HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceK22--211 19
THIS CONTRACT ("Contract"), entered. into by and between GRANT COUNTY, duly
organized and operating under and by virtue of the Constitution and the laws of the State of
Washington, ("County"), and :Farmers Electric II, LLC, a corporation duly fornied and doing
business in the State of 'Washington ("Contractor").
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Inconsideration of the mutural promises and covenants contained 'herein, the parties hereto
agTee as follows:
Work of Contrac!/.&ope of Work.
The requirements of this Project, FM2213 LED Wash Lighting, at the Grant County facility in Ephrata Alva.
are as follows.
Scope: The contractor shall be responsible for the installation of the conduit and all necessary cabling and
wring and lighting fixtures and controls for 14 fixtures that are supplied by Grant County to have a functional
LED lighting system to Uwash" the exterior of the Historic Grant County Courthouse located at 35 C ST In
Ephrata, Wa.
Contractor will be responsible for informing and training employees on the equipment being worked on and
appropriate PPE.
The contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else is
necessary, to accomplish the following:
• Contractor shall be responsible for demolition, procurement, shipping and -transportation, installation,
and disposal of all project related materials, and equipment.
Supply panel for controls, conduit, fittings, wire, and cable to complete project.
Contractor will Install conduit fastening devices to light shelf with adhesives to any penetrations into
the terra cotta units on the building,
Contractor will install and wire
Contractor will install control panel and run a circuit to supply power ,to it from a breaker panel.
Contractor shall provide barricades, tape, or other methods to of notify employees and
customers 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 contractor.
• Contractor shall cleanup of all areas affected by 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.
MSDS are to be provided and available by the contractor upon demand and on site for any
chemicals brought on site.
• Note: Grant County will apply coatings to conduit and fittings that will be used and will provide the
programming for the operation of the lights.
The term "work" shall mean all work individually and/or collectively perfonned by the Contractor
during the project,
Fwmiers Electric I1, LLC Contract — Page I
1. Project sites. The work shall be accomplished -upon the real property commonly known and
situated on or about the Grant County Historic Courthouse at 35 C St NW, Ephrata, Washington,
2. Date of CoiYunencement and Date of Completion. The Contractor shall commence the work
described herein upon receiving notice to proceed from the County, Substantial completion of the
work shall occur on or before November 1, 2022, or at such other time as may be inutually agreed
iipon by the parties. In any event, Contractor shall not conunence construction until notice to proceed
has been provided by the County. The Contractor shall obtain all necessary permits prior to the
commencement of any work.
3. Contract Sinn arid Terrns. The agrced Contract sum, except for pi-ovislions set forth belowin,
'Paragraph 14, and with payment of such Contract Sum subject to provisions set forth below'in
Paragraphs 9 and 12, and/or any other provision contained within the Contractwbicb may affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal $46,91 o0
Washington State Sales Tax $3,94 L 1, 1
Total
$50,85'9.11.
Retainage $2,345.90
The Contract sunisball be $50,859.11 including all applicable taxes any additional costs resulting
from Jurisdictional requirements maintained by an additional authority; pc=-ift costs as -needed; and,
all materials and/or labor to complete the scope of work described herein is the responsibility of the
Contractor.
5% retainage is required and intenas, and affidavits are required to be filed with Washington, State
Labor and Industries. If the contract is over $35,000, a, D.-OtiCe Of COMPleti011 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 workperfon-ned, as well
as the time and materials involved in such work or percentage of work oonipleted as mutually, agreed
upon by the Contractor and the County. The County will pay such statement and/or invoice within
thirty (3 0) days of receipt.
4. Performance and PUnient Bonds., Required for this project
5. Retainage: Rectuired for thi's project.
6. Indeinni1yandHold Harmless. The Contractor shall defend, indemnify, and hold the County,
its officers, officials, employees and volunteers harmless from any and all el. i *J ri
ly alms, mj tines, damages,
losses or suits. including attorney fees, an'sing out of or in connection with the performance of the
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contract, except for inj uries and damages caused by the sole negligence of the County.
