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HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceDIN w9KIMI "PREIIS CONTRACT ("Contract"), entered into by and bet ween GRANT COUNTY, duly organized and operating tmder and by virtue of the Constitution and the laws of the State of 'Washington, ("Co-unty"), and, Farniers Electric 11 LLC, a corporation duly formed and doing business in the State of Washington ("Contractor"). In consideration} of the mutual pronfises and covenants contained herein, the parties hereto agree as follows: Work of Contract/ co, of Work, The purpose of the Grant County Roof Wiring project is to raise the wring and devices that feed the five rooftop HVAC units above the height the new roof system will be once completed,. The completed project will satisfy NEC requirements, $cope: The contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else is necessary to accomplish the following: Contractor will be responsible supplying and installing multi plex cable and support materials from the breaker panel to the five HVAC units on the roof. 0 Contractor will be responsi blesupplying and in -stalling five 120v service outlets., one on each roof top hvac unit, 0 Contractor will penetrate the roof at each HVAC location to connect ,the new cables. 0 Contractor will supply all permits,, hardware, supplies, and materials for the project. Contractor shall be responsible -transportation, and disposal of all project related materials, and equipment, 0 Barricades, 'tape car other methods to effectively notify employees and, customers of hazards and or prevent access to areas the project work is being executed. a Materials, equipment and means to capture materials loosened and dislodged during the project. Removal and disposal of all waste generated by the project, Associated waste disposal costs are the ' i responsibility of the contractor, a Clean up of all areas affected by work related to job, 0 Successful contractor will coordinate with project manager regarding when and the time needed to complete demolition and construction to allow safe access for customers and employees. 0 Containers to properly store and haul :all job-related materials, solid and liquid, for disposal. 0 Contractor will supply a written safety plan which will include fall protection measures, lift plans, and keeping building access doorways safe. IVISDS are to be provided and available by the contractor upon demand and on Site for any chemicals brought on site. Work can be done during normal business hours The tenni "work" shall mean all work individually and/or collectively performed by the, Contractor dtiring the project. 1. Proiect Sites. The work shall be accomplished upon the real property conunonly known and situated on or about 1525 -Wheeler Road in Moses Lake, Washington. Wheeler Road Roof Wiring R EF'"CE-EAN i,'E D APR 2 2 2022 °h 3z�y �4 ��� f�.F Iron , [( IN -RS A' 2. Date of Commemeement and Date ofCoMpletion. The Contractor shall commence the work described herein upon receiving notice t1roceed from the County. Substantial completion of -the work shall occur on, or before May 31,X 2022 or at such -other time as may be mutually agreed upon by the parties. In any event, Contractor shall not comnie.-nce construction until notice to proceed has been provided by the County. The Contractor shall obtain all necessary permits prior to the commencernent of an)7 work. 3. Contract Sum and. 'rerms. The agreed, Contract sum, except for provisions set forth below in Paragraph 14, aad, with payment of such, Contract Sum sujest to provisions set forth, below In Paragraphs 9 and. 12, aad/o r any other provision contained within the Contract which may, affect such Contract Sum to be paid to Contractor, is as follows. - Subtotal, $13,855.00 Washillgon 'State Sales Tax $1. 1,63.82 Total S,$151018.82 Retainage NA The Contract sum shall, be $1.5,018.82 1* ncluding all applicable -taxes any additional costs resulting from jurisd,iotional requirements maintained by an additional authority; P - ermit costs as needed- and , all materials and/or labor to complete the scope of work described herein is the responsibility of the Contractor, Contractor shall submit a single billing statement and/or invoice to the County at the completion of the project. Such billing statement and/or invoice shall set out the nature of work- perfonned, as well as the time aii.diiiaterialsinvolved 'l'n such work, or percentage, of work completed as mutually agreed upon by the Contractor and the County. The Comity will pay such statement and/or invoice within thirty (30) days of receipt, 4. Performance and Pmerit :fonds: NA 5. Ret 0- NA 6. Inden-mity mid Hold Hamiless. The Contractor shall defend, indenuiffy and hold the County, its officers, officials, employees and volunteers harmlessfrom 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. dainages caused by the sole negligence of the County, It is further specifically and expressly understood that the indemnifi.1ion provided. v"ded herein constitutes the Contractors s waiver o f imintRu" ty wader Industrial Insurance, title 5 1 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. 