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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 at1C) Malilt2i1a11C@ DATE:4/1 7IZOZ5 REQUEST suanniTTED BY: Kevin Schmidt PHONE:509-754-2011 CONTACT PERSON ATTENDING ROUNDTABLE: Kevin SCill'1lICItITOCII Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related *Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ® Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ® Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders []Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances El Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. []Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB This contract for Eastside Asphalt is to remove and re -pave the Wheeler Road parking lot. The plan is to complete the project by June 30, 2025. The reason for this project is to get the asphalt grade back below the foundation to prevent water water damage to the interior of the building and grade the lot to drain away from the building. This is a capital outlay project approved for 2025, contracted cost is $244,125.00, the budget is $255,000 for this project. FISCAL / BUDGET IMPACT: Pie-ase cont4ct accountina to complete a Financiq��q4e§t Form prior to submission, If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? YES ❑ NO ❑ N/A DATE OF ACTION: �2-5�A APPROVE: DENIED ABSTAIN D1: 161: f D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: RECEIVED APR 17 2025 4/23/24 GRANT COUNTY COMMISSIONERS THIS CONTRACT ("ContracV.), entered by and. between GRANT COUNTY, duly organized and operating under and by the Constitution and the laws of the State of Washington C'County"), and Eastside Asphalt, Inc., UBI No. 601-9 -8t , a company dui formed and � y Y doing business in the State of Washington ("Contractoe,). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. l work of ontractl co e of Work. The Contractor shill do all work and furnish all tools, materials, equipment, and things of every description necessary to comp le the tasks and scope of work as per this contract for the grant County FM2501 wheeler Road Asphalt Pro,*eet. "work" means all. work individually and collectivel�r performed by the Contractor during the project. The Contractor will be responsible for supplying and doing all the work to complete the following; Grinding, milling, or pulverizing' the existing pavement. +�Grading for storm water management. Storm water drainage or retention plans and provisions. 0 Compact subgrade to 95% min. Supply and compact six inches of 3/ inch minus crushed aggregate course. 0 R paving lot with inches commercial grade plant hot mix. asphalt. o Re -apply parking lot striping and ADD emblems, fire lane striping, and directional text and symbols in accordance to specifications and coder Provide all materials, aquiprnent.and labor to Complete the project, All permits and related costs will be the- responsibility of the contractor. Supply barricades, Safety Tape, br other methods to prohibit vehicular and pedestrian traffic from entering affected areas during the time that work is being done and the time the coatings need to cure. • Develop timeline with project manager to effect vely manage areas being treated to notify and grant County Personnel and Public of psrking lot availability. Removal and disposal of all waste generated by the project. Associated waste disposal costs are the responsibility of the contractor. * dean up of all areas affected by work ,related to the project. Containers to properly store and haul all job -related materials, solid and liquid, for disposal. q 0 MDS are to be provided and �ivailable by the contractor upon demand and on site for any chemicals brought on site Painting lines and emblems will not be in the scope of the project. Pro"e� ct Site. The work shall be accomplished upon the real property commonly known as the Grant County ohrthcx�se, situated on o about 15 5 -Whee r load in Moss Fake, Washinor as may be snore specifically directed at the sole discretion of the County. 3. .bate of Commencement and Date of Loan letion. The Contractor shall commence the work described herein upon receiving notice to proceed from the County beginning at a FM2501. Wheeter.Road Asphalt Project Page 1 U1110 MutuallyMUtually agreed upon by the parties Lifter havIng obtained all ne(w"quary i r it d nlcdon ddle work shah occur by June 30, 2.25 uni delays4 be-yond (lie control of, eit or party cause the dateto be "tended# "17h Ig, date- will not be t ad d without approval by the County. 4o QuU, s 0 . n et rt clo L The agreed Contract sum, except I' r provislo s s fo h b w in Paragraph 13 and with payment or such Contract Sung sLibiect to Provisions sot forth below in Paragraphs and 11, and a ny other provision contained within the C ntractwhi h MayatTect Such Contract Sum to be paid t Contractor, ctdr is us- follows. �r< Required d for this project. r taaina ge bond iacceptableand preferred. % r tainn e i required under CW 60,28,001. The contract Is ver, 5 00 , requiring a notice of completion to be fled and approved before releasing r t ina , 1nn!.enu.And*-Af4.ri4 Statements of intent to pay prevailing wages and affidavits of wages paid are required to be submitted to Washington n Stet Labor and Industries according to RCV39.12,04010 C. r-.13 d I ` -# Tk Contractor shall submit a Monthly billing statement and invoice to the Oidnty. Such billing statement and invoice shall set out the nature o t pr r�t� n d, the time and materials involved, or - thpercentage I of work as mutually agreed upon by the Contractor and the County, The County will pay such a statement and inv i Within thirrty 0) days o�'r eapt 0 RcrLorMa . d pa .gin rat_ ��►d : Required for this project, . : n e - - nr ar The Contractor shall defend, indemnify, and hold the County, its officers, officials, employees, and volunteers h rml ss 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 ne i ige,nce of the County, It is further p cifically and expressly understood that the. 'indemnification provided herein constitutes the ntr ctor 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 a piraat n, ofter termination thl Contra t� FM2501 Wheeler Road Asphalt Project page 2 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 m' 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 ULability insurance with limits no less than $1,000,000 combined single limit per accident for bodily in' property damage; and jury and all* h Commercial General. LiabuLty- . 