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HomeMy WebLinkAboutAgreements/Contracts - Central ServicesW 0,4- - ex. - GRANT 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 El NO DATE: 4/7/25 PHONE: 3276 DAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances El Out of State Travel [:]Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB = - - ------------------------- Contract with Farmers Electric in the amount of $84,154.71 for the Horse Barn Water Upgrades project CSD 2505fg If necessary, was this document reviewed by accounting? ❑ YES 0 NO If necessary, was this document reviewed by legal? 0 YES ❑ NO DATE OF ACTION: -c APPROVE: DENIED ABSTAIN D1: 1� D2: D3: DEFERRED OR CONTINUED TO: 4/8/24 K25-061 CONTRACT THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duty organized and operating under and by the Constitution and the laws of the State of Washington ("County"), and FARMERS ELECTRIC LLC., a limited liability corporation duty formed and i doing business n the State of Washington ("Contractors ). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: Work of -, Contract/S cope of Work. The Contractor shall perform all work and furmlsh all necessary tools, materials, equipment, and other items required to complete the tasks and scope of wor1c as specified in the Request for Bids and this Contract for the Horse Barn Electrical Upgrade Project (CSD2505fg). "Work" refers to all work, both- individually and collectively, performed by the Contractor during the prod ect. The Contractor Will be responsible for doing all the work to complete the following: a. The contractor is responsible for all engineering and Sizing conductors, systems, panels, lighting, and any other required components to provide additional electrical services to the five horse bdrns, as speciffii4 in the bid package, but at a minimum, includes, Electrical feeders, panels, breakers, and circuitry requ'red for each barn. Proper grounding, including equipotential grounding or as directed by the Authority Having Jurisdiction. •A minimu.in of 16 20A GCF1 receptacles in. weatherproof enclosures for each barn. A minimum of 8 new LED lights per barn, along with the removal and disposal of any existing lighting or circuitry that requires removal or replacement. Any excavation required, all fastening of conduit to stmetures, permits, and successful project inspections. h Complete cleanup of the area once above completed, including but not limited to recovery and removal of equipment, trash, and debris. c Contractor understands this is a Public Work subject to prevailing wage and the submission of intents, affidavits, and certified payroll as required by the Labor and Industries. d. The Contractor submitted a proposal in which the firm attested to the knowledge and understanding of the above -referenced docments. This contract captures the intent of the work- conveyed in the RFB and the contractot's submission to the RF B. e. RFB is attached to the, contract as Exhibit. "A. 2. Project Site. The work shall be performed on the Teal property commonly known as the Grant County Fairgrounds, located at approximately 3953 Airway Drive NE, Moses Lake, Washington. Farmers Electric CSD2505fg-Horse Byrn Electrical Upgrades —Page 3. Dates ofCommencement ggd o npl on. The Contractor shall commence the work desefibed herein upon receiving notice to proceed from. the County at a time mutually agreed upon by the parties after obtaining all necessary permits and bonds. Substantial completion of the work shall occur by June 30, 2025, unless delays beyond the control of either party necessitate an extension of the date, This date. will not be extended Without approval by the County,. 4. Coptract S rn and Ter i. The agreed Contract sum., except for provisions set forth below in Paragrapli 13, and with payment of such Contract Suin subject to provisions set forth below inparagraphs 8 and 11, and any other provision. contained withinthe Contractwhichmay affect such it I Contract Sum to be paid to Contractor, is as follows, Subtotal $77,777 Washington State Sales Tax @ 82% K�377,71 Total $84J54.71 FR—etainage (5% of Subtotal.) $3;888.o..) a Retaina re: Required for this project, A retainage bond is acceptable and preferred. 5% rotainage is required under RCW 60.28,001. The contract exceeds $35,000, requiring a notice of completion to be filed and approved before releasing the retainage, b. I nts and, Affidavits:, Statements of intent to pay prevailing gages and. affidavits of wages paid must be submitted to Washington State Lkor and Industries, as required by RCW 39.12.040. PAY Interval and ME'= The Contractor shall submit a monthly billing statement and invoice to the County. Such billing statement and invoice shall set out the nature ofthe work perfonned, the time and materials involved, or the percentage of work completed as mutually agreed upon'by the Contractor and the Co-unty. The County will pay such a statement and invoice within thirty (30) days of receipt. 