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HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: F$cM REQUEST SUBMITTED BY: Kevin Schmidt DATE:5/23/2025 PHONE:509-754-3272 CONTACT PERSON ATTENDING ROUNDTABLE: Kevin Schmidt/Tom Gaines CONFIDENTIAL INFORMATION: DYES WNO krig VXMUMMUL1111111111114im rl-44 NJ 1:101 LU 11 a 1: F.71 g:J 01 RAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related []Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees 0 Budget ❑Computer Related ❑County Code El Emergency Purchase ❑Employee Rel. 8 Facilities Related ❑ Financial M Funds ❑ Hearing ❑ Invoices / Purchase Orders 0 Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances []Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB The Grant County Museum has received a grant to install an electronic reader board. The company they received the lowest bid was from Mashall Sign for $13,747.00. The Museum was able to get a grant to cover the cost of the sign, but there will be costs for supplying elelctrical to the sign for about $3500. The costs for this project will be paid from the Museum Maintenance fund which has a a balance of $155,299.00. If necessary, was this document reviewed by accounting? ❑ YES 0 NO ❑ N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A ii. L ,J CI DATE OF ACTION:-6 -3- d S APPROVE: DENIED ABSTAIN �C5 A D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 State of Washington Rev. 134DA75 CONSTRUCTION CONTRACT AGREEMENT This Construction Contract Agreement (this "Agreement") is made as of the date of May 14, 2025 by and between Grant County Museum, a Washington city of ephrata, wa. located at 742 Basin St. NW, POB 1141, Ephrata, WA 98823 ("Client") and Marshall Signs and Graphics, an individual located at 312 3rd Ave. SE #1043, Soap Lake, WA 98851 with contractor's license number MARSHS*856NQ ("Contractor"). Client and Contractor may each be referred to in this Agreement individually as a "Party" and collectively as the "Parties." The Parties agree as follows: 1. Description of Work. Contractor shall perform the following described work at 742 Basin St. NW, Ephrata, WA 98823 (the "Property"), in accordance with Client's contract plans and specifications, this Agreement and any Change Order, as defined herein, (collectively, the "Contract Documents"): Marshall Signs to provide labor, materials, and fabrication of 1 double -sided reader board sign. Installed to desired location. Please see attached files. (the "Work"). Industry terminology used in any Contract Documents which are not defined shall be interpreted as having the same meaning as that recognized in the construction industry in the area where the Property is located. 2. Contract Price and Payments. Client agrees to pay Contractor the total amount of $13,747.00 (the "Contract Price"). Payment of this amount is subject to additions or deductions in accordance with any mutually agreed to changes and/or modifications in the Work. Payment will be made by business check, according to the following schedule: • $9,500.00 deposit, due upon the execution of this Agreement. • $4,247.00 balance due upon completion of the Work. 3. Certificate of Completion. Work under this Agreement shall begin on May 30, 2025. Upon completion of the Work, Contractor shall notify Client that the Work is ready for final inspection and acceptance and Client shall make the final payment within fourteen (14) days after final inspection, unless another payment arrangement has been made. 4. Materials and Labor. Contractor shall provide and pay for all labor and equipment, including tools, construction equipment, machinery, transportation and all other facilities and services, and all materials necessary for the completion of the Work. All materials shall be good quality and new, unless the Contract Documents require or permit otherwise. Contractor may substitute materials only with the prior written approval of Client. 5. Licenses and Permits. Client shall obtain all licenses and permits necessary for proper completion of the Work. Client is responsible for the cost of any necessary permits or licenses. Construction Contract Agreement (Rev. 134DA75) 1/7 6. Laws and Regulations. Contractor shall perform the Work in a workmanlike manner and in compliance with all applicable federal, state, and local laws, regulations and ordinances, trade standards, ethical guidelines and any safety requirements of Client (the "Applicable Laws"). Contractor shall promptly notify Client upon discovery of any variance between the Applicable Laws and the Construction Documents. 7. Supervision of Construction. Contractor shall be solely responsible for and shall supervise and direct all construction under this Agreement. Contractor shall provide competent and suitable personnel to perform the Work and shall at all times maintain good discipline and order at the Property. Contractor will at all times take all reasonable precautions for the safety of its employees and the public at the Property. Contractor agrees to assume full responsibility for the acts, negligence, and/or omissions of its employees and any subcontractors and their employees. 8. Record Documents. Contractor shall maintain in a safe place at the Property one record copy of all drawings, specifications, addenda, written amendments, and the like in good order and annotated to show all changes made during construction, which will be delivered to Client upon completion of the Work. Client shall have the right to inspect and review such documents upon notice to Contractor. 