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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: Facilities and Maintenance DATE: 3/12/2026 REQUEST SUBMITTED BY: Kevin Schmidt PHONE: 509-754-2011, 3272 CONTACT PERSON ATTENDING ROUNDTABLE: Kevin Schmidt/Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO ®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 U-:1-ni, 7W-V; 1 Es!:R'04, Request to approve contract for Zion Excavation LLC to replace the concrete behind the Dictrict Cout on Wheeler Road in Moses Lake. The concrete is collapsed and in very poor condition. The bid to do the work is $34, 665.75 with tax, Ths is an approved capital project and will be paid using REET 1 funds. The budget for this project is $37,500. The project isschdeuled to be completed by April 30, 2026. If necessary, was this document reviewed by accounting? ❑ YES Im NO ❑ N/A If necessary, was this document reviewed by legal? * YES ❑ NO ❑ N/A DATE OF ACTION: �7 � APPROVE: DENIED D 1. D2: � r D3: ABSTAIN DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 CONTRACT THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly organized and operating under and by the Constitution and the laws of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 C"County"), and Zion Excavation LLC UBI No. 605-602-571, a company duty formed 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: Work of Contract/Scope of Work. The Contractor shall do all workandfamish all tools, materiats, equipment, and things of every description necessary for the removal and replacement of the concrete slab located at the South end of the Grant County District Coin Facility located at 1525-Wheeler Road, Moses. "Wore means all work individually and collectively performed by the Contractor d-Luing the project. The Contractor will be responsible for supplying and doing all the work to complete the following: Supply the completc services, labor, materials, and equipment for removal, disposal, backfill, and pour and finish of a concrete slab located on the South end of the Grant County District Court Facility at the project site, 1525-Wlleeler Road, Moses Lake, WA. Provide all materials, equipment, and labor to complete the project. Saw cut, break up, remove, haul away, and legally dispose of all exiting concrete and debris. Prepare subgrade including excavation as needed, supply and place required fill material and compact to 95% density. Form, place, finish, and cure new concrete slab meeting 4000 psi strength at 28 days. Reinforce with % inch metal rebar. Proper jointing and sealing is required, Removal and disposal of all waste generated by the project. Associated waste disposal costs are the responsibility of the contractor. Provide safety barricades, signs, cones any other means to keep people and vehicles clear of the area while the project is occurring. Develop plan with project manager to minimize impact to County business during project. All permits and related costs are the responsibility of the contractor, • Clean up of all areas affected by work related to job. Coordinate with project manager in regard to time needed to complete project, Containers to properly store and haul all job -related materials, solid and liquid, for disposal. • AIS are to be provided and available by the contractor upon demand and on site for any chemicals brought on site. 2 Project Site. The wo& shall be accomplished upon the real property conimmily Imown as the Grant County District Count bufi&g situated on or about 1525-Wheetckr Road, Moses Lake, Washington, or as may be more specifically directed at the sole discretion of the Conn-ty. 3. Date of Commencement and Date of Completion. The Contractor shall cormnence the work described herein upon receiving notice to proceed from the County beginning at a thne mutually agreed upon by the parties after having obtained all necessary permits/bonds, FM.,2603 WRY' Concrete Replacement Substantial completion of the work shalt occur by May 31, 2026, unless delays beyond the control of either pa cause, the date to be extended. This date will not be extended without approval by the Cotmty. 4, Contract Sum and Tenns. The agreed Contract stun, except for provisions set forth below in Paragraph 14, and with payment of such Contract Sum subject to provisions set forth below in Paragraphs 8 and 12, and any other provi sion containedwithin the Contract which may affect such Contract Stun to be paid to Contractor, is as follows-, Subtotal $315950.00 Washington State Sales Tax @ 8.5% $2715. 75 Total $3405.75 Retainage (5% of Subtotal) NA 4 a. Retainage: Retainage is not required for this proj - ect as it is under $35,000. h Intents and Affidavits: Statements of intent to pay prevailing wages and affidavits of wd are required to be submitted to Washington State Labor and Industries ages pai according to RCW 39.12.040. a Payment Interval. and Billing: The Contractor shalt submit a inolithly billing statement and invoice to the Cotmty. Such billing statement anal. invoice shall set out 0 the nature of the work performed, the time and mateiials 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 NvAin thirty (30) days of -receipt, 5. Performance and Payment Bonds: Required for this prqjQct. 6. I-ndemnity and Hold ffan-mess. The Contractor shall defend, indemnlWy, and hold the County, its officers, officials, employees, and volunteers harmless from any claims, fnju-Hes, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of the contract, provided that such claims, damages, losses or expenses are caused in Whole or in pzu.-t by any. negligent or wrongful act or omission, 'Including passive or active negligence, of Contractor or its siib contractors, any of their agents or emplovecs or anyone for whose acts any of them may be li A] e, except to the extent that the same resi-Ifts from Caunty's 'neclliu-ntor wrongful act or omissiun. t:) -, It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of i-mm-a-rity under Tndustrial T-nsurance, title 51 RCW, solely for indeninification. The patties have mutually negotiated this waiver, The provisions of this section shall survive the expiration of teiinination of this contract. By initialing below, the County and Contractor certify that the waiver of immunity FM2603 WRF Concrete Replacement contained in this article was mutually negotiated,. Contractor County 7. Insurance. The Contractor shall procure and maintain, for the duration of this contract, insurance against claims for Mituies to persons or damage to property which may arise from or rn connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall providQ a Certification of Insurance evidencing: EL Automobile Liability insurance wide limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Commercial General Liability insurance vaitten on an occurrence basis with limits no less than $1,000,000 combined single limit per occutTence and $2,000,0oo aggregate for personat injury, bodily injury, and property damage. Coverage shaft include but not be limited to blanket contractual; products/completed operations; broad form property darnage; explosion, collapse, and underground (XCU) if applicable; and employer's liability. C Worker's Convcnsafion insurance at the limits established by the State of Washington. Any payment of deductible or self -insured retention shall be the Contracto:es sole responsibility. The County shall be named as an additional insured on the insurance policy concerning work perfornied 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 Cuntractor)s insurance shall be the pritnary insurm-ice conceming the County, and ftie County shall, be given thirty (30) days prior written notice of tiny cancellation, suspension, or tnzatcHal change in coverage. 