HomeMy WebLinkAboutAgreements/Contracts - BOCC (003)TMS CONTRACT ("Contrast'"), entered into by and between GRANT COUNTY, duly
organized and operating 'under and by virtue of the Constitution and the laws of the State of
Washington, ("County"), and Concrete Coatings Repair and a Corporation duly
formed and doing business M' the State of Washington ("Contractor").
in consideration of the Mutual promises and covenants contained herein, the parties hereto
agree as follows:
Work of Contract/ScoVe of Work.
The requirements of this Project FM2203, Grant County Historic Courthouse Stairway Repair and Sealing,
are as follows.
Scope: Grant County Project FM2203's scope is to repair, slope seal and coat the main stairway on the C
Street side of the building. At the completion of the project the stairway will be without open cracks, sealed to
prevent water infiltration, and will have a nonslip texture with a color scheme to match the existing historic
architecture. The contractor shall be responsible for removal of the existing coatings on the steps by grinding
or shot blasting, repair damaged steps, slope the steps for proper draining, caulking of existing cracks, add
nonskid classic texture system, add moisture barrier, repair failing concrete under the stairs and seal coat for
extended life. A two year warranty on materials and workmanship is provided by the Contractor,
The contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else is
necessary to accomplish the following:
0 Contractor shall be responsible for demolition, procurement, shipping and transportation, installation
and disposal of all project related PPE, materials, and equipment.
0 Removal of existing coating materials on the main stairway to the historic courthouse.
6 Repair individual steps as needed.
0 Sloping steps as needed for proper drainage.
Sealing and caulking of existing cracks.
Application of vapor barrier system.
Repair and seating damage of concrete in the room under the stairway.
Application of colored seal coat to extend the life of the product.
Contractor shall provide barricades, tape or other methods to effectively notify employees and
customers of hazards and or prevent access to areas the project work is being executed.
Contractor shall be responsible for the removal and disposal of all waste generated by the project.
Associated waste disposal costs are the responsibility of the contractor.
Contractor shall cleanup of all areas affected by work related to job.
Successful contractor will coordinate with project manager regarding when and the time needed to
complete demolition and construction to allow safe access for customers and employees.
Containersto properly store and haul all job-related materials, solid and liquid, for disposal.
MSDS are to be provided and available by the contractor upon demand and on site for any
chemicals brought on site,,
The term "work" shall mean all work individual.ty and/or collectively perfonned by the. Contracto..°
during the project.
F 220 historic Courthouse
Stairway.Repair
1. ProiectSites. The work ha.11 be accomplished -upon the real property commonly known and
s1twated on or about The Historic Courthouse at 35 C St NW in Ephrata, Washington.
2. Date of Commencement and Date of ComDletion. The Contractor shall commence the -work,
described herein upon receiving notice to proceed from the County. Substantial completion ofthe
work shall occur on or before June 15, 2022 or at such other time as may be mutually agreed upon
by the parties. In any event, Contractor shall not commence construction, until notice to proceed has
been provided by the County. The Contractor shall obtain all necessary permits prior to the
commencement of any work.
3. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in
Para.gra;ph 14, and with payment of such Contract Sum subject to provisions set forth below in
Paragraphs 9 and 12, and/or any other provision contained within the Contract which may affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal $47,800.00
Wasbington State Sales Tax $4,01 5.20
Total $51,81.5.20
R
2,90.00etain e
The Contract sum shall 'be $51,815.20 including all applicable taxes any additional costs resulting
from jurisdictional requirements maintained by an. additional authority; permit costs as needed; and,
all materials and/or labor to complete the scope of work described herein is the responsibility of the
Contractor.
5% retainage is required as are intents and affidavits to Washington State Labor and 'Industries,
Contract is over $35,000 and will be require a notice of completion to be filed and approved with
L before releasing retainage.
Contractor shall submit a single billing statement and/or invoice to the County at the completion. of
the project. Such billing statement and/or invoice shall set out the nature of work perfonned, as well
as the drile and materials involved in such work or percentage of wo,,tk cortipleted asruutually agreed,
upon by the Contractor and the County. The County will pay such statement and/or invoice within
thirty (3 0) days of recei.Pt.
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4. Performance and PUM t Bonds: Required for this prof ec .
5. Retaingae: Required for this project.
6, [ndemLifty and Hold Hann.less. The Contractor shall defend, indemnify and hold the County,
its officers, officials,, enmloyees and. volunteers harmless from any and all claims, in hu damages,
losses or suits, including attorney fees, arising out of or in comiection with the performance of the
contract, except for injuries and damages caused by the sole negligence of the County.