9. Utilities. Client shall pay for all permanent electric, water, phone, cable, sewer and gas service as needed to perform the Work. Client shall pay for the installation, connection and removal of all temporary utilities on the Property during the performance of the Work. All temporary utilities shall conform and adhere to the Applicable Laws. 10. Hazardous Materials. Except as otherwise provided in the Contract Documents, Contractor shall be responsible for all Hazardous Materials brought to the Property by Contractor. Hazardous Materials shall include radioactive materials, asbestos, polychlorinated biphenyls, petroleum products, crude oil, flammable materials, chemicals or solvents known to cause cancer or reproductive toxicity, pollutants, contaminants and toxic substances which are restricted, prohibited or regulated by any agency of government in its manufacture, use, maintenance, storage, ownership or handling. If Contractor discovers any Hazardous Materials on the Property, Contractor shall immediately notify Client and may cease working until the material or substance has been rendered harmless. Client shall defend, indemnify and hold harmless Contractor, any subcontractors, and their respective agents and employees from and against all claims, damages, losses and expenses, including attorneys fees, arising out of or resulting from contact with the Hazardous Substance in performance of the Work resulting in bodily injury, illness or death, or injury or property damage, provided such claim, damage, loss or expense is not the result of any negligent act or omission by the party seeking such indemnity. 11. Warranty. Contractor warrants that the Work shall be in accordance with the Contract Documents, applicable law and trade standards and free from material structural defects, improper workmanship or defective materials. Contractor shall replace, correct or repair any Work not in accordance with the Contract Documents, applicable law and trade standards or any defects caused by faulty materials, equipment or workmanship for a period of one (1) year(s) from the date of completion of the Work. Nothing in this Section 11 shall be construed to place a time limit with respect to any other obligation Contractor may have under this Agreement. Construction Contract Agreement (Rev. 134DA75) 2/7 12. Condition of the Property. Contractor agrees to keep the Property and adjoining driveways free and clear of waste material and rubbish. Contractor shall confine the storage of materials and equipment and the operations of employees to the Property, and shall not unreasonably encumber the Property with materials or equipment. Contractor shall be fully responsible for any damage to the Property or areas contiguous thereto resulting from the performance of the Work. At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris from and about the Property as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Property clean and ready for occupancy by Client. 13. Inspection. Client shall have a right to inspect the Work at any time and request that Contractor promptly correct any Work that is defective or does not conform to the Contract Documents. If required, the Work shall be inspected and certified by the appropriate state or local agency or health officer at each necessary stage. 14. Right to Stop Work. If Contractor fails to correct any defective Work or repeatedly fails to perform the Work in accordance with the Contract Documents, Client shall have the right to order Contractor to stop performing the Work, or any portion thereof, until the cause for such order is eliminated. 15. Subcontracts. Contractor shall furnish to Client a list of names of subcontractors proposed to perform principal portions of the Work. Contractor shall not employ any subcontractor to whom Client reasonably objects. A subcontractor, for the purposes of this Agreement, shall be a person with whom Contractor has a direct contract for work at the Property. All contracts between Contractor and subcontractor shall be in accordance with the terms of this Agreement and the Contract Documents. 16. Work Changes. Client reserves the right to order changes to the Work in the nature of additions, deletions or modifications, without invalidating this Agreement, and agrees to make corresponding adjustments in the Contract Price and time of termination if applicable. All changes will be authorized in a written "Change Order" signed by Client and Contractor, which shall be incorporated by reference herein. 17. Other Contractors. Client reserves the right to enter into other contracts in connection with the Work. Contractor shall cooperate with all other contractors so that their work shall not be impeded, and shall give them access to the Property as necessary to perform their contracts. 18. Indemnification. Contractor agrees to defend, indemnify and hold harmless Client and its agents and employees, from and against all claims, actions, liabilities, suits, demands, injuries, obligations, damages, losses, settlements, judgments, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of any negligent act or omission by Contractor, a subcontractor or anyone directly or indirectly employed by them in the performance of the Work resulting in bodily injury, illness or death, or for property damage, including loss of use, unless caused by the sole negligence or willful misconduct of Client. 