HomeMy WebLinkAboutAgreements/Contracts - Central ServicesCONTI2t1CT
TI-IIS CON TR-ACT ("Contract"), entered into by and belween GRANT COUNT , duly
organized and operating undor atid by vIrtue of the Constitubon and the laws of the State of
Washington, (`i�ounty"), and FARMERS ELECTRTC 11 LLC. a limited liability corp. oration
duly formed and doing business in. the State of Washington ("Contractor").
In consideration of the inutual promises and covenants contained lierein, the parties
bereto agree as follows:
Work of Contract/S cope of Work. The Contractor shall do all work and'-finnish all tools.,
inaterials, equipinent, ean, d things of every description, aecessary to co-r-nplete the tasks and. scope
of work. as per the request for bids, and this contract for the Grant, County'Fairgrow.Ws Barn 46
Electrical Upgrades CSD 2203.1-'g.
Alln
Contractor will be responsible to:
I Provide electrical wiring in conduit foltowing the path of recently installed water
lilies. Or as agreedupon by the County and the Con, tractor,
2, Verify the wire size to panels is sufficient for this alp plica-tion.
3, Provide the, number of breakers required and th,e. number of circuits required for
the total, number of outlets requested.
4. If there is a need to bring a new feed. from the trcansforni.er to a panel, contractor
will coordinate with the Grant County PUD for connects or disconnects.
5., Any excavation and back -fill is the responsibility of tli.e contractor.
6. Provide CTF1 oi) each circuit.
7. Provide weatherproof single gang receptacle for 2,Oa outlets.
8. Apply or perinits, coordinate inspections, aind perform all work as per the NEC
9. Per'.Form the work. as intended. in the bid document Girant County Fairgrounds
Barn 46 Electrical Upgrades rb-CSD 2203f'gr
Contractor sball leave the prQject site In, a clean conditionwith. call debris recovered and removed.
The term "work" shall mean all work individ
ial ly and/or collectiI
vely- porfon-ned by the
Contractor during the prQject.
2, P, wrg' alSite. The work shall beaccon-iplished Upon the real propertycoi-nillorily known
and situated on or about as 3953 Airway Dr. NE (County Fairgrounds) Moses Lake,
Wash ingtwi, or as may be more specifically directed. at the sole discretion of the County,
1)
Date of Colllniepceiiipnt and Date of Completion. The Contractor shall conim.ence the
. e. I
work described herein upon receiving notice to proceed frorn the County, Substanti.al
completion of the work, shall ' occur at such othor time as may be mutually agreed upon by the
parties. In any event, Contractor shall not commence construction untilnotice to proceed has. been
provided by the Colanty. The Contractor slia.1.1 obtain all necessary permits/bonds prior to the
Yartners Electric Bam 46-47 electrical -upgrades contract.., I
commencement of any work.
4. Contract Sum and Terms. The agrood Contract sum, except for provi'sions set forth below
in Paragraph 14, and with paymQnt of such Contract Sum subject to provisions set forth'below
in Paragraphs 9 and 12, andlor any other provision contained within the Cunb-act -which may af-fect
such Contract Sum to be paid to Contractor, is as follows:
I—SU-6tal $53452,001
Washington State* S�fes Tax 8.2% . $4,383.06 .. ........ ...
.... . . . . ..... . .................. . . . ......
Total $58�835.06
—ketainage (5% of Subtotal)--- $2fi72.60 ti
5% retainage is required as are intents and affidavits to Washington State Labor and Industries.
Contract is over $35,000 requiring a. notice of completion to be 'filed and approvedbefore
releas-ing retainage.
Contractor shall submit a monthly billing statement and/o'r luvoice to the -County, Such billing
statement and/or invoice. shall set out the nature of work pei-fbmied, as -well as the time and
materials invol-ved in such work or pementage of work completed as mutually agreed Upo.n by
the Cont-ractor and. the County. The County will P3Y SUch statement a-n&or invoice witbin thirty
(30) days of receipt.
5. Performance and Payment Bondsy Required, for this project.
6, R-otainage: Rqyired for, this project..
'I d
7. Indemnity and Hold .1-1a,ri-nIcss. TheContractor shall defend, inde,M nify and ho the
CoLaty, its Officers, Officials." einploy-ees and volunteers harmless from any and all. claims, injuries,
damages, losses or suits, iiietuding attorney fees, arising out of or in connection wi,th the
perfoimance of the con -tract, e=Cpt fOr iDJUries and. damages ca-used. by the sole negligence of
the County.
It is ftirther specifically and expressly understood that the Indemnification provided hei-ein
constitutes the 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 part-ics.
The prov.1sion. S of this section steal . I survive the expiration of termination of this contract.
