnification. The parties have mutually negotiated this waiver. The provisions of this
section shall survive the expiration of termination of this contract.
FM2404 Asphalt Maintenance— Page 2
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 property damage; and
b. Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and $2,000,000
aggregate for personal injury, bodily injury, and property damage. Coverage shall
include but not be limited to blanket contractual; products/completed 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 Contractor's sole responsibility.
The County shall be named as an additional insured on the insurance policy concerning work
performed by or on behalf of the Contractor, and a copy of the endorsement naming the county
as an additional insured shall be attached to the Certificate of Insurance. The Contractor's
insurance shall be the primary insurance concerning the County, and the County shall be given
thirty (30) days prior written notice of any cancellation, suspension, or material change in
coverage.
S. Payments Withheld. The County may withhold or nullify the whole or part of any
payment to such extent as may be necessary to protect the County from loss or damage for
reasons including but not limited to:
a. Work not .within 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 work within this Contract.
e. Cost or liability that may occur to the County due to the Contractor's fault,
negligent acts, o�•omissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
unsatisfactory performance, the County shall notify the Contractor per RCW 39.76.011(b).
FM2404 Asphalt Maintenance— Page 3
Authority of County. Suppose the Contractor fails to perform the work according to the
requirements of the Contract Document. In that case, the County shall provide written notice of the
deficiency to the Contractor, and the 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 days or to take
and continue all appropriate steps to initiate the corrections in the event corrections cannot be
reasonably completed in the seven days, the County may, without prejudice to other remedies: a
use County forces, other contractors, or other means to make good the Contractor's deficiency,
and (b) deduct from or nullify the Contractor's payments the cost of such effort as described in
paragraph 8 of this agreement.
9. Warranty of Construction. In addition to any special warranties provided elsewhere in
the Contract Document and companion or applicable documents, the Contractor warrants that all
work conforms to the requirements of the Contract and is free of any defect in p
aq ui ment,
material, or design furnished or workmanship performed by the Contractor.
Concerning all warranties, express or implied, for work performed or materials furnished
according to the Contract and companion or applicable documents, the Contractor shall:
a Obtain all warranties that would be given in standard 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, manufacturer's, or supplier's warranty that extends beyond
the period specified in the Contract.
d The obligations under this Section shall survive completion.
14. 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 regarding covenants
agreements, g g '
and obligations contained in the Contract. Neither party shall assign the work
without the written consent of the other. If either party attempts to assign without such consent,
nt,
that party shall remain legally responsible for all obligations outlined in the Contract.
11. Changes in Work. The County may, at any time and without notice to the Contractor's
surety, order additions, deletions, revisions, or other changes in the work. These changes in
g g the
work shall be incorporated into the Contract Document through the execution of Change Orders.
Suppose any change in the work ordered by the County causes an increase or decrease in the
Contract Sun or the performance time. In that case, 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 the Contractor. The contractor shall submit a Change Order proposal within 14
days of the request from the County or within such other period as mutually agreed. The
contractor's Change Order proposal shall include total compensation for implementing the
FM2404 Asphalt Maintenance— Page 4
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 to the contract sum or time of performance, the County
may accept or reject the proposal, request further documentation, or negotiate acceptable terms
with the Contractor.
Pending agreement on the terms of the Change Order, the County may direct the Contractor to
proceed immediately with. the Change Order work. The contractor shall not proceed with any
change in the work until it has obtained the County's approval. All work done under any county -
directed change in the work shall be executed per the Contract.
12. No Agency Relationshim 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 Contractor's relationship to the County because 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
of the County or to bind the County in any manner or thing whatsoever.
13. Clean Up. The 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, the Contractor shall remove its rubbish, tools, scaffolding, equipment, and
materials from the premises. Upon completing the Work, the Contractor shall leave the project
site in a clean, neat, and orderly condition that is satisfactory to the County. If the 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 the Contractor.
14. Survival. If any clause or provision. of this Contract shall be invalid, the remaining clauses
and provisions shall nevertheless be and remain in full force and effect.
15. Entire Agreement. The Contract embodies the entire agreement between the parties; all
other agreements, oral or written, are now :merged 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 and signed by both parties. Time is of the essence.
No verbal or other agreements modify or affect theContract.
16. Explanation of Documents. The Contractor has thoroughly reviewed the Contract. The
Contractor has had the opportunity to consult with legal counsel as to the legal effect of the
Contract.
