HomeMy WebLinkAboutAgreements/Contracts - Facilities & Maintenance (002)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT:Facilities and Maintenance
REQUEST SUBMITTED BY: Kevin Schmidt
DATE: $/27/2024
PHONE: 509-754-2011, 3272
. Kevin Schmidt/TomGaines
CONTACT PERSON ATTENDING ROUNDTABLE.
CONFIDENTIAL INFORMATION: EIYES *NO
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l1;:;Ill;lI-i!1;!! ''gel Ig 11
Contract No. FM241 1 with Eastside Asphalt, Inc. to pave the back parking lot of the Sheriffs Office
located at 1274 Lowry St. in Moses Lake. The contract amound is for $42,276.00. This is an approved capital
outlay project for 2024. The cost would be paid from REET 1. The budget for the project is $47,500.00.
If necessary, was this document reviewed by accounting? 1:1 YES 1:1 NO [7 N/A
If necessary, was this document reviewed by legal? Fm-1 YES F-1 NO El N/A
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
WITHDRAWN:
4/23/24
* THUS CONTRACT Montracfj, enters by and between GRANT COUNTY, duly
Organized and operating under and by the Constitution and the laws of the State of Washington
("'County"), and Eastside Asphalt, Inc., UH1 •No. 601-92 413, a company duly formed and
doing business in the State of Washington CContractar").
I
4. n consideration of the mutual promises and covenants contained herein, the pane es
hereto agree as follows:
.or of -Contract/Scope o or. The Cont ractor shall do all work and furnish all tools,
ne . cessary
materials, equipment, and things ofeverydescriptimon to complete the tasks and scope
of work as per this contract for the Grant County FM2411 Lowry St. Parking Lot Paving.
'VorV means all �vork individually and collectivelY performed by the Contractor during the
project
The Contractor will. be responsible for, supplying and doing all the work to complete the
following.
Grading to slope run off storm . water to roads.
Remove excess materials.
Compact and stenflize sub, grade,
Provide and apply a mirfimum of 2.5 'Inches HMA
Provide all materials, e4uipmantand labor to complete the project
AN pertnits and related costs Will be the responsibtlity of the contractor,
Supply barn cades Safety T'
apes or other methods to prohibit vehicular and pedestrian traffic frorn
entering affected areas during the time that work is being done and the fte the co - atings need to cure.
Develop timeline Wth project mane Maria ager to eftectiv ly tge areas being treated to notify and Grant
:
County Personne! and Public of parking lot availability.
Removal and disposal of all waste gen'erated by the project Associated waste d.1sposal costs are the
responsibirdy of the, contractor,
Clean up of A areas affected by work related to the project,
Contalners to properly store and haul alljob-related matedals, solid and liquid, fbr disposal.:
MSDS are to be provided and avallable. by the contractor upon demand and on site any chemicals
brought on At. I S
Painting fines and emblems W11 not be in the scope of the project.
Rr.,oj*ect Site. Ile work shall be accomplished upon the redl property commonly known as
the. Grant County Courthouse,, situated on or about 1274,Lowry St. in Moses Lake, Washington, or
as may be more specirically directed at the sole discretion, of the county,
3. Date of Commencem. ent. and Date of Codplotion. The Contractor, shall commence the
'work described herein upon receiving notice to proceed from the Count ybeg-inning at a time
mutually agreed upon by the parties after having obtained all necessary ,pewit bonds'.
Substantial completion of the work shall occur by 3.1, 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,
FM241 I Lowry St Parking Lot Paving— Page I
R E CE] V D
GiRANVT qPR's,
4, Contract Sum,..and Contract sum, except for prov"
—Igmisa Theagreed isions set forth below
h ras
in Paragraph 13, and with pay7nent of sue Contct Sum .-ubject to provisions set forth below
in Pamgruphs 8 and I 1,and any other pmvision contained within theContract which may affect such
Contract Sum to he paid to Contracfor is as -follows.,
"tal
$39,000.00
Washington State Sales Tax @ 8.4%
$3276.00
Tail
S421276.00
Retainage (5% of Subtotal)
$1950.00
1k this n a. Retainav=, Required for is project. A retaina bond is acceptable and preferred.
nape I
5% retainageis, required under RCW 60.29.001. The contract Mover $35,000,
requin
ift * Mapproved a notice of completion to be ed and a oved Wore releasing
retainage.
h Intents and AfFidavits: Statements ofintent to. d afiridavits of pay prevailing wages an
wases paid are required to be submitted. to Washington State Labor and Industries
According to RCW 39,12.040,
c Payment.. Interval. and, 1 The Contractor all submit a inont d bMing
A h.Y I
statement and invoice to the County. Such billing statement and invoice shall Set out
the nature of the work Performcd, the flitne and materials involved, or the percentage
ofwOrk completed as xnuWall,yagreed upon by the Contructor and the County. The
M
I i.
