03-061.00 Woody's Asphalt and Seal Coating: Sprague Ave Crack Sealing University to SullivanCITY
Spokane
,,;oOValley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhalt@spokanevattey.org
Memorandum
To: Dave Mercier, City Manager
Thru: Nina Regor. Deputy City Manager
From: Neil Kersten, Public Works Director
CC: Cary Driskell, Deputy City Attorney
Chris Bainbridge, City Clerk
Ken Thompson, Finance Director
Date: 9/16/2003
Ke: Sprague Ave. Crack Seal Proicct (University - Sullivan)
This work is intended to provide for the maintenance of Sprague Avenue - University Road to
Sullivan Road (see attached map) by cleaning and sealing of all cracks and joints 1/4" and greater in
width.
The project is approximately three (3) miles in length with an estimated 90,000 lineal feet of
cracksljoints needing scaled. The proposal shall be based per "lineal foot" of crack or joint repair.
Due to high traffic volumes the hours of work will be limited to Bpm - 6 am. Contract time shall
begin no later than 10 days after a contract is executed by both parties. A total of 10 working days
will be allowed for this project.
Funds for small construction projects for 2003 in the amount of $200,000.00 under Fund 101, Street Fund
line item "Contract Services", will accomplish this project. We received two (2) proposals from
contractors on our small works roster for this project with Woody's Asphalt and Seal Coating, Inc. being
the lowest bid for $33,078.60. We have currently executed two prior contracts under this Street Fund for
547,014.04. Including this contract a balance of $119,907.36 is left in this fund.
if approved this project is scheduled to begin on Monday September 22"d
We recommend approval of this project.
Enclosed please find for your signature:
• Contract signed by Woody's Asphalt and Seal Coating Inc. (2) Originals
A project description, bid proposals and a vicinity map are included. if you have any questions, please contact
myself or Shane Arlt.
CO3-61
AGREEMENT FOR CONSTRUCTION SERVICES
THIS AGREEMENT is made by and between the City of Spokane Valley, a code
City of the State of Washington, hereinafter "City" and Woody's Asphalt Seal Coating, Inc.,
hereinafter "Contractor", jointly referred to as "parties".
IN CONSIDERATION of the terms and conditions contained herein the parties
covenant and agree as follows:
I. Work to life Performed. The CONTRACTOR. shall do all work and furnish all
labor, tools, materials, supplies and equipment for the Sprague Avenue Crack Sealing Project
as set forth in the Scope of Work (hereinafter "work") in accordance with, and as described
in the Special Provisions for Cleaning and Scaling Cracks/.ioints, per Attachment `A', 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 CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal, per
Attachment `13' attached hereto, provide and bear the cost and expense of all work, of any
sort whatsoever that may be required for constructing and completing the work provided for
in the Contract Plans and Contract Documents, except those items mentioned therein to be
furnished 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 with 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.
3. Compensation. The City agrees to pay the Contractor a total of Thirty Three
Thousand Seventy Fight Dollars and Sixty Cents ($33,078.60), including applicable taxes
based on 90,000 lineal feet of cracks/joints needing sealed. A contingency amount of
$5,000.00 is hereby set aside for unforeseen changes that may occur during the execution
of this contract. Contingency fiends may only be used upon written authorization of the
Public Works Director.
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 Manager, to be noncompliant with the Contract Plans,
Contract Documents, or City or State standards.
5. Notice. Notice shall be given in writing as follows:
TO THE CiTY: TO THE CONTRACTOR:
Name: Ms Chris Bainbridge, City Clerk
Phone Number: (509) 92 1 -1000
Address: 11707 East Sprague Ave.
Suite 106
Spokane Valley, WA 99206
Name: Tom Wood
Phone Number: (509) 299-6254
Address: 28712 W. Tucker Prairie Rd
Edwall, WA 99008
6. Applicable i.,aws 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 solely within 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.
8. 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
$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 prior to the start of any work. 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.
10. Waiver. No officer, employee, agent, or other individual 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 nonperfonnance. All remedies afforded in this Agreement., or by law; shall be
2
taken ana cv strued as cumulative, and in addition to every a;,...:� 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 any time, 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 atTect 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 Attornevs' 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 amount
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 hump 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 -kickback. No officer or employee of the City, having the power or duty to
pertorm 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.
N WI'T'NESS WHEREOF, the parties have executed this Agreement this A� —ay of
.2003.