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, n, collapse, and underground (XCU) if applicable; and employer's liability Worker's Compensation 'insurance at the limits established by the State of Washington. Any payment of deductible or self -insured retention shall be the Contractoes sole responsibility. The County shall be namas ed an additional insured on the insurance policy concerning . work performed by or on behalf of the Contractor, and a copy of the endorsement naming ing the county as an, additional insured s*hall be attached to the Cer-tificate of Insurance, Ibe Contractor's insurance shall be the primary insurance I concerning the County, and the County shall be given thirty (30) days prior written notice of any cancellation, suspension, or material change in coverage. Payments withheld. ithheld. The County may . withhold or nullify the whole or part of any payment to such extent as may be necessary to protect t ct the County'fromdamage loss or , f0freasons including but not Limited to a Work not within the Contract h Reasonable evidence that the work requff* ed 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. eL Cost or liability that may occur to the County due to the Contractor's fault, negligent acts, oromissions, PROVIDEDIn 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 9.76.ot 1(b)IN Authorily of County. Suppose the Contractor fails to perform the work according to the FM2501 Wheeler Road Asphalt Project PAge 3 - - ----- ----- - requirements of the Contract Document. In that case, the County shall provide written notice ofthe it deficiency to the Contractor, and the Contractor shall have seven days to correct the deficiency in the work. tfthe Contractor fails tocorrect the deficiency in the work within the pep days or to take and continue all i . appr�pr�at� steps to rn�tiate the corrections in the event corrections cannot be reasonably completed in the seven days, the County may, without prejudice to other remedies use County forces, other contractors or other means to make goad the Contractor's deficiency, and (b) deduct from or nullify the Contractors payments the cost of such effort as descnbed in: ara ra h p p of this arecment, . Warran of Construction. In addition to any special warranties provided elsewhere in the Contract Document and companion or applicable documents, the Contractor warrants that all world conforms to the requirements ofthe Contract and � free of any defect In equipment,material, or design furnished or workmanship erformed 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: Obtain all warranties that would be given in standard commercial practice. h 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 com xenon. lo. Successors and Assi ns. The County and Contractor respect* ely bind themselves, their piers, successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns, and le al r6presentatives'of such other party regarding covenants moments and obligations contained in the Contract. . `either party shall assign the word without the written consent ofthe other. ffeither part` attempts to assign without such consent, that paw shall remain legally responsible for all obligations outlined in the Contract. 11. Chan es in. work The County may, at any time and ` ithout notice to the Contractor's surety, order additions, deletions, revisions, or other changes in the work. These changes in the work shal l be incorporated into the Contract Document through the execution ofChange Orders. Suppose any change in the work ordered by the County causes an increase or decrease iri the Contract Sum or the performance time. In that case, an equitable ad,�ustment�shall a made, and such adjustments(s) shall be incorporated into a Change order. If the County desires to ordera.- 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 FM2501 Wheeler Road asphalt Project Page 4 contractor's hange Order proposal shall include total compensation for implementing the proposed change in the work including any ad ustn eat in the contract sum or brae of performance, and including compensation for all delays in connection with such change in the Nvork- and for any e pensc oc inconvenience, disruption of schedule, or loss of efficiency or productivit Occasioned by the change in the- work. Upon receipt of the Cbange order proposal r a request for egpitable adjustment to the contract sum or time of performance, the County may accept or re' t the proposal- request further documentation, or negotiate acceptable terms With the Contractor. Fending agreement on the terms .ofthe Change Order, the County may direct the Contractor to proud immediately with the Change Order work. The contractor shall not proceed with any change in the work until it has obtained the ounty's approval. All work done under any county directed change in. the work shall be executed per the Contract, lLio..A=gyRelation shi 'either the Contract nor any agreement irnplled therefrorart constitutes the Contractor as an agent or legal representative of the Count 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 night or authority to assume or create any obligation or responsibCity on behalf of or in the name ofthe County or to bind the County m any manner or thing whatsoever, 13. Clean 2. 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, qu- ment, and materials from the premises. Upon completing the Work, the Contractor shall lave 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 Counter may, do so and the cost thereof shall be charged. to the Contractord 14. Survival. If any clause or provision of this C 6ntract shall be invalid, the remaining clauses and provisions .shall nevertheless be and remain m 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 b the Contract. There :are no other agreements which modify or affect the terns hereof. No amendment hereto shall be binding unless the terms thereof are in writing and signed by bath parties. Time is of the essence. No verbal or other agreements modify or affect theContract. 1 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 w ting and delivered FM2501 wheeler Road asphalt Project Wage 5 personally to the party to receive the same or mailed by regular mail, postage prepalid to the 'address specified ad 4 acent 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 ___ required ___ convenience of the parties. They are not a part of and are not intended to govern, imit, or aid in constructing any term or provision hereof. In construing the parties' intent reaarding In this contract, no more signifficant or stricter construction of any term or provision hereof shall be asserted against the county as drafter, Head ing-s,-C-onstruction. The headings of the sections and paragraphs are 'Inserted solely for the Gomning Law, 'Venue. The performance and interpretation of the Contract Document shall be governed and interpreted by the laws of the State of Washington,. Any litigation ansing from or in connection with this Contract shall be conducted in Grant County, }Wheeher Road Asphalt Project Page 6 CONTRACTOR: Eastside Asphalt, Inc Accepted By: Lind-President License No. EASTSA1014K6 UBI No. 601-922-813 TW Dated the k of .2025. COUNrM Ole 0..00 g SEA 0' Q.-O. ` .5;1 r. Co.: kn= U.1 I 7y/ i G ATTEST. Bar I Vasquez, Clerk of the Board Approved as to form: Barbara Go Duerbeck, WSBA # 53946 Deputy Prosecuting Attorney Date: BOARD OF COUNTY COMMSSIONERS GRANT COUNTY, WASHINGTON 0K ob Jo s, hair Ci*n y rCarter, ice Chair 1(evin Bu'r'gess, NlfM,-b- er 7'�Z�t Z S FM2501 Wheeler Road Asphalt Project Page 7