HomeMy WebLinkAbout2014-038 "I" Street Repairs Agreement with Granite Construction CompanyCONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day of -rpt , 2015, by and between the City
of Yakima, hereinafter called the Owner, and Granite Construction Company. a California Corporation, hereinafter
called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the
parties hereto covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF:
$39,445.00, for 'I' Street Repairs, City Project No. AC 2393/6534, all in accordance with, and as described in the
attached plans and specifications and the 2014 Standard Specifications for Road, Bridge, and Municipal Construction
which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions
to the work provided under this contract and every part thereof.
Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Three (3) working days. If
work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be
the 11th day after the date on which the City issues the Notice to Proceed.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in
the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time,
as liquidated damages.
The Contractors shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may
be required for the transfer of materials and for constructing and completing the work provided for in this contract and
every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima.
II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to
provide the materials and to do and cause to be done the above described work and to complete and finish the same
according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts
to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached,
at the time and in the manner and upon the conditions provided for in this contract.
III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials,
employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any
kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or
resulting from the Contractor's performance or non-performance of the services, duties and obligations required of it
under this Agreement.
IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except
as expressly provided herein.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein
above written.
Countersigned: CITY • F YA MA CONTRACTOR
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(Print Name)
Vice President
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Address: 585 West Beach Street
Watsonville, CA 95076
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GRANITE CONSTRUCTION COMPANY
PROPOSAL AND CONSTRUCTION CONTRACT
a of Proposal: September 14, 2015
Proposal Valid Until: 30 Days from Date of Proposal
This Proposal and Construction Contract, including General Conditions and attachments hereto, if any, identified in Section 6 below (herein
"Contract") is entered into as of the Date of Proposal by and between GRANITE CONSTRUCTION COMPANY, a California corporation,
(herein "Contractor") and City of Yakima Water Division herein called the "Owner." Owner and Contractor agree as follows:
1. Description and Location of Work. Contractor agrees to perform the following work (herein, "Work"):
2. Scope of Work:
A). One (1) Mobilization of the prep crew, paving crew and all equipment.
B). Provide project traffic control. (Detour)
C). Provide saw cutting for removal & disposal of 34 cubic yards of asphalt and 7 cubic yards of concrete.
D). Replace approximately 315 SF of 4" concrete sidewalk 7' wide and 75 SF of 5' wide sidewalk.
E). Replace approximately 600 SF of 6" concrete approach.
F). Replace approximately 40 LF of concrete valley gutter.
G). Furnish, haul and place new crushed surfacing for under damaged portion of HMA roadway 12' x 30' if required but
(not to exceed 6" compacted depth).
H). Furnish, haul and place 6" HMA for E. I Str. (12' x 90' or 1,080 SF) and 4" HMA for alley (38' x 20' or 760 SF) and 2' wide
patching behind concrete approach.
I). Plant startup fee for Saturday paving.
J). Unsuitable excavation to include haul/disposal below HMA roadway if needed will be billed at $50.00 per cubic yard.
3. Project Location: East I Str., Yakima, WA 98901
4. Plans and Specifications. The Work described above shall be performed in accordance with the following plans and
specifications to the extent applicable to scope of work: Plans and Specifications per the City of Yakima Water Division and
Emilio Lopez. Such plans and specifications are, by this reference, incorporated herein and made a part of this Contract, but are
not attached.
5. Payment. Owner shall pay to Contractor, as full compensation for performance by Contractor of the Work (herein "Contract
Amount") the following amount: $39,445.00
A. Payments shall be made in accordance with the provisions of Section 2 on page 2 hereof. Progress payments shall be
100% of the estimate and the sum of 1-1/2% per month shall be added to any balance unpaid when due.
B. The Contract amount shall include all applicable Sales, Use, Franchise, Excise and other taxes which may now or
hereafter be levied.
C. In the event the above price is a unit price based on quantities, final payment shall be for actual quantities jointly
determined by the Owner and Contractor, upon completion of all Work hereunder.
D. Contractor shall have the right to terminate this Contract if Owner is unable to demonstrate to the satisfaction of Contractor
prior to commencement of Work (or at anytime during the course of the Work in response to the written request of
Contractor) Owner's ability to make payments for the Work to be performed hereunder in the manner and at the times set
forth herein.
