HomeMy WebLinkAboutAgreements/Contracts - Central Services (002)K19-154 � ( I
. 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 North
Central Construction, ("Contractor"), a corporation.
In consideration of the mutual promises and covenants contained herein, the parties hereto agree as
follows:
1. Work of Contract/Scope of Work. The Contractor shall do all work and furnish all tools, materials,
equipment, and things of every description, necessary to complete the following tasks and scope of work:
a. Purchase and approval of building permit for. 365 F Street NW Ephrata WA 98823
b. Removal of existing sheet metal, fasteners, insulation on roof area.
C. Attach new r-11 mbi insulation,29 gauge sheet metal, and needed fasteners per building
code
d. All design, materials and construction must meet Washington State building codes.
e. Removal and disposal of all preexisting and unused materials from j obsite
2. Project Site. The work shall be accomplished upon the real property commonly known as 365 F
Street, Ephrata, Grant County, Washington, and as more specifically described in the Scope of Work set
forth above in Paragraph 1, and/or as. may be more specifically directed at the sole discretion of the
County.
3. Date of Commencement and Date of Completion. The Contractor shall commence construction
of the work described herein immediately following the full formation of a contract, the County is in
receivership of performance & Payment bonds, and the intent to file prevailing wage is accepted by
Labor and Industries. AND as mutually agreed upon by the Contractor and the County, provided all of
the necessary permits have been issued ffrequfiW) and the Contractor has been given notice to proceed by
the County. The Contractor shall have substantially completed all of the wort{ of the project on or before
th 21 St day after agreed start time between Contractor and Sheriff Office Representative.
3. Contract Sum and Terms. The agreed Contract Sum, including all Contractor compensation, except
for provisions set forth below in Paragraph 14, and with payment of such Contract Sum subject to
provisions set forth below in Paragraphs 6, 9, and 12, and/or any other provision contained within the
Contract which may affect such Contract Sum to be paid to Contractor, is as follows:
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 approved before releasing retainage.
Event/Task
Contract — Page 1
Amount I Tender
One single lump sum billing as shown below
Upon Completion
Subtotal
3 6,675.00
Ephrata Sales Tax 8.2%/
$3007.35
Total Contract Price
$ 39,682.35
Retainage Withheld (5% OF SUBTOTAL)
$ 1,833.75
Paid to Contractor Less Retainage
$ 37,798.60
4. Performance and Payment Bonds. The Contractor at its expense shall furnish performance and
payment bonds for 100% of the Contract Sum, including all Change Orders and state sales tax. The bonds
shall be in a form and from a surety acceptable to the County. PROVIDED: The Contractor shall promptly
furnish additional security required to protect the County and persons supplying labor or materials
required by the Proposal and Contract if: (a) The County has an objection to the surety; or (b) any surety
fails to furnish reports on its financial condition if requested by the County. The performance bond shall
remain in force for a period of at least two years after the Substantial Completion Date, with respect to
defective workmanship, equipment, and materials, and shall otherwise secure all other obligations of the
Contractor throughout all periods of limitation and repose.
5. Retainage and Bond Claim Rights. Pursuant to RCW 60.285 et seq., there will be reserved and
retained from monies earned by the Contractor on estimates during the progress of the work a sum equal
to five percent of the monies earned by the Contractor. Such retainage shall be used as a trust fund for the
protection and payment (1) to the State with respect to taxes imposedp ursuant to Title 82 RCW which
maybe due from such Contractor, and (2) of any person or persons, mechanic, subcontractor or materialman
who shall perform any labor upon such contract or the doing of said work, and all persons who shall supply
such person or persons or subcontractors with provisions or supplies for carrying on such work. Release
of retained percentage will be made 60 days after the Completion Date, or earlier as may be provided in
RCW 60.28.011(11), provided the following conditions are met:
a. Compliance with the requirements of RCW 60.28.021, RCW 60.28.051 and other parts of
the RCW.
Contract — Page 2
b. A release has been obtained from the Washington State Department ofRevenue, Labor and
Industries, & the Employment Security Dept.