.County pay such a statcment and invo , ice Within thirty (30) days of receipt.
wl
5. rman-ce and Pmmcnt.,,Bondx. Required for this.. proqedo illll
1ndemni!y,gqd.H_..o,1d,, eeljLamless, The Contractor shall defend, indemnify, and.'hold the
its officers,.officials, employees, and volunteers harmless from any claims, 1 J 6
County . I I nj.unes,
damages, losses, or suits, 'Including attomey �fqes, arising out of or in connection with the
V # .
perforrnance of the, contract, except for injuries and damages caused by the sole negligence of
the County.
It is further speer Ballyifiand wpressly understood that the 'Indemnification provided herein
constitutes the Contractor"s waiver of immunity under IndusWal. Insurance, title 51 RCW, solely
for indemnification. The parties have mutually negotiated this Waiver. The provisions of this
1.0 a
see on shall survive the expiration of temination of this contract.,
7. Insurance ne Contmetor shall procure and maintain, for the duration of this contract,
insurance against claims for inJuries to persons or damage to property which may arise firow or
in connection With, the performance of the work hereunder by the Contractor, its agents,
rqxmntafives, employees, or subcontractors. The Contrador shall provide a Certification of
FM24 I I Lowry St Parki ng Lot Paving— Page 2
Insumnee Wdenc I i t. 11g:
a qb,JJ,1.L 10 cc Mth fimfts no less than $1,000,000 comb' W Am twunn. Lib i I i Ly i n s u r a i i i i i in
In 11mit per accident for bodfly
i injury and property damage; and
h. Comm cia, 1..Geng..mlLahi.IiM'insumnce written on an occurmnce basis with limits
no less than $1,000,000 combined single H . mIt per occurrence and $2,000,000
uggrcgatc for personal.injury, bodfly injury, and property dmage. Coveragc shall
include but not be limited to blanket contractual; products/completed operations;
broad form pI eosi
r'Operty damagexpi - T
. on, collapse, and underground CCU) if
applicablet and employer's liability.
. 10
worker's nn ensat o insurance at the fimhs established by the State of
Washington.
Any payment, oftleductible or self-M'Sured retention shall be the Contractor's sole responsibility.
The County shall be named as an additional olnsured:on the insurance policy con, ce'M''ing work
performed by or on behalfof the Contractor, and a. copy ofthe endorsement naming the county
as an additional insured Shall be attached to the Certificate of Insurance. The Contractor's
insurance shall be the primary inMrance conceming the County, and the County shall be given,
thi.rty (30) days prior written. notice of any cancellation., suspension, or material change in
coverafte.
P ents Withheld. The County may Withhold or nullify the whole or part of any
payment to such extent as may be necessary to protect the County firom loss or damage for
reasons including but not limited tw.
a Work not with in the Contract,
h Reasonable evidence that the or requi *rcd by the Contract cannot be completed.
_
for the unpaid balance of the contract sum.
a Work, by the County to correct defective work or complete thework.
,d Failure by the Contractor to perform work within. this Contract,
e Cost or flability that may occur to the County due to theContractoes fault
negligent acts, oromis$ions.
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#76ii0l I
(b)v
Authorfty fi -ails to porform the work according to the
.Df Cgknty. Suppose the out f .
requirements of the Contract Document, In that case, the County shad I provide written notice orthe
deficiency to the Contractor, and the Contractor shal I have seven days to wrrect the do ficiency in the
work, Ifthe ContrarAor fails to correct the d4clency 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
FM241 I Lowry St Parking Lot Paving- Page 3
ly completed in the seven days, the County ma without prejudice to other remedies.* (a)
reasottab I I Y, I
use County forces, other contractors, or other means to make good the Contractor's deflciency"
and (b) deduct. from or nullify the Contra toes payments the cost of such effort as described in
paragmph 8 of this agreement,
91 3Mg=1g..2.f.ConstmCtion. In addition to _any.special warranties provided o
lsewhere in
the. Contract Document and companion or applicable documents, the Contractor warrants that all
work con -forms to the requirements of the; Contract and is free of any defiect in equipment,
material, or design furnished or rorkmanship ,perfom. ed by the Contractor.
