HomeMy WebLinkAboutAgreements/Contracts - Facilities & Maintenanceoil ry'r
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CONTRACT
THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly
organized and Operating under and by virtue of the C.'
onstitution and the laws of the State of
Washington, ("County"), and Cortez Fencing LLC, a corporation duly formed and doing business
in the State of Washington (""'Contractor").
In consideration of the Mutual proniises and covenants contained herein, agree as follows: e the parties hereto
Work Of Contrnnt/SCope P—t'work.
The requirements of this Project, Fence Replacement at the Grant County Health District facility in Moses
Lake are as follows,
Scope.- The contractor shall be responsible for the removal and disposal of the existing fence, and the complete
installation of a new 6 -foot -tall chain link fence at the Health District Facility located at 1038 Ivy St in Moses
Lake Wa. Permits and inspections for theproject shall be procured and scheduled by the contractor.
Contractor will be responsible for informing and training employees on the equipment being worked on and
appropriate PPE.
The contractor shall provide all material, laborequipment, tools, supervision and whatsoever else is
necessary to accomplish the following, ,
• Contractor shall be responsible for demolition, procurement, shipping and.transportationi installation,
and disposal of all project related materials, and equipment,
• Removal and disposal of existing fence,
• Supply all fencing posts and gate and other materials as stated in Cortez Fencing Quote 3898.
• Grant County will provide unimpeded access to the work area,
• Contractor shall provide barricades, tape, or other methods to memployees and
effectively notify
Custoers of hazards, and or prevent access to areas the project work is being executed.
Contractor shall be responsible for the removal and disposal of all waste generated by the project.
Associated waste disposal costs are the responsibility of the c
• Contractor shall cleanup of all areas affected bontractor.
y work related to job.
• 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.
Containers to properly store and haul all job-related materials, solid and liquid, for disposal.
RSDS are to be provided and available by the contractor upon demand and on site for any
chemicals brought on site.
The term +`work" shall mean all work individually and/or collectively peg formed by the Contractor
during the project.
1. Project Sites. The work shall be accomplished upon the real property commonly known and
situated on or about the Grant County Health District at 1038 Ivy St, Moses Lake, Washington.
Date of Commencement and Date Of CQMPLetion. The Contractor shall commence the work
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described herein upon. receiving notice to proceed firom the County.. Substantial completion of the
work shall occur on or before November 1, 2021., or at such other ti Me as M.
ay be mutually agmed
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upon by the parties. In, any event, Contractor shall not commence construction until notice to proceed
has been provided by the County., The Contractor shall obtain M.1 necessary permits prior to the
commencement of any work.
3. Contract Spni and Terms, The agreed Contract sum, except,. for Provisions set forth below" in
Paragraph 14, and with payment of such Contract Sum sub`eot to provisions, set forth below in
Paragraphs 9: and 1. 2,,-gind/or any other provision contained within. the Contract which may affect such,
Contract Sum to be paid to Contractor, is as follows,
The Contract sum shall bo $4,341,42 includling all applicable taxes any additional costs resulting
from, ju:.risdie.t.ional requirements maintained by an additional authority- permit costs as needed- and
all maten"als and/or labor to. complete the scope, of work described herein is the responsibility of the
Contractor.
5% retainage has been waived, though Intents and'affidavits are still required, to be filed With
'Washington State Labor and Industries. If the contract is over $35,000, a notice of completion will
need be filed and approved with L before releasing retainage.
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 performed, as well
as the time and materials involved in such work or percentage of work completed as mutually agreed
upon by they Contractor and the County, The County will pay such. statement and/or invoice within
thirty, (30) days of receipt,
4. Performance and Payment Bonds: NA,
5. Retainne; NA.
6. Indemnity and Hold Harmless, The Contractor shall def end,indemnify, and hold the County,
its officers, officials, employees and volunteers harmless from any and all claims, injuriesdamages,
losses orsuits, including attorney f-ees, 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,pro i
He in
V d here*
constitutes the Contractor's waiver of ilumunty under Industrial Insurance, title 51 RCW, solely for
thepurposes of indenviffication. This walver has been mutually negotiated by the parties, The
provisions of this. section shall survive, the expiratio-n of terminetion, of this con -tract.
7. Insurance, The Contractor shall procure and maintain for the duration. of this contract,
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insurance against claims for injuries to persons or damage to property which :nay.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:
Automobile Liabil itLinsurance with limits no less than $ 1,000,000 combined single
limit per accident for bodily injury and property damage; and
• Commercial General Liability insurance written on an occurrence 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 property, damage., Coverage shall include but.
not be limited to: blanket contractual; products/competed operations,, broad for m..
propel y dainage; explosion, collapse and underground (XCU) if applicable; and
employer's liability.
Worker's Compensation insur, ance at, the limits established by the State of
Washington.
Any payment of deductible or self-insured, retentlion, shall be the sole responsibility ofthw Contractor,
The County shall be nam -ed 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; Certificate of Insurance. The Contractor's insurance shall
be primary insurance with respect the County and the County shall be, given thirty (30) days prior
written notice of any cancellation, suspension or material change in,coverage.
