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HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceK23-192 CONTRACT 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 Stan's Construction and Son, LLC a corporation duly farmed and doing business in the State of Washington ("Contractor"). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows,: 1. Work of Contract/Scope of Work. The purpose of this contract is to accomplish the Grant County project to refurbish the School and Church located at the Grant County Historical Museum. The purpose of the project is to rebuild the bell steeples on both buildings seal the roof as needed where the steeple repairs occurred, replace rotted lumber on the on the bottom of the church exterior, and replace the rotted siding on the bottom of the church. The outcome of the project will result in the buildings having new bell steeples, and the siding having been replaced and prepared for the application of coatings. Contractor is not responsible for application of coatings. The site for this project is at the Grant County Historical Museum located at 724 Basin St. in ]Ephrata, WA. The term "work" shall mean all work individually and/or collectively performed by the Contractor during the project. All work shall be conducted in such a manner as to maintain the original architectural appearance of the School and Church. Work shall be conducted during normal operating business hours. Contractor will acquire all necessM permits for the project prior to commencing work. Coupt y shall not be liable for an fines/fees resulting from Contractor's failure to acquire necessM_ -permits prior to commencing work. Contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else is necessary to accomplish work, and shall be responsible for transportation and disposal of all project related materials waste and equipment. Contractor is solely resDonsible for waste disposal costs. Contractor shall accomplish the following work: Remove existing bell steeples from the Church and Schoolhouse with care to not damage the bells. Rebuild both bell steeples. Re -attach both bell steeples to the building roofs. 9 1. AUG 0 ° 2023 ONSENT, Museum School and Church Refurbishment Contract oo� • Seal roof where the steeples have be installed. • Remove and replace the rotted siding near the foundation on the church. • Utilize barricades, tape or other methods to effectively notify employees and customers of hazards and/or prevent access to areas the project work is being executed. • Clean up all areas affected by -work. • Coordinate with county's project manager regarding scheduling work, and the time needed to complete phases of the work to allow safe access for customers and employees. • Provide containers to properly store and haul all job-related materials (both solid and liquid) for disposal. • Provide, maintain on site, and make available upon demand, Material Safety Data Sheets for any chemicals brought on site. 2. Pro jectSite. The work shall be accomplished upon the real property commonly known as the Grant County Historical Museum located at 742 Basin St NW, Ephrata, WA. 3. Date of Commencement and Date of Completion. Contractor shall commence the work described herein upon receiving notice to proceed via email from County, Substantial completion of the work shall occur on or before October 1, 2023, or at such other time as inay be mutually agreed 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 all -necessary permits prior to the commencement of any work. 4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in Paragraph 15, and with payment of such Contract Sum subject to provisions set forth below in Paragraphs 10 and 13, and/or any other provision contained within the Contract which may affect such Contract Sum to be paid to Contractor, is as follows: Subtotal $51,730.00 Washington State Sales Tax (8.4%) $49345.32 Total $565075.32 Retainage $2586.50 The Contract sum is and shall not exceed, $56,075.32, including all applicable taxes and any additional costs resulting from jurisdictional requirements maintained by an additional authority. Permit costs and all materials and/or labor to complete the scope of work described herein is the responsibility of the Contractor. Contractor shall provide intents and affidavits to Washington State Labor and Industries in compliance with Washington State regulations. Contractor shall submit a single billing statement and/or invoice, not to exceed total. contract sum as outlined above, to the County at the completion of the project. Such billing statement and/or Museum School and Church Refurbishment Contract invoice shall set out the nature ofwork performed, as well as the time and materials involved in such work, or percentage of work completed as mutually agreed upon by Contractor and County will pay such statement and/or invoice within thirty (30) days of receipt. 5. Performance and PgMent Bonds: Required for this project. 6. Retainage: Five (5) percent retainage on the project subtotal is required for this project, as reflected in section 4 above 7. Indemnity and Hold Harmless. Contractor shall defend, indemnify and hold County, its 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 negligence of the County. injuries and damages caused by the sole ne i ini It is further specifically and expressly understood that the indemnification provided herein constitutes 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. The provisions of this section shall survive the expiration of termination of this contract. 8. Insurance. 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 Contractor, its agents, representatives, employees or subcontractors. Contractor shall provide a Certification of Insurance to County evidencing-, Automobile Liab insurance 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 $100,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but . I—, not be limited to blanket contractual; products/competed operations; broad form property damage; explosion, collapse and underground (CU} if applicable; and employer's liability. Worker's Compensation insurance at the limits established by the State of Washington. Anypayment of deductible or self-insured retention shall be the sole responsibility of Contractor. County shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of Contractor and a copy of the endorsement naming the county as additional insured shall be attached to the Certificate of Insurance. Contractor's insurance shall be primary insurance with respect County and County shall be given thirty (30) days prior written Museum School and Church Refurbishment Contract notice of any cancellation, suspension or material change in coverage. 