03-063.00 Woody's Asphalt and Seal Coating: Euclid Ave Crack SealingAGREEMENT FOR CONSTRUC`C'ION SERVICES
TRIS AG REEN11 NT 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".
ii I CONSWERATION of the terms and conditions contained herein the parties
covenant and agree as follows:
Work to Be Performed. The CONTRACTOR shall do all work and furnish all
labor, tools, materials, supplies and equipment for the Euclid Avenue Crack Scaling Project
as set forth in the Scope of Work (hereinafter "work") in accordance with, and as described
in the Special Provisions for Cleaning and Sealing Cracks/Joints, 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 maimer, and cure any failure in performance under this agreement.
Unless othetivise 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 Eight Thousand
Six Hundred Forty Eight Dollars ($8,648.00), including taxes based on 16,000 lineal feet
of cracks/joints needing sealed. A contingency amount of $2,000.00 is hereby set aside
for unforeseen changes that may occur during the execution of this contract. Contingency
funds may ordy be used upon written authorization of the Public Works Director.
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4. Pavment. The Contractor may elect to be paid in monthly installments, upon
presentation of an invoice to the City, or in a lurnp 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) 921-1000
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 99005
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 solelywithin 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
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 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, harnnless 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 nonperformance. All remedies afforded in this Agreement, or by law, shall be
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taken and construe' -1--- 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
Age cement, 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 o f 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 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 lump sum amount of
this Agreement.
14. Entire Aereement. 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-Idckback. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement this' t ay of
2003.
CiTY OF SPOKANE VALLEY:
Da -6d Mercier, (Flty Manager
U
14-, /
Chris Bainbridge, City Clerk
CONTRACTOR:
Owner,Woody's Asphalt Seal Coating, laic
APPROVED AS TO FORM:
ary D skell, Deputy rty Attorney
Attachment `A'
EUCLm AVENUE
CLEAM]NG AND SEALING CRACKS/JOINTS
SPECIAL. PROVISIONS
SCOPE OF WORK
This work is intended to provide for the improvement of Euclid Avenue — Sullivan Road
to Flora Road (see attached map) by cleaning and sealing of all cracks and joints ''A" and
greater in. width.
The project is approximately one (1) mile in length with an estimated 16,000 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. The proposal shall be based per "lineal foot" of crack
or joint repair.
Contract time shall begin ten (10) days after a contract is executed by both parties. A
total of five (5) working days Krill be allowed for this project.
TRAFFIC CONTROL
Tral•.fic control for the work specified in this contract shall be considered incidental to the
contract. All traffic control, 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 Uniform Traffic Control Devices (MUTCD).
CLEANING AND SEALYNG CRACKSUOINTS
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 and cautions shall be supplied with each shipment. The
sealant must ue able-\_ ;be reheated to application temperaf, ,at least o.__, 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: EOUIPMENT
3.1: GENTERAL:
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: JOINT AND CRACK CLEAMING EQUIPMENT:
The joint and crack cleaning equipment shall be capable of thoroughly cleaning cracks
and joints to a minimum depth of 1" (25 mm).
3.3: MELTER APPLICATION:
The molter applicator unit shall be a self-contained double boiler device with the
transmittal 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 (1.1..4 L) per minute.
4.0: CONSTRUCTION ME144ODS
4.1: PREPARATION OF JOiNTS AND CRACKS:
All joints and cracks V4" and greater in width shall be cleaned to a minimum depth of 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.
4.2: APPLICATION OF JOINT AND CRACK SEALING MATERIAL:
No sealant material shall be installed until joints and cracks to be scaled have been
inspected and approved by the Project InspectorfEngineer. 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 407 a heat lance shall be used to
warm the pavement just prior to sealing operations. The pavement surface must be clean
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� polytr.� asphalt rubber sealant temperature,. ,'gin appliee., ,hall be in
and dry. 7`ly
accordance with the manufacturer's recommendations.
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 contract 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 from 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 MEASUREMENT
Cleaning and sealing joints and cracks to be paid for shall he 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 mobilization, traffic
control, preparation and disposal of loose materials; and for the materials, labor,
equipment, tools, supervision and incidentals necessary to complete this project.
C
ATTACHMENT P
Proposal Proposal No.
FROM WOODY'S ASPHALT SEALCOAT, Inc. Sheet No.
28712 W. Tucker Prairie Rd.
Edwall VVA 99008 _ 6R t Date
P%i
Phone: 509-299-6254 • Fax: 509-2 RW- L= %b3
Email: woodyseall aas.com y
Proposal Submitted To Work To Bo Performed At
tvame _
SgArs Ar "-r CA AWA FUCL-I0 NV6— SckLUU&A -�o RoQ-Ac
Date of Plans
state Arch iced
Telepbono number 1 b
We hereby propose to famish all the materiol,,,�Qnd perform a I the labor necessary for the completion of
-- - *1=i,.itire.
All material is guaranteed to be as specified, and the above word to 6e performed in accordance with the dro wings
and specifications submitted for obovo work and completed in a substantial workmonlike manner for the sum of
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with payments to be made as follows: Dollars ($ � S/ l t (Q �
Any ollorolion or deviation from above specifications involving extra costs, will be executed only upon written orders, and will
become an extra chorga over and o6ove the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. Owner to carry fire, tornado and other necessary insurance upon above work. Workman's Compensation and Public
liability Insurance on above wort. 6, be tow out L.–
Res.
Per
Note — This proposal may be withdraHm by us it not oc vpted wilhin days
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are so-tisfactory and are hereby accepted. You are authorized to do the work as
saecfl ed. Payment will be matte as outlined above.
AccVtt:d 5ignatura
Dote Signature
hinting, tnc. • (509) 328-9344
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