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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 ONO DATE: 4/11 /25 PHONE: 3276 Agreement / Contract ❑AP 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 El Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB ------------------------------- Contract with TYCO Industrial for the site work preparation for the new bleacher project. This is project CSD2501fg and has a value of $46,201.40 This has been approved by risk and legal. If necessary, was this document reviewed by accounting? ❑ YES 0 NO If necessary, was this document reviewed by legal? M YES ❑ NO DATE OF ACTION: APPROVE: DENIED ABSTAIN D2: _1�r D3: DEFERRED OR CONTINUED TO: 4/8/24 . ... ..... . TT,711S CONTRACT ("Contracf'), entered by and between GRANT COUNTY, duly organized and operafing under and by the Constitution and the laws of the State of Washington ("County"), and TYCO INDUSTRIAL, LLC,,, a limited liability corporation duly formed and doi"ng business in the State of Washt'ngton ("Contractor"). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: Work of Contract/Scopeof Work. The Contractor shall perform all work and furnish all necessary tools, materials, eqUipment, and other 'items required to complete the tasks and scope of work as outlined in the Request for Bids (RFB) and this contract for the Grant County Fairgrounds Bleachers Site Word. project (CSD2501fg). "Work," re-fers to all work, both iI # individually and collectively, performed by the me Contractor during proj . ect. The RFB 'is attached as "Exhibit A""), The Contractor will be responsible for doing all the work to complete the following: A. Following the specifications on the approved plans provide work required to prepare the area where bleachers will be constructed by others, 'Including 0 Raising the area with enough fill to provide a structurally sound sub grade to support the slab # All work ;assocl*ated with filling, compacter g'-, short"ng, and all other work necessary providing a s to meet the intent of ucturally sound concrete slab to support the , bleachers. # The contractor is responsible for 'inspections. # The slab shall be level, the contractor will make every effort to ensure. for will not be any puddling oi water on the slab,. 0 Slab *11 have a troweled finish and sealed. W1 e Project included ADA ramp . as shown, in the project documents.. b. Complete cleanup of the area once above completed, including but not limited to recovery and removal of equipment, trash, and debris. c. Contractor -understands this 'is a Public Work sub C. ect to prevailing wage and the submission of 'Intents, affidavits, and certified payroll as required by the Labor and Industries. d Coordination with the fairgrounds on schedule, timing, areas to be paved, events, and other projects are critical to this project. 2. Project _Sit . The work, shall be per -formed on real property coin-nionly known as the Grant County Fairgrounds,, located at approximatety 395.3 Airway Drive NE, Moses Lake, Washington. Tyco Industrial LLC Bleachers Site Work CSD 250 1% — Nip I 3. Dates of Commencement and Completion. The Contractor shall commence the work 4k described herein upon receiving notice to proceed from the County at a time mutuallv agreed upon by the parties after obtaining all necessary permits and bonds. Substantial completion of , 15the expected delivery and subsequent installation of the the work shall occur th by June 6 ;, 204.f I bleachers is scheduled for June 30t'-- 2025, unless delays beyond the control of either party necessitate an extension of the date. 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 J in Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below in Paragraphs 8 and 11, and any otherprovi on contained within the Contractwhich may affect such Contract Sum to be paid to Contractor, is as follows: Subtotal $42,700 --------------------- Washington State Sales Tax. @) 8.2%. Total --ow.$3,501.40 $46,201.40 Retainage (5% of Subtotal) $2, 3 .00 a Retaro aae: Requ-ired for this project. A retainage bond 'is acceptable and preferred. 5% retainage is required under RC W 60.28.001. The contract is over $35,000 and does require a notice of completion to be filed and approved before releasing t:� refam*age. If a retainage Bond is provided, retainag e will be released upon project acceptance. b. Intents, and Affidavits,., Statements of 'Intent to pay prevailing wag and affidavI tes 's of wages paid must be submitted to Washington State Labor and Industries according to RCW 39,12.040. c. P meat Interval and B The Contractor may submit a lump suni payment upon completion or provide a monthly billing statement andinvoice to the County. Such billing statement and *Invoice shall set out the nature of the work performed, the time and materials 'involved, or the percentage of word completed as mutually agreed -upon by the Contractor and the County. The County will pay such a statement and invoice within thirty (30) days of receipt. 5. Performance and PLayment Bonds. waived for this projet.AV 6. Inderanitv and Hold Harmless. The Contractor as defend, indenun ify, 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 #1 * performance of the contract, except for injuries and damages caused by the sole negligence of the County. Tyco Industrial LLC Bleachers Site Work CSD 250 1 fg, — Page 2 It 'is further specifically and expressly understood that the indewmification provided herein constitutes the Contractor's waiver ofmm 'iunity under Industrial Insurance, Title 51 RCW, solely for the purpose of indemnification. The parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration of termination of thi s contract. 