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HomeMy WebLinkAboutAgreements/Contracts - Central ServicesGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Central Services REQUEST SUBMITTED BY: Tom Gaines CONTACT PERSON ATTENDING ROUNDTABLE: Tom Gaines CONFIDENTIAL INFORMATION: ❑YES NO NO DATE: 6/20/2024 PHONE: 3276 / ®Agreement / Contract FAP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase ❑ Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Sery/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB CSD2409fg-LA, Ardell Power Installation. Value $18,105.11 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1. /3 �Y_ D2: D3: 4/23/24 DEFERRED OR CONTINUED TO: To: Board of County Commissioners Re: Contracts for work at the Fairgrounds Commissioners, Grant County Central Services POBox 37 Ephrata WA 98823 (509) 754-2011 Ext -3276 June 20, 2024 Central Services can perform work at the fairgrounds to enhance the attendee experience while making service to vendors considerably easier. In an informal bid process, we asked three vendors to provide pricing for three different areas of the fairgrounds. Two of the three are currently working at the fairgrounds, and one (Farmers) was not. The three projects included. 1. Providing the correct power to electrify the sign in the fairground's director's approved capital plan. 2. Provide a new power pedestal outside and to the north of the Ardell to mitigate the use of a generator in the building during the fair. 3. Provide new panels on the backs of the youth and flower buildings to facilitate power needs for events in that area of the fairgrounds. The cost for each of these projects is $6,880.15, $18,105.11, & $10,928.20 respectively. Totaling $32,253.16 For comparison, the same totals from J&M Electric were $93,940 and from Neppel Electric $123,200.00 The cost of the work will be funded through savings from other capital projects. It will greatly enhance the fairgrounds' ability to serve vendors and attendees. With the Board's permission, Central Services will provide these contracts, which have been approved by the PAO. The Insurance was verified by the Director of Central Services. Sincerely, (nln &w*f Tom Gaines Director, Grant County, WA Central Services Department Tom Gaines Director of Central Services tgaines@grantcountywa.gov "To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment." K24-157 CONTRACT THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly organized and operating under and by the Constitution and the laws of the State of Washington ("County"), and FARMERS ELECTRIC LLC., a Limited Liability corporation duly formed and doing business in the State of Washington ("Contractor"). In consideration of the mutual promises and covenants contained herein, thep arties 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 tasks and scope of work as per the onsite determinations to provide additional power receptacles for the Ardel Pavilion at the Grant County Fairgrounds. "Work" means all work individually and collectively Y performed by the Contractor during the project. The Contractor will be responsible for doing all the work to complete the following: a. The contractor is responsible for all engineering or sizing of conductors, systems panels, lighting, and anything else required to provide additional electrical components providing power to the north end of the Ardel Pavilion • New 200a panel on the north side of Ardell Pavilion • (1) 200a 120/208v single-phase feeder from the servicep anel to the north end of the building • (1) 200a 120/208v single-phase outdoor panel • (2) 120v 30a receptacles for vendors • (6) 120v GFCI 20a receptacles for vendors • (2) 120/208v 50a receptacles for vendors • Permits and inspections as required. • Any excavation required, all fastening of conduit to structures. h Clean up the area once work is completed, including, but not limited to, recovering and removing equipment, trash, and debris. c. Contractor understands this is a Public Work subject to prevailing wage and the submission of intents, affidavits, and certified payroll as required by the Labor and Industries. d. The Contractor submitted a proposal in which the firm attested to the knowledge and understanding of the work described during their inspection and discussion with fairgrounds personnel. 2. Project Site. The work shall be accomplished upon the real property commonly known as the Grant County Fairgrounds, situated on or about 3 953 Airway Dr. NE Moses Lake, Washington, 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 the work described herein upon receiving notice to proceed from the County beginning at a time Farmers Electric CSD2409fg-LA-Ardell power installation — Page 1 mutually agreed upon by the parties after having obtained all necessary permits/bonds. Substantial completion of the work shall occur before the Grant County Fair on August 13, 2024, unless delays beyond the control of either party cause the date to be extended. This date will not be extended without approval by the County. 4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below in Paragraphs 8 and 11, and any other provision contained within the Contract which may affect such Contract Sum to be paid to Contractor, is as follows: Subtotal $16,733.00 Washington State Sales Tax @ 8.2% $1,372.11 Total $18,105.11 Retainage (5% of Subtotal) $836.65 a. Retainage: This project requires retainage. A retainage bond is acceptable and preferred. Under RCW 60.28.001, 5% retainage is required. The contract is under $35,000, and a notice of completion will not be filed and approved before releasing the retainage. b. Intents and Affidavits: According to RCW 39.12.040, statements of intent to pay prevailing wages and affidavits of wages must be submitted to Washington State Labor and Industries. c. Payment Interval and Billing_ The Contractor shall submit a monthly billing statement and invoice or a complete invoice for all work to the County. Such a statement and invoice shall set out the nature of the work performed, the time and materials involved, or the percentage of work completed as mutually agreed upon by the Contractor and the County. The County will pay such a statement and invoice within thirty (3 0) days of receipt. 5. Performance and Payment Bonds: Not required for this project. 6. Indemnity and Hold Harmless. The Contractor shall defend, indemnify, and hold the County, its officers, officials, employees, and volunteers harmless from any 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 indemnification. The parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration of termination of this contract. Farmers Electric CSD2409fg-LA-Ardell power installation — Page 2 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 Liability insurance is written on an occurrence basis with limits no less than $1,000,000 combined, with a single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to blanket contractual; products/completed 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 Contractor's sole responsibility. The County shall be named as an additional insured on the insurance policy concerning work performed by or on behalf of the Contractor, and a copy of the endorsement naming the county as an additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall be the primary insurance concerning the County, and the County shall be given thirty (30) days prior written notice of any cancellation, suspension, or material change in coverage. 