HomeMy WebLinkAboutAgreements/Contracts - BOCC (006)Board of County Commissioners
Re: Request to Proceed ADA Door Openers
Dear BOCC,
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Grant County
Facilities & Mamvtenance
POBox 37
Ephrata WA 98823
(509) 754-2011 Ext -3272
February 2, 2022
This year it was requested and approved in the Facilities and Maintenance Capital Plan to have
ADA Handicap Accessible Door Openers installed for access into the Licensing and Recording
offices and the Elections office. A request for bids was sent out to contractors on the MRSC
rosters but not one bid was submitted by this initial request for bids. Skaug Brother's Glass in
Moses Lake was then contacted to see if they would be willing to bid on the job, which they did.
Skaug Brother's Glass bid is for $9,873.00 plus tax and is less than the $12000 budget for this
project.
Therefore, I am asking the Grant County Board of Commissioners for approval to proceed with
this project. The cost for the project would be paid from the Facilities and Maintenance Capital
project account code 308.000.00.0000.594186210 which is funded via the 308 bond.
Thank you for your consideration in this matter.
III
Sincerely,
5`w4t 56"CIP&
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Kevin Schmidt
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Facilities and Maintenance Manager `
Grant County, Washington
Kevin Schmidt
Manager Facilities and Maintenance
Kschmidt@grantcountywa.gov
"To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment"
K22-024
CONTRACT
THIS CONTRACT ("Contract"}, entered into by and between GRANT COUNTY, duly
organized and operating under and by virtue of the Constitution and the laws of the State of
Washington, ("County"), and Skaug Bothers Incorporated, a corporation 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:
Work of Contract/Scope of Work.
The. requirements of this Project, FM2202 ADA Handicap Door Operators are as follows.
Scope: the contractor shall bid on the preparation, installation, and commissioning of -two ADA handicap door
operators. The door operating buttons should be wireless, with two buttons for each door, one of each side of
the door. Location of the operational buttons will be determined with the successful bidder.. The result of the
project will be the complete 'i"nstallation of two fully functional ADA handicap accessible door operators that
.can be. operated from both sides. of the doors. The look of the completed project will have a professional
appearance.
Contractor, will be responsible for informing and .'training employees on the equipment being worked on and
appropri'ate PPE
The contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else is
necessary to accomplish the following,
Contractor shall be responsible for demolition, procurement, shipping and transportation, installation
and disposal of all project related PPE,. materials, and equipment,
• Contractor will supply all permits, hardware, supplies, and materials for the door operator's
preparation, installation and commissioning needs related to the project.
• Contractor shall be responsible for demolition, procurement,. shipping and transportation, installation
and disposal of all project related PPE, materials, and equipment.
• Contractor will supply all equipment. necessary to complete project.:
• Contractor will be 'responsible for any modifications or repairs to the doors or surrounding building
that are affected by the project.
Contractor shall provide barricades, tape or other methods to effectively notify employees and
customers of hazard's and or prevent access to areas the project work is being executed.
• Contractor shall be responsible for the removal and disposal of all waste generated by the project.
Associated waste -disposal. costs are the responsibility of the contractor.
• Contractor shall cleanup of all areas affected by work related to job.
• Successful scontractor will coordinate with project manager regarding when and the time needed to
completedemolition and construction to allow safe access for Customers and employees,
• Containers to properly store. and haul all job related materials, solid and liq.wid., for disposal.
• MSDS are to be provided and available by the contractor upon demand and on site for any
chemicals brought -on site. '
The term "work" shall .mean all work 'Individually and/or collectively performed by the Contractor
during the project.
FM2202 Skaug Brothers Contrut — Page I
1. Project Sites. The work shall be accomplished upon the real property commonly known and
situated on or about Grant County Historic Courthouse 35 C St NW, Ephrata, Washington.