7. Insurance. The Contractor shall procure and maintain for the duration of this contract, insurance against olaims 'fori,',11J* urie S to persons or damage top roper which may arise from or in Wheeler Road Roof it connection With the perforBance of the work hereunder bythe Contractor., its agents, representatiVes, employees or subcontractors. The Contractor shall provide a Certification of Insurance evidenchig: A Automobile Liability insurance with limits no less than $ 1 000,000 combined single limit per accident for bodily injury and property damage; and Commercial General Liabilitjnsuranee written on, an ocQurrence basis with limits no less than $ 1,000,000 combined single limit per occurrence and $ 1,000,000 aggregate for personal injury, bodily injury and properly damage. Coverage shall U*Iclude but not be limited to blanket contractual; products/competed operations; broad -form property damage; explosion, collapse and underground (XCU)if applicable; and employer's liability, Worker's Compensation. -insurance at -the lin ifis established by the State of Washlington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The County shall be named as an additional insured on the insurance policy, 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 Cern tate oflnsurance,, The Contractor's insurance shall be primary insurance with respect, the County and the County shall be given thirty (3-0) days prior written notice of any cancellation, suspension or material change incoverage. 8. Payments Withheld. The County may withhold or, on account of subsequently -discovered e 'de vi nce, nullify the whole or part of any payment to such extent as inay be necessary to protect Countyr from loss ordura. ge for reasons including but not limitQd to.* o Work not in accordance with the Contract; 9 Reasonable evidence that, the work required by the Contract cannot be completed, for the unpaid balance of the contract sunt, 9 Work by the County to correct defective work or complete the work-, o Failure by the Contractor to perform M" accordance with the Contract-, or. o Cost or liability that may occur to the County as the result of Contractor's fault or negligent acts or omissions. PROVIDED: In any case where part or all of a payment is going to be wid-Aield for unsatisfact,my Performance, the County shall notify Contractor in accordance with RCW 39,76-011 (U). 9. Authority of Co , If the Contractor fails to perform the work according to requirements of the Contract Document, the County shall provide Avn*tten notice of the deficiency to the Contractor and Contractor shall have seven days to correct the deficiency in the work. If -the Contractor falls to Correct the deficiency in the work within the seven day period or to ta:k-e and continue all appropriate Wheeler Road, Roof Wiring steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven period, tb day e County may, without preJ`u,,-d1ee to other remedies, (a) use County forces, other , contractors, or other means to make good the Contractor's deficiency and (b) deduct from the Contractor's payments the cost of such effort. 10, Warranty, of Construction. In. addition. to any special waffanties provided elsewhere In the Contract Documont and/or compani ion or applicable documents, the Contractor waffants that all Nvorle, conforms to the requirements of the Contract and. is free of any defectin. equipment, rnaterial, or design furnished, or, worlananship performed by Contractor. With respect to all wairanties, express or implied, for work Perfonned or materials ffirnished according to the Contract, and/or companion or applicable documents, the Contractor shall: * Obta:in all warranties that would be given in normal conmmercial practice- * Require all warranties to be executed, in writ n; for the benefit of the County; and 9 Enforce all w=anties for the benefit of the County, if directed by the Coath y, including any subcontractor's,, nianufacturers, or supplier's warranty that extends beyond the period specified in the Contract. The obligations, under this Section shall. survive completion., the Successors and, Assigns, i * ne County and Contractor respectively 'bindthemselves, their partners,, successors, assigns, and legal representatwes to the other party hereto and to partners,,, successors, assigns and lei al representatives of such other party in respect to covenants, agreemen, ts, ,and obli gat4 ions contained in the Contract. Neither party shall assign the work without written consent of the other. If eitherparty attempts to make such an, asci glunentwithout Such consent,, that patty shall nevertheless reinain legally responsible for all obligations set forth in theContract. 