HomeMy WebLinkAboutRequest for Proposal - FairgroundsThursday, 3/11 2021
.
To: Board of County Commissioners
FU.57�1� a
C � -60,
Gr-,qrlt County F-airg
't,ot , trids
39[53 Air%ray Dr NE
Moses Lake. NVA 98837` -1029
(1909) 765,-3581 Pa' : (5
09) 766-7.9
w-_40
Dated this day of
20
Board ofCounly Comnniss'o-
i i ners
Grant County. Washington
&P–ro—ve U Lis u)- I Li �g v e A b. _-sta i g
Dist #I Dim 4 1 Dist # I
Dist #2 Dist #2 D'st #2
I
Dist #3 Dist 43 Dist PB
9 zIt
Re: Consent to enter into contract for Renovation of
Water Tank
Per the a' p*proVed Capital budg* F"t for 20211 am requ'esting authorization to enter into a contract
with Right Choice Painting and' ibellia Mobile Blasting to media blast and paint the Water Tan . k
in the Rodeo Grounds. The lonte qualified bid came in at,$16,,616.81 with an approved budget of
$7,500, 1 have the additional ,$� 116.81 from the Noble Installation for Barn -39 replacement.
j J!
You will receive a contract for your signatures by the consent
meeting, The contract has already
been approved by the contractor atici is in review With Kate Mzitthews in the Prosecutorl-S
office.
The budget line item for this purche
a.s. is 132-178* 00. 9116.594736210 for $7,500. Then I om
requesting a tra
nsfer of the rerna"InIng $9,11
132.178.0o..9116.594736216.81 fro M- 132.178.00-9116-594736214 into
0 to cove r the balance..
Please authoriz ke this expenditure and approve the contract cis reviewed.
for your consideration
sWcerely,
Jim Im McKiern'an, Director
R V
1
!il ^ e'. r
""RAM' IGOH I...)ifl-Y Cop,11Mi
0 N F.-- W
CONTRACT
THIS CONTRACT "Contract"), entered into by and between GRANT COUNTY, duly
and operating under and b virtue of the Constitution and the laws of the State of
organized a p g y
Washington, ("County"), and Ri ht Choice Painting and Ribellia Mobile Blasting, corporation
g
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/Sco of Work. The Contractors shall do all work and furnish all tools, mate equipment, rials e ui ment and things of every description, necessary to complete the following tasks
and scope of was p
work per the request for bids, for the Grant County Fairgrounds Water Tank
Renovation Project.
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
all leave the ro' ect site in a clean condition with all debris recovered and removed.
Contractor shall p �
The term
"work" shall mean all work individually and/or collectively performed by the
Contractor during the project.
2' j
Proect Site. The work shall be accomplished upon the real property commonly known as
�e Washington,
and situated on or about 3953 Airway Dr. NE (County Fairgrounds) Moses Lake, g
or as maybe 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
n event Contractor shall not commence construction until notice to proceed has been
parties. In any .
tythe Coun . The Contractor shall obtain all necessary permits/bonds prior to the
provided by
commencement of any work.
Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below
4. Con . .
14 and with payment of such Contract Sum subject to provisions set forth below
in Paragraph p y
in Paragraphs s 9 and 12 and/or an other provision contained within the Contract which may affect
such Contract Sum to be paid to Contractor, is as follows:
Subtotal $15,357.50
Rodeo Water Tank Renovation — Page 1
Washington State Sales Tax 8.2% $1,259.31
Total $169616.81
Retainage (5% of Subtotal) $Not required
The Contract sum shall be Fifteen thousand, three hundred and fifty-seven, fty seven, and 50 cents plus
all applicable taxes (sales tax at 8.2% percent or one thousand, hundred and fifty-nine
dollars and 31 cents.) Any additional costs resultingfromjurisdictionalb a ' ' requirements maintained
y n 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 '
materials involvedp � as the time and
in such work or percentage of work completed as mutually re
p y ag ed upon by
the Contractor and the County. The County will a such statement
pay 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 all '
es 1 claims, inJuries,
damages, , losses or suits, including attorney fees, arisingout of or in co '
connection with the
performance of the contract, except for injuries and damages caused b '
g y 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 terrain '
p termination of this contract.
8. Insurance. The Contractor shall procure and maintain for the'
duration of this contract,
insurance against claims for Miuries to persons or damage to property Ywhich may arise from or
in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors. The Contractor shallrovi '
p de a Certification of
Insurance evidencing:
a, Automobile Liability insurance with limits no less than $1 9000,000 combined
single limit per accident for bodily injury andrope dama e• and
p �Y g
b. Commercial General Liability insurance written on an occurrence basis with lM' U is
no less than $1,000,000 combined single limiter occurrence and d $1,000,000
aggregate for personal injury, bodily injury and property damage. Cover
p �Y g age shall
include but not be limited to: blanket contractual;products/competed operations;
broad form property damage; explosion, collapse and under
Rodeo Water Tank Renovation — Page 2 p ground (XCU) if
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
performed b or on behalf of the Contractor and a copy of the endorsement
respects work perf Y
naming the county un as additional insured shall be attached to the Certificate of Insurance.
ll be rima insurance with respect the County and the County shall
Contractor's insurance shall primary
be given thirty (30) days prior written notice of any cancellation, suspension or material change
in coverage.