2. Date of Commencement- and Date of Completion. The Cqntractor shall commence the work
described herein upon receiving notice to proceed from the County. Substantial completion of the
work shall occur on or before March 31, 2022, or at such other time as may be -mutually agreed
upon by the parties. In any event., Contractor shall not commence constniction until notice to proceed
has been provided by the County. The Contractor shall obtain all necessary permits prior to the
commencement of any work, -
3. Contract Swn. 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 9 and 12, and/or any other provision contained within the. Contract which may affect, such
Contract Sum to be paid to Contractor, is as follows.:
Subtotal
$9873.00
Washington State Sales Tax
$829.33
Total
$ 1 0,702.3 3
Retainage
NA
The -Contract sum shall be $10,702.33 including I all applicable taxes any additional costs resulting
'41
from jurisdictional requirements maintained by an additional authority; permit costs as needed; and,
all materials and/or labor to -completethe scope of work described herein is the responsibility of the
Contractor:
5% retainage is required as are 'intents and, affidavits to Washington State Labor and Industries.
Contract is over $3.5,000 and will be require a notice of completion to be filed and approved with
L&I before releasing- retainage,
Contractor shall submit a single billing statement and/or invoice to the County at. the completion of
the project, Such billing statement and/or 'Invoice shall set out thenature of work performed, as well
as. the time and materials involved in such work or percentage -of work completed as mutually agreed
Upon by the Contractor- and the County. The County will pay such statement and/or invoice within
thirty (3 0), daysof receipt.
4. Performance and Patent Bonds: Not required for this project.
5. Retainage: NA
G. Indemnily and Hold Harmless. The Contractor shall defend, indemnify, 'and hold the County,
,
its officers, officials, employees and volunteers harmless from any and all claims, injuries, datuages
losses or suits including attorney fees, arising out of or in connection with the performance of the
contract, except for injuries and damages caused by the sole negligence of the County.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under IndustrialInsurance,
title 51 RCW, solely for
FM2202 Sk( atig Brothers Contraot — Page 2
the- purposes of indemnification. This waiver has been mutually negotiated by the parties. The
01
provisions of this section shall survive. the expiration of termination of this contract.
710 Insurance. The Contractor 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
k
Automob 'Ile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
Commercial General Liabilill insurance written on an occurrence basis with limits no
less than ,$1 P000,000 combined single limit per occurrence and $1,000,000 aggregate
for personal injury, bodily injury and property damage. Coverage shall incl-Li.de but
not be limited to: blanket contractual; pro ducts/col-apeted operations; broad form
property damng e; explosion, collapse and underground (XCU) if applicable; and
employer's liability..
• Worker's Compensationinsurance at the limits established by the State of
Washington.
Any payment of deductible or -s elf -insured retention shall be the sole responsibility of the Contractor:
The County shall be named as an additional insured on the insurance policy, as respects work
performed by' or on behalf of the Contractor and a copy of the endorsement naming the county as
additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall
be primary 'insurance with respect the County and the County shall be given thirty (3-0) days prior
written notice of any cancellation.p suspension or material change in coverage.
& PUments Withheld, The County may withhold or, on account of subsequently discovered
;evidence, nullify the whole or part of any payment to such extent. as may be necessary to protect
County from loss or damage for reasons including but not limited to:
* Work not in accordance with the Contract;
9 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
0 Failure by the Contractor to perform in accordance with the Contract; or
o Cost or liability that may occur to the County as the result of Contractor's fault or
negligent acts or omissions.
PROVIDED: In any case where part or all of -a payment is going to bewithheld for unsatisfactory
performance, the County shall notify Contractor in accordance with RCW 3 9.76, 011(b),
FM2202 Skaug Brothers Contract — Page 3
9. Authority of Cou , If the Contractor fails to perform the work according torequirements
of the Contract Document, the County shall provide written notice of the deficiency to the Contractor
and Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to
correct the deficiency in the work within the seven day period or to take and continue all appropriate
steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven
day period, the County may, without prejudice toother remedies, (a) use County forces, other
contractors, or other meansto make good the Contractor's deficiency and (b) deduct from the
Contractor's payments the cost of such effort.
10. warrant;...of Construction. In addition to any special warranties provided elsewhere in the
Contract Document and/or 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, ixiatefial.,
or design furnished, -or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed or materialsfurnished
according to the Contract, and/or companion or applicable documents, the Contractor shall:
• Obtain all warranties that would be given in normal coiniiercial practice;
• Require all warranties to be executed, in writing, for the benefit of the County; and
• Enforod all warranties for the benefit of the. County, if directed by the County, including
any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period
specified in the Contract.
* The. obligations under this -Section shall survive completion.
