HomeMy WebLinkAboutAgreements/Contracts - Central ServicesGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Central Services
REQUEST SUBMITTED BY: Tom Gaines
CONTACT PERSON ATTENDING ROUNDTABLE. Tom Gaines
CONFIDENTIAL INFORMATION: ❑YES ® NO
DATE: 4/22/2024
PHONE: 3276
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Contract with ALSC Architects for the design & budgeting for a new events venue at the
Grant County Fairgrounds. Value is $62,453.00 with reimbursable expenses not to exceed
$2,041.00
If necessary, was this document reviewed by accounting? ❑ YES ❑ NO
If necessary, was this document reviewed by legal? ❑ YES ❑ NO
DATE OF ACTION: 0.G .L -
APPROVE: DENIED ABSTAIN
D1:
.(K
D2: G
D3:
4/8/24
DEFERRED OR CONTINUED TO:
K24-122
CONTRACT
THIS CONTRACT ("Contract"), entered by and between GRANT CO"LNTY, duly
organized and operating under and by the Constitution and the laws of the State of Washington
("County"), and ALSO ARCHITECTS, P.S., a professional service corporation duly formed
and doing business in the State of Washington ("Consultant").
In consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Work of Contract/Scope of Work. The Consultant shall do all work and furnish all tools,
materials, equipment, and things of every description necessary to complete the tasks and scope
of work as per the request for qualifications (RFQ) and this contract for the design and budgeting
for a new event venue at the Grant County Fairgrounds. (CSD2407fg). "Work" means all work
individually and collectively performed by the Consultant during the project. The RFQ is
attached as "Exhibit X').
The Consultant will be responsible for doing all the work to complete the following:
a The Consultant will be responsible for the agreed upon work in the proposal from
ALSO dated 3/14/2024, attached hereto as EXHIBIT A.
b. Consultant and County agree this proposal meets the intent of the RFQ attached as
EXHIBIT B
c. Reimbursable expenses detailed in EXHIBIT A shall not exceed $2,041 without prior
approval by the County. Reimbursement expenses are not included in the total project cost
of $62,453.00.
2. Project Site. The work shall be accomplished upon the real property commonly known as
the Grant County Fairgrounds, situated on or about 3953 Airway Dr. NE Moses Lake, Washington,
or as may be more specifically directed at the sole discretion of the County.
3. Date of Commencement and Date of Completion. The Consultant may immediately
begin and shall endeavor to complete all work in time for Central Services to provide
information during the County Call for the Budget period expected in October 2024.
4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below
10
in, paragraph 9 and with payment of such Contract Sum subject to provisions set forth below in
paragraph 7, and any other provision contained within the Contract which may affect such Contract
Sum to be paid to Consultant, is as follows-,
Subtotal $575720.00
Washington State Sales Tax @, 8.2% $4,733.04
Total $625453.00
Reimbursable expenses not to exceed $22041.00
AL SC CSD2407fg-New Venue Design — Page 1
a Payment Interval and BillinL. The Consultant may submit a lump sum payment at
completion or a monthly billing statement and invoice to the County. Such billing
statement and invoice shall set out the nature of the work performed, the time and
materials involved, or the percentage of work completed as mutually agreed upon
by the Consultant and the County. The County will pay such a statement and
invoice within thirty (30) days of receipt.
5. Indemnity and Hold Harmless. The Consultant shall indemnify and hold the County, its
officers, officials, employees, and volunteers harmless from any 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 negligence of the County, its
officers, officials, employees, and volunteers
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Consultant's waiver of immunity under Industrial Insurance, title 51 RCW, solely
for indemnification. The parties have mutually negotiated this waiver. The provisions of this
section shall survive the expiration of termination of this contract.
6. Insurance. The Consultant 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 Consultant, its agents,
representatives, employees, or sub -consultants, The Consultant 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 is written on an occurrence basis with
limits of no less than $1,000,000 combined single limit per occurrence and
$2,000,000 aggregate for personal i M* *ury, bodily injury, and property damage.
W
Coverage shall include but not be limited to blanket contractual, products/completed
operations, broad form property damage, explosion, collapse, and underground
(XCU), if applicable, and employer's liability.
c. Worker's Comvensation insurance at the limits established by the State of
Washington.
Any payment of deductible or self-insured retention shall be the Consultant's sole responsibility.
The County shall be named as an additional 'Insured on the insurance policy concerning work
performed by or on behalf of the Consultant, and a copy of the endorsement naming the county
as an additional insured shall be attached to the Certificate of Insurance. The Consultant's
insurance shall be the primary insurance concerning the County, and the County shall be given
thirty (30) days prior written notice of any cancellation) suspension, or material change in
coverage.
