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HomeMy WebLinkAboutAgreements/Contracts - Public WorksGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS REQUEST SUBMITTED BY:Victoria Seim CONTACT PERSON ATTENDING ROUNDTABLE: John BI"ISSGy CONFIDENTIAL INFORMATION: []YES W NO DATE: 08.20.2026 PHONE: 509-754-6082 ip =* 51111 NISM "I I �10 1011 �11 I ANEW-_ �1;1;1 ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El Emergency Purchase ❑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 "- IMP Approval of the Ephrata Landfill Multi -Phase Expansion Contract between Award Construction, Inc. and Grant County. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 41 N/A If necessary, was this document reviewed by legal? © YES ❑ NO ❑ N/A DATE OF ACTION: DEFERRED OR CONTINUED TO: Z� �P APPROVE: DENIED ABSTAIN D1: D2- D3: WITHDRAWN: 4/2 3/24 MPE Expansion Contract This agreement between the Board of County Commissioners of Grant County, State of Washington, acting under and by virtue of Chapter 36. 77 of the Revised Code of Washington, as amended (hereinafter " County") and Award Construction, Inc., (hereinafter, "Contractor") for itself, its heirs, executors, administrators, successors and assigns. This agreement is made and entered into upon the date of the last signatory to this agreement, whereby it has been fully executed. In consideration of the payments, covenants, and agreements, described or incorporated below, the parties hereby agree as follows: 1) Incorporated. by Reference The following documents are incorporated by reference, in their entirety unless otherwise indicated below, and are attached as follows: • Exhibit .A. o Contract Bond, Power of Attorney, Bid Bond, Proposal, Certification of Authority of Signature, Schedule of Prices, Non -Collusion Affidavit • Exhibit B o Acknowledgement of Plan/Specification Addenda o Addendums 1-4 o As-Builts of Existing MPE System o Contract Drawings • Exhibit C o Agreed Order DE3810 o Amendment to Agreed Order • Exhibit D► o 2026 Washington State Department of Transportation (WSDO1) Standard Specifications for Road, Bridge, and Municipal Construction M 41-10 (hereinafter, "Standard Specifications"). • Exhibit E o Special Provisions to the 2026 Standard Specifications as attached (hereinafter, "Special Provisions) o Technical Specifications 2) .Amendments to the Special Provisions The Special Provisions are amended as follows: • Special Provision 1-08.0 (1) ® Preconstruction Conference o The above provision shall remain, and the following shall be added: "The Contractor shall provide the following preliminary or draft preconstruction materials to the County and Engineer within three weeks after receiving the fully executed construction contract via email from Grant County. These materials are intended to provide a sufficient basis for review, coordination, and discussion at the Preconstruction Conference and are not required to be final unless expressly required by the Contract Documents. The Engineer will endeavor to schedule the Preconstruction Conference within one week after receiving these materials: ■ Preliminary Progress Schedule required by Special Provision 1-08.3; ■ Preliminary Submittal Register required by Special Provision 1-06.1; ■ List of subcontractors and suppliers required by Special Provision 1-08.0(1); ■ Draft Site Health and Safety Plan required by Special Provision 1-07.29; ■ Draft Spill Prevention, Control, and Countermeasure Plan required by Special Provision 1-07.15; ■ Preliminary coordination plan for utility locates and protection of existing wells, probes, and utilities required by Special Provision 1-08.0(1); ■ Proposed work hours and sequencing of major activities required by Special Provision 1-08.0(1); and ■ Other preconstruction materials required by the Contract Documents. Should the Contractor require clarification from the Engineer to develop any of the above materials, the Contractor shall submit a Request for Information (RFI) via email for each question in a timely manner. The Engineer will endeavor to respond to each RFI related to preconstruction submittals within two business days." • Special Provision 1-08.0(3) — Pre -Work Requirements o The above provision shall remain, and the following shall be added: "Before any on -site Work may begin, the Contractor shall provide a written three-week lookahead schedule showing planned on -site Work activities and confirming that the required submittals, procurement activities, materials, equipment, labor, and subcontractors needed to support those activities are complete or scheduled to be complete before the related Work begins. The Contractor shall not begin any on -site Work activity until required submittals for that activity have been returned by the Engineer as "No Exceptions Taken" or "Make Corrections Noted," unless otherwise authorized in writing by the Engineer." Special Provision 1-08.4 — Notice to Proceed and. Prosecution of Work o The above provision shall remain, and the following shall be added: "Any early start authorization by the County will be predicated on the Contractor's accelerated delivery of all documentation required prior to the start of construction in the Contract Documents." 