HomeMy WebLinkAboutAgreements/Contracts - Central ServicesK19-153
CONTRACT
THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly organized
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and operating under and by virtue of the Constitution and the laws of the State of Washington,("County"),and
QUALITY PAVING INCORPORATED, ("Contractor"), a corporation.
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In consideration of the mutual promises and covenants contained herein, the parties hereto agree as
1. Work of Contract/Scope of Work. The Contractor shall do all work and furnish all tools
and things of e ,materials,
equipment, g very description, necessary to complete the following tasks and scope of work:
2.
1631 Division Ave E Ephrata WA 98823
a. Clean and fill cracks with commercial Craftco crack X11 and seal coat parking lot, Stripe as
needed coordinating ADA parking areas with Sheriff Representative.
b. Demolish all existing pavement in the area identified for paving &removal of any and all
debris including old parking blocks (Blocks to be reused and installed by contractor),
concrete pads where identified, excess soil and material if required and any other
construction debris created by the replacement of this parking lot.
C. Any required saw cutting of existing pavement not being replaced
d. All Grading including minimum 2" of top course
e. Grading too include adjustment (if required) of any catch basins located throughout the
existing parking lot.
£ Removal of excess material if required
g. Crushed Rock (top course), Compaction, Sterilization,
h. Minimum 3" inches of HMA
i. Striping to be included, ADA location to be coordinated with Sheriff Representative.
j - All soft and spongy places shall be removed and all depressions filled with suitable material
which shall be thoroughly compacted in layers not exceeding six (6) inches in thickness.
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1. 1274 Lowry Moses Lake WA. 98837
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n. Remove as per the RFB any soft and spongy areas backfilling and compacting with suitable
material to create a proper base for new HMA. Contractor is responsible for up to 5 cubic
yards per parking lot. If more than 5 yards is required the County will pay for material costs
associated with the replacement of such areas.
o. Replace all existing pavement with a minimum of 2" top course and minimum 2-1/2" HMA
P. Grade, compaction & sterilization of top course/new HMA, set existing catch basins storm
drains, manhole covers or other utilities as required to maintain properg rade
q. Any and all work required to complete this contract. Namely, the work ro errequired to 1
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replace the parking lots stated in this contract.
r. Any and all required saw cutting is the responsibility of the contractor
S. Striping in responsibility of contractor
Contract — Page 1
Prior to the County's acceptance of the work, the Contractor must complete and ensure
that all subcontractor work is completed to finish quality and that all J
surplus and rejected
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materials and unsightly objects such as stones, stumps, limbs, roots, concrete, etc., have
been removed from the project site, properly disposed of, and that all cleanup has been
accomplished and the site is of a neat appearance.
The term "work" shall mean all work individually and/or collectively performed b the Contractor during
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the project. The term "project" shall mean replacement of worn and damaged parking lots at the
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Courthouse complex, all of which are currently in use and more specifically described in the Scope of
Work set forth above in Paragraph 1, to include removal of existing, specifiedarkin lots installation of
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new parking lots, and all cleanup and recovery of debris resulting from the project, with such work to be
performed at the "Project Site".
3. Project Site. The work shall be accomplished upon the real property Ycommonl known
and
situated on or about as Division and "C" Street, Ephrata , Grant County, Washington, and as more
specifically described in the Scope of Work set forth above in Paragraph 1, and/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 construction
of the work described herein immediately following the full formation of a contract, the County is in
receivership of performance & Payment bonds, and the intent to file prevailingis accepted b
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Labor and Industries. AND as mutually agreed upon by the Contractor and the County, provided all of
the necessary permits have been issued ffreq6ed) and the Contractor has been given notice to proceed by
the County. The Contractor shall have substantially completed all of the work of theJ
ro' ect on or before
December 12019
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4. Contract Sum and Terms. The agreed Contract Sum, including all Contractor compensation, except
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for provisions set forth below in Paragraph 14 and with � ce
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provisions set forth below in Paragraphs 6, 9, and 12, and/or any other provision contained within the
Contract which may affect such Contract Sum to be paid to Contractor, is as follows:
5% retainage is required as are intents and affidavits to Washington State Labor and Industries. Contract is over
$35, 000 requiring a notice of completion to be filed and approved before releasing retainage.
Event/Task Amount Tender
One single lump sum billing as shown below Upon Completion
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Subtotal $ 3500
Ephrata Sales Tax 8.2%/Moses Lake Sales Tax 8.1% $2,843
Contract — Page 2
Total Contract Price $ 3 7, 843
Retainage Withheld (5% OF SUBTOTAL) $ 1,750
Paid to Contractor Less Retainage $ 36,093
5. Performance and Payment Bonds. The Contractor at its expense shall furnish performance and
payment bonds for 100% of the Contract Sum, including all Change Orders and state sales tax. The bonds
shall be in a form and from a surety acceptable to the County. PROVIDED: The Contractor shall promptly
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furnish additional security required to protect the County and persons supplying labor or materials
required by the Proposal and Contract if: (a) The County has an objection to the surety; or (b) any surety
fails to furnish reports on its financial condition if requested by the County. The performance bond shall
remain in force for a period of at least two years after the Substantial Completion Date, with respect to
defective workmanship, equipment, and materials, and shall otherwise secure all other obligations of the
Contractor throughout all periods of limitation and repose.