5. Perforluggee and Pa. ment Bonds: Required for this project. 6. Indemnity and Hold Harmless. The Contractor shall defend, indemnify, and hold the County, its officers, officials, employees, and volunteers harmless from any claims, injuxies, 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 ftrther specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial lasurance, title 51 RCW, solely Fwmers Electric CSD2505fg-Horse Barn Electrical Upgrades —Page for indemnification. The parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration of termination of this contract. 7. Insurance, The 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 the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall provide a Certification of Insurance evidencing: ar Automobile LiabilAy insurance With limits no less than $1,000,000 combined single limit per accident for bodily injury and -property damage; and b, Cominercial General Liabilfty insurance written on- an occurrence basis with limits no less than $1,000,000 combind single limit per occurrence and $2,000,000 aggregate for personal in * ury, bodily injury, and property damage. 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, a Worker's Corni nensation iisuratice at the firaits established by the State of Washington. Any payment of deductible or self-hisuxed retention shall be the Contractor's sole responsibility. The County shall be named as an additional insured on the insurance policy concerning woTk performed by or on behalf of tho Contractor, and a copy of the endorsement naming the county as- an additional 'Insured shall be attached to the Certificate of Insurance. The Contractor's instrance shall be the primary insurance 'concerning the Cotmty, and the County shall be. given thirty (30) days prior written notice of any cancellation, suspension, or material change in coverage. 8, Payments Withheld. The County may withhold or nullify the whole or part of any payment to such extent as may be necessm to protect the County from loss or damage for reasons including but not limited to: a Work not within the Contract or RFB. 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 Contractor to perform work within this Contract or R_FB or e. Cost or liability that may occur to the County due to the Contractor's fault., A. negligent acts, oromissions. PROVIDED: - In any case where part or all of a payment is going to be W-ithheld for unsatisfactory performance, the County shall notify the Contractor per RCW 39.76.011 (b). Tuners Electric CO250.5fg-Horse Barn Electrical Upgrados — Page Authorily of t. Suppose the Contractor fails to perform the work according to the requirements of the Contract Document. In that case, the County shalt provide written notice of the deficiency to the Contractor, and the Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to cormet the deficiency in the work Withia 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 contractors, or other weans to make good the Contractor's defi6ency, and (h} deduct from or nullify the Contractor's payments the cost of such effort as described ill paragraph 8 of this agreement, 9. Warrg4&of. Construction. In addition to any special warranties provided elsewhere in the Contract Document and companion or applicable documents, the Contractor wavants that A work conforms to the requirements of the Contract and is free of any defect in equipment, material, or design finished or workmanship performed by the Contractor. Concerning all warranties, express or implied,- for work performed or materiWs furnished according to the Contract -and: companion or applicable documeiits, the Contractor shall, a Obtain all warranties that would be given in standard commercial practice b. Require all warranties to be executed, in writing, for tie benefit of the County; and a Enforce all warranties for the benefit of the County, if directed by the County, d. -2 -S 0. mejuaing any subconfractoes, manufacturer's, or supplier's warranty that extends beyond the period specified in the Contract. d. The obligations under this Section shall survive completion, to. Sucre§sors and Ass' yns. The County and the Contractor, respecti,vely, bind themselves, their partners, successors, assigns, and legal representatives to the other party horeto, as well as to the partners, successors, assigns, and. legal representatives of such other party, regarding the covenants, agreements, and obligations contained in the Contract. Neither party shall assign the work without the other party's written consent. If either party attempts to assign without such