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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