11. Successors and Assi. 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 in respect to covenants, agreements,
and obligations contained in the Contract. Neither party shall assign the work without written
consent of the other. If either party attempts to snake such an assignnaent without such consent, that
party shall nevertheless remain legally responsible for all obligations set forth in the Contract.
12. Changes in Work. The County may, at any time and without notice to 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. If any change
in. the work ordered by County causes an increase or decrease in the Contract Surn or the time of
performance, 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 Contractor. Contractor shall submit a Change Order proposal with* 14 days of the request
from -the County, or within such other period as inutually agreed. Contractor's Change Order
FM2202 Skaug Brothers Colitract -- Page 4
proposal shall 'Include full 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 comaection 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.
Uon receipt of the Change proposal, or a request for equitable adjustment in the contract sum
p
or time of performance, or both, the County may accept or reject the. proposal, request further
documentation or negotiate acceptable terms with Contractor. Pendingcement r on the terms of
ag
the Change Order, the County may direct Contractor to proceed -immediately with the Change Order
work. Contractor shall not proceed with any change in the -work until it has obtained the County Is
approval. All work done pursuant to any County -directed change in the work shall be executed in
accordance with the Contract.
13. No Agency Relationship. 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 relationship of the Contractor to the County by reason 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,
K Clean Up. Contractor shall at all times, keep the project site, including hauling routes,
infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before
completing the work, Contractor shalt remove from the premises its rubbish, tools, scaffolding,
equipment, and materials. Upon completing the Work, Contractor shalt leave the. project site in a
clean., neat, and orderly condition satisfactory to the County. If Contractor faits to clean up
provided as
p 'ded herein, and after reasonable notice from the County, the County may do so and the cost
thereof shall be charged to Contractor.
15. Survival, In the event any clause or provision of this. Contract shall be held to be 'Invalid,
then the remaining clauses and provisions shall nevertheless be and ren-iain in full force and effect,
16, Entire Agreement. The Contract embodies the entire agreement between the parties, all other
agreements, oral or written, are hereby merged into 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 signed by both parties, Time is of the essence. No verbal or
other agreements- modify or affect the Contract.
17. Explanation of Documents. The Contract been fully reviewed by the Contractor, The
Contract -or has had the opportunity to consult with legal counsel as to the legal effect of the Contract,
18. Notices. All notices which may be required pursuant to 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 thereof or three (3) days following deposit of the notice in the U.S. malls as required herein.
FM2202 Skaug Brothers Contract — Page 5
194 Headings,, Construction, The headings of the sections and paragraphs are 'inserted solely for
the convenience of the parties and are not a part of and are not intended to govern, limit or aid in the
construction of any term or provision hereof. In construing the parties' intent with regard to this
contract, no greater or stricter construction of any term or provision hereof 'shall be asserted against
the County as drafter.
20. Disputes,,. Attorneys' Fees. In -any controversy, claim or dispute arising out of-, or relating to,
this contract or the method and manner of performance thereof or the breach thereof, theprevailing.
party shall be entitled to be awarded its reasonable attorney's fees in addition to such other damages
as are appropriate. If neither party wholly prevails, the party that substantially prevails, shall be
awarded its reasonable attorneys' fees as litigation expenses. For the purposes of this provision, the
terms "proceeding" and "litigation" shall include arbitration, administrative, banIQ-uptcy, and judicial
proceedings, including. appeals therefrom. For purposes of this contract, the actual attorneys' fees
incurred shall be deemed "reasonable
21. Governing -Law,, Venue. The performance and interpretation of the Contract Doc-Ument shall
be governed and interpreted in accordance with the laws -of the State of Washington. Any litigation
arising out of or in connection with this -Contract shall. be conducted in Grant County, Washington.
FM2202 Skaug Brothers Contract — Page 6
Dated the J of F�rBf U4&.Y .2022.
CONTRACTOR: S1caug Brothers Inc.
By:
License No. S1caugBI171L7
UJ31 No. 60.0120 056
Dated the Of
2022.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Danny Sto
ST:
Btfr 1. Vasquez
C
the Board
-
Approved as to fo;m:
By.
Kevin McCrae
P*P*ty Prosecuting Attorney
Date: '), / q .( " L'i j X
FM2202 Skatig Brothers. Contract -- Page 7