HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceK23-178
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 Asbestos Central, LLC a corporation- 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/ Scove of Work.
The purpose of this contract is to accomplish the Grant County project to remove and dispose
of the loose and bubbled lead paint and wood siding and wood steeple and apply a lead barrier
compound on the structure of the church.
The outcome of the project will result in the church will have all loose leadpaint and rotted
materials coated and lead paint will be removed with the building coated with lead encapsulating
compound, The site for this project is at the Grant County Historical Museum located at 724
Basin St. in Ephrata, WA. Contractor is not responsible for completing finishing coating of the
building.
The term "work]' shall mean all work Individually and/or collectively performed by the
Contractor during the project. I
All work shall be conducted in such a manner as to maintain the original architectural
appearance of the Church.
Work shall be conducted during normal operating business hours.
Contractor will ace vire all necessarUermits for the proiect -r)rior to commencina work. fount
shall not he,tiable for any fines/fees resultij)p
Vgn-nits..pEigr to commencing work. from Contractor's failure to aqquire necessa
Contractor shall provide all material, labor, equipment, tools. supervision, and whatsoever else is
necessary to accomplish work, and shall be responsible for transportation and disposal of all
project related materials, waste, and equipment. Contractor is solely responsible for waste
disposal costs.
• Contractor shall accomplish the follow*
ing work:
• Remove the rotted siding near the foundation on the church.
Remove the steeple structure coated with lead-based paint.
Apply lead-based barrier compound.
Utilize 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.
Church Lead Paint Abatement
Contract
Coordinate with County's Facility and Maintenance Manager regarding schedul" g work
and the time needed to complete phases of work to allow safe access for custo In
employees. mers and
Provide containers to properly store and haul all job-related materials (both solid and
liquid) for disposal.
Provide, maintain on site, and make available on demand, Material Safety Data Sheets
for any chemicals brought on site,
2, Project Site. Work shall be accomplished upon the realproperty commonly known as
the Grant'COuntY HistOrical Museum located at 742 Basin St Nov', Ephrata, WA,
3.._..,,, - Date of Commencement and Date of ComLiletion. Contractor shall commencet'he work
described herein upon receiving notice to proceed from County. Substantial completion ofthe
work shall occur on or before October 1, 2023, or at such other time as may be mutually agreed
upon by the parties in writing. In any event, Contractor shall not commence construction until
notice to proceed has been provided by the County. The Contractor shal I obtain all necessary
permits prior to the commencement of any work.
4. -Contract Sum and Terms. The agreed Contract sum, except forprovisions set forth
below in Paragraph 15, and with Payment of such Contract Sum subject to provisions set forth
below in Paragraphs 10 and 13, and/or any other provision contained within the Contract which
may affect such Contract Sum to be paid to Contractor, is as follows:
Subtotal- X23,775
-Washington State Sales Tax .4'0/o
$1997.10
Total $25772.10
Retainage
The Contract sum is and shall not exceed, $25772.10, inctuding all applicable taxes and any
a?
additional costs resulting from jurisdictional requirements maintained by an additional authority.
Permit costs and all materials and/or labor to complete the scc�p_e of work described herein 'I's the
responsibility of Contractor.
Contractor shall provide intents and affidavits with the Washington State Department of Labor
and Industries in compli
lance with Washington State regulations.
Contractor shall submit a single billing statement and/or invoice to County at the completion of
the project, not to exceed total contract sum as outlined above. Such billing statement and/or
invoice shall set out the nature of workperfon-ned, as well as the time and materials involved in
such work or percentage of work completed as mutually agreed upon by Contractor and
County. County will pay such statement and/or invoice within thirty (3 0) days of receipt.
Church Lead Paint Abatenient
Contract
5. Performance and Payment Bonds: Required for this project
6. Retainage,.- Is not required for this project.
7. Ir demnitV and Hold Harmless. Contractor shall defend 1 0 ndemnify and hold County, its
officers. officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including attomey fees, arising out of or in connection with the performance of
the contract.,, except for injuries and damages caused by the sole negligence of County.
It is further specifically and expressly understood that the indemnificationprovided herein
constitutes Contractor's waiver of immunity under fndustrial 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. 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 theperformance of the work hereunderby Contractor, its agents,.,
representatives, employees or subcontractors. Contractor shall provide a Certification of
Insurance evidencing:
Automobile Liability insurance with limits no less than $ 1,000,000 combined
single limit per accident for bodily injury and propertydamage; and
Commercial General Liability insurance written on an occurrence basis with limits
no less than V, 000,000 com
bined single limit per occurrence and $2,000,000
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
I
(U) if applicable, and employer's liability,
Worker's Corn.vensation insurance at the limits established by the State of
Washington.
Any payment of deductible or self-insured retention shall be the sole responsibiliry of the
Contractor. The County shall be named as an additional insured on the 'insurancepolicy, 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, due to subsequently discovered
evidence, nullify the whole or part of any payment to such extent as may be necessary to
1W
Church Lead Paint Abatement
Contract
protect County from loss or damage for reasons including but not limited to:
9 Work not in accordance with Contract.
* Reasonable evidence that the work required by Contract cannot be completed for
the unpaid balance of the contract sum.