8. Payments Withheld. The County may withhold or nullify the whole or part of any payment to such extent as may be necessary to protect the County from loss or damage for reasons including but not limited to: a Work not within the Contract or RFB . h Reasonable evidence that the work required by the Contract cannot be completed for the unpaid balance of the contract sum. c. Work by the County to correct defective work or complete the work. d. Failure by the Contractor to perform work within this Contract, or e. Cost or liability that may occur to the County due to the Contractor's fault, negligent acts, oromissions. PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory performance, the County shall notify the Contractor per RCW 39.76.011(b). Authority of County. Suppose the Contractor fails to perform the work according to the Farmers Electric CSD2409fg-LA-Ardell power installation — Page 3 requirements of the Contract Document. In that case, the County shall provide written notice of the deficiency to the Contractor, and the 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 days or to take and continue all appropriate steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven days, 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 or nullify the Contractor's payments the cost of such effort as described in paragraph 8 of this agreement. 9. Warranty of Construction. In addition to any special warranties provided elsewhere in the Contract Document and 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 worlmanship performed by the Contractor. Concerning all warranties, express or implied, for work performed or materials furnished according to the Contract and companion or applicable documents, the Contractor shall: a Obtain all warranties that would be given in standard 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, manufacturer's, or supplier's warranty that extends beyond the period specified in the Contract. d. The obligations under this Section shall survive completion. 10. 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 regarding covenants, agreements, and obligations contained in the Contract. Neither party shall assign the work without the written consent of the other. If either party attempts to assign without such consent, that party shall remain legally responsible for all obligations outlined in the Contract. 11.' Changes in Work. The County may, at any time and without notice to the 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. Suppose any change in the work ordered by the County causes an increase or decrease in the Contract Sum or the performance time. In that case, 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 the Contractor. The contractor shall submit a Change Order proposal within 14 days of the request from the County or within such other period as mutually agreed. The contractor's Change Order proposal shall include total compensation for implementing the proposed change in the work, including any adjustment in the contract sum or time of Farmers Electric CSD2409fg-LA-Ardell power installation — Page 4 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 to the contract sum or time of performance, the County may accept or reject the proposal, request further documentation, or negotiate acceptable terms with the Contractor. Pending agreement on the terms of the Change Order, the County may direct the Contractor to proceed immediately with the Change Order work. The contractor shall not proceed with any change in the work until it has obtained the County's approval. All work done under any county - directed change in the work shall be executed per the Contract. 12. 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 Contractor's relationship to the County because of the 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 ofthe County or to bind the County in any manner or thing whatsoever. 13. Clean Up. The contractor shall always keep the project site, including hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove its rubbish, tools, scaffolding, equipment, and materials from the premises. Upon completing the Work, the Contractor shall leave the project site in a clean, neat, and orderly condition that is satisfactory to the County. If the 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 the Contractor. 14. Survival. If any clause or provision of this Contract shall be invalid, the remaining clauses and provisions shall nevertheless be and remain in full force and effect. 15. Entire Agreement. The Contract embodies the entire agreement between the parties; all other agreements, oral or written, are now merged and superseded by the 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 and signed by both parties. Time is of the essence. No verbal or other agreements modify or affect theContract. 16. Explanation of Documents. The Contractor has thoroughly reviewed the Contract and consulted with legal counsel regarding its effect. 17. Notices. All notices required under 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. mail as required herein. Headings, Construction. The headings of the sections and paragraphs are inserted solely for the Farmers Electric CSD2409fg-LA-Ardell power installation — Page 5 convenience of the parties. They are not a part of and are not intended to govern, limit, or aid in constructing any term or provision hereof. In construing the parties' intent regarding In this contract, no more significant or stricter construction of any term or provision hereof shall be asserted against the county as drafter. 18. Governing Law, Venue. The performance and interpretation of the Contract Document shall be governed and interpreted by the laws of the State of Washington. Any litigation arising . from or in connection with this Contract shall be conducted in Grant County, Washington. Farmers Electric CSD2409fg-LA-Ardell power installation — Page 6 CONTRACTOR: Farm Elactric . ?L t� � By: Caleb Booth, Managing Partner License No. FARMEE1910R8 UBI No. 602 925 985 Dated the -Z' of�,� •�. � , 2024. BOARD OF COUNTY COMMISSIONERS N WASHINGTON Cindy arter, air Danny Sto e, Vice -Chair Rob Jones er ST: Barb#a 1 Vasquez, Cler oft e Board Approved as to form: Barbara G. Duerbeck, WSBA # 53946 Deputy Prosecuting Attorney Date: Farmers Electric CSD2409fg-LA-Ardell power installation — Page 7