CITY OF SPOKAN-L VALLEY:
David Mercier, City Manager
CONTRACTOR:
-71
Owner,Woody's Asphalt Seal Coating, Inc
A' res,n APPROVE -1) AS TO FORM:
hris Bainbridge, City Clerk ary D skell, Dep City Attorney
Attachment `A'
CLEANTNTG AND SEA-l-VNG CRACKS/JOINTS
SPECIAL PROVISIONS
SCOPE OF WORK
This work is intended to provide for the improvement of Sprague Avenue - University
Road to Sullivan Road (see attached map) by cleaning and sealing of all cracks and joints
'/" and greater in width.
The project is approximately three (3) smiles in length with an estimated 90,000 lineal feet
of cracks/joints needing sealed. The quantity shown is for bidding purposes only and has
been approximated. Actual payment for the work will be determined by field
measurements of the work completed. Cracks and joints to be filled will be designated
by the Project Inspector/Engineer. All traffic control, lighting and night construction
precautions shall be included in the bid proposal. The proposal shall be based per `lineal
foot" of crack or joint repair.
Due to high traffic volumes hours of work shall be limited to bpm — b am. Contract time
shall begin 10 days after a contract is executed by both parties. A total of 10 working
days will be allowed for this project.
TRAFFIC CONTROL
Traffic control for the work specified in this contract shall be considered incidental to the
contract. All traffic control, lighting and protection including placement, removal,
material, labor and devices shall be as needed to provide a safe work place and maintain
quality work procedures. All traffic control devices and layout must comply with local
standards, including the Manual on U.nifonn Traffic Control Devices (MUTCD).
CLEAMNG AND SEAL]NG CRACKSMOINTS
1.0: SCOPE OF WORK
This item shall consist of cleaning and sealing joints and cracks in the pavement. This
work shall include the proper cleaning of all joints and cracks to be sealed and furnishing
and installing hot pour liquid crack sealer in accordance with these specifications.
2.0: MATERIALS
2.1: GENERAL:
Crack sealing material shall meet the requirements of this section and be approved by the
Project Inspector/Engineer prior to the initiation of construction.
2.2: HOT POUR LIQUID CRACK SEALER:
The hot pour liquid crack sealant shall be Crafco Superflex 533 or approved equal.
Storage, heating instructions acid cautions shall be supplied with each shipment. The
sealant must be able to be reheated to application temperature at least once after the
initial heat up without degradation of sealant specifications. The sealant shall have an
application life at application temperature up to 12 to 15 hours.
3.0: EOUIPINIENT
3.1: GENERAL:
All machines, tools and equipment used in the performance of the work required by these
specifications will be subject to the approval of the Project Inspector/Engineer and
maintained in a satisfactory working condition at all times.
3.2: JOWL' AND CRACK CLEANNG EQUIPMENT:
The joint and crack cleaning equipment shall be capable of thoroughly cleaning cracks
and joints to a minimum depth of 1" (25 nun). The vacuum unit shall be capable of air
routing hard to clean cracks and vacuuming dust and debris at the same time.
3.3: MEL -TER APPLICATION:
The melter applicator unit shall be a self-contained double boiler device with the
transnuttal of heat through a heat transfer oil. It must be equipped with an on board
automatic heat controlling device to permit the attainment of a predetermined
temperature, then, maintain that temperature as long as required. The unit shall also have
a means to vigorously and continuously agitate the sealant. -The sealant shall be applied to
the pavement under pressure supplied by a gear pump with a direct connecting applicator
tip. The pump shall have sufficient pressure to displace designated sealant at a rate of at
least three (3) gallons (11.4 L) per minute.
4.0: CONSTRUCTION METHODS
4.1: PiZEPARATION OF JO aNTS AND CRACKS:
All joints and cracks '/4" and greater in width shall be cleaned to a minimum depth of
(13 mm) to 1" (25 mm). No sealant material shall be placed until the joints and cracks
have been cleaned of all loose dirt, old material and are sufficiently dry.
Both side walls of the cracks and joints must be free of dust and debris to assure optimum
sealant adhesion.. The joints and cracks shall be inspected and approved by the Project
Inspector/Engineer prior to placing the crack sealant material.
Final joint and crack cleaning will be the same day as the sealing operation except as
otherwise approved by the Project Inspector/Engineer.
