HomeMy WebLinkAboutAgreements/Contracts - FairgroundsGRANT 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 6/30/2026
DATE:
REQUEST suBMIrrED BY: Chris Turner 509-237-9824
PHONE:
CONTACT PERSON ATTENDING ROUNDTABLE: Chris Turner, Kevin Schmdit
CONFIDENTIAL INFORMATION: DYES 50NO
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Agreement 1 Contract
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OWS LCB
This is for the repair to concrete in the Rabbit barn
The contract was awarded to Carlile Excavition in the amount of $17,312.00
Paid from capital funds approved for 2026 Brian Miller upgrade
Fund balance of $18,210.59
If necessary, was this document reviewed by accounting? C] YES M N4 ❑ N/A
If necessary, was this document reviewed blegal? � � W YES 0 NO 0 NSA
DATE OF ACTION: 1/1 Zv DEFERRED OR CONTINUEQ TO:
APPROVE: DENIED ABSTAIN
131:
D2:
D3:
4/23/24
WITHDRAWN:
CONTRACT
THIS CONTRACT ("Contract"), entered by and between QRANT COUNTY, duly
organized and operating under and by the Constitution and the laws of the State ofWashington
44COIMV�).� i
and Carlile Excavat*on Inc., a company duly formed and 1
doing business in the State
of Washington ("Contracto
In consideration of the mutual promise s and covenants contained herein,, the parties
hereto agree as follows -
I. Work. of ContLact/Scom of 4
Work. The Contractor shall do �11 work and famish all
equipment., tools, and materials to take out and replace concrete in th! e Rabbitbarn located in
the Grant County Fairgrounds 3953Al*rway Drive NE Moses Lake WA. "Wore means all work
individually and collectively verformed by the Contractor during the ' project.
The Contractor Will be responsible for supplying and doing all the woik to.complete the
following: Supply the complete services, labor, materials, and -equipm"
ent for removal and
pounng concrete according to the specifications inAppendix A attaeheld at the end of the
contract.
Provide all materials,. equipment, and labor to complete the project.
Remove, haul away, and legally dispose of a.11 excess materials a i nd debris.
Removal and disposal of all waste generated by the project. Asso'ciated 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
Marking of utilities and underground infrastructure.
Provide traffic and pedestrian safety mar ing as n
k* eeded.
Develop plan with project manager to minimize impact, to County Ousiness during p1701 'ect.
Clean up of all areas affected b work related to job,
y
Coordinate with project manager in regard to time needed to complete project.
MSDS are to be provided and available by the contractor upon.dmand and on site for any
chemicals brought on site.
2. Praject
Site. The work shall be accomplished upon the real property commonly known as
the Grant County
Fairgrounds situated on about 3953 Airway Drive NE Moses Lake Washington, or as
may be more specifically directed at the sole discretion of the County.
3. Date of Commencement and -Date of Com-aletion. The Contrabtor shall commence the
work described herein upon receiving notice to proceed from the CoOty beginnuxg at a time
mutually agreed upon by the parties after having obtained all necessai 'y permits/bonds.
Substantial completion of the work shall occur by August 7,, 2026, unless delays beyond the
control of either party cause the date to be extended. This date will fat be extended Without
approval by the County,
.I. YN e!!6+,!%
CSFG 2607 Rabbit ijam concrV.;LV,;
contained in this article was mutually negotiated, .
Contractor
4. Contract Sum and Term - s. The agreed Contract sum, except for provisions set forth below
in Paragraph 14, and with payment of such Contract Sum subject,to provis # ons set forth below
inParagraphs8 and 12, and any other rove contained within the Contract w1hichmay affect
Contract Sum to be paid to Contractor, is as follows:
Subtotal
$16,000.00
Washington State Sales Tax 8.2% $15312.00
Total $17312.00
Retainage (5% of Subtotal) NA
a Retainage: N/A
b. Intents and Affidavits.- Statements ofintentto, •pay prevailing wages and affidavits
0
of wages paid are required to be submitted tc o W
Industries according to RCW 39.12-040.. ashington State Labor and
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. up
5. Perfort-nance and Ppyment Bonds: Required for this project.
6. Indemni1y - 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 wi•
th the
performance of the contract provided that such claims, damages, losses or expenses arecaused
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 5 1 RCW, solely
for indemnification. The parties have mutually negotiated this waiver. The provisions of thi , s
section shall survive the expiration of termination of this contract.