6. Retainage and Bond Claim Rights. Pursuant to RCW 60.28, et seq., there will be reserved and
retained from monies earned by the Contractor on estimates during the progress of the work a sum equal
to five percent of the monies earned by the Contractor. Such retainage shall be used as a trust fund for the
protection and payment (1) to the State with respect to taxes imposed pursuant to Title 82, RCW which
may be due from such Contractor, and (2) of any person or persons, mechanic, subcontractor or materialman
who shall perform any labor upon such contract or the doing of said work, and all persons who shall supply
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such person or persons or subcontractors with provisions or supplies for carrying on such work. Release
of retained percentage will be made 60 days after the Completion Date, or earlier as may be provided in
RCW 60.2 8. 011 (11), provided the following conditions are met:
a. Compliance with the requirements of RCW 60.28.021, RCW 60.28.051 and other parts of
the RCW.
b. A release has been obtained from the Washington State Department ofRevenue, Labor and
Industries, & the Employment Security Dept.
C. No claims, as provided by law, have been filed against the retained percentage.
d. Affidavit of Wages Paid is on file with the County for the Contractor and all subcontractors.
In the event claims are filed, the Contractor will be paid such retained percentage less an amount sufficient
to pay any such claims together with a sum determined by the County sufficient to pay the cost of foreclosing
on claims and to cover, if necessary, actual attorney's fees and costs. Retainage will not be reduced for any
reason below the minimum limit provided by law.
7. 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
Contract — Page 3
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.
8. 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 $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 (3 0) days prior written
notice of any cancellation, suspension or material change in coverage.
9. Payments Withheld. The County may withhold or, on account of subsequently discovered evidence
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 limitedto:
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 bythe 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).
10. 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,
without r may,
prejudice to other remedies, (a) use County forces, other contractors, or other means to make good
Contract — Page 4
the Contractor's deficiency and (b) deduct from the Contractor's payments the cost of such effort.
11. 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 byContractor. '
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 Coun • and
C. Enforce all warranties for the benefit of the County, if directed by the County, including
any subcontractor's manufacturers
or supplier's s warranty that extends beyond the period
specified in the Contract.
d. The obligations under this Section shall survive completion.
12. Liquidated Damages. This clause has been excluded from this contract.
13. Successors and Assigns. The County and Contractor respectively bind themselves theirp artners
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�Y a attempts
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to make such an assignment without such consent, that party shall nevertheless remain legally responsible for
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all obligations set forth in the Contract.
14. 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 Orderro osal from
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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 efficiencyproductivity
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occasioned by the change in the work. Upon receipt of the Change Order proposal, or a request for equitable
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adjustment in the contract sum or time of performance, or both, the County may accept or reject the proposal,
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request further documentation, or negotiate acceptable terms with Contractor. Pending agreement reement 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.
roval.
All work done pursuant to any County -directed change in the work shall be executed in accordance with
the Contract.
15. No Agency 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
Contract — Page 5
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.
16. Clean Up. Contractor shall at all times, keep the project site, including g haulm routes
infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing
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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.
17. 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.
18. Entire Agreement. The Contract embodies the entire agreement between thep arties all other
agreements, oral or written, are hereby merged into and superseded by the Contract. There are no other
agreements which modifyor 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.
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19. 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.
20. 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, postagere aid to the address
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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.
21. 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 this contract, nog reater or
stricter construction of any term or provision hereof shall be asserted against the County as drafter.
22. Disputes, Attorne. s' 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 a shall
be entitled to be awarded its reasonable attorney's fees in addition to such other damages as are app appropriate.
riate.
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
eals
therefrom. For purposes of this contract, the actual attorneys' fees incurred shall be deemed "reasonable".
23. 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
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out of or in connection with this Contract shall be conducted in Grant County, Washington.
Contract — Page 6
CONTRACTOR•
Scott W er
dba uality Pa ,
105
Mases L A 9883
By: '-�4 A
Scott Walker, President
License No. QUALIPI9950J
UBI No. 602 143 037
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/*&-a �4n >
Dated the 4�f Sept 2019
Contract — Page 7
ATTEST:
4 Bar Jar J. Vasquez r
of oard
Approved s,jo form:
By
Deputy Prosecuting Attorney
Date:
Contract — Page 8