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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: 5/15/2026 REQUEST SUBMITTED BY: Kevin Schmidt PHONE: 509 754 20119 3272 CONTACT PERSON ATTENDING ROUNDTABLE: Kevin Schmidt/Tom Gaines CONFIDENTIAL INFORMATION: EYES ❑NO -- - I i I I R 11 1 1 1 1 '1 1, 011 1 --- va 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 Ell -eases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations FOR Request for Purchase ❑ Resolution [-]Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑Surplus Req. ❑Tax Levies []Thank You's ❑Tax Title Property ❑WSLCB Lek] W M* F&M is respectfully requesting approval for the contract with National Facility Contractors for the replacement of the sidewalks around the Grant County CSHR Facility located at 21 C St SW in Ephrata. This project was put out to bid and National Facility Contractors had the low bid at $87,336.69, this includes WSST. The bid is $3,336.69 over teh budgeted amount of $84,000.00. There are funds remaining from other Reet 1 projects, the parking lot swale and back concrete replacement at Wheeler Road, that could be used to fund this project. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? W YES ❑ NO ❑ N/A DATE OF ACTION: ` rS_-3b DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: K D2: -�e D3: WITHDRAWN: 4/23/24 NOVI I THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly organized and operating under and by the Constitution and the laws of the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 National Facility Contractors LLC UBI No. 605-623-717 , a company duly formed and doing business in the State of Washington C'Contractor"). In consideration of the mutual promises and ,covenants contained herein, the parties hereto agree as follows: 1. or of Contract/Sc9p' c,of Work. The Contractor shall do all work and furnish . all tools, materials, equipment, and things of every description necessary for the removal and replacement of the concrete sidewalks as described in the request for bids packet and answers to questions pertaining to project "FM2605 21 C St Sidewalk Replacement" located in the Grant County CS.HR Building located at 21 C ST SW in Ephrata, Washington "Wore means all work individually and collectively performed by the Contractor during the project. Ile 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, backfill, and pour and finish of concrete sidewalks located on the South end of the Grant County CSHR Facility located at the project site, 2 1,C, St SW, Ephrata, WA. Provide all labor, equipment, materials, traffic control, and supervision. Coordinate utility locates and verifies there are not conflicts with proposed excavation. Maintain site safety and housekeeping; comply with OSHA and local requirements. Protect adjacent buildings, properties and existing drainage features Provide all materials, equipment and labor to complete the project. Excavate and provide 4 inches of 1/4" minus angular gravel for subbase for sidewalk concrete. Compact subbase to a minimum of 95% compaction. Details are in Appendix A Supply a minimum of 4 inches of 3,000 PSI, 4-6% air -entrained exterior concrete mix with 318r--314 in aggregate for the entire area of the sidewalk project. Specify it as "air -entrained sidewalk mix" or "exterior flatwork" at the plant. Details are in Appendix A. • Traffic control when working near the road and entrance of parking lot. All vermits and related costs will be the res onsibilit .of_the. eontractor. Supply barricades, Safety Tape, or other methods to prohibit vehicular and pedestrian traffic from entering affected areas during the time that work is being done. Develop timeline with project manager to effectively manage areas being treated to notify and Grant County Personnel and Public of parking lot availability. Removal and disposal of all waste generated by the project. Associated waste disposal costs are the responsibility of the contractor. Clean up of all areas affected by work related to the project. • Supply containers to properly store and haul all job -related materials, solid and liquid, for disposal. • MSDS are to be provided and available by the contractor upon demand and on site for any chemicals brought on site. FM2605 21 C St Sidewalk Replacement a Project ... Site. The work shall be accomplished upon the real property commonly known as the Grant County CSHRbuilding situated on or about 21 C St. SW, Ephrata, Washington, or as may be more specifically directed at the sole discretion of the County. I Dadte of Commencement and Date of Com letion The Contractor shall commence the work described herein upon receiving notice to proceed from the County 'beginning at a time mutually agreed upon by the parties after having obtained all necessary permits/bonds. Substantial completion of the work shall occur by August 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 sum, 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 provision containedwithin the Contractwhich may affect such Contract Sum to be paid to Contractor, is as follows: F Subtotal $80o568.90 Washington State Sales Tax 8.4% $67 779 Total $87336.69 Retainage (5 % of Subtotal) $4,028.45 a Retaingg'e. Required for this project. A retainage bond is acceptable and preferred. proi 5% retainage is required under RCW 60.28.001, The contract is over $35,000, requiring a notice of completion to be filed and approved before releasing retainage. h Intents and Affidavits: Statements of intent to pay prevailing wages and affidavits of wages paid are required to be submitted to Washington State Labor and Industries according to RCW 39.12.040, c P ent Interval and Billin : 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 wi 11 pay such a statement and invoice within thirty (30) days of receipt. 