Loading...
HomeMy WebLinkAboutAgreements/Contracts - Facilities & Maintenanceft" GRANT 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 REQUEST SUBMITTED BY: Kevin Schmidt DATE:4/8/2026 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 El 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 Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB Request approval for the contract with Stan's Construction and Son,LLC to construct the stormwater infiltration swale for the parking lot at the District Court Location at 1525 Wheeler Road in Moses Lake. This an approved capital project with the budget of $50,000 funded from Reet 1. The contract amount is for $23,577.05. This is a project related to the paving of that parking lot. FISCAL / BUDGET IMPACT: Plpasq c9p4;tAqq9# p_g_t Mplete a Fingncial Reqpq4t F9F"F!9F t9 sqbm81ssI1on.--- If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A 0 If necessary, was this document reviewed by legal? DATE OF ACTION: �441-i�7 APPROVE: DENIED ABSTAIN D1: D2: D3: oaI YOU URVIEW o 0 YES ❑ NO ❑ N/A DEFERRED OR CONTINUED TO: 1 W19Mf01ZT."IiTlilkI 4/23/24 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 Stan's Construction & Son LLC, a company duly 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: 1. Work of Contract/Scope of Work. The Contractor shall do all work and famish all equipment, tools, and materials to construct an infiltration swale per the specifications developed by Great West Engineering project 1-25190 at the Grant County District Court Facility located at 1525-Wheeler Road, Moses. "Wore means all work *individually and collectively performedbythe Contractor during the .project. The Contractor will be responsible for supplying and doing all the work to complete the following: Supply the complete services, labor, materials, and equipment for removal, disposal, sloping, grading, of a stormwater infiltration swale in the West side of the parking lot of the Grant County District Court Facility at the project site, 1525-Wheeler Road, Moses Lake. ® Provide all materials, equipment, and labor to complete the project. 0 Remove, haul away, and legally dispose of all excess materials and debris. 0 Slope and grade the stormwater swale to capture excess stormwater run-off per the specifications provided in Great West Engineering project number 1-25190. 1 0 Provide 5"-minus crushed basalt to, line infiltration swale as specified in Great West Engineering project 1-25190. Provide and install pre -cast pin -down curb as specified in the design from Great West Engineering project number 1-25190. • 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. ® Provide erosion and sediment controls as needed. • Marking of utilities and underground infrastructure. • Provide traffic and pedestrian safety marking as needed. • Develop plan with project * manager to minimize impact to County business during project. Permits are not required for the construction of the stormwater infiltration Swale. Clean up of all areas affected by work related to job. Coordinate with -project manager in regard to time needed to oomplote projeot. o Containers to properly store and haul all job -related materials, solid and liquid, fordisposal. MSDS are to be provided and available by the contractor upon demand and on site for any chemicals brought on site. 2. Project Site. The work shall be accomplished upon the real property commonly known as the Grant County District Court building situated on or about 1525-Wheeler Road, 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 FM2601 WRF Infiltration Swale mutually agreed upon by the parties after having obtained all necessary permits/bonds. Substantial completion of the work shall occur by May 31, 2026, 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 sun, 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 otherprovision contained withintheContractwhichmay affect such Contract Sum to be paid to Contractor, is as follows: Subtotal $21,730.00 Washington State Sales Tax @ 8.5% $1847.05 Total $23,577.05 Retainage (5% of Subtotal) NA a Retainage: Retainage is not required for this project as it is -under $35,000. b. Intents and Affidavits: Statements ofintent to pay prevailing wages and affidavits of wages paid are required to be submitted to Washington State Labor andludustries according to RCW 39.12.040. c. Payment Interval. and Billing: The Contractor shall submit a monthly billing statement and invoice 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 work completed as mutually agreed upon by the Contractor and the County. The County will pay such a statement and invoice within thirty (30) days ofreceipt. 5. Performance and Payment Bonds-, 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, m0jufies, 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 part by any negligent or wrongful act or omission, including passive or active negligence, of Contractor or its subcontractors, any of their agents or'employees or anyone for whose acts any of them may be liable, except to the extent that the same results from County's negligent or wrongful act or omission. 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. FM2601 WRF Infiltration Swale By initialing below, the County and Contractor certify that the waiver of immunity "r contained in this articlevasmutually negotiated. Contractor County 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 Z� 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 written on an occurrence basis with limits no less than $1,000,000 combined 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. 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 work or complete thework. d Failure by the Contractor to perform work- within this Contract. a Cost or liability that may occur to the County due to the Contractor's fault, FM2601 WRF Infiltration Swale negligent acts, or omissions. 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). 9. Authority of County. Suppose the Contractor fails to perform the work according tothe requirements of the Contract Document. In that easel 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. 10. Warranty of Construction. In addition to any special warranties provided elsewhere in the Contract Document .anal 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 workmanship 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. 11. 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. 12. 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. FM2601 WRF Infiltration Swale 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 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 Ru-ther 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. 13. 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 Co . ntractor 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. 14. 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. 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 agreements, oral or written, are now merged and superseded by the Contract. There are no otber 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 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 Contract. FM2601 VMZ.F Infiltration Swale 18. 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 notice in the U.S. mail as requiredherein. 19. Headings, Construction. The headings of the sections and paragraphs are inserted solely for the 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 this contract,, no more significant or stricter construction of any term or provision hereof shall be asserted against the county as drafter. 20. Governing Law, Venue. The performance and interpretation of the Contract Document shall be governed and interpreted by the laws of the State of Washington. Anylitigation arising from or in connection with this Contract shall be conducted in Grant County, Washington. FM2601 WRF Infiltration Swale CONTRACTOR: Stan*s Consiruction and Son, LLC Accepted By; David Tonnozov License No. STANSCS84 1DA UBI: 543-Sb6-9 1 8 .2026. Dated the �o of �, � Kevi*n Burgess, *VJP '0 k� Ai Cindy ATTEST: Caiffin_ E-Mane'll, Clerk. of the Board 4F Prosecuting Attomey mm� FM2601 VYRF Infiltration Swale