8. Pgy, mentsithheld. The County may withhold or, on account of S.'ubse-que'nfly discovered
e'denoe nullify the whole or part of any payment to such extent as may be necessary, to Protect
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County from. loss or damage f6r reasons including but not limited to,:
o Work not in accordance with, the Contract,
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o Reasonable evidence that the work req- 'red, by the Contract cannot be compt d for
the unpaid balance of the contract sum.
# Work by the County to correct defective work or complete thework,-,
o Failure by the Contractor to perfort-nin accordance with the Contract; or
o Cost or liabilit)r that may occur to the County as the, result of Contractor's faultor
negligent acts or omissions.
PROVIDED,: In any case where pan or all of a payment is going to be withheld for unsau'sfacto-ry
perfOrmance, the County shall notify Contractor in accordance, with RCW39.76.01 I (;b).
94, Authority of County, If the Contractorfa ils to perform the work according to, requirements
of the Contract Document, the County shall provide, written notice of the deficiency to the Contractor
and Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to
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correct the deficiency in the work within the seven day period or to take and continue all appropriate
steps to initiate the corrections in the event, corrections cannot be reasonably completed in the seven
day period, the County may, without prejudice 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 warranties provided elsewhere in the
Contract Document and/or companion or applicable documents., the Contractor warrants that all
work conforms to the requirements of the Contract and is free of any defect in equipment, material,
or design furnished!, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed, or materials furnished
according to the Contract, and/or companion or applicable documents, the 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 the County; and
• Enforce all warranties for the benefit of the County, if directed by the County, including
any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period
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specified in the Contract.
* The obligations under this Section shall survive completion.
11. Successors and Ass ins. The 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 the Contract. Neither -party shall assign the work -without written
consent, of the other. If either party attempts to make such an assignment without such consent, that
party shall nevertheless remain legally responsible for all obligations set forth, in theContract.
12. Changes in Work. The County may, at any time and without notice to Contractor'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 of Change Orders. If any change
in the work ordered by County causes an increase or decrease in the Contract Sum or the time of
performance, an equitable a(�Iustment 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 Contractor. Contractor shall, submit a Change Order proposal within 14 days of the request
from 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 any adjustment in the contract sunt or time of performance, and including compensation
for all delays in connection with Stich change in the work. and for any expense or inconveni-ence,
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 suns
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or time of performance, or both, the County may accept or reject the proposal, request further
documentation, or nepotiate acceptable ternis, with Contractor. Pending agreement on the terms of
the Change, Order, the County may direct Contractor to: proceed immediately 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, N'o Agency Relationsh ,r any agreem(-",,,nt implied therefrom,
jR, 'Neither the Contract, no
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the relationship of the contractor to the County by reason ofthe Contract Document
shall be that of an independent contractor,, 1"he Contractor is not granted any express or impfica, nght
or authority to assume or create any obligation or responsibility on behalf of or in the name ofthe
County or to bind the County in any manner or thing whatsoever
1.4. leanU. Contractor, shall at all times, keep the prof ect site, Including hauling routes,
infrastructures, utilities, and storage areas, free from accumulations, of waste materials, Before
completing 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, ncat,,and, orderly condition satisfactory to the County. If Contractor balls to clean up as
p "ded herein, and after reasonable notice from the County, the County may do so and the cost
pro I
thereof shall. be charged to Contractor.
15. Survival. In the event any 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.
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16, 'Entire Agreem erre. The Contract embodies, the entire agreement, oetween, the parties, all other
agreements, oral or written, are hereby merged into and supersedied by the, Contract. There are no
other agreements which modify or affect the, tens,hereof No amendment hereto, shall, be binding
unless the terms thereof are in writing signed by both parties. '17ime "I's of the essence. No verbal or
other agreements modify or affect the, Contract,,.
17, 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,
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 regular mail, postage prepaid
to the address specified adJacent to the parties" signatures. All notices shall be deemed served upon
delivery thereof or three (3) day'sfollowing. deposit of the notice in the U.S. mails as required herein,
19. Headings, Construction. The headings of the, sections and paragraphs are inserted solely for
the convenience of the parties and are not a part of acid are not intended to govern, limit or aid in the
construction of any term or provision hereof In construing the parties` intern with regard to this
contract, no greater or stricter construction of any term or provision hereof shall, be asserted against
the County as drafter,
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ZU. 12isputes. Attorneys� Fees. In any controversy. claim or dispute arising out of, or relating to,
this contract or the method and manner of performance tbereof or the breach thereof, the prevailing
party 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 s ubstanti ally prevails. shall be
aNvarded its reasonable attorneys! fees as litigation expenses. For the purposes of this provision, the
terms "Proceedincr" and "litigation" shall include arbitration, administrative. bank-ruptcy, and judicial
proceedings, including appeals therefrom. For purposes of this contract, the actual attorneysfees
incurred shall be deemed "reasonable".
G,oven' a La,%N-. V enue . The performance and interpretation of the Contract Document sW
be governed and interpreted in accordance with. the laws of the State ofWashington. Any litigation
min arisng out of or in connection N-%7ith this ContTact shall be conducted in Grant County, Washington.
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