12, Cha in Work.The County may, at, any time and without notice to Contractor's surety,, IN 1 4 order additions, deletions revi.sions., or other changes in the work. These changes in the work shall P I be incorporated into the Contract Document through the execution of Change Orders, If zMy change in the work ordered by County causes an increase or decrease in the Contract Sum or the time of performance, an equitable a4justnient shall be made, and such adjustments(s) shall be incolporated into a Change Order. If the County desires to order a change in the work, it inay request a written Change Order proposal from Contraotor. Contractor shall submit Change Order proposal within 14 days of the request from roin the 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 an- y adjust ►,entin the contract sum ortime of performance, and including, compensation for all delays in comnee-tion 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 Cbmge Order proposal, or a request for equitable adjustment in the contract sum or time of perfon-nance, or both, the County may accept or rqJect the proposal, request further Wbeeler Road Roof Wiring docLunentation, or negotiate acceptable terms with Contractor. Pending agreement on the terms of the Change Order, the County may direct Contractor to proceedimmediately with the Change Order work. Contractor shall. not proceed with any change in the work until it has obtained the County's approval, All work done pursuant to any County -directed change in the work shall be executed in accordance with the Contract. 13, No Agenc yRelafionship. Neither the Contract, 'nor any agreement implied. therefrom, constitutes the Contractor as an agent or legal. representative of the Co -Linty for any purpose whatsoever, and the relationship of the ContractoT to the County by reason of 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 the narne of the County or to bind the County 'in any mamwr or thing whatsoever. 14. Clea R Contractor shall at all times, keep the project site, including hauling routes, infrastrudUTCS, utilities, and storage areas, free from acoLunulations of waste materl"als. Before coinpleting the work, Contractor shall remove from the premises its rubbish, tools, scaffolding, equipment, and. materials. Upon completing the, Work, Contractor shall leave the project site in a clean., neat, and orderly condition satisfactory to the County. If Coatractor -fails to clean up as provided herein, and after reasonable notice from the County, the County may do so mid the cost thereof shall be charged to Contractor, # ontract, shall be held to , be valid, 15. Survival. In the event any clause or provision of this C then the remaining clauses and provisions shall nevertheless be. and remain in fill force and effect. 16, Entire,, Agreement. ThC e ontract embodies the entirc ae-,-m greent'betweontliepat-t'les, all other agreements, oral or written, are hereby merged into and superseded. by the Contract. 'rhere are no other agreements whieli tnodi: l or affect the ternis hereof: 'No amn endment hereto shall be binding unless the terms thereof axe in writing signed by both parties. Ti'me is of time essence. No verbal or other agreements modify or affect the 17. Explanation of Documents., The Contract been fully reviewed. by the Contractor. The Contractor has had -die opportunity -to consult with legal counsel as to the legal effect of the Contract. 18. Notices. All notices which m4v be required pursuant to the terms hereof are to be in writing and delivered personally to the pm-ty to receive the same or mailed by regular mail,postage prepaid to time address specified adjacent to the parties' signatures. All notices, shall be deemed served upon delivery thereof or three (3) days following deposit of the notice in the U'S, mails as required hereiTI, 19, H,ead'j',iias,.Co-,n,s-tilue�tion- 'rhe headings of the sectionsand paragraphs awe inserted solely for the convenience of the parties and are not a part of and. are not intended to gove.rn, limit or aid in the construction of any teni-i or provision hereof. In construing the pzaties' intent with regard to this contract, no greater or stricter construction of any term or provision hereof shall be asserted against the County as drafter. Wheeler Road Roof Wiring tit ol�', or relating to , zu Disputes, Attonius' Fees. In any controversy, clam ' or dispute arising o this contract or the method and manner of performance thereof or the breach thereof., the prevailm*g panty shall be entitled to'be awarded its reasonable attorney's fees in addition. to such other damages as are appropriate, If neither party wholly prevails, the party that substantially prevails, shall be wAlarded its reasonable attorneys' fees as litigation expenses. For the purposes of thi's provision, the terms "proceeding" and "litigation" shall include arbitration, adi-11iral strative, bankrLiptcy, and judicial proceedings, including appeals therefrom. For Purposes of this contract, the actual attorneys' Fees i.culled shall be deemed "reasonable". 