It is ftirther specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity -under Ihdustrial Insurance, title 51, RCW, solely for
Farmers Electric U, LLC Contract — Pap 2
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 con -tract,
insurance against claims for injuries to persons or damage to property which may arise fi-om or in
connection with the performance of the work. hereunder by the Contraotorfts agents, representatives,,
employees or subcontractors. The Contractor shall provide a Certiffication of Insurance evidencing4-
Autoi.-nobile Liability insurance with,11mits -no Icss, than $ 1,000,000 combined single
limit per accident for bodily injury and property damage; and,
Conunercial General .Li bili insuranee written on an ocew-rence basis with limits no
less than $1,1000,000 combined single limit per occurrence and $ 1,000,000 aggregate
for personal i4jury, bodily injury and property damage, Coverage shall include but
not be limited to: blanket contractual; products/competed operations,; broad form,
property dan-iagq explosion, collapse and underground (XCU) if applicable- and
employer's habflity.
Worker's Compensation insurance at the limits established by the, State of
Washington.
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 insuTanoe policy, as respects work
perfoniied by or on behalf of the Contractor and a copy of the endorsement naming the county as
additional insured shall be attached to the Ceitificateof hisurance. The Con -tractor s insurance nsura= 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 incoverage.,
8.Payments,)LVithheld. The County may withhold or, on account of subsequently discovered
evidence, nullify the'Whole or pail of any payment to such extent as may be necessary to protect
County from loss or damage for reasons including but not limited to:
* Work not M' accordance with the Contract.
0 Reasonable evidence that the work required by the Contract can not be completed for
the unpaidbalance of the contract sum,
* Work by the County to correct defective work, or complete the work.
* Failureby the Contractor to perforin in accordance with the Colib-act; or
9 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 withheld for unsatisfactory
Performance, the County shall notify Contractor in. accordance with. RCS' 39.76.01 1(b).
Farmers Electfic H, LLC Contract — Pap 3
9. Authorny of Cmmty. If the Contractor falls to perfonn the work according to requirements
of the Contract Document, the County shall,provide wfitten 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
correct the deficiency in the work within the seven day period or to take and continue all appropriate
steps -to initiate the coir ectio ns 1n the event corrections cannot be reasonably completed in the seven
day period, the County may, wilbout prej.hidice to other remedies, (a) use County forces, other
contractors, or other meat -is to make good the Contractor's deficiency and (b) deduct from the
Contractor's payments the cost of such effort.
10. Warran of Const ruc-tion. In, addition -to any special warranties provided elsewhere in the
Contract Document and/or com, i
panion or applicable documents, the Contractorwarrants that all
work conforms to the requirements of the Contract and Is free of any def,.ect in equipment, material,
or design ftimished, or worknaanship perfonned by Contractor.
With respect to all warrarthes, express or implied, for work perform. ed or materials famished
# It documents,
according to the Contract, and/or companion orapp'lica I we the Contractorshall:
0 Obtain all wmmnties that would be given in * I
notmal co 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 suppliers warranty that extends beyond the period
specified in the Contract,
The obligations under this Section shall sia-vive complebion,
11. Successors and Assigns, The County and Contractor respectively bind themselves, their
partners., successors, assigns, and legal representatives to the other party horet,o and to partners,
successors, assigns and, legal representatives of such other party in respect to covenants, agreements,
alid obligations contained in tbe Contract. Neither party shall assign the work without written
consent of the other. If either paTty attempts to make such an assignment without sucbconsent, that
party shall ne'veitheless remain legally responsible for all obligations set forth in theContract.
