03-056.00 Shamrock Paving: 35th & Pierce ImprovementsAGREEX ENT FOR CONSTRUCTION SERVICES
TMS AG12EEM-�:NI is made by and between the City of Spokane Valley, a code
City of the State of Washington, hereinafter "City" and Shamrock Paving Co., hereinafter
"Contractor", jointly referred to as "parties".
Ii\' CONSIDERATION of the terms and conditions contained herein the parties
covenant and agree as follows:
1. Work to Be Performed. The CONTRACTOR shall do all work and furnish all
labor, tools, materials, supplies and equipment for the 35th & Pierce Street Improvement
Project as set forth on Attachment "A"(hereinafter "work") in accordance with, and as
described in the (Contract Plans), and 2002 Standard Specifications for Road, Bridge and
Municipal Construction of the Washington State Department of Transportation (as amended
by WSDOT), and City -adopted Spokane County Standards for Road and Sewer
Construction, which are by this reference incorporated herein and made part hereof
("Contract Documents"), and shall perform any changes in the work in accord with the
Contract Documents.
The CONTTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached
{s hereto, provide and bear the cost and expense of all work, of any sort whatsoever that maybe "
required for constructing and completing the work provided for in the Contract Plans and
Contract Documents, except those items mentioned therein to be funiished by the City of
Spokane Valley.
The City Manager, or designee, shall administer and be the primary contact for
Contractor. Prior to commencement of work, Contractor shall exercise best efforts to
contact the City Manager or designee to review the scope of work, schedule, and time of
completion. Contractor shall receive the City's written authorization to proceed Aith the
work. Upon notice from the City, Contractor shall promptly commence work, complete
the same in a timely manner, and cure any failure in performance under this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with
the Contract Plans, Contract Documents, City and State standards. Contractor
acknowledges review of the Contract Plans and Contract Documents and accepts the
same.
2. Term of Contract. This Contract shall be in full force and effect upon execution of
this Agreement and shall remain in effect until thirty (30) days from the date of execution.
The City may terminate this Agreement by ten (10) days' written notice to the other party. In
the event of such termination, the City shall pay the Contractor for all work previously
authorized and satisfactorily performed prior to the termination date.
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J. Compensation. The City agrees to pay the Contractor a total not to exceed
Sixteen Thousand Two Hundred Forty ($1 6,240), plus applicable taxes.
4. Payment. The Contractor may elect to be paid in monthly installments, upon
presentation of an invoice to the City, or in a lump sum, upon completion of the work.
Applications for payment shall be sent to the City Clerk at the below -stated address.
The City reserves the right to withhold payment under this Agreement which is determined,
in the reasonable judgment of.'the City Administrator, to be noncompliant with the Contract
Flans, Contract Documents, or City or State standards.
Notice. Notice shall be given in writing as follows:
TO THE CITY:
Name: Ms Chris Bainbridge, City Clerk
Phone Number: (509) 921-1000
Address: 11707 East Sprague Ave.
Suite 106
Spokane Valley, WA 99206
TO THE CONTRACTOR.:
Name: SHAMROCK PAVINC COMPANY
Phone Number: 509-244-2800
'Mobil: 509-993-0815
Address: P.O. BOX 19263
SPOKANE, WA 99219
6. Applicable Laws and Standards. The parties, in the performance of this
Agreement, agree to comply with all applicable Federal, State and local laws, and City
ordinances and regulations. Contractor shall exercise best efforts, including the selection of
the highest quality materials so that all work performed shall be in compliance with current
related industry standards.
7. Relationship of the Parties. It is hereby understood, agreed and declared that the
Contractor shall be an independent Contractor, and not the agent or employee of the City,
that the City is interested in only the results to be achieved, and that the right to control the
particular manner, method and means in which the services are performed is solelyNvithin the
discretion of the Contractor. Any and all employees who provide services to the City under
this Agreement shall be deemed employees solely of the Contractor. The Contractor shall be
solely responsible for the conduct and actions of all employees under this Agreement and any
liability that may attach thereto.
3. Contractor to Be Licensed, Bonded and insured. The Contractor shall be duly
licensed and bonded by the State of Washington. Contractor shall purchase and maintain,
during the term of this Agreement, a comprehensive general liability policy in the amount of
S 1,000,000.00 per occurrence, with the City as an additional named insured. A copy of the
certificate shall be provided to the City. Contractor's insurer shall give notice of cancellation
of such insurance to the City.
9. Indemnification and Hold Harmless. Each party shall indemnify and hold the
other, its officers, employees, agents, and volunteers, harmless from, and against, any and all
claims, demands, orders, decrees, or judgments for injuries, death, or damage to any person
or property arising, or resulting, from any act or omission on the part of said party, or its
agents, employees or volunteers, in the performance of this Agreement.