Insurance, The Contractor shall procure and maintain for the duration of this contract,
ins-unance against claims for injuries to persons or damage to,property which may arise from or
in comiection with. the perffirniance of the work herounder by the Contractor, its agents,
representatives, ernployees or subcontractors, The Contractor shall, provide a Certification of
o
Insurance evidencing:
a. Automobile Liability insurance with limits no less than $1 000,000 combined
single limit per accident for bodily h1jury and propertydamage; and
Farmcrs'.Elcctric Bam 46-47 electrical upg, rades contract... — Page 2
b. Commercial Goner at Liability insurance wiitten on an occurrence basis Avith limits
no less than $ 1 000,00.0 Combined single limit per occurrence and $1 n000,000
aggregate for personal injury, bodily 14JUry and property damage. Coverage shall
I
include but ,.not be limited to: blanket contractual; products/competed op, tratiolls
broad form property damage; explosion, collapse &nd underground. (XCU) if
applicable; rand employer's liability.
C, Worker's Com
......pensation. insurance at the lin-ilts, established by the State of
Washing I gton.
41�
Any payment of deductible or self -insured retention shall be the sole responsibility of the
Contractor. The County ,shall be named as an additional l.nsured on the insurance policy, as
respects work perforined by or on behalf of the Contractor and a. copy of the endorsement
naming the county as additional insured shall be attached to the Ceitificate of Ins-urance, The
Contractor's insurance shall, be prirnary insurance with respect the Coinity and the County shall
bo givon thirty (30) days prior written 7aotice of any canceliation, suspension or -material change
in coverage.
9. Payments Witl,�.ield. The County may withhold or, on account of subsequently
discovered evidence, nullify the whole or part of any payment to such extent as may be
necessary to protect CO -Unity from loss or damage for reasons, includii:i.g but not limited to.:
a Work not in accordance with the Contract;
bu Reasonable evidence that the work required by the Contract cannot be completed
for th, e unpa-id balance of the contract sum;
o. Work by the County to correct def"ective work or complet.Q the work;
d Failure by the Contractorto perform in accordance with the Contraot. or
e. Cost or liability that may occur to the County as the result of Contractor's
faultor negligent acts or amisssions,
PROVIDED., In any case where part or all of a payment is going to be witlibeld for
unsati s factory porfonriance, the County shall notify Contractor in accordance witli RCW
39.76.01 1(b).
10. Authority Of COLInty. if the Contractor fails to perforin the work according to
requirements of tl-ie Contract Docuinent, the County shall provide -written notice of the deficiency
to the Contractor and C ontractorsh all have seven days to coiTect the deficiency in. the work. If the
Contractor fails to correct the deficiency in the -work within the seven. day period or to take and
continue all appropriate steps to ill.itiate tho corrections in the event Corrections cannot be
reasonably con-ipleted in the seven day pi .erod, the County may, without prejudice to other
1 -1
"a i Tuens Electric Bam 46-47 electrical upgrades contract— -- Page 3
rcnnedies, (a.) use County forces, other contraotors, or othQr ircans to make good the Contractor's
deficiency and (b) deduct from the Contractor's payments the cost of such effoi-t.
IL Warraiity_��f ConstrLICti011. In addition to any special warranties provided elsewhere in
the Contract Document wid/or cornpailion. or applicable documents, th.e Contractor warrants that
all work coiifonus to the req-airements of the Contract and is free of any defect in equipment,
material, or design. fumi.shed., or workmanship perfornied by Contractor.
With respect to all warranties, express or implied, for work performed or materials ftirnished
amordin. g to the Contract, and/or companion or applicable doCL1111entS, the Contractor shall:
& Obtain all warranties that would be given in -normal com.niercial practice;
b. Require all warranties to be executed, in writing, for the benefit of the County, -,I and
o, Enforce all warrantles for the benefia of flic County, if directed by the County,
including any subcontractor's, manufact-urers, or su-pplier's wa..rranty that extends beyond
the period specified. in the Contract..
d The obligations under this Section shall sLirvive completioii.
12. Successors and Assisms. The County, acid Contractor respectively bind thernselves, their
partners, successors., assigns, and legal representatives to the other party hereto and. to partners,
successors, assigns and legal representatives Of SLICh other party in. respect to covenants,
agreenjents, and obligations contained. in the Contract. Neither party shall assign the -work
-without written consent of the other.. If eithor party attempts to inake such au assigniawnt without
such con silt, that party shall nevertheless remain legally responsible for all obligations set forth
in the Contract.
13. Cha.n2es in Work. The County may, at avy tits and, without notice to Contractors,
surety, order additions, deletions, revisions, or other chang,es in the work. These changes in the,
work shall be incorporated Into tbe Contract Document thi-ough the execution of Change Orders,
If any change in. the work ordered by CoLmuty causes an increase or decreasein the Contract Su na
or the time of performance, an equitable adjustment shall be made, and such adjustments(s) shall
be ilicorporated into a Change Order.
If the County desires to order a change in the work-, it may recluest a written Change Order
proposal from -Contractor. Contractor shall submit a Change Order Proposal within 14 days of
the request from the County, or withi:ti such other period as mutually agreed. Contractor's
Chajige Order proposal shall include full compensation -for implementing the proposed chaage
in tho, work, including any adjustment in the contract sun or time of performance, and including
compensation for all delays in connection with such change in the wofk 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 in the contract suni or tinic of` performance, or both, the County may accept or reject
the proposal, request further documentation., or negotiate acceptable terms with Contractor.