C. No claims, as provided by law, have been filed against the retained percentage.
d. Affidavit of Wages Paid is on file with the County for the Contractor and all subcontractors.
In the event claims are filed, the Contractor will be paid such retained percentage less an amount sufficient
to pay any such claims together with a sum determined by the County sufficient to pay the cost of foreclosing
on claims and to cover, if necessary, actual attorney's fees and costs. Retainage will not be reduced for any
reason below the minimum limit provided by law.
6. Indemnity and Hold Harmless. The Contractor shall defend, indemnify and hold the County, its
ty
officers, officials, employees and volunteers harmless from 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 damages caused by the sole negligence of the County.
It is further specifically and expressly understood that the indemnification provided herein 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 parties. Thep rovisions 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:
a. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and
b. Commercial General Liabilityinsurance 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 form property damage;
explosion, collapse and underground (XCU) if applicable; and employer's liability.
c. 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 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) daysp rior written
notice of any cancellation, suspension or material change in coverage.
8. Payments Withheld. 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 County from loss or
damage for reasons including but not limitedto:
a. Work not in accordance with the Contract;
b. Reasonable evidence that the work required by the Contract cannot be completed for the
unpaid balance of the contract sum;
Contract — Page 3
C. Work by the County to correct defective work or complete the work;
d. Failure bythe Contractor to perform in accordance with the Contract; or
e. 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 RCW 39.76.011(b).
1
9. Authority of County. If the Contractor fails 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 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 byContractor.
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:
a. Obtain all warranties that would be given in normal commercial practice;
b. Require all warranties to be executed, in writing, for the benefit of the County; and
C. 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
specified in the Contract.
d. The obligations under this Section shall survive completion.
11. Liquidated Damages. This clause has been excluded from this contract.
12. Successors and Assigns. 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 the Contract.
13. 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
adjustment 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
Contract — Page 4
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 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 Change Order proposal, or a request for equitable
adjustment in the contract sum or time of performance, or both, the County may accept or reject the proposal,
request further documentation, or negotiate acceptable terms 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.
14. No Agency Relationship. Neither 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 of the 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 authority to assume or create any obligation or responsibility on behalf of or in the name of the County
or to bind the County in any manner or thing whatsoever.
15. Clean Up. Contractor shall at all times, keep the project 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, neat, and orderly
condition satisfactory to the County. 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.
16. 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.
17. Entire Agreement. The Contract embodies the entire agreement between the parties, all other
agreements, oral or written, are hereby merged into and superseded by the Contract. There are no other
agreements which modifyor affect the terms hereof. No amendment hereto shall be binding unless the terms
thereof are in writing signed by both parties. Time is of the essence. No verbal or other agreements 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 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) days following deposit of the notice in the U.S. mails as required herein.
20. Headings, Construction. The headings of the sections and paragraphs are inserted solely for the
convenience of the parties and 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 with regard to this contract, no greater or
stricter construction of any term or provision hereof shall be asserted against the County as drafter.
21. Disputes, Attorneys' Fees. In any controversy, claim or dispute arising out of, or relating to, this
Contract — Page 5
If neither party wholly prevails, the party that substantially prevails, shall be awarded its reasonable
attorneys' fees as litigation expenses. For the purposes of this provision, the terns "proceeding" and
"litigation" shall include arbitration, administrative, bankruptcy, and judicial proceedings, including appeals
therefrom. For purposes of this contract, the actual attorneys' fees incurred shall be deemed "reasonable".
22. Governing Law, Venue. The performance and 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 connection with this Contract shall be conducted in Grant County, Washington.
CONTRACTOR:
No Central
Cont ction po box 85
Moss ake, W 988
B.
Darre Appleby
License No. NO_RT_HC_C2d4QN
UBI No. 600-118-712
Dated the 05 of Sept 2019
Contract — Page 6
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Richard Stevens, Member
AT T:
T T*
T V,,,m
Bar allr I.VasquezCler
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4
oft oard
Approved as to form:
By K
Deputy Prosecuting Attorney
Date:
I t
Contract — Page 7