2
4.2: APPLlCAT10NT OF JOINT AND CRACK SEALING MATERIAL:
No sealant material shall be installed until joints and cracks to be sealed have been
inspected and approved by the Project Inspector/Engineer. Manufacturer's application
instruction shall be followed for the hot pour sealant which is specified in Paragraph 2.2.
The sealant material shall not be placed on any wet surface or when rain threatens. When
the atmosphere or pavement temperature is below 40°17 a heat lance shall be used to
warrn the pavement just prior to sealing operations. The pavement surface must be clean
and dry. The polymeric asphalt rubber sealant temperature, when applied, shall be in
accordance with the manufacturer's recom.niendations.
Joints and cracks shall be sealed with hot pour material as designated in Paragraph 2.2.
The sealant shall be applied in the crack or joint reservoir uniformly solid from bottom to
top and shall be filled without formation of entrapped air or voids. The sealant shall be
heated in accordance with the manufacturer's recommended procedures.
Many joints and cracks in concrete have weakened or spalled surfaces on the sides. In
those instances the crack or joint shall be slightly overfilled, then leveled with a 3"
sealing disk or v -shaped squeegee to create a neat band aid extending t 1" on each side
of the crack or joint for surface strength and waterproofing.
Where traffic may be likely to come in contact with the hot sealant before it cures, the
contractor shall spray Crafco Detack or approved equal over the hot sealant to prevent
material pickup on vehicle tires. An application rate of approximately one gallon of
Detack to fifty gallons of sealant shall be used.
4.3: PAVEMENT CLEANING:
Old material and other debris that result frons cleaning and sealing cracks shall be picked
up and disposed of prior to opening the pavement at the end of each work day.
5.0: METHOD OF NIEASURAUVi[EVT
Cleaning and sealing joints and cracks to be paid for shall be the actual number of lineal
feet of joints and cracks cleaned and sealed and accepted by the Project
Inspector/Engineer.
6.0: BASIS OF PAYMENT
Payment shall be per lineal foot of cleaning and sealing of cracks and joints in the
pavement. Price and payment shall constitute full compensation for all traffic control
protection, preparation and disposal of loose materials; and for the materials, labor,
equipment, tools, supervision and incidentals necessary to complete this project.
3
.-
�, ATTACHMENT 1,.-
,�812-'5 121�63 �2: �3 �w�,�5569�3=_-'
FPQ M
Proposal
W00DrS ASPHALT SEALCOAT, Inc.
28712 W, Tucker Prairie Rd.
F_d ail WA. 99()Q8 P— 1- I I
Phone. 509-299-6254 + Pax: 509-2 IG.4o
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wli paymenh to be made QS follows: Dollarz {$ I.
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Any ofrerafior, or deviafidn from a6c�va specificotcns involving oars cosfs, will be executed only upon writren or&rs, and will
became as exrru chnr�qe ower and ObOve the esrimpha6 All agnaemontx cwtln�r8nr upan ShAca, acci'dcnis or delays beycw,d our
c:nfrol. CXwnor to caffy fire, famoado and olhc!r n4cessary insuranea upon 06ov'e work, WcArrien's Compensorion and public
Licbillfy Insurpn[o ort obare work to be tck&n cv,t h,.
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ACCEPTANCE OF PROPOSAL
The above- plicas, speciii-iaoiions and conditions fire sarisfocfi�;y and aro furabY 0cc;e0c4 You aro aurlvrfzecl to do the work as
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Signufure
SignalurL,
WORrH STAR-
ENTERPRISES,
INC.
NORTHSE 094 D5
GENERALCONTRACTORS
BOX 607
LIBERTY LAKE, VVA 98019
Telephone 549-891-4892
FAX 509-922-3332
August 29, 2003
City of Spokane Valley
11707 E. Sprague Ave. Suite 1.06
Spokane Valley, WA 99206
Re: Sprague Avenue Crack Seal Project
Please find below our bid to perforin crack sealing on Sprague Avenue from Uaiversity
Rd. to Sullivan Road as per the plans and specifcatiorts submitted by your office dated
August 22, 2003.
.Price per L.F. @S0.55/f F
This quote includes the following:
Equipment, labor, materials, sales tax, and all traffic control requirements as per the
special provisions.
One addendum is acknowledged.
Davis Bacon Wages are included.
NORTH STAR F_.NTFRPRISES, INC.
C.L. Anderson, Pres.
2003 SPRAGUE AVENUE CRACK SEALING
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