Conceming all warranfies express or implied, for work performed or materials furnished
according to the Contmot and companion or applicable documents, the Contractor shall:
a Obtain all warranties that would be given in standard commercial ptactice..
h in Writing, for the benefit of the County; d -anRequire all wmmfies to be executed,
c En-forct all warranties for. the, benefit of the 'County, if' directed by the County�
including any subcontractoes, manufacatrees, or supplier's warranty that, extends beyond
the period specified in the Contract.
d The obligations under this Section shall survive completion.
to, Successors and -Asi sy The County and Contractor respectively bind themselves, I se their r
partners, successors, assigns., and legal representatives to the other party hereto and to partners,
successors, assigns, and legal representatives of such other pa q regarding covenan
avreement.% and obligations containcd in the Contract. Neither party shall assign the work
Wiucc
without the written consent ofthe other. Ifeither party attempts to assign thout sh onsent,,
that party shall -remain legally responsible for all obligations outlined in the Contract..
Chaff in. Wotk. The County, may, at any time and without notice to the Contractor's
u'I
ire RW , order additions, deletions, revisions, or other changes in the work. These than es In the
work shall be incorporated into the Contract Document through the execution ofChange Orders.,
Suppose any change in the work ordered by ' the County es. causan increase or decrease in the
Cm ontract Suor the performance time. In that case, an equitable adjustment, shall be made, and
such adjustments(s) shall be incorporated into a Change order.
1b.. �
Iff the County desires to order a changein 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
contractors Change Order proposal shall, include total compensation for implementing the
proposed change in the work, including any adjustment in the Contract sum or fime of
performance, and including compensation for all delays in connection with such change in the
work and for any expenseor inconvenience, disruption of schedule, or loss of efticiency or
producyity occasioned by the change in the cork. Upon receipt of the Change Order proposal
or a request for equitable adjustment to the contract sum or time of perfomance, the County.'
FM2411 Lawry St Parking Lot Paving— Page 4
may accept or reject the proposal, request furdier documentation, or negotiate acceptable terms
with the Contractor.
Pending agreement on the terins of the Change Order , the County may direct the Commaor to
proceed immediately with:the'Change Order work. Ilse contractor shall not proceed with any!
change in the work until ha
I s obtained the County's approval. All work done under any -county-
directed change in the work shall be executed per the Contract.
IZ No Agencv Relad 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 Contractofs relationship to the County because of the Contract Documcnt
*pA
shall be that of an independent contractor. The Contractor is not granted any express or implied
right or authon'ty 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 wbutsoever.
11 cl The contractor shall always keep the p ect site, including
r0JW haull"ne routes,
inframaure utilities, and storage areas, free from accumulations -of waste mate*
terra Before
completing the work, the Contractor shall remove its rubbish, tools, scaffolding, equipm=4 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 Count
y. 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 thercof shall be charged to the Contractor.
14. Surviyal,, Many clause or provision ofthis ConoW shall be invalid, the remaining clauses
and provisions shall nevertheless be and remain in full force and effect
15. EnO.Ee_Ageement. The Contract embodies the entire agrwment between the parties; all
other agreements, oral or wn - tten, are now merged and superseded by the Contract. here are no
other agreements wbich modify or affect the terns hereof. No amendment hereto shall be
binding unless the terms thereofare in Writing. and signed by both. parties, Time 'Iis ofthe essence.
No verbal or other agreements modify or affect. theContract.
16 ExDlanation.gold .Documents. ther Contracto has thoroughly reviewed the Contract, The
Contmoor has had the opportumity to consult with legal counsel as to the leg al effect of the
coofta'.
17. Notices. All notices required under the ten-ns 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 d"med served upon
as
delivery thereofor three (3) days following deposit ofthe notice in the U.S. mail as requ'mi herein.
Headins, Construction'. The headings of the sections and paragraphs are insetted solely for the
convenience ofthe part'les..They am not a part of and are not intended to govem, limit, or aid in
construeflng any term or provision hereof. In construing the parties' intentregarding
0
In this contrac� no more significant or stricter construction of any term or provision on hereof shall
FM241 I Lowry St Parking Lot Paving— Page 5
-N-nowat"M
MR., 10, � I I (Witract IN"xi-vulcol
13"lw (worlowfumv and illic ptridlW1 of tile
111014-ANsof (tic My
10" tki . I mitr h vaducWhiO
FM241 Parking Lot lhivin.V Page 6
COMRACTOR: Eastside Asphalt Inc
AccVted
It
Dwane Lm"d-Pm-sident
License No, EASTSAIO 14K6
UBI N. 601-9224 13
Dated the 2*lSt pLAug-ust
Ste; 3 a�a�f
R3. (W Ilk
Rob Jones, Member
STO
/Z
B J. Vasquez,
Cl. die Board
Approved as to form:
....... . . . . . . . WSBA
��p�ty�lroCCU *ng.Attomcy r3Z;'�7
Dateql
7/24f
FM I Lowry St Park"ng Lothiving— Page 7
Appendix A
FM241 I Lowry St Parking Lot Paving— Page 9