9. Payments Withheld. County may Withhold or, due to 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: • Work not in accordance with Contract. • Reasonable evidence that work required by Contract cannot be completed for the unpaid balance of the contract sum. • Work by County to correct defective work or complete work, • Failure by Contractor to perform in accordance with Contract; or • Cost or liability that may occur to 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, County shall notify Contractor in accordance with RCW 39.76.411(b). 10. Authority of County. Should Contractor fail to perform the work according to requirements of Contract, County shall, provide written notice of the deficiency to Contractor and Contractor shall have seven days to correct the deficiency in work. If Contractor fails to correct the deficiency in work within the seven-dayperiod 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,, County may, without prejudice to other remedies, (a) use County forces, other contractors, or other means to correct Contractor's deficiency and/or (b) deduct from Contractor's payments the cost of such effort. 11. Warrant of Construction. In addition to any special warranties provided elsewhere in Contract and/or documents incorporated by reference herein, , Contractor warrants that all work conforms to the requirements of the Contract and is free of any defect in equipment, material, design, or workmanship furnished or performed by Contractor. With respect to all warranties, express or implied, for work performed or materials furnished according to Contract, and/or documents incorporated by reference herein, Contractor shall: * Obtain all warranties that would be given in normal commercial practice; e Require all warranties to be executed, in writing, for the benefit of County; and, 9 Enforce all warranties for the benefit of County, if directed by County, including any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period specified in Contract. * The obligations under this Section shall survive completion. Museum School and Church Refurbishment Contract 12. Successors and Assigns. 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 Contract. Neither party shall assign 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 Contract. %.W y 13. Changes in Work. County may, at any time and without -notice to Contractor's surety, order additions, deletions,, revisions, or other changes in work. These changes in work shall be incorporated into Contract through the execution of Change Orders. If any change in work ordered by County causes an increase or decrease in Contract Sum or the time of performance, an equitable adjustment shall be made, and such adjustments(s) shall be incorporated into said Change Order. No changes to the contract sum shall occur unless recorded in such a change order. If 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 County, or within such other period as mutually agreed. Contractor's Change Order Proposal shall include fall 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 work. Upon receipt of the Change Order proposal, or a request for equitable adjustment in the contract suin or time of performance, or both, 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, County may direct Contractor to proceed immediately with Change Order work, Contractor shall not proceed with any change in work until it has obtained County's approval.. All work done pursuant to any County -directed change in the work shall be executed in accordance with Contract. 14. No Agency Relationshin, Neither Contract, nor any agreement implied therefrom, constitutes Contractor as an agent or legal representative of County for any purpose whatsoever, and the relationship of Contractor to County by reason of Contract shall be. that of an independent contractor. Contractor is not granted any express or implied right or authority to assuixie or create any obligation or responsibility on behalf of or in the name of County or to bind County in any manner or thing whatsoever. 15. Clean UR. Contractor shall at all times, keep the project site, including ncluding hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing work, Contractor shall remove from the premises its rubbish, tools, scaffolding, equipment, and materials, Upon completing Work, Contractor shall leave the project site in a clean, neat., and orderly condition satisfactory to County. If Contractor fails to clean up as provided herein, and after reasonable notice from County, County may do so and the cost thereof shall be charged to Contractor. Museum School and Church Refurbishment Contract 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. Contract embodies the entire agreement between the parties, all other agreements, oral or written, are hereby merged into and superseded by Contract. There are no other agreements which modify or 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. Contract been fully reviewed by Contractor. Contractor has had the opportunity to consult with legal counsel as to the legal effect of 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 certified 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 cerfi-fied notice in the U.S. mail as required herein. 21. 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 County as drafter. 22. Governing Law, Venue. The performance and interpretation of Contract 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. Museum School and Church Refurbishment Contract '� "z�o '�� % Dated the of Jv-\2023. j CONTRACTOR; Stan's ConsVdetio4nd Son, LLC License No. STANSCS5841DA UBI No. 603-566-918 BOARD OF COUNTYCOMMISSIONERS GRANT COUNTY, WASHINGTON Robjo&n,-;-�ir Cindy Cart &,Member Dannv Sr4%,,ne,, Member Dated the—,9 of V%,S*- 2023. -AT STED: Ply. Ba ara Va%s.'quez t Cl UktheBoard Approved as to form: B ar ara G. Duerbeek Deputy Prosecuting Attorney Date: — � 72 7?�t Museum School and Church Refurbishment Contract