HomeMy WebLinkAboutAgreements/Contracts - Renew (002)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Renew
REQUEST suBnniTrEo BY: Linze Greenwalt
CONTACT PERSON ATTENDING MEETING.Dell Anderson
CONFIDENTIAL INFORMATION: ❑YES ONO
DATE: 09/27/Z023
PHONE: X547
109
WJL1111:4
�WAMIZWLVIN
10 F.,'% au
i
*Agreement / Contract
❑AP Vouchers
❑Appointment / Reappointment
❑ABPA Related
❑ Bids / RFPs / Quotes Award
❑ Bid Opening Scheduled
❑ Boards / Committees
❑ Budget
❑ Computer Related
❑ County Code
❑ Emergency Purchase
❑ Employee Rel.
❑ Facilities Related
❑ Financial
❑ Funds
❑ Hearing
❑ Invoices / Purchase Orders
❑ Grants — Fed/State/County
❑ Leases
❑ MOA / MOU
❑Minutes
❑Ordinances
❑Out of State Travel
❑Petty Cash
El Policies
❑ Proclamations
❑ Request for Purchase
❑ Resolution
El Recommendation
El Professional Sery/Consultant
❑Support Letter
❑Surplus Req.
❑Tax Levies
❑Thank You's
❑Tax Title Property
❑WSLCB
XPROVED
❑DENIED
❑TABLED/DEFERRED/NO ACTION TAKEN:
❑CONTINUED TO DATE:
❑OTHER
DATE OF ACTION: l (.J 1:;17
i?
""3
S�
�i
6
_
At
"� 11. i r - r.� `; t+ .•; o P� P-"' r,. r M
K23-239
Contract
THISICONTRACT ("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 Stan's Construction and Son, LLC, a corporation fully formed and doing businessin .. 1. the State of
Washington (•'Contractor-"},
In consideration of the mutual promises and covenants contained herein, theparties hereto agree as
follows:
1. Work of ContractIScope of Work. The purpose of this.contract is to accomplish the Grant County
project to secure the access of the clinical offices, rece
ptio ' n and waiting area., The purpose of
the project is to build a wall on, top an existing wall and add a secure door.
The site for this project is at Re -new.. located at 124 3rd Ave5W, in Ephrata, ,W -A.
The term "work" shall mean all work ind vidual
�y and/or collectively ,pe.rformed by the
Contractor during the project.
Work shall be conducted, duringnormal -op:erating business. hours.
Contractor shall provide all material, 16bor, e* quApment, tools, supervision, and whatsoever else is
necessary to accomplish work, and s:hall be responsible -for transportation and disposal of all
project related materials, waste, and equipment. Contractor is solely respon sible for waste
Aispqsa.l. costs.:
Contractor shall accomplish the following work:
'RembVie approximately eight feet by ten inchgranite topfromawa11 that is
roughly four
fd6t tall.
Extend the w"a I I about six to , teh"inthes b6lowthe suspended e 6-dceiling I support frame.
A six'foot long -by three -f66 t -high security glazed windo- W, W' i 1 11 be centered into the
I -
Md d 1; e
f
0, w ; a IF.'
Add. a.,door and frame at
left en
.: 1. , _ 1,wall1a
.d of t- i
The door will need to swing out, 'have emergency escape ,hardware, and be_Wide enough
(32 inch minimum) for ADA access.
The door, willfiave a half window arid ,door strike.
The door-strike-hardwarewilt..,betsoplied byGrant-y.
-rant.Count
• ,C..Igon..Up.-a,ll.areas,affected ,by.work..
Colo rd! nate-withCo u nty's p roject managerregrading work, apdAhe-time
needed to complete phases of the work to allow safe access for cu I storners. and
employees.
Pr'ovide containers tor6perl :s,-'
P tore and haul all job -'related -materials lboth solid and
liquid) for -disposal
Provide.. maintain on"site.i-and -make available, upon demand, --Material Safety Data Sheets
for any chemicals brought on site.