It is further specifically and expressly understood that the indemnification provided herein
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constitutes the Contractor's waiver of immunity -under Industrial Insurance, title 51 RCC, solely for
FM2203 Historic Courthouse
Stairway'Repair
the purposes of indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration of termination of this contract.
7. Insurance. The Contractor shall procure and maintain for the duration of this contract
insurance 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,,
employees or subcontractors. The Contractor shall provide a, Certification of Insurance evidencing:
Automobile f,iabi.l.it insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
Commercial General LiaWlityinsurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $ 1,000,000 aggregate
for personal injury, bodily injury and property damage. Coverage shall include but
not be limited to: blanket contractual, products/competed operations; broad form.
property damage; explosion, collapse and underground (XCU) if applicable; and
employer's liability.
Worker's Coniensation insurance at the limits established. by the State of
Washington.
Any payment of deductible or self-insured retention shall, be the sole responsibility ofthe Contractor.
The County shall be named as an additional insured on the insurance policy, as respects work
performed by or on. behalf of the Contractor and a copy of the endorsement naming the county as
additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall
.be primary insurance with respect the County and the County shall be given thirty (30) days prior
written notice of any cancellation, suspension or material. change in. coverage.
8. pa merits Withheld. The County may withhold or, on account of subsequently discovered
evidence, nullify the whole or part of any payment to such extent as may be necessaty to protect
County from loss or damage for reasons including but not limited toe
* Wodc not in accordance with the Contract;
* Reasonable evidence that the work required. by -the Contract cannot be completed for
the unpaid balance of the contract sum;
* 'Worl( by the County to correct defective work or complete thework,.
* Failure by the Contractor to perform in accordance with the Contract or
* Cost or liability that may occur to the County as the result of Contractor's fa Ldt or
negligent acts or omissions.
PROVIDED: In any case where part or all of a payment is going to be withheldfor unsatisfactory
performance, the County shall notify Contractor in accordance with RCW39.76.01 I (b).
FM2203 Histwic Courthouse
Stairway Repair
9. Auth2ritv of C 0 If the Contractor fails to perform the work according to requirements
of the Contract Document, the County shall provide written notice of the deficiency to the Contractor
and Contractor shall have seven day's to correct the deficiency in the work. If the Contractor -fails to
correct the deficiency in the work within the seven day period or to take aii.d continue all appropriate
steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven,
day period, the County may, without prejudice to other rem.ed"es, (a) use County forces, other
contractors, or other means to make good the Contractor's deficiency and (b) deduct from the
Contractor's payments the cost of such effort.
.10. Warrqqty
y_of Construction. In addition to any special warranties provided elsewhere in the
Contract 'Document and/or companion or applicable documents, the Contractor warrants that all
work conforms to the requirements of the Contract and is free of any defect in equipment, material,
or design farnished, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed or materials furnished
according to the Contract, and/or companion or applicable documents, the Contractor shall:
* Obtain all warranties that would be given. in normal commercial practice,
* Require all warranties to be executed, in writing, for the benefit of the County; and
& Enforce all warranties for the beneflit of the County, if directed by the County, including
any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period
sped in the Contract.
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The obligations under this Section shall survive completion.,,
11. Successors and .Assigns. The County and, Contractor respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other patty hereto and toP artners,
successors, assigns and legal, representatives of such other party in respect to covenants, agreements,,
and obligations contained in the Contract. Neither party shall assign the work without written
consent of the other. If either party attempts to make such can assign: mr ent without such consent, that
party shall. nevertheless remain legally responsible for all obligations set forth in the Contract,
12. Ch as in Work. The County may, at any time and without notice to Contractor's surety,
order additions, deletions, revisions, or other changes in the work. These changes in the work shall
be incorporated, into the Contract Document through the execution of Change OrdersAf any change
in, the work ordered by County causes an increase or decrease in. the Contract S -Lim or the tin -le of
perBormance, an equitable adjustment shall be made, and such adjustments(s) shall be incorporated
into a Change Order.
If the County desires to order a change in -the work, it may request a written Change Order proposal
from Contractor. Contractor shall submit a Change Order pr*oposal within 14 days of the request
from the County, or within such other period as mutually agreed. Contractor's Change Order
FM2203 Histwic Courthouse
Stairway Repair
6
proposal shall include full compensation for implementing the proposed change m the work,
-Including any adjustment in the contract sum or time of performance, and including compensation.
for all delays in connection, with such change in the work and for any expense or inconvenience,
disruption of schedule, or loss of efficiency or productivity occasioned by the change in the work.
