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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 Fairgrounds DATE:05/07/2026 REQUEST SUBMITTED BY: Chris Turner PHONE: 509-237-9824 CONTACT PERSON ATTENDING ROUNDTABLE: Chris TUC11@Y or Kevin Schmidt CONFIDENTIAL INFORMATION: DYES ONO RAgreement / Contract @R Bids / RFPs / Quotes Award D A---P Vouchers 013id Opening Scheduled KEN I OAPPointment / Reappointment EIARPA Related OComputer Related DCounty Code 013oards / Committees OEmergency Purchase OBudget ElFacilities Related OFinancial FIFunds 0 Employee Rel. 11 Invoices / Purchase Orders El Grants — Fed/State/County 01-eases Ell-learing a Minutes OPolicies 00rdinances []Out of State Travel DMOA/MOU F-1 Petty Cash []Recommendation OProclarnations n Professional Serv/Consultant 0 Request for Purchase OSupport Letter EIResolution E]Tax Levies DThank You's OTax Title Property Cisurplus Req. OWSLCB W%moff This is for the concrete drive ways and pads at the Brian Miller stage The contract was awarded to Zion Excavation LLG In the amount of $49,772.00 Paid from capitol funds approved for 2026 Brian Miller upgrades Fund balance of $76,853.50 Reet 2 If necessary, was this document reviewed by accounting? 0 YES R NO DMA If necessary, was this document reviewed by legal? R YES 0 NO 1:]N/A DATE OF ACTION: ----A -/0) -C�)L df DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN 131: D2: D3: 4/23/24 WITHDRAWN: CONTRACT THIS CONTRACT ("Contract°'), entered by and between, GRANT CgUNTy, duly organized and operating under and by the Constitution and the laws of the State of Washington County"). and Zion Excavation 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 furnish all equipment, tools, and materials to construct 3500 sq, ft of concrete pads and driveways for the Bxian Miller Stage area located in the Grant County Fairgrounds 3953AirwayDriveLake U NE Moses WA, WorV means work individually* and collectively performed bythe Contractor during the project, A The Contractor will be responsible for supplying ana all the work to comp .doing I I complete the following:Supply the complete services, labormaterials, and equip Ispment for removal, d* osal, sloping, dof concrete pads/driveways according t the specificationsgrading, In Appendix A attached at the end of f the contract. Provide. all materials,, equipment, and lab r to co- late the p 0 m roject. Remove, haul away, and legally dispose of all excess materials and,debris. Removal, and disposal of al(waste generated by the project. Associated waste disposal costs are the responsibility of the,contractor. i- 4 Provide safety barricades, si g*ns, cones any other means to keep people and vehicles clear of the .area while the pro ect is occurring Marking of utilities and ,underground infrastructure. Provide traffic and pedestrian. safety markingas needed. Develop plan with project manager to mi* nimize impact to County business during project. Clean up of all areas. affected by work related to "ob. J coordinate with project manager in regard to time needed to complete project. IVISDS are to be provided and available by the contractor upon demand and on site for any chemicals brought on site,. I '1 0 1 2, Project Site. The work shall be accomplished upon the real property commonly known as the Grant County Fairgrounds sitkeded on about 3953 Airway Drive NE Moses Lake Washington, or as maybe more specifically directed at the sole discretion of the County. 3. Date of Commencement and Date of Completion, The Contractor shall commence the 01 � work described herein upon receiving notice to proceed from the County beginningp at a time mutually agreed. upon by the parties after having obtained all necessary permits/bonds. Substantial completion of the work shall occur by July 17, 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. CSFG 2604 Brian Miller Concrete 4* Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in Paragraph 14, and, with payment of such Contract Sum subject to provis ions set forth below inFaragraphs 8-and 12,andanyotherprovisioncontained withinthe Contract whichm4y affect such Contract Sum to be paid to Contractax, is as follows: Subtotal Washington State Sales Tax 8.2% $3,7ry2 ap Total $49,772.Ot}Retainage (5% of Subtotal) 2300,00 a Retainage: Required. for this. project. A retainage, bond isand d preferred. 5% retainage is required under- RCW 6Q.28.4QL The contract is over $35,000, requiring a notice of completion to be fled and approved before releasing n retainage, b. Intents and Affidavits: Statements Ofintent to pay prevailing wages and affidavit,,0 of -wages paid are required to be submitted to Washington State Labor and Industries. according toRCW 39.12.04Q, c. Payment Interval and Billing., The Contractor shall submit a monthly biding 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 ofwork, completed as mutually agreed on by the Contractor and 'UP the County. The County Will pay such a statement and *I invoice within thirty (3 0) days ofreceipt, 5. Performance and Payment Bands:.Required tor 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 o, f the contract, provided that such claims., damages, losses or expenses are caused zn whole or in part by any negligent or wrongful I 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. maybe 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 V. for indemnification. The parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration of termination of this contract. CSFG 2604 Brian Miller Concrete By initialing below, the County and Contractor certify that the waiver of immunity contained in this article was mutually negotiated, Contractor County KEL-5 7.1 Insurance., The Contractor -shall procure and maintain, maain, for the duration of this contract, claims insurance against fox injuries to persons or darnaae to propertywnieft may arise ftorn or in connectionith the performance ofWithe work hereunder by the Contractor, its Agents rePresentatives, .employees, or Subcontractors. The contractor shall Provide a Certification of Insurance evidencing: a Automobile Liability0 insurance with limits no less than $1,040,Q00 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liabi lity insurance written on an occurrence basis with limits 10 no less than �$1,OOp,00t� combined single limit per occurrence and $2,OU(l,!?OQ aggregate for personal injury, bodily injury., and property damage. Coverage0 shall. include but not be limited too. blanket contractual; products/comp broad firm property damage; ex leted operations ' Plosion, collapse, and underground if I- d applicable; and employer's liability. 