6. Time. Contractor shall commence and continue thereafter to diligently perform the Work in accordance with a mutually agreed
upon schedule. If applicable, the mutually agreed upon schedule shall provide for 3 working days in which to perform the Work. A
working day is defined as any day except Saturdays, Sundays and legal holidays and except days on which the Contractor is
prevented from proceeding with at least ninety percent (90%) of the normal labor and/or equipment force required to perform the
Work due to events or circumstances, beyond the control of Contractor including, but not limited to, those events or circumstances
identified in Sections 7 and 8 on page 2 hereof.
7. Special Conditions. Any additional area, depth or materials required for the completion of this project due to unforeseen
conditions (unsuitable subgrade) or by the request of the owner will be added to the price above at the contracted unit
price.
8. Exclusions: Sales tax, utility adjustments, underground, surveying, irrigation, landscaping, excavation/disposal of
unsuitable subgrade materials below HMA roadway, fog seal, asphalt seal coat, crack sealing, striping and all other items
of work not mentioned in the scope of work above.
9.
10. Attachments. The following documents are attached hereto and incorporated herein and made a part of this Contract by this
reference: None.
WA Rev. 04/09 Page 3
GRANITE CONSTRUCTION COMPANY
PROPOSAL AND CONSTRUCTION CONTRACT
This Contract is Subject to the Terms and Conditions Appearing on Page 2.
Executed at: , Washington as of the date first above written.
OWNER NAME
If Acceptable Please Sign Original and Return to:
GRANITE CONSTRUCTION COMPANY,
a California corporation
BY2 State of Washington Contractor's License No. GRANICC916DL
Address)
hone Number)
80 Pond Rd.
(Address)
Yakima, WA 98901
BY:
Contractor: ill ShubartlEstimator
Job No.
WA Rev. 04/09 Page 3
For all applicable contracts where this notice is required:
NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no. GRANICC916DL, and
has posted with the state a bond or deposit of $12,000 for the purpose of satisfying claims against
the contractor for breach of contract including negligent or improper work in the conduct of the
contractor's business. The expiration date of this contractor's registration is 10/08/2016.
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE
FROM THE WORK DONE UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use because it covers all work performed by this
contractor. The bond or deposit is intended to pay valid claims up to $12,000 that you and other
customers, suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage
for a stated period of time to provide protection to you and help insure that your project will be
completed as required by your contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction project or an employee or subcontractor of
it contractor or subcontractors is not paid, your property may be liened to force payment and
you could pay twice for the same work.
FOR ADDITIONAL PROTECTION. YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU
WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR
ON YOUR PROJECT.
The contractor is required to provide you with further information about lien release documents if
you request it. General information is also available from the state Department of Labor and
Industries.
Acknowledgement of Receipt of Notice to Customer:
Dated thi
day
Customer's Full Name and Signature
WA Rev. 04/09
of the year 2015
Page 4
GENERAL CONDITIONS
1. WORKMANSHIP AND MATERIALS: Contractor acknowledges that it is familiar with the nature and location of the Work. All Work shall be performed by
Contractor in a workmanlike manner, and in accordance with industry standards.
7 PAYMENTS: Contractor shall receive progress payments monthly in proportion to the amount of Work performed during the period covered by Contractor's billing.
ess payments will be made within ten (10) days after Owner receives a billing from Contractor setting forth the amount due for the Work performed and covered by
6._ .lilting. Owner will make payment to Contractor for work performed in the percentage amount set forth under Paragraph 3.A. on page 2 hereof. Final payment shall
be due Contractor within ten (10) days after (i) Owner's receipt of a final billing from Contractor or (ii) completion of the Work, whichever shall occur last. The
proportionate amount of Work billed on Contractor's progress billings shall be subject to the approval of Owner. Progress payments shall not be construed as an
acceptance of any Work, the entire Work being subject to final inspection and approval by Owner. As it would be extremely difficult to fix and ascertain the actual
damages the Contractor would sustain by Owner's failure to pay moneys due to Contractor under the terms of this Contract at the times and in the manner specified
herein, it is hereby agreed by the parties hereto that the Owner shall pay to the Contractor in addition to all sums due hereunder the sum of the percentage per month
set forth under Paragraph 3.A. on the face hereof as a fixed amount of any balance unpaid when due under this Contract. Nothing contained herein shall be deemed
consent by the Contractor for extending the due date for payment under this Contract.