Fanners Electric Barn 46-47 electrical upgrades contract... — P'age 4
Pending agreement on. the terms of the Change. Order, the County may direct Contractor to
proceed immediately with the ,Chan ge. Order work, Contractor shall. not -proceed with any change
in the work until it has obtained the County's approval. AII work done pursuant to any County -
directed change in the work shall be execitted in accordance with the Contract.
14. No Agency Relationship, Neither the Contract, nor any agreenientImplied therefrom,
constitutes the Contractor as an agent or legal representative of the Caunty -for any pug pose
"'
whatsoever, and the relatioti.ship of the Con -tractor to the Coulity by reason of the Contract
"Docurnent sbal I be that of an independent contractor. The Contractor is ii ot granted any express or
implied, n ,lit or authority to asswiw or create any obligation. or responsibility on behalf of or I'll
thenaine of the County or to bind the County in any manner or thingwhatsoover.
15. Clean Up. Contractor shall at all times, keep the project site, includinghauling routes'
infrastructures, litilities, and storage areas, free from ace-urnulations of waste rnaterial.s. Before
completing the work, Contractor shall remove from the premises its rabbish., tools, scaffolding
equipment, and materials. Upon, completing the 'Work, Contractor shall leave the prQject site in
a clean, neat, and orderly condition satrisfactory to the County. If Contractor fails to clean tip as
provided herein, and after reasonable notice from the County, the County n.iay do so and. the
cost thereof shall be charged to Contractor.
16. Sur'vival. Ih the eN,,ent agay clause or pro visiot.-i of this Con tract AC be held to be invalid,
then the remaining clauses and provisions shall nevertheless be zuid remain in full force and.
effect.
17. Entire Agreement. The Contract embodies the entire agreement between the parnica, all
other agreements, oral or written, are hereby merged into and sijperseded by the Contract. There
are no other agreements which modify or affect the ternas hereof No atnendnient hereto shall
be binding unless the terms thereof are in writing signed by -both parties. Time is of the essence.
No verbal or other agreeinents modify or affect the Contract.
18. Explanation of Documents. The Contract, been fully reviewed by the Contractor. The
Contractor has had the opportunity to consult with legal counsel. as to the legal effect of the
Contract.
19. Notices, All, notices whicb may be required pursuant, to the tenns hefoof are to be in
wdtiqu and deliVeTed lvrsonally to the party to receive the same or mailed by regular mai'l,
postage prepaid to the address specified adjacent to the parties' signatures. A.11 notices shall be
de.elned served, upon delivery thereof or three (3) days following deposit ofthe notice in the U.S.
mails as required herein.
2Q, Headimas, Construction, The headings of the sections and paragraphs are inserted solely
for the coftvenience of the parties and are not a part of and are not intended to govern, unlit, or aid
in the construction of any term or provision hereof. In construing the parties' intent with regard to
Farmers Electric Barn 4647 electnical upcTrades con -tract.. - Page 5
In .
this. contract., no greater or stri.eter constaiction of any team or provision hereof shall be asserted
against the CO U.-tity as drafter.
21. DispLitesAtto.rneysFees, In any controversy, claim or dispute arising out of, or relating
to, this contract or the method and manner of performance thereof or the breach thereof, the
prevailing party shall b.e 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 awarded. its reasonable aftomeysfees a. s liti.gation. expenses, For the puq)oses
of this provision, the terni.s "proceeding" aftd "lifigatJon" shall inctude arbitration, administrative,
bankruptcy, andjudicial proceedings, incItid.ing appeals therefrom,, For purposes of this contract,
the actual attorneys" Fees in,cui-.red sliall be deemed "reasonable".
2. Govcmin� Law,.,Ym[C. The. performance and. interpretation of the Contract Document
shallbe govertied and interpreted in accordance with the laws of the State of Wash.in. gton. Any
litigation arising out of or -in connection mPith this Contract shall be conducted in Grant County,
Washington.
N
Farmers Electric an 46-47 clectrical Upgrades contract... — Page 6
� nA�A-
Dated the of
CONTRACTO-,R:
Faniiers Electric 11 L. L C
30 E. Hemlock
Othr,I]o WA, 9934"'
By. RRR
Booth, Cale*b, Managling Merriber
LicenseNo. FAR.MEE191OR8
UBI No. 602-925-98,5
Dated the of
AT S T:
asqu
Barb JJV
00,1,..-We, Board.'
Approve as to form:
By.
Ke-vin McCrae, Prosecuting Attorney
7 Date:
. .2022.
,2022.
BOARD OF COUNTY COMMISSIONERS
GRANI" COUNTY, WA HINGTON
Danny Stolfe-, Chair
Cindy Carter, ember
Fanners Electric Barn 46-47 deoftical upgrad-es contract... Nge 7