2. Proiect Site. The workshall...'be accomplished uDon,thereal, property commonly known as the
Renew: located at 124,3rdAve SW .en Ephrata, WA,
Renew -- Ephrata Lobby
3. Date of Commencement and Date of Completion. Contractor shall commence the work
described herein upon receiving notice to proceed via email from County. Substantial completion
of the work shall occur on or before October 1, 2023, or at such other time as may be mutually
agreed upon bythe parties. In any event, Contractor shall not commence construction until
notice to proceed has been provided by the County.
4. Contract Sum and Terms. The agreed Contract sum,, except for provisions set forth below in
Paragraph 15,, and with payment of I 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
4i
affect such Contract Sum to be paid to ContractorJs as followsd
Subtotal
$x.9,730.00
Washington State Sales Tax (8.4%)
Total
$21,387.32
Retainage
$1.s069.37
The Contract sum is and shall not exceed, $21,387.32, including all applicable taxes and any .
additional costs resulting from jurisdictional requirements maintained by an additional authority.
All materials and/or labor to complete the scope of work described herein is the responsibility of
the Contractor.
Contractor shall provide intents and affidavits to Washington State Labor and Industries in
compliance with Washington State regulations.
.Contractor shall submit a single billing statement and/or invoice, not to exceed total contract
sum as outlined above, to the County at the completion of the project. 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 Contractor
and County will pay such statement and/or invoice within thirty (30) days of receipt.
S. Retainage. Five (5) percent retainage on the project subtotal is required for this project, as
reflected in section 4 above.
6. Indemnity and Hold Harmless. Contractor shall defend, indemnify and hold 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 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 temlination of this contract.
7. 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 the performance of the work hereunder by Contractor, its agents..
Renew -- Ephrata Lobby
representatives., employees, or subcontractors. Contractor shall provide a Certification of
Insurance to County evidencing;
• Automobile Liabi insurance with limits no less than$1,000,000 combined single limit
per accident for bodily injury and property damage. and
.!o Commercial General Liability insurance written on. an occurrence basis with limits no less
than,$-1,QOO,000 combined single limit per oqcurrence.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 operati'ons; broad form property
damage; explosion, collapse and underground (XCU) if applicable I i I ; and employer's
liability.
• worker's Compensation insurance at the limits established by the State of Washington.
Any 'payment of';deduc'tible or self insured retention shall be the sole responsibility of Contractor.
County shall be na,mec I
as an additiona] insured -on the insurance P'olicy', as respects 'ork
w
performed by,or on behalf of Contractor and .a copy of the endorsement nanling the;:county as
.a-00itional insured shall be attached to the Certificate "of insurance. ,-.C-ontractor's insurance shall
be primary insurance with respect County and County shall be given I thirty, (30 ) days prior written
notice of any cancellation, suspension or material change in coverage.
8. Payments Withheld. County may -withhold or, due.to subsequently discovered evidence, nullify
the wholeor part. of any, payment, to such..ex'tent, as may be necessary to, protect County from
loss. or damage for reasons
including but not. limited to
-Work not in accordance with Contract.
Reasonable evidence` that work'required -byContract cannot be comleted for he
unpaid balance of the contract sum.
,Work by County to correct. defective e
fe v work or complete work.
Fd1flur -perform in acordanc+eth Contract; or
by Contractor to'
.0. Costor liability thatmay -occur to County as the.,result-of Contractor's fault or negligent
acts or o
pissions,
P ROVID E D I n anycase w -tor.,afl of a p, 0
herp par -withheld for un
Me Jsgoing
.,,satisfactory
performance, .y,,sh, ll.n
otif -
Contra
ctorjin accordance with ,-RC
W39.76.01l(b).