R so *4-"Me n
.V 1,11 a ng below, the %,ounty and contractor certifv that the wnivpr n-FiMM1111"N*
11-Y
County KR-6
CSFG 2607 Rabbit Barn concrete
7. Insurance. The Contractor shall procure and maintain, for the duration of this contract,,
insurance against claims forinjuries to persons or damage to property which may arise from or
in connection with the performance of the work hereunder by the Contractor, its aaents,
representatives, employees, or subcontractors. The Contractor shall provide a Certification of
Insurance evideem g:
*1 �Automob
v a
ig�L-insurEmce with limitsno less than $11000,00 combined
single limit per accident for bodily injury and property damage; and
b. cgmmercial.General Lighdhty- insurance written on an occurrence basis with I1
*mits
no less than $L000,000 comb*
ined single limit per occurrence and $2.,000,000
aggregate for personal injury, bodily inj 0 ur . y, and vrovertv damage. Coverage shall
include but not be limited to blanket co
ntractual*5 Products/completed operations,,
broad form Property damage, explosincollapse, 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 * 0 a -
in po ley concerning or
le
Per.formed 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
0
insurance. shall be the Primary insurance concerning the County, and the County shall be iven
thirty (30) days prior written notice of any cancellation, •su�pension
coverage, or material change in
Pa entsithh
-.-YM Weld, 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..
Work by the County to correct defective work or complete the work.
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, negligent acts,,
or omiss t*ons,
PROVIDED: In any case where part or all of a payment is going to be w*
unsatisfactory performance, the County shall notify � w ithheld for
the Contractor per RCW 3 9.76.011 (b).
CSF G 2607 Rabbit Barn concrete
.90 Authoritv of Count� z .. Suppose the •Contractor fails to perform the work according tothe
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 dqudefcenc0 `,�s tocorrect the in the wor. Ifthe Contrctor fails to coct the deficiency in the work within the seven da• ys or
to take and continue all appropriate steps to initi ate 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,
100 0
Barran tv 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.
10 . n-1*ItConcerning all warranties, express o•r piiect, 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 executedin writing, for the benefit of the County; and
C. Enforce all warranties for the benefit of the County, if directed by the County,
a ilk
including any subcontractor's, manufacturer's, or supplier's warranty that extends beyond
the period specified in the Contract,
d The ob ligations under this Section shall survive completion.
Successors and Assigns. The County and Contractor respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other vartv hereto and to partners. -
successors, assigns, and legal representatives of such other
party regarding covenants!,
agreements, and obl*gat* nt d On the Contract. Neither party shall the work
i ions co aine i assign
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.
6
l2, Charxaes in Work. The Coun�ma y,at any time and and 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 fromtheCounty or within such other period as mutually agreed. The
contractor's Change Order proposal shall "include total compensation for implementing the
CSFG 2607 Rabbit Barn concrete
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 o Change Order Dr
C�_ proposal
al
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 AggnOy Relationship.Neither the Contract nor any agreement implied therefrom
constitutes the Contractor as an agent or legal. re -Presentative of the County for any purpose
whatsoever, and the Contractor's - e
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 t
,.o assume or create any obligation orresponsi responsibility on behalf of or inthe name
b
ofthe County or to bind the County in any manner or thing whatsoever,
14, Cl
gan-U . The contractor shall always keep the project site, includinMg hauling routes
:I
infrastructures, utilities, and storage areas, free from accumulations of wast 0 l
. Before
e materi
completing the work, the Contractor shall remove its rubbish, tools, scaffolding, equipment, and
materials from the premises. Upon completing the Work, the Contractor shall lea v*e 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
other agreements which modify or affect the terms hereof.No amendment hereto half. be
binding unless the terms thereof are in writing and signed by both, parties,, Time is ofthe essence,
N verbal or Other agreements modify or affect the Co ntract*
17. EXDlanation 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.
CSFG 2607 Rabbit Barn 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 mailed by regular mail, postage 4" 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 the noticein 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 *
or aid 'in construct* .0 0 T intended. -to govern, limit,
16 ing any term or provision hereof In cons,t uing the part -lest 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. Governiri Law Venue. The performance and interpretation of
the Contract. Document
shall be governed and interpreted by the laws of the State of Washington. Anylifigation arising
from or in connection With this Contract shall be conducted in Grant County, Washington.
CSFG 2607 Rabbit Barn. concrete
1
CONTRACTOR: Carl He Excavation Inc.
Acccpted
Seth Carlile
License No. Car1ie1844DJ
UBI: 603-538-033
Dated the JU Al t.af 2026.
ATrEST:
------ Z�Z,
Caitlin It. Manell
erk of the Board
Approved as
By
Tro or
r Bevier
Prosecuting Attorney
BOARD OF COUNTY COMMI[SSION]ERS
GRANT COUNTY9 WASHINGTON
Kevin Burg
I es, air
CSFG 2607 Rabbit Barn concrete
AP.Pendix A
1. Remove and replace 17x44 feet of concrete on east end of the barn
2. Remove asphalt apron on west end of barn
..Pour 2 new concrete aprons on west end of barn
4. Concrete is 4 inches thick with #3bar on 24(JC square pattern.
5. Sub grade is 2inches of gravel compacted
6. Grind down or patch trip hazards. Painted yellow
7. Haul off all concrete and asphalt. Clean dirt can be dumped on site.
CSFG 2607 Rabbit Barn concrete