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HomeMy WebLinkAboutAgreements/Contracts - Fairgrounds (002)CONTRACT THIS CONTRACT ("Contract"), 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 Right Choice Painting and Ribellia Mobile Blasting, corporation s duly formed and doing business in the State of Washington ("Contractor"). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Work of Contract/Scope of Work. The Contractors shall do all work and furnish all tools, materials, equipment, and things of every description, necessary to complete the following tasks and scope of work as per the request for bids, for the Grant County Fairgrounds Water Tank Renovation Proj ect. Contractor will be responsible to: 1. Media Blast entire tank, not including concrete footings 2. Paint in some type of rust preventative epoxy 3. Paint the tank white with some type of epoxy Contractor shall leave the project site in a clean condition with all debris recovered and removed. The term "work" shall mean all work individually and/or collectively performed by the Contractor during the project. 2. Project Site. The work shall be accomplished upon the real property commonly known as and situated on or about 3953 Airway Dr. NE (County Fairgrounds) Moses Lake, Washington, or as may be more specifically directed at the sole discretion of the County. 3. Date of Commencement, Date of Completion and Bond. The Contractor shall commence the work described herein upon receiving notice to proceed from the County. Substantial completion of the work shall occur 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/bonds prior to the commencement of any work. 4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in Paragraph 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 1 $15,357.50 Rodeo Water Tank Renovation — Page 1 Washington State Sales Tax @ 8.2% $19259.31 Total $169616.81 Retainage 5% of Subtotal $Not required The Contract sum shall be Fifteen thousand, three hundred and fifty-seven, and 50 cents plus all applicable taxes (sales tax at 8.2% percent or one thousand, two hundred and fifty-nine dollars and 31 cents.) 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 are the responsibility of the Contractor. Retainage is not required. Contractor shall submit a monthly billing statement and/or invoice to the County. Such billing statement and/or invoice shall set out the nature of work performed, as well as the time and materials involved in such work or percentage of work completed as mutually agreed upon by the Contractor and the County. The County will pay such statement and/or invoice within thirty (30) days of receipt. 5. Performance and Payment Bonds: Not required for this project. 6. Retainage: Not required for this project. 7. Indemnity and Hold Harmless. The Contractor shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection 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 constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW, solely for 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. 8. 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: a Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liability insurance 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 Rodeo Water Tank Renovation — Page 2 applicable; and employer's liability. C. Worker's Compensation insurance at the limits established by the State of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the 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. 9. Payments 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 necessary to protect County from loss or damage for reasons including but not limited to: a Work not in accordance with the Contract; b. Reasonable evidence that the work required by the Contract cannot be completed for the unpaid balance of the contract sum; c. Work by the County to correct defective work or complete the work; d. Failure by the Contractor to perform in accordance with the Contract; or e. Cost or liability that may occur to the County as the result of Contractor's fault or negligent acts or omissions. PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory performance, the County shall notify Contractor in accordance with RCW 39.76.011(b). 10. Authority of County. 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 days 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 and 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 remedies, (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. 11. Warranty 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, Rodeo Water Tank Renovation — Page 3 material, or design furnished, 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: a Obtain all warranties that would be given in normal commercial practice; b. Require all warranties to be executed, in writing, for the benefit of the County; and c. Enforce all warranties for the benefit of the County, if directed by the County, including any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period specified in the Contract. d. The obligations under this Section shall survive completion. 12. Successors and Assigns. The County and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners, 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 an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations set forth in the Contract. 13. Changes 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 Orders. If any change in the work ordered by County causes an increase or decrease in the Contract Sum or the time of performance, 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 proposal within 14 days of the request from the County, or within such other period as mutually agreed. Contractor's Change Order proposal shall include full compensation for implementing the proposed change in 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 of the 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 terms 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. 14. No Agency Relationship . Neither the Contract, nor any agreement implied therefrom, Rodeo Water Tank Renovation — Page 4 constitutes the Contractor as an agent or legal representative of the County for any purpose whatsoever, and the relationship of the Contractor to the County by reason of the Contract Document shall 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 o f the County or to bind the County in any manner or thing whatsoever. 15. Clean Up. 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 materials. Upon completing the Work, Contractor shall leave the project site in a clean, neat, and orderly condition satisfactory to the County. If Contractor fails to clean up as provided herein, and after reasonable notice from the County, the County may do so and the cost thereof shall be charged to Contractor. 16. 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. 17. Entire Agreement. The Contract embodies the entire agreement between the parties, all 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 of the essence. No verbal or other agreements modify or affect the Contract. 18. Explanation of Documents. 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. 19. Notices. All notices which may be required pursuant to the terms 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 shall be deemed served upon delivery thereof or three (3) days following deposit of the notice in the U.S. mails as required herein. 20. Headings, Construction. 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 provision hereof shall be asserted against the County as drafter. 21. Disputes, Attorneys' 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. If neither party wholly prevails, the party that substantially Rodeo Water Tank Renovation — Page 5 prevails, shall be awarded its reasonable attomeysfees as liti- ation e , - s. For th 9 xpense e purposes of this provision, the ten -ns "proceeding" and "litigationt,tration ad shall include arbi Mill*strativei, bankruptcy, andjudicial proceedings, including appeals therefrom. For PUIToyes of this contract the act-Lial attorneys' fees ifficurred shall be deemed "reasonable". 22, Governing Law, Venue. The performance and interpretation of the Contract Document shall be governed and 'interpreted in accordance with the laws of the State of Washington. Any * litigation ansing out of or in connection with this Contract shall be conducted in Grant Qounty, Washington. Dated the of CONTRACTOR: Right Choice Painting 2590 Valley Road Moses Lake WA, 98837 By IIl 6 Bottorff, PrQsl' License Na. RIG HTC 898NW Usz No. 603425-022 Dated the —of IMA4� ATTEST: Barbara J. Vasquez Clerk of the Board Approved as to forni-, Rodeo Water Tank Renovation — Page 6 2021, CONTRACTOR, Ribella Mobile Blasting :112518 Rd 12 NE Mos V-alke, WA. 98,837Y By v4d Caleb Ribella, Owner License No. RIBELMB835DW UBI Nt3.605-0&9-241. Cindy Carter, Chair o ° © ° 6 C9 M Robert Jones, Member M0 Danny Stone, Member 1 By Deputy `Prosecuting Attorney Date: ., Rodeo Water Tank Renovation — Page 7