8, Payments Withheld. The County may withhold or nullify the vVhole or patt of any payment to suoh extent as may be necessary to protect the County 'from. loss or damage Bor reasons including but not limited to: a Work not within the Contract. b. Reasonable evidence that the work requixed by the Contract cannot be completed for the unpaid balance of the contract sura. c. Work 'by the Comity to correct defective work or complete the work. d. Failure by the Contractor to perform work within this Contract. e, Cost or liability that may occur to the County due to the Contractor's faLilt, FM2603 WRF Concrete Replacement ticort�ligent acts, or omissions. PROVIDED: In any case where part or all of a payment is going to be witlitietd for unsatisfactory performance, the Cowity shall notify the Contractor per RCW 39.76.01 1(b). 9. Authority of County. Suppose the Contractor fails to perform the work according to the requirements of the Contract Docurnent. In that case, the County shall provide written notice of the deficiency to the Contractor, and the Contractor shall have seven d-rays to coiTect the deficielicy in the wo& Ifthe 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 inake 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. M 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 famished or workmanship perfofmedby the Contractor. Concerning all w=anties, 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 Cumity, Mel-ading any subco-ntractor's, manufactureis, or supplier's warranty that extends beyond the period specified in the; Contract. d. The obligations under this Section shall sum"ve Completion. 11. Successors and Assigns. The County and Contractor respeciively 'bind themselves, their partners, successors, assigns, and legal, representatives to the other arty hereto and to partners, successors, assigns, and legal representatives of such other party regarding covenants, agre=ents, and obligations contained in the Contract. Neither party shall assign, the wor1c 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. 12, Changes in work. The County may, at any time and without notice to the Contractor's surety, o-rder additions, deletions, revisions, or other changes in the work. These changes in the work shall be incorporated into the Contract Document dirough 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 perfomiance time. Tn that case, an equitable adjustment shall be made, and such adjustments (s)shallbe incorporated into a Change Order, FM2603'WRF Concrete Replacement 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 n-i-atually 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 performance, and including compensation for all detays 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 wofk. Upon receipt of the Change Order proposdl 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 tenns with the Contractor. Pending agreement on the ter of the Change Order, the County inay 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 wiycounty- directed change in the work shall be executed per the Contract. 13. No Agency Relationship. Neither the Conti -act nor any agreetnent implied th'erefrom 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 hnpfied k'"' -right or adhority to assume or create any obligation or -responsibility on behalf of or in the -name ofthe Cotinty or to bind the County in any manner or thing whatsoever, %..I 1.4. Clean Up. The contractor shall al -ways keep the project site, including hauling routes_, infi-astructures,, utilities, and storage areas, free from accurn-diations of waste materials. Before completing the work, the Contractor shall -remove its nibbish, tools, scaffolding, equipmeiit, 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 faits to clean -u ' p as provided hereiia, and after reason-tible notice from -the County, the otuaty may do so, and the cost thereof shall be charged to the Conti -actor, 15. 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, 16, Entire Agreement. The Contract embodies the entire agreement between the parties; all other agree-ments, oral or written, are now merged and superseded by the Contract. There are -no other agreements Which modify or affect the teems hereof No ameirldmunt hereto shall 'be binding unless the tees thereof are in writing and signed by both parties. Time is of the esse-ncc. No verbal or other agreements modify or affect the Contract. 17. Explanation of Documents, The Contractor has thoroughly reviewed the Contract. The Contractor has had the opportunity to consult with legal counsel as to the legal effect of the CunLrad. FM2603 WRF Concrete Rcplacement 18. Notices. All notices required under the tems 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. Alt notices shall be deemed served upon delivery thereof or three (3) days folloNving deposit of the notice in the U.S. snail as requiredhereffi. 19, Headings, Construction. The headings of the sections and paragraphs are inseftcd solely for the convenience of the parties. They are not a part of and are not i-titetided to govern, limit, or aid in constivaing any term or provision hereof. In constrain g the parties' intent regarding this contract, no more significant, or stricter construction of any term or provision hereof shall .be, asserted against the courity as drafter. 20. Governing Law, Venue. The performance and interpretation of the Contract Domuent shall be governed and interpreted by the laws of the State of Washington. Any litigation arising froin or in comection with this Contract shall be conducted in Grant County, Washington. FM2603 WRF Concrete Replacement CONTRACTOR: Zion Excavating LLC Accepted B. '/ Daryt ONeet License No. Zionee1764PQ UBI: 605-602-571 Dated the / 7- of A�rC. Li , 2026. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Kevill Burgess Xh.air.----"--, ATTEST: Caitlin E * Manell Clerk of the Board Approved as to form: Lily Trevor Sevier Deputy Prosecuting Atto-mey Date: FM2603 VConcrete Replacement