Withheld. The Countywithhold or, on account of subsequently
9. Payments may
nullify the whole or art of any payment to such extent as may be
discovered evidence, nu fY p
y
necessary to protect
Count 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 County the Coun to correct defective work or complete the work;
d. Failure by the Contractor to perform in accordance with the Contract; or
e. Cast or liabilitythat occur to the County as the result of Contractor's
Y
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. A�u thorny of
Coun . If the Contractor fails to perform the work according to
ty
Contract Document the County shall provide written notice of the deficiency
requirements of the Co �
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
y
reasonably completed in
the seven da 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
and/or anion or applicable documents, the Contractor warrants that
the Contract D o current an companion pp q
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, far work performed '
p p ed or materials furnished
according to the Contract, and/or companion or applicable documents the e Contractor shall:
a Obtain all warranties that would be given in normal commercialrac '
p tice,
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 b
. 'tY� y the County,
including any subcontractors, manufacturers, or supplier's warranty that at 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 '
partners, p y bind themselves, their
p ers, successors, assigns, and legal representatives to the other party hereto and to partners
successors, assigns and legal representatives p s'
• g p. es of such other party in respect to covenants,
agreements, and obligations contained in the Contract. Neither a shall assign
without written party gn the work
consent of the other. If either party attempts to make such an assignment w'
such consent that a shall g without
party all nevertheless remain legally responsible for all se obligations
in the Contract. g t forth
13. Changes in Work. The County may, at an time and without '
Y ut notice to Contractor's
surety, order additions, deletions, revisions, or other changes in the work. These ese changes in the
work shall be incorporated into the Contract,Document through the execution ution of Change Orders.
i
If any change n 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 re '
9 y ue q st a written Change Order
proposal from Contractor. Contractor shall submit a Chane Order ro within
the re g p posal within 14 days of
quest from the County, or within such other period as mutaall are
Chane Y 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
g for any expense or
inconvenience, disruption of schedule, or loss of efficient or productivity
. y p oductivity occasioned by the
change in the work. Upon receipt of the ChanOrdproposal, Change Order p pos
al, 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 '
g p able terms with Contractor.
Pending agreement on the terms of the Chane Order, the County ty may direct Contractor to
immediately mmediately 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
idone pursuant to any County -
directed change n the work shall be executed in accordance with the Contract..
14. No Agency Relationship. Neither the Contract nor any are '
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 relationshipof 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 ori to assume or create any obligation or responsibility on behalf of or in
the name of 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,
'ties and storage areas, free from accumulations of waste materials. Before
infrastructures, utile g
completing the work, Contractor shall remove from the premises its rubbish, tools, scaffolding,
and materials. Upon completing the Work, Contractor shall leave the project site in
p
equipment, • , ctor fails to clean u as
a clean neat and orderly condition satisfactory to the County. If Contra p
provided herein, and after reasonable notice from the County, the County may do so and the
cost thereof shall be charged to Contractor.
y clause or
16. Survival. In the event an clprovision of this Contract shall be held to be invalid,
d provisions shall nevertheless be and remain in full force and
then the remaining clauses an
effect.
17. Entire Agreement. The Contract embodies the entire agreement between the parties, all
other agreements, oral or written are herebymerged 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
opportunity to consult with legal counsel as to the legal effect of the
Contractor has had the o pp ty
Contract.
Y
19. Notices. All
notices which may be required pursuant to the terms hereof are to be in
personally to the a to receive the same or mailed by regular mail,
writing and delivered p y party
e address specified ad' acent to the parties' signatures. All notices shall be
postage prepaid to th p J
deemed served upon
delivery thereof or three (3) days following deposit of the notice in the U.S.
mails as required herein.
20. Headinon struction. The headings of the sections and paragraphs are inserted solely
gs, C
the parties and are not a art of and are not intended to govern, limit or aid
for the convenience of p p
y term or
in the construction of an 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. Dises, Attome s' Fees. In an controversy, claim or dispute arising out of, or relating
putv Y
to, this contract or the method and manner of performance thereof or the breach thereof, the
' ' entitled to be awarded its reasonable attorney's fees in addition to such
prevailing party shall b e .
If neither arty wholly prevails, the party that substantially
other damages as are appropriate.p
Rodeo Water Tank Renovation — Page 5
prevails, shall be awarded its reasonable attorneyst fees as litigation expenses. For the purposes
of this provision, the ten -ns "Proceeding" and Itlit,
igation" shall include arbitrafio n, administrative
1
baaruptcy, and judicial proceedings, '-clud'
in ing appeals therefrom. For is co
put -poses of th' 0tract,
the actual attorneys' fees -incuiTed shall be deemed' reasonable .
22. GoverninLaw, Venue. The Perfol'inance and interpretation of the Contract Docur nt
shall be governed and interpreted in accordant . e with the laws of the State of 'Washington. Any
litigation aiising out of or in connection with this Contract shall be conducted in Grant County,
Washington.
Dated the of 2021,
CONTRACTOR:
Right Choice Painting
2590 Valley Road
Moses Lake WA, 98837
By
D ve" Bottorff, Presi
Licons.e. No, RIGHTC 898NW
UBI No. 603-125-022
Dated the�-Zf--"--QC
12
ATTEST:
Barbara J. Vasquez
Clerk of the Board
Approved as to form.:
Rodeo Water Tank Renovation — Page 6
CONTRACTOR:
Ribella Mob'i'le Blasting
112518 Rd 12 NE
Mos -ake, WA 9 83
By
Caleb Ri ella, Owner
License No.
RIBELMB835DW
UBI No. 605-069-241
BOARD OF COUNTY COMMISSIONE S
R
GRANT COUNTYWAS*HI'NGTON
Cindy Carter, Chair
Robert Jo ftes, Member
Danny Stone, Member ..................
By
Kevin
Deputy"'Prosecuting Attorney
Date:,.,..'� ..
. r
Rodeo Water Tank Renovation — Page 7