Work by County to correct defective work or complete thework.
Failure by Contractor to perform in accordance with Contract; or
* Cost or liability that may occur to County as the result of Contractor's faultor
negligent acts or omissions.
PROVIDED: In any case where part or all of a payment isgoing to be withheld for
unsatisfactory performance, County shall notify Contractor in accordance with RCW
39.76.011(b) .
10'. Authority of County. Should Contractor fail to perform the work according to
requirements of Contract, County shall provide written notice, of the defic P
lency to Contractor and
Contractor shall have seven days to correct the deficiency in the work. If Contractor fails to
correct the deficiency in work within the seven day period or to take and continue all appropriate
steps to initiate the corrections in the event corrections cannot be reasonablP
y completed in the
seven day period, County may, without prejudice to other remedies, (a) use County forces,
other contractors, or other means to correct Contractor's deficiency and/or(
b) deduct from
Contractor's payments the cost of such effort.
11. Warranty of Construction. In addition to any special warrantiesprovided elsewhere in
Contract and/or documents 'incorporated by reference herein, Contractor warrants that all work
conforms to the requirements of Contract and is free of any defect in equipment, material, or
design, or workmanship furnished or performed by Contractor.
With respect to all warranties, express or implied, for workperfon-ed or materials fumished
according to the Contract, and/or documents incorporated by reference herein, Contractor shall:
* Obtain all warranties that would be given in normal commercialpractice.
* Require all warranties to be executed, in writing, for the benefit of County; •and
* Enforce all warranties for the benefit of County, if directed by County, including
any subcontractor's, manufacturers, or suppli er's warran ty that extends beyond the peri od
specified in the Contract.
The obligations under this Section shall survive completion.
12. Successors and .Assigns. County and Contractor respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party hereto and to
Church Lead Paint Abatement
Contract
partners, successors., assigns and legal representatives of such other party in respect to covenants,
agreements, and obligations contained in 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
Contract.
13. changes in Work, 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 Contract 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' time of
performance, an equitable adjustment shall be made, and such adjustments(s) shall be
in
into said Change Order. No changes to the contract surn shall occur unless
recorded in such a change order.
If County desires to order a change in the work, it may request a written Change Order Proposal
from Contractor. Contractor shall submit a Change Orderproposal within 14 days of the
request from 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 ofperformance, 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 orproductivity 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, County may direct Contractor to proceed
immediately with the Change Order work. Contractor shall notproceed with any change in the
work until it has obtained County's approval. All work donepursuant to any County -directed
change in the work shall be executed in accordance with Contract.
14. NoencuRelationship. Neither Contract, nor any agreement implied therefrom,
constitutes Contractor as an agent or legal representative of County for any purpose
whatsoever, and the relationship of Contractorto Countybyreason of Contract shall be t , hat of an
independent contractor. Contractor is not granted any express or implied tight or authority to
assume or create any obligation or responsibility on behalf of or in the name of County or to
bind County in any manner or thing whatsoever.
.15. Clean Uv. Contractor shall at all times, keep theproject 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,
0 7
scaffolding, equipment, and materials. Upon completing Work, Contractor shall leave the
project site in a clean, neat, and orderly condition satisfactory to County. If Contractor fails to
clean up as provided herein, and after reasonable notice from County, County may do so and
the cost thereof shall be charged to Contractor,
Church Lead Paint Abatement
Contract
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 andremain in full force
and effect.
17. Entire Agreement, Contract embodies the entire a
I greernent between the Parties, all other
agreements, oral or written, are hereby merged into and superseded by 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 Contract.
18. Explanation of Documents. Contract has been fully reviewed by Contractor.
Contractor has had the opportunity to consult with legal counsel as to the legal effect of 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 certified 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 cettffiednotice in
the U.S. m ails as required herein,
20. Headings, Construction. The headings of the sections andparagraphs are inserted solely
for the convenience of the parties and are not a part ofand are not intended to govem, ffi-nit oraid
in the construction of any term or provision hereof. Ill construing the parties'intent with regard
to this contract., no greater or stricter construction of any term or provision hereof shall be
asserted against County as drafter.
2.1. Goveming Law,,Venue. The perfortnance and interpretation of the Contract Document
shall be
go erred and interpreted in accordance with the laws of the State of Washington. Any
litigation arising out of or in connection with this Contractshall be conducted in Grant County,
Washington.
Church Lead Paint Abatement
Contract
?Z
Dated the'Z5 of itt'.4.7
2023.
CONTRACTOR. -
Asbestos Central, LLC
By:
J14S#t..1
WOOD LT"
License No. ASBESCL840PL
UBI No. 604 658 074
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY7 WASHINGTON
Rob air
Cindy Cart Member
&rR7
Danny S to e, Member
Dated the �- �ds of cA' 32023.
i
AST:
T
.........
-Bar ""'a "Vag quezCleLs-1-
of t e B and
■ yra G. Duerbeck
Deputy Prosecuting Attorney
Date:
Church Lead Paint Abatement
Contract