21. Governing Law, 'Venue. The Performance mid interpretation of the. Contract Document shall be governed and interpreted in accordance with the laws of the State of Washington. Any litigation arising out of or in. cont-iection with this Contractshall be conducted in Grant County, Washington. Wheeler Road Roof Wiring of Dated the 'A Let t 20220 it CONTRACTOR:,/' Farmers Eleotfic 11 LLC =11 LicenseNo. FARM EE191OR8 UBI. No, 602 92 5 985 BOARD OF COUNTY COMMISSJONERS GR,.- T- COUNTY 'WAS 'NGTON .Mau Dran., S.'to..... laix CindyCm-tern-- A-, iem'b' Rob VI2022. Dated the- ')U —of 9, I'll -11,► Bar 'li ue , Vasqz Cilk the Board Approved as to form: By Kevin MICraC Proseouting Attorney Date:, �il ./ 04;� Wheeler load Roof Wirbig FARMELE-02 JBRAVO CERTIFICATE OF LIABILITY L ITY INSURANCE DATE (MM/DD/YYYY) 3/30/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Basin Pacific Insurance &Benefits 6816 W Rio Grande Ave, Ste C120 Kennewick WA 99336 � CONTACT NAME: PHONE -- -- - ---- ----- - - ---------------- - _-- FAX - ----- ---- (A/C, No, Ext): (509) -735-7506 - (A/C, No): (509) 491-3322 MAIL Simonsonnnbasin acific.com ADDRESS: g l� P INSURER(S)-AFFORDING COVERAGE _ NAIC # COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR _ INSURER A : The Cincinnati Indemnity-_ Company 23280 EPP 0599945 INSURED INSURER B: Capitol Specialty ins Corp _ _ 10328 _— INSURER C: _- Farmers Electric II, LLC 30 E Hemlock St Othello, WA 99344 INSURER D: ---------------------------------------- MED EXP (Anv oneperson) _ 55000 INSURER E INSURER F: COVERAGES CERTIFICATE NUMRFR- RFVIGInti M1IMFZI=a- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF S_UC__HPOLICIES. LIMITS SHOWN VE _WN _MAY HABEEN RE_ DUCED BY PAID CLA_ IM_S_.___ INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EPP 0599945 1/1/2022 1/1/2023 EACH OCCURRENCE $ 1,0001000 _ DAMAGE TO RENTED PREMISES (Ea occurrences 100,000 $ MED EXP (Anv oneperson) _ 55000 PERSONAL & ADV INJURY - - ---------- - ----- ------ $11000,000 - - ------ AGGREGATE LIMIT APPLIES PER: POLICY FX I E � LOC GEN'L ,— _ GENERAL AGGREGATE $ 21000,000 PRODUCTS - COMP/OP AGG $ 23000,000 WA STOP GAP $ 11000,000 OTHER: A AUTOMOBILE — -- X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS EPP 0599945 1/1/2022 1/1/2023 COMBINED SINGLE LIMIT --(Ea accident)___--- ___ BODILYINJURYJEerperson)_ — -- — 11000,000 $ BODILY INJURY Per accident $ _ $ HIRED NON -OWNED AUTOS ONLY _ AUTOS ONLY PROPERTY DAMAGE Per accident A X UMBRELLA LIAB - X OCCUR EACH OCCURRENCE $ 41000,000 EXCESS LIAB __�_JDED CLAIMS -MADE EPP 0599945 1/1/2022 1/1/2023 AGGREGATE $ 41000,000 RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE (- OFFICER/MEMBER EXCLUDED? L (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A EPP 0599945 1/112022 1/1/2023 XI PER OTH- ___STATUTE _ _. ER E.L. EACH ACCIDENT - - -- 1 $ 000 OOO , , E.L. DISEASE - EA_E___M_ EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 11000,000 $ B Pollution Liability EV -20200412-02 5/14/2021 5/14/2022 Each incident/Agg 110007000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) t.#R:K 11rIL#A I t rIUL.Ut: K CANCELLATION Proof of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �� 6 rt_� ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FARMERS ELECTRIC [ILLC https-,//sec'ure,.Itii.wa,gov/verifv/Details/liabilityCortificate.aspx?UBI... V Department of Labor & Industries Irl Certificate of Workers' Compensation (overagi,. April 21,, 2022 WA UBI No. 602925985 L&I Account ID 186,315-00 Legal BusinessName. FARMERS ELECTRIC 11 LLC Doing Susiness,As FARMERS ELECTRIC 11 UC Workers' Comp Premium Status., Account is current. Estimated Workers Reported Quarter 4 of Year 2021 7 to 10 Workers"' (See Description Below) Account Representative Employer Services Help Line, (360) 902-4817 Ljoensed Contractor? Yes License No, FARMEE191OR8 License Expiration 01/07/2024 What does "Estinlated Workers Reported" mean7 n I Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter -A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51,16. t0 1 of 1 4/21/20223 4:1.3 PM