Upon receipt ofthe Change Order proposal, or a request for equitable adjustment in the contract sum
or time of performance, or both, the County may accept or reject the proposal, request further
documentation, or negotiate acceptable terms with Contractor. Pending agreement on. the te=s of
the Change Order, the County may direct Contractor to proceed immediately with the Change Order
work. Contractor shall not proceed with any change in -the work until it has obtained the County's
approval. All work done pursuant to any County -directed change in the work shall be executed in
accordance with the Contract.
13. No AQenc V, Rolatilonshi,t). Noither the Contract nor any agreement in pficd therefrom,
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the relationship ofthe Contractor to the County by reason ofthe Contract Doctime nt
shal 1, 'be that of an 'Independent contractor. The Contractor is not granted any express or implied right
or authority to assume or create any obligation. or responsibility on behalf of or in the name ofthe
Count ortobindtheCounty'
y in anymanner or thing whatsoever.
1.4. Clean_,�. Contractor shall at all times, keep the project site, including hauling routes,
infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before
completing the work, Contractor shall remove from the premises its rubbish, tools, scaffolding,
equipment, and tnateriats. Upon completing the work, Contractor shall leave the project site in. a
clean, neat, and orderly condition satisfactory- to the County. Tf Contractor fails to clean tip as
provided herein, and after reasonable notice from the County, the County may do so and the cost
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thereof shall be charged to Contractor.
15. Survival. in the event any clause or provision of this Contract shall be held to be invalid,
then. the remaining clauses and provisions shall nevertheless be and. remain in full force and effect.
16, Entire Agreement. The Contract embodies the entire agreement between the parties, alt other
agreements, oral or written, are hereby merged into and Superseded by the Contract. There are no
other agreements which. modify, or affect the terms hereof. No amendment hereto shall be binding
-unless the terms thereof are in writing signed by both parties. Time is ofthe essence. No verbal or
other agreements modify or affect the Contract.
17.Ei x.I=, f D
p tion oocuments. The Contract been fully reviewed by the Contractor. The
Contractor has had the opportunity to consult with legal. counsel as to the legal effect of the Contract,
18. Notices. All notices which may be required pursuant to the tenns hereof are to be in writing
and delivered personally to the party to receive the same or mailed by regular mail,postage prepaid
to the address specified adjacent to the parties' signatures. All notices sball. be deemed. served up, on
deliver thereof or three (3) days follow* deposit ofthe notice inthe U.S. mails as requiredherein.
y following p
FM2203 Historic Courthouse
Stairway Repair
19. Headings, Constructio o
.n. The headings of the sections and paragraphs are inserted solely for
the convenience of the parties and are not a part of and are not intended to govern, limit or aid in the
construction of any term or provision hereof. In construing the parties' intent with regard to this
contract, no greater or stricter construction. of any term or pro -vision hereof shall be asserted against
the County as drafter.
20. Disputes, AttoMeys'Fees. In any controversy, claim. or dispute arising out of, or relating to,
this contract or the method and manner of performance thereof or the breach thereof, the prevailing
party shall be entitled to be awarded its reasonable attorney's fees in addition to such other damages
as are appropriate. Ifneither party wholly prevails, the party that substantially prevails, shall be
awarded its reasonable attorneys' fees as litigation expenses. For the purposes of this provision, the
terms "proceeding" and "litigation." shall inctude arbitration, administrative, bankruptcy, andjudicial
proceedings, including ap
. peals therefrom. For purposes of this contract, the actual attorneys' ces
incurred shall be deemed "reasonable".
21. GoveMing Law, Venue. The Performance and interpretation of the Contract Document shall
'be govem.ed and interpreted in accordance with the laws of the State of Washington. Any litigation
arising out of or in connection with this Contract shall be conducted in Grant County, Washington.
FM2203 Histwic Courthouse
Stairway Repair
Dated the of JqC46l-"
CONTRACTOR:
Coneret -I Coatin Repair and Restoration
By:
License No. CONCRCR816M3
UBI No. 604472-873
Dated the of 20220
BOARD OF COUNTY COMMISSIONERS
GRANT COUNT'Yj WASHINGTON
Dann v E/Stonel BOC -G, hair
Ro -06 r
OL
.<T
T -�ST: Cindy Carter,, Member '
'n
.oarVar, J. Vasquez
of
Cle'. f the Board'
Approved as to fio.-nn:
B
KevinJcCrarele
DaPtA-T Prosecuting Attol-ney
:.Date;
Date:
FM2203 Historic Coy thouse
Stairway Repair