3. CHANGES IN THE WORK: Owner may, from time to time, by instructions or drawings issued to Contractor, make changes to the scope of the Work, issue
additional instructions, request additional work or direct the omission of work previously ordered, and the provisions of this Contract shall apply to all such changes,
modifications and additions with the same effect as if they were embodied in the original contract. The price or a formula for establishing the price and any time impacts
to the schedule for such work shall be set forth in a written change order either prior to the commencement of work or as soon as practical thereafter and shall be
mutually agreed upon with Contractor. Absent the parties' agreement to price and/or time extension for a change in the Work, Owner shall pay Contractor its actual
direct costs in completing said extra work plus a mark-up of 15 percent thereon for overhead and profit.
4. INDEMNITY: Contractor shall indemnify and hold Owner harmless against all claims, damage suits, actions, recoveries and judgments caused by the negligence
of Contractor, its agents, employees, or subcontractors, in performing the Work. Owner shall indemnify and hold Contractor harmless against all claims, damage suits,
actions, recoveries and judgments caused by the negligence of Owner, its agents, employees, or subcontractors, relating to the Work.
5. RESPONSIBILITY FOR WORK: Except to the extent insured by property insurance provided by Owner, Contractor shall be responsible for and shall bear any
loss of or damage to the Work and all materials, supplies and equipment until such time as Contractor has de -mobilized from the Work site. In no event, shall
Contractor be liable for such loss or damage that results from the actions, omissions, fault or negligence, either active or passive, of the Owner, Owner's representatives,
agents, employees, its other contractors or anyone acting on Owner's behalf or others over whom Contractor has no authority or control.
6. INSURANCE: Contractor shall maintain such insurance as will protect it from claims under workers' compensation acts and from claims for damages because of
bodily injury, including death, or injury to property which may arise from and during the operation of this Contract. A certificate of such insurance shall be provided to the
Owner if the Owner so requests,
7. DELAYS BEYOND CONTROL OF CONTRACTOR: In the event Contractor shall be delayed in the performance of the Work under this Contract by causes
beyond the control of the Contractor and not caused by Contractor's negligence, including, but not limited to, Change Orders, Acts of God, or of the public enemy, acts of
any governmental agency, fire, flood, epidemics, strikes, freight embargoes, inclement weather, over optimum moisture content of ground or base course, unsuitable
ground conditions or delays caused by Owner, its other contractors, their subcontractors of any tier and the suppliers to any of the foregoing, Contractor shall have a
time extension to the mutually agreed schedule for the time caused by said delay and shall be paid its additional costs incurred as a result of the delay, including labor
and material cost or price escalations, and extended jobsite and home office overhead.
8. DIFFERING SITE CONDITIONS: (A) Contractor shall promptly, and before the conditions are disturbed, give a written notice to Owner of (1) subsurface or latent
physical conditions at the site which differ materially from those indicated in this Contract, including but not limited to any subsurface utilities not accurately shown on
plans or drawings, or (2) unknown physical conditions at the site of an unusual nature, which differ materially from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Contract, or (3) the existence of contaminated, toxic or hazardous materials or conditions not specifically
ibed in type, character, or quantity in this Contract, which existence is deemed to be a differing site condition. (B) Owner shall investigate the site conditions
ptly after receiving the notice. If the conditions do materially so differ or are deemed to so differ and cause an increase or decrease in the Contractor's cost of, or
the time,required for, performing any part of the Work under this Contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made
under this clause and the Contract price increased to reflect Contractor's increased costs plus a mark-up of 15 percent, and the mutually agreed schedule extended
accordingly.
9 LAWS AND REGULATIONS: Contractor shall at all times comply with all applicable safety, licensing, employment and environmental laws, ordinances, statutes,
rules and regulations of the Federal Government, State, County, Municipalities or their Agencies of Government (herein "Law" or "Laws").