5. Performance and Pament 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, injuries, 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 FM2605 21 C St Sidewalk Replacement 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. By initialing below, the County and Contractor certify that the waiver of immunity contained in this article was mutually negotiated. N P, Contractor, county !2 7. Insurance. The ontractor 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 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 Liabilitv insurance with limits no less than $ 1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General LighLifty 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 (XC,) if 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 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: FM2605 21 C St Sidewalk Replacement 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. a Work by the County to correct defective work or complete thework. 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 fault, negligent acts, oromissions. 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 Count. 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 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 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 ftorn or nullify the Contractor's payments the cost of such effort as described in paragraph 8 of this agreement. 10. Warranly, of Construction. In addition to any special warranties provided elsewhere in the Contract Document and companion or applicable documents, the Contractor warrants that all workconforms 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: 0 a Obtain all warranties that would be given m standard commercial practice. b. Require all warranties to be executed, in writing, for the benefit of the County; and a 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 AssiRns. 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 FM2605 21 C St Sidewalk Replacement 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. Chan es 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. 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 further 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 Agencv Relationshi . 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 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 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 ftom. the County, the County may do so, and the cost thereof shall be charged to the Contractor. 15. 5urvival. 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. FM2605 21 C St Sidewalk Replacement 16. Entire AgLeement. 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 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 theContract. 17. Explanation of Documents. The Contractor has thoroughly reviewed the Contract. The thoroughly Contractor has had the opportunity to consult with legal counsel as to the legal effect of the Contract. 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 thereofor three (3) days following deposit ofthe notice in the U.S. mail as required herein. 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 tern or provision hereof shall be asserted against the county as drafter. 20. Governing Law. Venue. The perfort-nance and interpretation of the Contract Document shall be governed and interpreted by the laws of the State of Washington. Any litigation arising from or in connection with this Contract shall be conducted in Grant County, Washington. FM2605 21 C St Sidewalk Replacement CONTRACTOR: National Facilities Contractors, LLC Accepted By - David Wescott / License No. NATIOFC767RK UBL 605-623-717 Dated the Of ti .2026, BOARD OF COUNTY COMNUSSIONERS GRANT COUNITY, WASHINGTON Kevin Burgess, Cindy ATTEST; iffin E. Manell lerk of the Bow Approve4�49,form: By evier Trev. � B'evi er ev De uty Prosecuting ttomeyte:.-_ a 4.- _ FM2605 21 C St Sidewalk Replacement Detail for the concrete and subbase specifications. • Excavate and provide 4 inches of 3/4" minus angular gravel for subbase for sidewalk concrete. • Compact subbase to a minimum of 95% compaction. • Supply a minimum of 4 inches of 3,000 PSI, 4-6% air -entrained exterior concrete mix with 18-314 in aggregate for the entire area of the sidewalk project. Specify it as "air -entrained sidewalk mix" or "exterior flatwork" at the plant. Receipt from plant of mix provided will be supplied by contractor to County to show proof of specified concrete was supplied for project. Contramf Nis to Confirm Skiewalk width and tangths FM2605 21 C St Sidewalk Replacement