12. Changes in Work, The County may, at any time and withoutnotice to Contractor's surety,
order additions deletions, revisions, or other changes in the work. These changes in the work, hall
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be incorporated into the Contract Document through the execution of Change Orders. If any ebange
in the work ordered by County causes an increase or decrease in the Contract Suns or the time of
performance, an equitable adjustment shall be made, and such adjustments(s) shall be incorporated
into a Change Order.
If the Count y desires to order a charge in the work, it may request a,err itten Change Order proposal
from Contractor. Contractor sball submit a Change Order proposal within 14 days of the request
from the Cowity, or within such other period as mutually agreed, Contractor's Change Order
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proposal shall include full compensation for implementing the proposed change in the work-,
iiicluding any a4justnientlin the contract sum or time of performance, and including compensation
for all delays in connection with such chwage UI the work and for any expense or inconvenience,
disruption of schedule., or loss of efficiency or productivity occasioned by the change ire the work.
Upon receipt ofthe Change Order proposal, or a request for equitable a4justment in the contract sum
or time of performance, or both, the County may accept or reject the proposal, request further
docurnei.i:tation, or negotiate acceptable to ns with Contractor. Pending agreement on tine 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 or until it has obtained the County's
approval. All work. done purs-Luant to any County -directed change in the work, shall be executed, M'
accordance with the Contract.
13, No AgencyRelationsl 4 1M 0 Nei 'ther -the Contract, nor any agreement implied 'therefrom
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the relationship ofthe Contractor to the County by reason. ofthe Contract Document
shall be that of an independent contractor, The Contractor is not granted any express or implied right
or autholl"ty to assume or create any obligationor responsibility on behalf of or 141 the name ofthe
County or to bind the County in any manner or thing -whatsoever.
14. Cle,anUp, Contractor shall at all times, keep the project site, including hauliiig routes,
hifrastructures, utilities, a storage areas, free from accumulatIons of waste matell'als. Before
completing the -work, Contractor shall remove from the premises its rubbish, tools, scaffolding,,
equipment, and materials. Upon coy pl.eting the Work, Contractor shall leave the pr 'ect site in a
clean neat, and orderly cond'tioL
I n satisfactory to the Coutq. if Contractor fails to clean up as
provided herein, and after reasonable notice from the County, the County may do so and the cost
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 neveitheless be and remain in full, force and effect,
16. Entire Aareernent. The Contract embodies the entire agreement bet wecn the parties, all other
agreements, oral or written, are hereby merged into and superseded by the Contract., There are no
other agreements which modify or affect the terms hereof No amendment hereto sballbebinding
unless the terms tbereof are in writing signed by both. parties, Time is of the essence. No verbal or
other agreements modify or affect the Contract.
17, Enlanation 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 partlies'signmatures. All notices shall be deemed served upon
delivery thereof or three (3) days following deposit ofthe, notice in the U. S. mails as -.required herein.
Fanners Electric 11, LLC Contract — Page 5
19, Headings,_Construction, The headings gs, -of the sections and crag apps are inserted solely for
the convenience of the parties and are not a part of and are not intended to govem, limit or aid in the
constraction of any term or provision hereof hi construing the parties' intent witli regard to this
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contract no gre;:,tter or stricter construction of any term or provision hereof shall be asserted, against
the County as drafter,
20. "rove min 0
,gL,a,w,, Venue. The performance and interpretation ofthe Contract Doc-anient sball
be governed and interpreted.in accordance with the laws of the State of Washington. Any litigation
arising out of or in. comiection with this Contract shall be, conducted in Grant County, Washington.
Fan.-ners Electric H, LLC Contract — Page 6
Dated the 4?e of
CONTRACTOR:
Farmers Electric II, LLC
By:
License No. FARMEE19 IOR8
UBI No. 602-925-985
Dated the -of .......... 2.02 L
Approved as to form:
B-
Kevin Me , rae
Deputy Prosecutiu Afor ney
BOA RI) OF COUNTY COMMISSIONERS
GRA " T COUNTY, WASHINGTON
Dannv Sty d'e. Chair
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