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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:Fairgrounds REQUEST SUBMITTED BY,. Jim MCKI@I'tlatl CONTACT PERSON ATTENDING ROUNDTABLE: Jim MCKI@fClatl CONFIDENTIAL INFORMATION: DYES *NO DATE:08/05/26 PHONE:509 237 2672 1.0-111-11 11 P"MIN 11 419 WON' I�Agreement / Contract DAP Vouchers DAppointment / Reappointment Oluillow DARPA Related C. / RFPs / Quotes Award 0 Bid Opening Scheduled FlBoards I Committees n Budget F1 Computer Related DCounty Code El Emergency Purchase I-] Employee Rel. DFacilities Related []Financial 11 Funds El Hearing DInvoices / Purchase Orders ElGrants, — Fed/State/County 01-eases E1MOA / MOU OMinutes 11 Ordinances 00ut of State Travel QPetty Cash CI Policies 0 Proclamations Cl Request for Purchase CI Resolution ORecommendation OProfessional Sear/Consultant DSupport Letter RSurplus Req. []Tax Levies OThank You's C1 Tax Title Property OWSLCB ioilillilli�ilill - - 11 Please approve the contract for the design of the rodeo arena announcers stand. If necessary, was this document reviewed by accounting? � YES El NO R N/A If necessary, was this document reviewed by legal? FQ YES 11 NO R N/A DATE OF ACTION: e—/ /— DEFERRED OR CONTINUED TO: APPROVE; DENIED ABSTAIN D1: D2: D3: WITHDRAWN: 4/23/24 ENGINEERING AND DESIGN CONTRACT This Agreement is made on ) 2026, between Grant County, a political subdivision of the State of Washington ("Owner"), and MEIER ENTERPRISES, INC., a Washington corporation, 12 W. Kennewick Ave., Kennewick WA, 993 3 6-3 832, having a principal being a registered engineer in the State of Washington, holding certificate number 28084 ("Engineer"). WITNESS: The County desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer is willing to perform those services. Therefore, in consideration of the premises and agreements contained here, the parties agree as follows: Article I Description of Project Engineering and Design of a new Rodeo Arena Announcers Stand at 3953 Airway Dr NE, Moses Lake, WA 98837 ("Project"), per the following criteria: • Booth size is 24 feet wide by 16 feet deep. • Front windows are to be made with no glass. • Front' windows should be 6 feet wide, height to start at code level. (Three of them) • Front windows must be hinged at the top and swing in with a latch to secure them during use. • Each side window should slide side -to -side and must be a total of 60 inches wide. • Side windows should have a security cover that attaches when booth is not in use. • Side windows should be positioned within 2 feet of front wall toward arena, • Rear wall should have one window 60 inches wide with a security cover that attaches when booth is not in use. • Booth roof should be slanted with the highest part of the pitch toward the arena. • Booth must be set back 10 feet from front of chutes • Posts must be set at positions near the corners of the booth to allow easy egress under the booth for cattle and people. (25 feet max separation side to side) • Booth floor will be 25 from the ground. • Booth will need a data closet in the southeast corner, with locking door • Booth door will need to be metal with no windows • Booth exit will be at northeast corner on back wall with landings per code and stairs to the north. • Booth will require a 100 amp electrical panel. (Panel is currently in old booth) • Booth will require one 50 amp power connection on the outside, near the landing for the door. Engineering and Design Contract — Pg. 1 • Booth will require fiber connections to existing fiber network. • Booth must conform to all Grant County building and fire codes. • Booth to be designed as a non -conditioned space so energy codes do not apply. • Booth will require roof access through a hatch conforming to Grant County building codes. • Booth will require a counter across the front, at the bottom of window level 18 inches wide. • Siding and roofing should be designed for metal. • Plans must be certified by a Washington State licensed engineer. • Building classification is A-5 occupancy • Stairway must be IBC compliant • Interior wall and ceiling finishes must be IBC Section 803 compliant • Provide an estimated cost for build • (4) sets of drawings, stamped, ready for submission to the Building department shall be provided. Article 11 Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth here, and as provided in Exhibit 1, which is attached to this agreement and by this reference made a part of it. Article III Changes in Scope If changes occur either in the Engineer's Scope of Services or the Description of the Project, a supplemental agreement may be negotiated at the request of either party. Article IV Engineer's Fee County agrees to pay Engineer a fixed fee of $29,200.00 (the "Total Fee"). The Total Fee is based on the performance of the scope of services specified in this Agreement, with submittal of final plans and specifications suitable for solicitation of competitive construction bid proposals on or before September 25, 2026. Payment to Consulting Engineer shall be made monthly based upon the Percent of Services Completed as mutually agreed upon by Engineer and County. Engineer shall submit a monthly billing statement and invoice to County. County will pay such statement and invoice within thirty (30) days of receipt. Article V Ownership of Plans and Documents: Records A. The field notes, design notes, original drawings of the construction plans are and shall remain, the property of the Engineer; however, the County