17. Notices. All notices required under 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. mail as required herein.
FM2404 Asphalt Maintenance— Page 5
Headings, Construction. The headings of the sections and paragraphs are inserted solely for the
convenience of the parties. They are not a part of and are not intended to govern, limit, or aid in
constructing any term or provision hereof. In construing the parties' intent regarding
In this contract, no more significant or stricter construction of any term or provision hereof shall
be asserted against the county as drafter.
18. Governing Law, Venue. The performance and interpretation of the Contract Document
shall be governed and interpreted by the laws of the State of Washington. An litigation arising
g y g g
from or in connection with this Contract shall be conducted in Grant County, Washington.
FM2404 Asphalt Maintenance-- Page 6
CONTRACTOR:
Moe's Asphalt Patching and Sealcoating
mob"O—IMMM-09
License No. MOEASPS994JE
UBI No. 602 1..05 986
scott.moeasphalt@nwi.net
Dated the V�L of YY-I-V"VI--., , 2024.
BOARD OF COUNTYCOMMISSIONERS
GCOU%NT A HIN GTON
Z_Kq q
C 0",
Cindy Carter, hast
Danny StoXe, Vice Chair
Rob
ATT T
:
T
Bpi 4i -a . Vasquez, ol�
Cie 0. the Board
Approved as to form:
m
Barbara G. Duerbeck, WSBA # 53946
Deputy Prosecuting Attorney
Date:
FM2404 Asphalt Maintenance— Page 7
Brittany E. Lutz
From: Barbara G. Duerbeck
Sent: Wednesday, March 13, 2024 12:50 PM
To: Kevin Schmidt
Cc: Kirk Eslinger
Subject: RE: Contract with Grant County for Project FM2404 Asphalt Maintenance
As long as Kirk okays the insurance then this is good to go.
Thank you,
Barbara G. Duerbeck
Deputy Prosecuting Attorney
Grant County Prosecuting Attorney's Office
Civil/Appellate Division
509-754-2011
Extension 3912
bgduerbeck@grantcountywa. oovv
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and be subject to disclosure upon request. Thank you.
From: Kevin Schmidt <kschmidt@grantcountywa.gov>
Sent: Tuesday, March 12, 2024 7:45 AM
To: Barbara G. Duerbeck <bgduerbeck@grantcountywa.gov>
Subject: FW: Contract with Grant County for Project FM2404 Asphalt Maintenance
Barb,
Here is the contract for your review. The project is to crack seal and apply sealant to the parking lots A -G here and
then also the lots up at Youth Services on Abel Road.
Hope your morning sickness is starting to get better.
Kevin Schmidt
Facilities and Maintenance Manager
Grant County, Wa
Phone: 509-754 2011 ext: 3272
Mobile: 509-237-4081
Email: kschmidt@grantcountywa.gov
From: scott.moeasphalt@nwi.net <scott.moeasphalt@nwi.net>
Sent: Tuesday, March 12, 2024 7:38 AM
To: Kevin Schmidt <kschmidt@grantcountywa.gov>
Subject: RE: Contract with Grant County for Project FM2404 Asphalt Maintenance
From: Kevin Schmidt <kschmidt@grantcountywa.gov>
Sent: Tuesday, March 12, 2024 7:34 AM
To: scott.moeasphalt@nwi.net
Subject: RE: Contract with Grant County for Project FM2404 Asphalt Maintenance
Scott,
If you could, please send the signature page back with the entire contract. It is something that the County asks
when we do contracts.
Thank you in advance,
Kevin Schmidt
Facilities and Maintenance Manager
Grant County, Wa
Phone: 509-754 2011 ext: 3272
Mobile: 509-237-4081
Email: kschmidt@grantcountywa.gov
From: scott.moeasphaIt@nwi.net <scott.moeasphalt@nwi.net>
Sent: Tuesday, March 12, 2024 7:25 AM
To: Kevin Schmidt <kschmidt@grantcountywa.gov>
Subject: RE: Contract with Grant County for Project FM2404 Asphalt Maintenance
From: Kevin Schmidt <Icschmidt@grantcountywa.gov>
Sent: Friday, March 8, 2024 1:23 PM
To: scott.moeasphalt@nwi.net
Subject: Contract with Grant County for Project FM2404 Asphalt Maintenance
Scott,
Please see the attached contract. If you have any questions or concerns, please feel free to contact me.
Have a good day,
Kevin Schmidt
Facilities and Maintenance Manager
Grant County, Wa
Phone: 509-754 2011 ext: 3272
2
Mobile: 509-237-4081
Email: kschmidt@grantcountVwa.gov