3) Order of Precedence If any term in this contract or the documents incorporated by reference are in conflict, order of precedence is as follows in descending order: this Contract document; Technical Specifications; Contract Drawings; Special Provisions; Standard Specifications. 4) Description Of Work The Contractor shall do all work and furnish all tools materials and equipment necessary to improve and complete Ephrata Landfill Multi -Phase Extraction (MPE) System Expansion, located in Grant County, Washington, in accordance with and as described in the documents incorporated by reference, and in full compliance with the terms, conditions, and stipulations herein and shall perform any alterations or additions to the work covered by this contract and every part thereof Any force account work may be ordered as provided in this contract and every part thereof. The Contractor shall provide and pay for all materials, labor, carriage, tools, implements, conveniences and all things of every description that may be requisite for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof. All work under this Contract shall be performed under the supervision and authority of the Washington State Department of Ecology (hereinafter, "Ecology"), in accordance with Agreed Order No. DE3810 (hereinafter, "Agreed Order") as amended through Amendment No. 3 (July 2024), issued under the Model Toxics, Control Act (RCW 70A.305). 5) Permitting Procedural Permitting for the remedial action is addressed through Ecology's authority under the Agreed Order and RCW 70A.305-090. Notwithstanding, all work shall comply with the substantive requirements of applicable environmental, health, and safety regulations, and Contractor shall obtain all applicable permits, inspections, approvals, and licenses required for Contractor operations, temporary facilities, and construction activities not otherwise covered by Ecology's approval under the Agreed Order. 6) Independent Contractor The County hereby employs the Contractor as an independent contractor to provide the materials and to do and cause to be done the above described work., and to complete and finish the same according to the documents incorporated by reference, and the terms and conditions herein. The County further contracts to pay for the same according to the documents incorporated by reference at the time and in the manner and upon the conditions provided for in this contract and the documents incorporated by reference. The County further agrees to employ the Contractor to perform any alterations in or additions to the work covered by this contract and every part thereof and any force account work that may be ordered and pay for same under the terms of this contract and the attached plans and specifications. Contractor remains an independent contractor, and neither the Contractor nor any of its employees or subcontractors are made a county employee by virtue of this contract. 7) Succession The Contractor for themselves., and for their heirs, executors, administrators and assigns, and successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the Part of the Contractor. 8) Liability It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 9) Choice of Law and Venue In, the event of any dispute of any kind resulting in litigation, the laws of Washington State shall govern, and venue shall take place in the courts of Grant County, WA. IN WITNESS WHEREOF, the Contractor has executed this instrument, and the Grant County Board of County Commissioners has caused this instrument to be executed by and in the name of the Board by its Members, duly attested by its Clerk, and the seal of said Board to he hereunto affixed. Date: � o �JCu t �" Z `� [Printed Name] Secretary at Award Construction, Inc. Qob Tide] at [Company Name] 980 Willeys Lake Rd, Ferndale, WA 98248 360-318-8708 x 2 (ivlailing Address] [Phone] NOW THEREFORE, BE IT RESOLVED THAT, the attached MPE Contract between Grant County and Award Construction, Inc., is APPROVED. D 2� ated this day of , 2026. BOARD OF COUNTY COMMISSIONERS Grant County, Washington K vin R. Burgess, Chair lob Jones, Vice -Chair CirMy Carter, Member ATTEST: Caitlin E. Manell Clerk of the Board