9. Auth6 ei of`Coun Should Contractor-failt --o p e r f o r m h e work a'c'-cb r- d i ng to re * U irl e m e n t s of
Contract, County shall provide written notice of the deficiency to Contractor 'a'n d'C6ntr'a ctor shall
have seven ...day.s to, correct the deficiency in work, If Contractor ctor fa i
s, to :correct the deficiency in
"rk.within the. seven-day. period or t(?.:tak&and continue,,Al;ap initiate the
ropriate steps to ini
p
corrections inthe- event -corrections cannot
be reasonably complete in the seven, day period,
Count
'y may, without --,p use Co
re C
judi e t dies
vnt
-y; forces, other contractors
or
other -means
:to, cQrr..ec-t . o ,nt ra
deficiency and/or (b). deduct- from Contractor's payments
the cost of such effort.
10. Warranty of, Construction-.. In, add ition,to. an special special warranties
_provided elsewhere in Contract
and/or documents incorporated by reference herein, Contractor warrants that all work
conforms to the requirements of the Contract and is free of any defect in equipment, material,
design, or workmanship furnished or performed by'Contr'acto'r.'
Renew-- Ephrata Lobby
With respect to all warranties, express or implied, for work performed or materials furn"ished
according to Contract, and/or documents incorporated by reference herein, 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 County; and
• Enforce all warranties for the benefit of County, if directed by County, including any
subcontractor's, manufacturers, or supplier's warranty that extends beyond the period.
specified in Contract.
• The obligations under this Section shall survive completion.
11. Successors and Assigns. 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 Cont.ract. Neither party shall assign work without
written consent of the other. If either party attempts to make such an assignment- ithout
such consent, that party shall nevertheless remain legally responsible for ail obligations set
forth in Contract.
12. Changes in Work. County may, at any time and without notice to Contractor's surety, order
additions, deletions, revisions, or other changes in work. These changes in work shall be
incorporated into Contract through the execution of Change Orders. If any change i
relationship of Contractor to County by reason of Contract shall be that of an independent,
contractor. 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 of County or to bind County in
any manner or thing whatsoever,
14. Clean Up. Contractor shall at all times, keep the project site, including haufing routes,
infrastructures, utilities,, and storage areas, free from accumulations of waste materials. Before
completing work, Contractor shall remove from the premises its rubbish, tools, scaffoldin
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.
15. Survival. In the- eventany 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. Contract e mbo-dies - the entire agreement between theparties, all other
agreements, oral or written, are hereby merged into and superseded by Contract. There are no
other agreements whichmodif
y or affect the terms hereof. No amendment hereto shall be
binding unless the terms , thereof are , i - n writing signed by bothparties. Time is of the essence. No
verbal or other agreements modify or affect the Contract.
17. Explanation of Documents. Contract been fully reviewed by Contractor. Contractor has had the
opportunity to'consult w►ith'legal counsel as to the legal effect of Contract.
18. 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
-a -e
prepaid to the-- dd' iffid adjacent to the parties' signatures. All hbtites- shall be -deemed
r ss spec e
served upon delivery thereof or three (3) days following deposit of the certifle'd, notice in the U.S.
mail as required herein.
19. Headings, Construction.. The headings of the sections and paragraphs are inserted solely 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 anyterm orprqvision hereof shall be asserted
against County as drafter.
20. Governing Law, Venue. The performance and interpretation
.k of Contract shall be governed 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 Cou nty-'.' Washington.
g ton.
Renew -- Ephrata Lobby
Dated the of f)j. 12023.
cc
sti
By
Dated the of 2023.
ATTEST:
(. Bar araJ.Val' le
NCI k of the B -rd
Approved as to form:
Rebekah KKlor, WS8A#53257
Civil Deputy Prosecuting Attorney
Date: flz
Renew—Ephrata Lobby
BOARD OF COUNTY
COMMISSIONERS
GRANT COUNTY, WASHINGTON
Ro Chair.
Cindy Cart r, Vice -Chair
Stone, Member