7. Insurance. The Contractor shall procure and maintain, for the duration of this contract,, insurance against claims for injun-es 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, emplovees, or subcontractors. The Contractor shall provide a Certifleation of Insurance evidencing,,. a, Automobile Liability insurn cewith limits no less than $1,000,000 combinedingle limit per accident for bodily injury and property dama e-, and9 1 b. Commercial General LiabilAy 'insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2, ,000 aggregate for personal inj ury, bod ily inj ury, and property damage. Coverage shall include, but not be limited to, blanket contractual, products/cornpleted operations, broad form property damage, explosion, collapse, and underground (XCU) covera,( ,Te, if applicable, and employer's I "lability. P Worker's Compensation insurance at the limits established by the State oi 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 concerningy- w. ork perfomied 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 materlial change in coverage. 8. PUments 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 I imited too. a. Work not specified in the Contract or agreed upon in the RFB (Attached as "Exhibit Ati), b, 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 or or complete the work. d Failure by the Contractor to perform work within this Contract. e. Costs or liabilities that may arise to the County due to the Contractor's Tyco Industrial LLC Bleachers Site Work CSD.)501fg — Page 3 Z:) Fault, negligent acts, oromissions, PROVIDED: In any case where part or all of a payment is to be withheld due to unsatisfactory performance, the County shall notify the Contractor 'in accordance with RC 39,76.011 (b). Authority,.of Count . Suppose the Contractor fails to perform the work in accordance with the requirements of the Contract Document. In that case, the County shall provide the Contractor With written notice of the deficiency, and the Contractor shall have seven days to correct the deficiency in the work. Ifthe Contractor fails to correct the deficiency In the work within the seven days or to take and continue all apprqpriate steps to initi ate the corrections in the event corrections cannot be reasonably completed in the seven days, the County may., without prejudice to other remedies: (a) I N, 17 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. Warran, f Construction. In addition to any special warranties provided elsewhere in the Contract Document and its companion or appIi* ble documents, the Contractor warrants that . ca all work con -forms to the requirements of the Contract and isfree from any defects *in equipment, materials, or design furnished, as well as any defects In workmanship per -formed by the Contractor, Concerning all warranties, express or imptied, for work performed or materials furnished according to the Contract and companion or qpplicable 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 net of the County, and c. Enforce all warranties on behalf of the County, if directed by the County, luding any warranties from subcontractors, manufacturers, or suppliers that extend beyond the period specified in the Contract. ct The obligations, under this Section shall survive comp . ietion. 10. Successors and A The County and the Contractor respectively, bind themselves, their partners,, successors, assigns, and legal representatives to the other party hereto, as well as to the partners, successors, assigns, and legal representatives of such other party, regarding the covenants, agreements, and obligations contained in the Contract. Neither party shall assign the work without the other party' s written consent. If either party attempts to assign without such consent, that party shall remain legally responsible for all obligations outlined in the Contract. 11, Chan es in Work. The County may, at any time and without notice to the Contractor's surety, order additions, deletions, revis-ions, 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 ad ustments(s) shall be incorporated into a Change Order. Tyco Industrial LLC Bleachers Site Work- CSD 2501for -- Page 4 If the County wishes to request a change 'in the work, It may submit a written Change Order proposal to the Contractor. The contractor shall submit a Change Order proposal within 14 days of the County's request or Within such. other period as mutually agreed upon, The contractor's Change Order proposal shall 'include total compensation forimplementing the proposed change in the work, including any austment 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 ieniA6 # � nconvence, 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 ffirther documentation, or negotiate acceptable terms pith. the Contractor. Pending agreement on the terms of the Change Order, the County may direct the Contractor to proceedire. -ied iately with the work outlined in the Change Order. The contractor shall not proceed with any change in the work -Lmfil it has obtained the County" s approval. All work done under anycounty-dire cted change in the work shall be executed per the Contract. 