19. Contractor's Insurance. Contractor agrees to maintain at its own expense during the entire period of construction at the Property: Construction Contract Agreement (Rev. 134DA75) 3/7 A. General Liability Insurance. Such general liability insurance as will protect Contractor from claims for property damage and bodily injury, with limits of liability not less than $25,000.00 for each occurrence. B. Workers' Compensation Insurance. Such workers' compensation and employee insurance as required by law. Except for the workers' compensation insurance, Contractor shall name Client as an additional insured. Proof of such insurance shall be filed by Contractor with Client within a reasonable time after execution of this Agreement. 20. Waiver of Subrogation. Client and Contractor each waive any and all claims or rights to recovery against the other Party for any loss or damage to the extent such loss or damage is covered by insurance or would be covered by any insurance required under this Agreement. Client and Contractor shall cause each insurance policy carried by Client or Contractor relating to the Property to include or allow a full waiver of any subrogation claims. 21.. Time of Essence. All times stated in this Agreement or in the Contract Documents are of the essence. Contractor agrees that such times are reasonable for performing and completing the Work. 22. Extension of Time. The times stated in this Agreement may be extended for such reasonable time as Contractor may determine when performance of the Work by Contractor is delayed by a Change Order, labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions, unavoidable casualties, or other causes beyond Contractor's control or which justify the delay. 23. Early Termination for Breach of Contract. A. Contractor's Termination. Contractor may, on fourteen (14) days' written notice to Client, terminate this Agreement before the completion of the Work when for a period of thirty (30) days after a progress payment is due, through no fault of Contractor, Client fails to make the payment. On such termination Contractor may recover from Client payment for all Work completed and for any loss sustained by Contractor for materials, equipment, tools or machinery to the extent of actual loss thereon, plus loss of a reasonable profit. B. Client's Termination. Client may, on thirty (30) days' written notice to Contractor, terminate this Agreement before the completion of the Work, and without prejudice to any other remedy Client may have when Contractor defaults in the performance of any provision of this Agreement, or fails to carry out performance of the Work in accordance with the provisions of the Contract Documents. If the unpaid balance on the Contract Price at the time of the termination exceeds the expense of finishing the Work, Client shall pay such excess to Contractor. 24. Disputes. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. Construction Contract Agreement (Rev. 134DA75) 4/7 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document. 26. Headings. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement. 27. Notices. Any notice or communication given or made to any Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above or to another address as that Party may subsequently designate by notice and shall be deemed given on the date of delivery. 28. Assignment. No Party hereto shall have the right to assign its rights or delegate its duties hereunder without the written consent of the other Party, which consent shall not be unreasonably withheld. 29. Binding Effect. This Agreement shall be binding and enure to the benefit of the Parties and their respective legal representatives, heirs, administrators, executors, successors and permitted assigns. 30. Governing Law. This Agreement and the rights and obligations of the Parties hereto shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of laws provisions. 31. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable part had not been included in this Agreement. 32. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, understandings and agreements. 33. Amendments. This Agreement may not be amended or modified except by a written agreement signed by the all of the Parties. 34. Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation. 35. Survival. The obligations of Contractor expressly identified in this Agreement, or those by operation of law, shall survive the completion of Work or termination of this Agreement. 36. Industry Language. The language used for terms of this Agreement, unless otherwise defined, shall be construed according to the customary meaning within the construction industry in the area where the Project is located and for the type of Work being performed. Construction Contract Agreement (Rev. 134DA75) 5/7 37. Independent Contractor. Contractor acknowledges that it is an independent contractor and is not an agent, partner, joint venture nor employee of Client. Contractor shall have no authority to bind or otherwise obligate Client in any manner nor shall Contractor represent to anyone that it has the right to do so. Contractor further agrees that in the event that the Company suffers loss or damage as a result of a violation of this provision Contractor shall indemnify and hold harmless Client from any such loss or damage. 38. Rights of Third Parties. Nothing in this Agreement shall create or give to any third party a claim or right of action against Contractor or Client. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. Grant County Museum Client Full Name Contractor Signature Client Representative Signature John Carranco Museum Director Client Representative Name and Title Marshall Signs and Graphics Contractor Full Name Construction Contract Agreement (Rev. 134DA75) 6/7 Certificate of Completion Contractor Name: Marshall Signs and Graphics Property Address: 742 Basin St. NW, Ephrata, WA 98823 Contract Date: May 14, 2025 Completion Date: Construction Contract Agreement (Rev. 134DA75) 7/7