10. OWNER: Owner represents he/she/it is the Owner in fee simple of the real property upon which the construction improvement is to be made.
11. ACCEPTANCE: Upon receipt of written notice from Contractor requesting acceptance of the Work being performed hereunder, Owner and Contractor shall
promptly inspect the job jointly and, in the event the same has been completed in conformity herewith, provide Contractor with a Notice of Completion in recordable
manner and form. In the event the Work performed is subject to further inspection and/or final acceptance by another person or entity, and such inspection and/or final
acceptance cannot be obtained through no fault of Contractor, then in such event the Work shall be deemed completed and accepted. Contractor shall warrant its Work
against defects in materials and workmanship for a period of one year from the date of completion of the Work.
12. PERMITS: Owner will obtain and pay for all permits, inspection fees, soils test, engineering, staking, fees for utility connections, or other such similar items
required for the performance of Work hereunder.
13. SUBCONTRACTING: Contractor shall have the right to subcontract any portion of the Work hereunder, and all Work performed by subcontractors shall be subject
to all of the applicable Contract terms and conditions.
14. LIENS AND CLAIMS: Provided Contractor has been, and continues to be, timely paid all amounts due it, Contractor shall promptly pay valid claims of all persons,
firms or corporations performing labor or furnishing equipment, materials and other items used in, upon or for the Work done hereunder.
15. FAILURE TO MAKE PAYMENTS: In the event Owner shall fail to make payment at the times and in the amounts provided for in this Contract, Contractor shall
have the right to stop Work. In such event all amounts due Contractor, including retention, if any, shall immediately become payable and Contractor shall have the right
to recover all damages sustained by Contractor as a result of such breach of contract by Owner.
16. DEFAULT: In the event Contractor shall fail to timely perform any provision of this Contract and if such failure should continue for thirty (30) days after receipt of
written notice from Owner, then Owner may terminate this Contract and cause the balance of the Work to be completed by other parties. In any such event, if the
reasonable cost of such completion exceeds the unpaid balance due on the Contract price, Contractor shall promptly pay such difference to Owner: otherwise, the
unpaid contract balance shall be paid to Contractor. The Owner and Contractor each waive the right to recover from the other any indirect, incidental, special or
consequential damages regardless of how such damages are caused.
17. COSTS AND ATTORNEYS' FEES: Should either party bring suit in court to enforce or interpret any of the terms hereof, or for a breach thereof, and/or to
foreclose any mechanic's lien attributable to the Work done hereunder, the prevailing party shall be entitled to cost and reasonable attorneys' fees, which may be set by
the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled.
18. NOTICES: Any notice required or permitted hereunder shall be served personally on Contractor's construction manager or on the representative of Owner at the
job site, or may be served by certified mail directed to the address of the party shown on the face of the Contract. Notices shall be in writing and effective upon receipt
by the Intended recipient.
19. ASSIGNMENT: Except as provided in Section 13 above, neither party shall assign all or any portion of this Contract without first obtaining the signed written
consent of the other party. Subject to the foregoing, this agreement shall be binding upon and Inure to the heirs, successors and assigns of the parties hereto.
WAIVER OF RIGHTS: Failure to enforce any rights hereunder shall not waive any rights in respect of other or future occurrences.
SEVERABILITY: To the best knowledge and belief of the Parties, this Contract now contains no provision that is contrary to any Laws. In the event that any
provision of this Contract shall at any time contravene in whole or in part any applicable Law, then such provision shall remain in effect only to the extent permitted, and
the remaining provisions hereof shall remain in full force and effect.
22. JURISDICTION AND VENUE: It Is understood and agreed that each and every provision of this Contract, including any alleged breach thereof, shall be
interpreted In accordance with the laws of the state of Washington. Venue for all matters arising under this Contract shall be in Everett, Washington.
23. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between Owner and Contractor and contains everything agreed upon by the parties. This
Contract supersedes all earlier proposals, discussions, correspondence and oral agreements, if any, between Owner and Contractor.
WA Rev. 04/09 Page 2