12. No Mency Relationshi-o- Neither the Contract nor any agreement implied thereby constitutes the Contractor as an agent or legal representative of the County 'for any purpose whatsoever, and the Contractor's relationship to the County under 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 the County or to bind the County 'in any manner or thing whatsoever. ' Clean Up. The contractor shall maintain a clean and orderlv protect 13. Vf site, including hauling routes, infrastructure, 'utilities, and storage areas, free from. accumulations of waste materials. Before the project 'is accepted., the Contractor shall remove all 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 -falls to clean up as provided herein and after receiving reasonable notice from the County, the County may do so,, the cost thereof shall be charged to the Contractor, 14. Survival. If any clause or provision of this Contract 'is invalid, the remaining clauses and provisions shall nevertheless remain in full force and effect. t5. Entire A.areernent. The Contract embodies, the entire agreenient between the pies; all other agreements, oral or VM'tten, are now merged and superseded by the Contract. There are no other agreements that modify or affect the terms of this agreement. No amendment to this agreement 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. Ealanation of Documents. The Contractor has thoroughly reviewed the Contract. The Contractor has had the opportuni*ty- to consult with legal counsel as to the lecral effect of the Contract. Tyco tndustrial LLC Bleachers Site Work CSD 250 1 -rg -- Page 5 I Notices. All notices required under the terms of this agreement must be in writing and delivered personally to the party to receive them or mailed by reaular mail prepaid, postage,, to the address specitieci adjacent to the part signatures. All notices shall be deemed served upon delivery or three (3) days following deposit 'in the U.S. mail, as required herein. Headinas, Construction. The headm*gs of the sections and paragrap . hs are "inserted solely for the the parties. They are not a part of and are not intended to govern, limit, or aid in the convenience ot construction of 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. Gov-e.ml*n,(,Y,, Law. Venue. The performance and interpretation of the Contract Docunient shall be governed by and *Interpreted in accordance with the laws of the State of Washington. Any lifigation arising from, or in connection with this Contract shall be conducted In Grant County, Washington. ��i Tyco Industrial LAC Bleachers Site Work CSD 2,150 1 -fg — Pagge 6 CONTRACTOR -- Two 1ndUstriaL_1.-,-LC. B L_Jicense NO. TY 97, 11*78-22H UJBI No. 604--42"-260 A Dated thie (6-A of 2025. BOARD OF COUNTY COMMISSIONEW"n 'e, CRANT COUNTY, INGTON Cindti v Cartek VI-ce-Cha'ir j4(e Kevin Buirgess. V. iber AT T EST*- flairbar J. Vasquez, C ferk the Bcoard o By — Barbara G. Duerbeck, WSBA 4' 53 )946 Deputy Prosecuting Attomey Date: Tv Industrial LLC Bleachers Site Work CSD 21NO 1 fa — Pa( --Ye 7 ACC>R"� CERTIFICATE OF LIABILITY I N S U RICE �� DATE (MM/DD/YYYY, 4I7/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SHAWN D KOETHKE (24205) 1340 S PIONEER WAY(A/C, PO BOX 1398 CONTACT NAME: SHAWN D KOETHKE PHONE FAX 509-766-2143 No Ext : 509-765-9259 A/C No): E-MAIL SHAWN.KOETHKE COUNTRYFINANCIAL.COM ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # MOSES LAKE, WA 98837-0000 INSURER A : COUNTRY Mutual Insurance Company 20990 INSURED 1456338 INSURER B : INSURER C : TYCO INDUSTRIAL LLC INSURER D 1626 HIGHWAY 28 W EPHRATA, WA 98823 INSURER E : INSURER F : i+nvcoAnce r1=QT11=trAT1= AIIIMRI~R- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE JNSR ADDLSUER WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDYYYY LIMITS A GENERAL LIABILITY ✓ COMMERCIAL GENERAL LIABILITY ✓ AB9343300 /30/2025 3/30I2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100 000 MED EXP (Any one person) s 5,000 CLAIMS -MADE Q OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 71� POLICY JEPR�F LOG AUTOMOBILE LIABILITY AB9343300 /30/2025 3/30/2026 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS ✓ AUTOS NON -OWNED HIRED AUTOS AUTOS Covered on Gen Liab BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ LIAR OCCUR r/ AU9379715 /30/2025 3/30/2026 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000 000 FAUMBRELLA EXCESS LIAB CLAIMS -MADE DED RETENTION $ 10,000 WORKERS COMPENSATION WC STATU- OTH- TORY LIMITS I I ER $ E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY Y J N ANY PROPRIETOR/PARTNER/EXECUTIVE A E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) JOB NAME: 3953 AIRWAY DR. NE (CONTINUED) GRANT COUNTY FAIRGROUNDS 3953 AIRWAY DR. NE MOSES LAKE„ WA 98837 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n 1 ARR-7n1 n ALSRD CWPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ACC)R" ADDITIONAL REMARKS SCHEDULE1 Page of AGENCY NAMED INSURED TYCO INDUSTRIAL LLC 1626 HIGHWAY 28 W POLICY NUMBER EPHRATA, WA 98823 AB9343300 CARRIER NAIC CODE COUNTRY Mutual Insurance Company 20990 EFFECTIVE DATE: 4/7/2025 AnnITInKIA11 P9=MAPK-q ACORD 101 (2008/01) t.W ZUUO I 11JI OL--.-; I The ACORD name and logo are registered marks of ACORD