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Home My WebLink About2019-04-15 - Central Paving LLC - General Agreements / General Service Agreements - 2018-08CD-1 CITY OF EAST WENATCHEE PUBLIC WORKS AGREEMENT FOR 2019 Residential Overlay Contract No. 2018-08 Contractor; Central Paving, LLC This Agreement is entered into by and between the CITY OF EAST WENATCHEE, WASHINGTON, a municipal corporation hereinafter referred to as "City," and Central Paving, LLC, a Washington corporation, hereinafter referred to as "Contractor." This Agreement incorporates all Contract Documents as set forth in Section 14 of this Agreement. WHEREAS, the City desires to have certain roadway improvements constructed for its citizens; and WHEREAS, the City has selected the Contractor to construct the roadway improvements identified herein; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, to be kept, performed, and fulfilled by the respective parties hereto, and other valuable consideration, it is mutually agreed as follows: 1. Scone of Work. The Contractor shall perform the Work outlined in the Contract Documents. In performing this Work, the Contractor shall at all times comply with all federal, state, and local laws and regulations applicable to the project. The Contractor shall perform Work diligently and completely. Time is of the essence in the performance of the Work. 2. Compensation. The City shall pay Contractor according to Section 1-09.9 of the Contract Documents specifications and according to the rates set forth in the Bid Proposal dated 03/11/2019. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Bid Proposal according to the Contract Documents as to time, manner, and condition of payment. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing upon execution by the last Party to sign this Agreement. The Work shall be completed within time specified in the Bid Proposal. 4. Prevailing Wages; Retainage. Prevailing Wages and Retainage are addressed in the Contract Documents. 5. Independent Contractor. a. The Contractor and the City agree that the Contractor is an independent contractor with respect to the work provided pursuant to this Agreement. The Contractor will solely be responsible for its acts and for the acts of its agents, employees, subcontractors, or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. b. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Contractor or any employee of the Contractor. CD-2 6. Bonding. Upon execution of this contract, as required by RCW 39.08, the Contractor shall furnish a payment and performance bond in the full amount of the contract price, plus state sales tax, which shall guarantee the faithful performance of the contract and the payment of all State of Washington agencies as required by Ch. 60.28 RCW as well as all laborers, mechanics, subcontractors, and material men and all persons who supply them with provisions and supplies for carrying out the work under this contract. These performance and payment bonds shall be furnished by a corporate surety company authorized to do business in the State of Washington, in a company acceptable to the City and on the form attached hereto. The bond must specify that the surety agrees to be bound by the laws of the State of Washington and be subject to jurisdiction of the state of Washington, and to venue in Douglas County, Washington. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance as required in the Special Provisions 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, or employees. The requirements of this Section shall survive termination of this Agreement 8. Successors and Assigns. Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties, or interests accruing from this Agreement without the written consent of the other. 9. Discrimination Prohibited. The Contractor shall not discriminate against any employee or applicant for employment, or any person seeking the services of the Contractor under this Agreement, because of sex, age, race, color, religion, creed, national origin, marital status, sexual orientation, or the presence of any sensory, mental, or physical disability, unless based upon a bona fide occupational qualification. 10. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given according to Section 1-05.15 of the Special Provisions. All notices shall be effective upon the date of receipt. To the City: City of East Wenatchee Tom Wachholder, Project Development Manager 271 Ninth Street NE East Wenatchee, WA 98802 509-884-1829; fax: 509-886-6113 To the Contractor: Central Paving, LLC Joel Crreear, Managing Member PO Box 599, Ellensburg, WA 98926 509-929-1044 11. Applicable Law; Venue; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in Douglas County, Washington. The substantially prevailing party CD-3 in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment 12. General Administration and Management. The manager of this Agreement shall be Tom Wachholder, Project Development Manager, with the Public Works Department or his/her designee 13. Severability. Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and the Contractor, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as reasonably possible to expressing the intention of the stricken provision. 14. Contract Documents. The Contract Documents (see definition of Contract in Standard Specifications for Road, Bridge, and Municipal Construction 2018), set forth the terms of the contract between the City and the Contractor, and are entered into by the acceptance of the Contractor's bid and the signing of this Public Works Agreement. The Contract Documents also consist of all Appendices attached hereto and all modifications or changes issued pursuant to the Contract Documents. There are no Contract Documents other than those above listed. The Contract Documents may only be amended by Change Order as provided in the Contract Provisions. CITY OF EAST WENA By: -171 Mayor Date: Z4' 15 -- 2b 19 Attest: -In Carl t-- l7[fTIO- t-, City Clerk IT as to fo r City Attorney Authorizing Resolution No. Central Paving, LLC s By: ��' 6,e..e� Title: A�±vhsl`1c bar/ Date:'%