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10. wa er. 1`�.�= . r� t7cer, employee, agent, or. other indN i�ud1 acting on behalf of either
party, has the power, right, or authority to waive any of the conditions or provisions of this
Agreement. No waiver in one instance shall be held to be waiver of any other subsequent
breach or nonperformance. All remedies afforded in this Agreement, or by law, shall be
taken and construed as cumulative, and in addition to every other remedy provided herein or
by law. Failure of either party to enforce, at any time, any of the provisions of this
Agreement, or to require, at anytime, performance by the other party of any provision hereof,
shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity
of this Agreement, or any part thereof.
11. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or
all of the responsibilities of this Agreement, or the benefits received hereunder, without first
obtaining the written consent of the other party.
12. Jurisdiction and Venue. This Contract is entered into in Spokane County,
Washington. Venue shall be in Spokane County, State of. Washington.
13. Cost and Attorneys' Fees. In the event a lawsuit is brought with respect to this
Agreement, the prevailing party shall be awarded its costs and attorneys' fees, in the a.lnoiult
to be determined by the Court as reasonable. Unless provided otherwise by statute,
Contractor's attorneys' fees payable by the City shall not exceed the lump sum amount of
this Agreement.
14. Entire Agreement. This written Agreement constitutes the entire and complete
agreement between the parties, and supercedes any prior oral or written agreements. This
Agreement may not be changed, modified, or altered, except in writing and signed by the
parties hereto.
15. Anti-Mckback. No officer or employee of the City, having the power or duty to
perform an official act or action related to this Agreement, shall have, or acquire, any interest
in this Agreement, or have solicited, accepted, or granted, a present or future gift, favor,
service, or other thing of value from any person with an interest in this Agreement.
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Lv WITNESS NVHFIZE:OF, the parties have executed this Agreement this 5TH day of
AUGUST 2003.
CITY OF SPOKA "E VALLEY:
CONTRACTOR:
David Mercier, City imanager Owner WILLIMIT T `TURP - VT E PRESIDENT
ATTEST: APPROVED AS TO FORINT:
Clerk L Dridgell, Deputy Uty Attorney
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ATTACH-NIEN IT A
PROJECT DESCl71_PTION
35TH & PlE:i. CE STREET l M=>F':ROVENIENT PROJECT
This project consists of widening the existing pavement to the West on Pierce Road
between 35a' Avenue and 37th Avenue.
This work consists of weedkill, the excavation of existing material, sawcuwng the edge
of the existing asphalt, placing 6" of crushed rock and paving 2" of asphalt. This will
provide an additional width of 12' with transition tapers across the property in order to
provide a more safe travel way for the public.
The proposed cost of this project is $16,240:
SPECIFICATIONS
Specifications for this project are comprised of the following three components:
I. The "2002 Standard Specifications for Road, Bridge and Municipal
ConstructionY` as promulgated jointly by the•Washingtion State Department of
Transportation (NVSDOT) and the American. Public -Works Association
(APWA), Washington State Chapter, referred to as the "Standard
Specifications The APWA Supplement will apply to this contract
2. WSDOT Amendments to the "Standard Specifications".
3. Spokane County Standards for Road & Sewer Construction.
F� F�
SHAMROCK PAVING CO.
A DIVISION OF MURPHY BROS., INC.
N. 110 HAYFORD ROAD
P.O. BOX 19263
SPOKANE, WA 99219-9263
(509) 244-2800
FAX (509) 244-2949
April 28, 2003
City of Spokane Valley
11707 E. Sprague, Suite 106
Spokane, WA. 99206
RE: Miscellaneous Paving Projects
Dear Robert:
APR 3 p M3
City Of Spokane Valley
G
Thornton C. Murphy
William O. Murphy
Contractors Reg #
SHAMRPC099LM
Please accept the following information as a formal written quote for the above
referenced project:
FOURTH & STEEN: We will excavate, fine grade and compact existing crushed rock,
sawcut existing asphalt at each end of project and pave with 2" asphalt for the sum of
$20,185.00.
Area measures approximately 2,252 S.Y. with 20' road width.
ALTERNATE: We will excavate approximately 4" of existing material, place 2" of
new crushed rock, sawcut existing asphalt at each end of project and pave with 2" asphalt
for the stun of $29,625.00..
Same area as above.
35""' & PIERCE: We will excavate existing material, sawcut entire edge of existing
asphalt, place 6" crushed rock and pave with 2" asphalt for the stun of $16,140.00.
Area measures approximately 574 S.Y. with 12' asphalt being the widest area at the
north end and tapering down to sero feet at the south end. �0 00-
1Gr weedIc-lZI
EXCLUSIONS: Underground drainage installation. ,126p-
Asphalt extruded curb for drainage.
Fence removal(3)5h & Pierce).
Weedkill.
Asphalt driveway connections.
Permits.
Sales tax.
if you require any further information, please call
Sincerely,
Chuck Green. Estimator