consent, that party shall remain legally responsible for all obligations outlined in the Contract. It* C OF 0—"i khan in Work. ine Coilnty may, at any time and without notice to the Contractor's surety, order additions, deletions, revisions, or other 4zhanges in the work. These changes in the work shall be incorporated into the Contract Document through the execution of Change Orders. Suppose any change in the work ordered by the County causes an 'increase or decrease in the Contract Sum or the Performance titne. In that case, an equitable adjustment shall be made, and such adjustments(s) shall be incorporated into a Change Order, Farmers Electric CSD25 Mfg -Horsy Bari Electrical Upgrades — Page If the County desires to order a change in the work, it. may request a written Change Order proposal from the Contractor, The contractor shall submit a Change Order proposal -Within 14 days of the request from the County or within such other period as mutually agreed. The contractor'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 worl< 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 dooumentation, or negotiate aQeeptable terms with the Contractor. Pending agreement on the terms of the Change Order, the County may direct the Contractor to proceed 'Immediately. with the Chtmge Order work. The contractor shall not proceed With any change in. the work until it has obtained the County's approval. All work done under any county- dirce,ted change in the work shall be executed per the Contract. 12, NQ Agency Relatignship. Neither the Contract nor any agreement 'implied thereby constitutes the Contractor as an agent or legal representative of the County for any pose whatsoever, and the Contractor's relationship to the County under the Contract Document shall be that of an independent contractor. The Contractor is not granted any express or 'implied right or authority to assume or create any obligation or responsibility on behalf of or in t1le name ofthe County or to bind the County m' any manner or thing whatsoever. .a V p. The contractor shall maintain a clean and orderly project site, *Including hauling routes, inftastructure,, utilities, and storage areas, free from accumulations of waste materials. Before the project is accepted, the Contractor shall remove d11 rubbish, tools, seaff-olding, equipment, and materials from tho premises. U on completing the .Work, the p Contractor shall leave the, project site in a clean, neat, and orderly condition that is satisfactory to the Co-unty. If the Contractor -fails to clean up as provided herein and after receiving reasonable notice from the County, the County may do so; the cost thereof shall be, charged to the Contractor, 14. SjLrvival, If any clause or provision of this Contract is invalid the rQmm'ning clauses and provisions shall nevertheless remain in. full force and effeQt. 15. Entige, 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 that modify or affect the terms of this agreement. No anendment to this agreement shall be binding -unless the terms thereof are in writing and signed by both parties. Time is of -the essence. No verbal or other agr6ements modify or affect the Contract, 16. Enlanation of Doe s gnts. The Contractor has thoroughly reviewed. the Contract, The Contractor has had the opportunity to consult with legal counsel as to the legal effect of the Contact, Farmers Electric CSD25 05fg-Horse Barn Electrical Upgrades -Page 17. N All notices required under the terns of this agreement must be in writing and 16 delivered personally to the party to receive them or mailed by regular mail, prepaid postage, to the address specified adjacent to the party's signatures. All notices shall be deemed served upon delivery or three (3) days following deposit in the U.S. mail, as required herein. Heqdings, Construction. The headings of the sections and paragraphs are inserted solely for the 7•i ill n T11'L��M convenience of the parties, 1hey 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 regarding 4. In this contract, no more significant or stricter construction of any term or provision hereof shall be asserted against the county as drafter, 18. 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, Farmers Electric CSD2505fg-Horse Barn Electrical Upgrades — Page CONTRACTOR: Far Ele By: Caleb ooth, Managing Me beer License No. FARNME191OR8 UBI No, 602-925-985 "full Dated the e5� of . F. 1132025. ot§ N T 010' zi aqw:! Cn S cc .0w : SEAL .W� 0 vZk,t;jJF4 NGT ������w' Z ST: Barbara J Vasquez, Clerk ofle Board Approved as to form: By Barbara G. Duerbeek, WSBA 53946 Deputy Prosecuting Attorney Date: BOARD OF COUNTY COMNUSSIONEIIS GRANT COUNTY, V064INGTON Cindy Carter, Vice -Chair A ) Kevin Bur I gess, Mw6ber Farmers Electric CO2505fg-Horse Barn Electrical Upgrades — Page