HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceK20-057
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 Moe's Asphalt Patching and Sealcoating., a Corporation duly
formed and doing business in the State of Washington ("Contractor").
In consideration of the mutual promises and covenants contained herein, the partieshereto
agree as follows:
Work of Contract/Scope of Work.
The requirements of this Project, Grant County Asphalt Maintenance FM2001, are as follows.
Scope: Successful bidder will supply the complete services for crack filling, seal coating, and re -painting of
the asphalt parking lots of the Grant County Courthouse Campus at 35 C St NW and Grant County Youth
Services Facility located at 303 Abel Road located in Ephrata, Washington and Grant Integrated Services
located at 840 E Plum St. in Moses Lake, Washington.
The contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else is
necessary to accomplish the following:
• Barricades, tape or other methods to effectively prohibit vehicular and pedestrian traffic from
entering the affected parking lots during time that work is being done and the time needed for
sealants to cure.
• Equipment to clean out cracks and prepare surfaces for sealing.
• Means and methods to fill cracks with hot pour sealant
• Apply sealcoat to asphalt surfaces
• Re -apply parking space striping and handicap parking emblems, fire lane striping, and
directional text and symbols to specification and code.
Provide MSDS for any materials used during the project upon request
• Develop plan with timeline to work in designated areas at certain times and to be able coordinate
with Grant County personnel to vacate areas as needed.
• 48 hours advance notice of contractor wanting to close lots for service will be required. Notice
given on a weekend days or holidays will not be considered sufficient. Work may not be able to
be done during some time frames due to necessary facility needs.
• Provide any or all means to transport, repair and apply asphalt coatings and repair materials
• Containment of materials and coating to prevent spreading to areas not included in the project.
• Disposal of all unnecessary or excess materials related to the project such as coatings and
debris.
• Cost of disposal of items related to the project.
• Clean up of all areas affected by work related to job.
• Containers to properly store and haul all job related materials, solid and liquid, for disposal.
• Generators or other power supplies to run all equipment to be utilized for the project. Grant
County will not supply power sources for this project.
Contractor shall leave the project site in a clean condition with all debris recovered and removed.
The term "work" shall mean all work individually and/or collectively performed by the Contractor
during the project.
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1. Proiect Sites. The work shall be accomplished upon the real property commonly known and
situated on or about Grant County Courthouse Campus at 35 C St NW and Grant County Youth Services
Facility located at 303 Abel Road located in Ephrata, Washington and Grant Integrated Services located at
840 E Plum St. in Moses Lake, Washington.
2 Date of Commencement and Date of Completion. The Contractor shall commence the work
described herein upon receiving notice to proceed from the County. Substantial completion ofthe
work shall occur on or before April 30th, 2020 or at such other time as may be mutually agreed
upon by the parties. In any event, Contractor shall not commence construction until notice to proceed
has been provided by the County. The Contractor shall obtain all necessary permits prior to the
commencement of any work.
3. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in
Paragraph 14, and with payment of such Contract Sum subject to provisions set forth below in
Paragraphs 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:
Subtotal
$47,388.00
_
Washington State Sales Tax
$3875.94
Total
$51,263.94
Retainage
$2563.20
The Contract sum shall be $51,263.94 including all applicable taxes any additional costs resulting
from jurisdictional requirements maintained by an additional authority; permit costs as needed; and,
all materials and/or labor to complete the scope of work described herein is the responsibility of the
Contractor.
5% retainage is required as are intents and affidavits to Washington State Labor and Industries.
Contract is over $35,000 and will be require a notice of completion to be fled and approved with
L&I before releasing retainage.
Contractor shall submit a single billing statement and/or invoice to the County at the completion of
the project. 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 wiI I pay such statement and/or invoice within
thirty (30) days of receipt.
4. Performance and Pavment Bonds: Required for this project.
5. Retainage: 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.
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It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RC W, 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:
Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and propertydamage; and
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.
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 incoverage.
& 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 limited to:
• Work not in accordance with the Contract;
• Reasonable evidence that the work required by the Contract cannot be completed for
the unpaid balance of the contract sum;
• Work by the County to correct defective work or complete thework;
• Failure by the Contractor to perform in accordance with the Contract; or
• Cost or liability that may occur to the County as the result of Contractor's faultor
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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 RC W 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 deficiency and (b) deduct from the
Contractor's payments the cost of such effort.
10. M'arranty 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:
• Obtain all warranties that would be given in normal commercial practice;
• Require all warranties to be executed, in writing, for the benefit of the County; and
• 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.
• 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 theContract.
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.
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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. 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 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 ofthe 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 Up. Contractor shall at all times, 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 ofthe Contract.
I& 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
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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 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. For purposes of this contract, the actual attorneys' fees
incurred shall be deemed "reasonable".
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.
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Dated the 02 of april 2020 2019.
CONTRACTOR:
Moe's Asphalt Patching and Sealcoating.
5ce&-164Aecllg
License No. MOEASPS994JE
UBI No. 602105 986
Dated thea
of pril , 2020.
COMMISSIONERS
ASIRINGTON
To or Chai.�.-�---y-
ar tevens Me b
Cindy Carter, Member
EST:
arb ra J. Vasquez
1 of the Board
Approved as to form:
By
Kevin McCrae
Deputy Prosecuting Attorney
Date:
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cbie (ontracHooding and Insurance Company
P.O. Bx ox 3967 Peoria IL 61612-3967
,,,W Phone. (309)692-1000 Fax, (3003-16
BID BOND
Washington Bid Bond
Bond No. LSM 1032102
KNOW ALL MEN BY THESE PRESENTS, That We,
_ Moe Acnhalt Patching & Sealcoating,, Inc
of PO Box 4684 Wenatchee. WA 98802
(hereinafter called the Principal), as Principal and _ Contractors Bonding and bsurance Compank
(hereinafter called the Surety), as Surety are held and firmly bound unto
County of Grant
(hereinunder called the Obligee) in the penal sum of
5% of Total Amount Bid
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors an
assigns, jointly and severally, firmly by these presents
THE CONDITION OF TIIIS OBLIGATION IS SUCH, That %,hereas the Principal has submitted, or is about to submit, a
proposal or a bid to the Obligee on a contract for
Grant County Parking. Lot Asphalt Maintenance Project kFM2001
NOW, Ti IEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be
specified, enter into the Contract in writing. and give bond, if bond is required, with surety acceptance to the Obligee for the
faithful perfor»ance of the said Contract, then this obligation shall be void: otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this 20th day of March X0.10
Moe Asphalt Patching & Sealcoating Inc,
Principal
By: s -4""t
Contractors Bonding and Insurance Company
SI?A1,
'so ? Shari Sasa,,e ttorney In Fact
v
C4612613-50.0