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 Cantractor, and a copy of the endorsement naming the county ,as an additional insured shall -of Insurance. The Contract+�r's be attached to the Certificate 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 fax the unpaid balance of the contract sum, a Work by the County to correct defective work or complete thework. d Failure by the Contractor to perform work within this Contract, c. Cost or liability that may occur to the County due to the Contractor's fault, CSFG 2604 Brian Miller Concrete ,Iigant 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 to the requirements of the Contract Document. In that case, the County shall provide written notice of the deficiency to the Contractor, and the C ontractor 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 appropriate ate stepsto 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 ontr c actors, or other means to make gpodthe- Contractor's deficiency, and (b) deduct from or nullify the Contractor's payments the cost of Such effort described in paragraph .8 of this agreement. 10. '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 workmanship performed by the Contractor. Concerning all warranties,. express . or implied, for work Performed or materials furnished according to the Contract and coan mp ion or applicable documents, the Contractor. shall: Obtain all warranties that would be given in. standard commercial. practice, b Require all warranties too be executed, zn wri iting, for the benefit of the County; and c. Enforce all w benefit of the County, if directed by the County,,arranties for the including any subcontractors., 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 erespec "ve y bind thems Ives, their U I .partners, successors,, assigns, and legal representatives to the other party hereto and to partners', assigns, and legal representatives of such other party regarding covenants, .s1 aL_ ,, agreements, and obligations contained 'in the Contract. Neither party shall assign the work rk without the written consent of the other. Ifeither 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. CSFG 2604 Brian Miller Concrete If the County desires to order a change in the work, it may request a written Change Order I ^ proposal from the Contractor. The contractor shalt submit a Change Order proposal within 14 days of the request from the .County or wxithin 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 conlpensatian for all delays �� connection with such change in the work and for any expense or inconvenience, dsrupfiion of schedule, or loss of efficiency or productivity occasioned ley the change in the work. Upon receipt of the Change Orderproposal 4r a request for equitable aCl]USl'T11erit to -the COriiraCt SUITI or time Of peTFprriaiiCB, the County may accept or reject the proposal, request further documentation, oar negotiate acceptable terms with the Contractor,, Pending agreement an 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 le gal 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 vfthe County or to bind the County in any manner or thing whatsoever. 14. Clean Up. The contractor shall alwayskeep the groject site, including haul ing 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 completingtheWork, 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 cast 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 shill nevertheless be andremain in full force and effect. 16. Entire Agreement. The Contract embodies the entire agreement between the parties; all other agreements, Aral 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 ofthe essence. No verbal, or other agreements modify or affect the Gantract. 17. Explanation of Documents. The Contractorhas thoroughly reviewed the Contract. The Contractor has had the opportunity to consult with legal counsel as to the legal effect of the Contract. CSFG 2604 Brian Miller Concrete 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 m R, postage ailed by regular mail, Prepaid to the address specified adjacent to the parties' signatures. All notices shall A .0 # -es be deemed served upon aeuvery thereof or three (3) days following deposit of the notice in the US mail as required herein, 19. Heading's, 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 con* struing the parties' intent regarding this contract; no more significant or stricter construction of any t"" be asserted against the county as drafter. or provision hereof shall 2U. Groverning 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 Countv, Washington, CSFG 2604 Brian Miller Concrete Ap.pendix A� PART I — GENERAL lA DESCRIPTION A. This wor k includes all labor, materials, and equipment necessary to furnish and install concrete Pads. B. Included is haul off all old concrete and waste'material, A ^ C. Clean dirt can be disposed off' on -site per Manager. D. Ground. will be leveled. to new pad so to have no trip hazards,, PART 2 - PRODUCTS% 2*1 GENERAL Concrete Pads will be 6 inches thick with 5/8 rebar on 2-foot square pattern, wi ll w11 provide 5/8 rebar, Concrete shall be a Six sack mix and sloped for drainage,. Pad preparation shall be dug out to fit grade and have 2 inches of 5/8 min us gravel compacted CSFG 2604 Arian Miller Concrete CONTRACTOR Zoii Ex4c-avatioti LLB-. Accepted Daryl O'\eal License No. ZIONEEL764PQ UBI: 605-602-571 Dated the of 1016 4e- q1— - 1 aw 6. 0 BOARD OF COUNTY COMMISSION17ERS GRANT COUNTY, WASHINGTON Kew-n Burgcgi�/Chair Cindy Carter, Membcr ATTEST: 2 6d'. Manell of the Board A Approved as t pp Trevo eViel. Dcp Prosecuti Attornev CS FG ' " ).604 Brian Miller Concrete