shall be furnished, at no additional cost, one set of reproducible mylars of the original drawings of the work. Engineering and Design Contract — Pg. 2 B. The County shall make copies, for the use of the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer under this Agreement, and also make available any other maps, records, or other materials available to the County from any other public agency or body. C. The Engineer shall furnish to the County, copies of all maps, records, field notes, and soil tests that were developed in the course of work for the County and for which compensation has been received by the Engineer. Article VI Termination A. This Agreement may be terminated by either party upon 30 days' prior written notice to the other party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. B. This Agreement may be terminated by the County for its convenience upon 30 days' prior written notice to the Engineer. C. In the event of termination, as provided in this Article, the Engineer shall be paid as compensation in full for services performed to the date of that termination, an amount calculated in accordance with Article IV of this Agreement. Such amount shall be paid by the County upon the Engineer's delivering or otherwise making available to the County, all data, drawings, specifications, reports, estimates, summaries, and that other information and materials as may have been accumulated by the Engineer in performing the services included in this Agreement, whether completed or in progress. Article VII Assignment This Agreement shall not be assignable except at the written consent of the parties, and if so assigned, shall be binding upon the successors and assigns of the parties. Article VIII Indemnity The Engineer agrees to indemnify the County and its officers, agents, and employees against all actions of any character brought because of any injury or damage sustained by any person, persons, or property resulting from any asserted negligent act, error, or omission of the Engineer or its agents or employees. The Engineer is not required under this agreement to defend the County, its officers, agents, or employees, or any of them from assertions that they were negligent, or indemnify them from liability based on their negligence. The indemnity required here shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. Article IX Engineering and Design Contract — Pg. 3 Insurance The Engineer agrees to procure and maintain at its expense until final payment by the County for services covered by this Agreement, insurance in the kinds and amounts provided below with insurance companies authorized to do business in the State of Washington, covering all operations under this Agreement, whether performed by it or its agents. Before commencing the work, the Engineer shall furnish to the County a certificate or certificates in form satisfactory to the County, showing that it has complied with this paragraph. All certificates shall provide that the policy shall not be changed or cancelled until at 60 days' prior written notice shall have been given to the County. Kinds and amounts of insurance required are as follows: Workmen's Compensation Insurance. Workmen's Compensation Insurance for its employees in accordance with the provisions of the Workmen's Compensation Act of the State of Washington. Liability Insurance. Professional liability insurance in an amount not less than $1,000,000.00 per claim and aggregate and automobile liability insurance in an amount not less than $1,000,000.00, for injuries to any one person and $2,000,000.00 on account of any one accident and in an amount of not less than $1,000,000.00 for property damage to protect the Engineer and its agents from claims that may arise from services rendered under this Agreement, whether those services are rendered by the Engineer or by any of its agents or by anyone employed by either. Article X Discrimination Prohibited. In performing the services required under this agreement, the Engineer shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. Article XI Multi -Phase Construction Contracts Where multi -phase construction contracts are deemed to be in the best interest of the County and are so ordered in writing by the County, then a supplement to this Agreement shall be negotiated between the Engineer and the County. Article XII Administration of Agreement The Chief Administrative Officer, or authorized representative, shall administer this Agreement for the County and the Engineer agrees to follow the Capital Implementation Program Procedures which are in effect on the date of the execution of this Agreement. In Witness, the parties have executed this Agreement as of the day and year written first above. Engineering and Design Contract — Pg. 4 CONTRACTOR: Meier Architecture - Engineering Accepted By: Digitally signed by Bobbi Keen p DN: C=US, B O b b i Ke O I� E=bakeen@meiednc.com, 0="Meier Enterprises, Inc.", CN=Bobbi Keen Date: 2026_09 03 08 a3:03-07'00' Bobbi Keen, President UBL 600-575-702 Dated the 3rd of August, 2026. rll IN/�f�� you Nrr o..••'a'`''% • zg • • • EAL • , cn= i •••'9 0 i ,•••. C; ................ C�► N114G•T0N �0\ ATTEST: Caitlin E. Manell Clerk of the Board Approved as to form: By Trevor Bevier, WSBA 47989 Deputy Prosecuting Attorney Date: Engineering and Design Contract — Pg. 5 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON i Kevin Burgess, C it ,5 ,Vice Chair Cindy Caer, Member Exhibit I. Duty of Engineer The Engineer shall render professional engineering services as described below: 1. Basic Services. a. Preliminary Design Phase. i. Confer with the County to review its objectives and requirements, inspect the site of the work, review the available material assembled by the County, and discuss design criteria and scheduling. ii. Plan and make the necessary reconnaissance surveys and other field investigations. iii. Coordinate with and secure preliminary approval as necessary from the State, the Federal government, utility companies, and any other public or private agency affected by the proposed construction. iv. Plan for and assist the County in procuring any necessary traffic studies, soil investigation, special photogrammetry, or other special studies. v. Plan and procure the necessary field surveys for design. vi. Coordinate all laboratory and field tests to determine proper design as such testing is recommended by the Engineer and authorized by the County. vii. Prepare preliminary engineering studies, design analyses, preliminary plans, preliminary estimate of cost, and outline specifications. In this regard, the parties agree as follows: 1. The design analysis shall contain necessary design calculations to reflect the design and materials shown on the plans in the sequence in which the calculations were made, accompanied by appropriate sketches with formulas written out in general form and each parameter defined, including any necessary cross -sections for earthwork calculations. 2. The preliminary estimate of cost need not be a detailed time and material take -off; however, the estimate must be complete for the Project. All items Engineering and Design Contract — Pg. 6 shall be estimated to arrive at a Project total that represents the estimated construction cost of the Project. The preliminary estimate should be itemized to include the major items of each specialty. Other costs (i.e., engineering, legal, and administrative) shall be shown as a percentage. A summary of total Project costs must show applicable County, State, and Federal participation amounts or percentages. The County shall provide estimates of land costs. 3. The outline specifications shall include name of Project, scope of work included, Project work not in this contract, County -furnished property, if available, a list of drawings, and a list of specifications' sections covering all phases of required work arranged as a guide for formal documents. Where special or unique materials or work are to be incorporated into the Project, preliminary detail specifications shall be included. 4. Four (4) sets of preliminary engineering studies, preliminary plans, preliminary estimates of cost, and outline specifications, and four (4) sets of the design analysis shall be submitted for review and comment by the County. 5. The Engineer shall not proceed with further performance of Basic Services until receiving a written order to do so from the County. b. Final Design Phase. i. Hold conferences with the County and other interested parties or agencies as required to review comments from the preliminary Design Phase submittal. ii. Prepare complete detailed working drawings on standard County plan and plan/profile sheets and accompanying documents using standard County forms and format. All plans, specifications, documents, and layouts prepared by the Engineer shall conform to and comply with standard practice and design requirements of the County and applicable County codes and ordinances for the particular type of facility to be constructed, which are in effect on the date of this Agreement. Exceptions require prior approval of the County. Drawings shall show existing utilities and their locations. Contract Documents shall indicate the sequence in which utilities are to be relocated, where applicable. Drawings for storm drainage improvements shall show design flows and the hydraulic grade line. The plans shall include a Water Shut-off Plan and a Traffic Control Plan. iii. Prepare and submit a detailed Engineer's estimate of cost for the Project. iv. Four (4) sets of the detailed working drawings, specifications, and other Contract Documents to the County for review and comments. v. Hold conferences with the County and other interested parties or agencies as required to review comments from the preceding submission. Corrections and minor changes in the completed Contract Documents, which are required by the County, shall be made by the Engineer at no additional cost to the County. vi. After incorporation of comments, provide the County with four (4) check sets of Engineering and Design Contract — Pg. 7 Contract Documents for the Project. vii. Upon final County approval of the contract documents and prior to the first Advertisement For Bids, provide the County with four (4) sets of the approved Contract Documents for the Project, and famish at actual cost of reproduction, such additional sets as the County may request during a five (5) year period subsequently. viii. Prepare and submit a final Engineer's estimate of cost no later than foul -teen (14) days prior to the bid opening. ix. Secure approval of the final Contract Documents by, and prepare the necessary permits for, the State Highway Department, the State Department of Public Health, the Federal Highway Administration, and any other public or private agency where required or affected by the proposed construction, provided that such approvals are not unreasonably withheld. Famish the County with a copy of that approval or permit. eirmi c. The Construction Phase. i. Assist the County in obtaining construction bids. Tabulate bids and furnish a recommendation regarding the award of the construction contract. ii. Upon award of the construction contract, provide the County with four (4) sets of formal Contract Documents for the Project, including plans and specifications. iii. Assist the County in the execution of formal Contract Documents for the construction contract. iv. Furnish consultation and advice during construction of the work. v. Check manufacturer's shop drawings of equipment or materials proposed for use by the Contractor. Make detailed mill, shop, and/or laboratory inspection of materials and equipment when within the metropolitan area of the County. vi. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. vii. Make periodic inspections and observation of the work in progress and provide monthly inspection reports. viii. Make periodic estimates and certificates of payment at intervals required by the specifications of the Project. ix. Prepare reproducible "Record Drawings" to reflect construction as actually accomplished. "Record Drawings" shall be prepared by revising the contract drawings, or, where contract drawings cannot be satisfactorily revised for record purposes, by preparation of appropriate new drawings. In so far as is practical, legible "marked -up" construction drawings shall be available at the time of final inspection. One set of reproducible mylar "Record Drawings" and aperture cards shall be submitted to the County within [number of calendar daIYSI calendar days after satisfactory completion of the Project, and each sheet shall be clearly marked Engineering and Design Contract — Pg. 8 "Record Drawings" with the date corrected or prepared and the signature of the Engineer thereon. When "Record Drawings" are prepared on a photo base, they shall be capable of reproduction with full detail by microfilm process. x. Make final inspection and recommendation regarding acceptance of the work performed in the construction contract. The Engineer shall permit the County or other participating agencies to make those tests and inspections during the Project and at its completion of construction as may be appropriate or necessary. Prepare final Engineer's report with final pay estimate and tabulation of overruns and underruns with associated explanation for each. In performing construction inspection and observation, it is expressly understood and agreed that the Engineer will exert all reasonable effort to insure compliance with requirements of the construction contract, but the Engineer does not guarantee the performance of the Contractor. 2. Special Services. Only when directed in writing by the County, the Engineer shall famish or acquire for the County the following professional and technical services: a. Provide a competent resident engineer/inspector together with such inspectors as the County deems necessary during the time when construction is in progress. b. Provide the necessary field parties, draftsmen, and other personnel for the setting of grades, lines, and limits of the work, and to verify the accuracy of the work as it is in progress. c. Make land surveys of real property for right-of-way acquisitions and prepare plats and legal descriptions of same. d. Enter into subcontracts for soil and foundation investigations, soil tests and analyses of test results, special photogrammetry, and other third party specialty services. e. Make detailed mill, shop, and/or laboratory inspection of materials and equipment when outside the metropolitan area. f. Provide additional copies of reports, drawings, and contract documents in excess of the specified number famished in the Basic Services. g. Assist the County as expert witness in any litigation arising from the development or construction of the Project. h. Design minor Project additions and/or alterations as may be authorized by the County Engineer. i. Provide electronic computer time when used in connection with authorized Special Services. 3. Performance. a. The Engineer agrees that, immediately upon the execution of this Agreement, it will enter upon the duties prescribed in this agreement, proceed with the work continuously, and make the various submittals on or before the schedule specified here. The County is not Engineering and Design Contract — Pg. 9 liable and will not pay the Engineer for any services rendered before written authorization is received by the Engineer. b. If any delay is caused to the Engineer by order of the County to change the design or plans; or by failure of the County to designate right-of-way, or to supply or cause to be supplied any data not otherwise available to the Engineer that is required in performing the work described; or by other delays due to causes entirely beyond the control of the Engineer; then, in that event, the time schedules will be adjusted equitably in writing, as mutually agreed between the County and the Engineer at the moment a cause for delay occurs. c. Since the work of the Engineer must be coordinated with the activities of the County (including firms employed by and governmental agencies and subdivisions working with the County), the Engineer shall advise the County in advance, of all meetings and conferences between the Engineer and any governmental agency, political subdivision, or third party which is necessary to the performance of the work of the Engineer. Engineering and Design Contract —Pg. 10