ALSC CSD2407fg-New Venue Design — Page 2
7. Payments Withheld. The County may withhold or nullify the whole or part of any
payment to such extent as may be necessary to protect the County from loss or damage for
reasons including but not limited to:
a Work not within the Contract or agreed to in the RFB (Attached as "Exhibit A").
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 Consultant to perform work within this Contract.
e. Cost or liability that may occur to the County due to the Consultant's fault,
negligent acts, oromissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
unsatisfactory performance, the County shall notify the Consultant per RCW 39.76.011 (b).
Authorily of Count. Suppose the Consultant fails to perform the work according to the
requirements of the Contract Document. In that case, the County shall provide written notice of the
deficiency to the Consultant, and the Consultant shall have seven days to correct the deficiency in the
work. Ifthe Consultant fails to correct the deficiency in the work within the seven days or to take
and continue all appropriate steps to initiate the corrections in the event corrections cannot be
reasonably completed in the seven days, the County may, without prejudice to other remedies: (a)
use County forces, other Consultants, or other means to make good the Consultant's deficiency,
and (b) deduct from or nullify the Consultant's payments the cost of such effort as described in
paragraph 8 of this agreement.
rini
8. Successors and Assigns. The County and Consultant 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 regarding the contract's
covenants, agreements, and obligations. Neither party shall assign the work without the written
consent ofthe other. If either party attempts to assign without such consent, that party shall remain
legally responsible for all obligations outlined in the Contract.
9. Changes in Work. The County may, at any time and without notice to the Consultant'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 ofChange Orders.
Suppose any change in the work ordered by the County causes an increase or decrease in the
Contract Sum or the performance time. In that case, 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 the Consultant. The Consultant shall submit a Change Order proposal within 14
days of the request from the County or within such other period as mutually agreed. The
ALSC CSD2407fg-New Venue Design — Page 3
Consultant's Change Order proposal shall include total 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 to the contract sum or time of performance, the County
may accept or reject the proposal, request further documentation,, or negotiate acceptable terms
with the Consultant.
Pending agreement on the terms of the Change Order, the County may direct the Consultant to
proceed immediately with the Change Order work. The Consultant shall not proceed with any
change in the work until the County's approval has been obtained. All work done under any
county -directed change in the work shall be executed per the Contract.
10. No AgencyI elationshi. Neither the Contract nor any agreement implied therefrom
constitutes the Consultant as an agent or legal representative of the County for any purpose
whatsoever, and the Consultant's relationship to the County because of the Contract Document
shall be that of an independent Consultant. The Consultant 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 the County or to bind the County in any manner or thing whatsoever.
.11. Survival. If any clause or provision of this Contract shall be invalid, the remaining clauses
and provisions shall nevertheless be and remain in fall force and effect.
12. Entire Agreement. The Contract embodies the entire agreement between the parties; all
other agreements, oral or written, are now merged 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 and signed by both parties. Time is of the essence.
No verbal or other agreements modify or affect the Contract.
13. Explanation of Documents. The Consultant has thoroughly reviewed the Contract and
consulted with legal counsel regarding its effect.
14. Notices. All notices required under 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 thereofor three (3) days following deposit ofthe notice in the U.S. mail as required herein.
Headings, Construction. The headings of the sections and paragraphs are inserted solely for the
convenience of the parties. They are not a part of and are not 'Intended to govern, limit, or aid in
constructing any term or provision hereof. In construing the parties' intent regarding
In this contract, no more significant or stricter construction of any term or provision hereof shall
be asserted against the county as drafter.
ALSC CSD2407fg-New Venue Design — Page 4
IS. Governing Law, Venue. The performance and interpretation of the Contract Document
shall be governed and interpreted by the laws of the State of Washington. Any litigation arising
from or in connection with this Contract shall be conducted in Grant County, Washington.
ALSC CSD2407fg-New Venue Design — Page 5
CONSULTANT:
ALSC INC.
l'or
By:
Rustin Hall, Nincipal
UBI No. 600 087 7367
Dated the of 001 J.2024.
BOARD OF COUNTY COMMISSIONERS
w H
%NT COUNTY, L7 INGTON
'J
Cindy Carter, Chair
Danny Stone, Vice- air
------- ----
Rob ember
ATTEST:
b-4
Barbara J. Vasque(
:11
Clerk of the BoQ
41
Approved as to form,
By
Barbara G. Duerbeek, WSBA # 53946
Deputy Prosecuting Attorney
Date,
ALSO CSD2407fg-New Venue Design -- Page 6