HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceK2_2-051
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 Basin Refrigeration and Heating Inc., a corporation duly formed and
doing business in the State of Washington ("Contractor").
In consideration of the mutual promises and covenants contained herein, the pal -ties hereto
agree as follows:
Work of Contract/Scope of Work.
The purpose of Grant County project FM2206 CDB HVAC is the removal and disposal of the two
old air handling units, two DX coils on the roof and installation and commissioning of the new
replacement equipment.
The term "work" shall mean all work individually and/or collectively performed by the Contractor
during the project.
The contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else
is necessary to accomplish the following:
• All project related equipment removal and placement.
• Duct work modifications.
• All wiring and commissioning related to the project. Note: If modifications to the VFD
programming or plc programming is required, Grant County will do those changes.
• Barricades, tape or other methods to effectively notify employees and customers of hazards
and or prevent access to areas the project work is being executed.
• Any refrigerant charging, line replacements or modifications.
• 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 job.
• Coordinate with project manager regarding time needed to complete areas.
• 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.
1. Project Sites. The work shall be accomplished upon the real property commonly known as
Grant County Development Services Building and situated on or about 264 W Division Street in
Ephrata, Washington.
2. Date of Commencement and Date of Completion. The Contractor shall commence the work
described herein upon receiving notice to proceed from the County. Substantial completion of the
work shall occur on or before July 1, 2022, or at such other time as may be mutually agreed upon
by the parties. M any event, Contractor shall not commence construction until notice to proceed has
been provided by the County. The Contractor shall obtain all necessary permits prior to the
commencement of any work.
FM2206 Community
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3. 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 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
$36)725.00
Washington State Sales Tax
$3084.90
Total
$395809.90
Retainage
$1836.25
The Contract sum shall be $39,809.90 including all applicable taxes any additional costs resulting
from jurisdictional requirements maintained by an additional authority; permit costs as needed; and
all materials and/or labor to complete the 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 $35,000 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 the nature 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) days of receipt.
4. Performance and Payment Bonds: Required for this project.
5. Retainage: 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 and all claims, injuries, damages,
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 Industrial Insurance, title 51 RCW, solely for
the purposes of indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration of termination of this contract.
7. 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:
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• Automobile Liability insurance with limits no less than $ l.,000,000 combined single
limit per accident for bodily injury and property damage; and
Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $ 1,000,000 aggregate
for personal injury, bodily injury and property damage. Coverage shall include but
not be limited to blanket contractual; products/competed operations; broad form
property damage; explosion, collapse and underground (XCU) 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 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 (30) days prior
written notice of any cancellation, suspension or material change in coverage.
8. Payments 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:
• Wort,- not in accordance with the Contract;
• 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;
• Failure by the Contractor to perform in accordance with the Contract; or
• 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 be withheld for unsatisfactory
performance, the County shall notify Contractor in accordance with RCW39.76.011(b).
9. Authority of County. If the Contractor fails to perform the work according to requirements
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 to other remedies, (a) use County forces, other
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contractors, or other means to make good the Contractor's deficiency and (b) deduct from the
Contractor's payments the cost of such effort.
10. Warranty 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, material,
or design furnished, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed or materials furnished
according to the Contract, and/or companion or applicable documents, the Contractor shall:
• Obtain all warranties that would be given in normal commercial practice;
• Require all warranties to be executed, in writing, for the benefit of the County; and
• Enforce 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 Assigns. 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 make such an assignment 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 Sum 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 within 14 days of the request
from the County, or within such other period as mutually agreed. Contractor's Change Order
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 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 in the contract sum
or time of performance, or both, the County may accept or reject the proposal, request further
documentation, or negotiate acceptable terms with Contractor. Pending agreement on the terms of
the Change Order, the County may direct Contractor to proceed immediately with the Change Order
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work. Contractor shall not proceed with any change in the work until it has obtained the County's
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.
14. Clean Uta. 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 shall remove from the premises its rubbish, tools, scaffolding,
equipment, and materials. Upon completing the Work, Contractor shall leave the project site in a
clean, neat, and orderly condition satisfactory to the County. If 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 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 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 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
Contractor 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. mails as required herein.
19. 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 teen 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 mariner of performance thereof or the breach thereof, the prevailing
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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, banlu-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 Document 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.
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Dated the 3 of q 2022.
CONTRACTOR:
Basin Refrigeration and Heating Inc
By:
a�z
License No. BASINEHO55NG
UBI No. 600-514- 947
Dated the- /-SA -of
ATTEST:
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
CA
Barbara J. Vasquez
Clerk of the Boa
Approved as to form:
By
Kevin McCrae
Prosecuting Attorney
Date: 3 � 2 U1.1-
FM2206
1.1-
FM2206 Community
Development HVAC
Grant County
Facilities & Maintenance
P 0 Box 37
Ephrata WA 98823
(509) 754-2011 Ext -3272/
Board of County Commissioners Fruary 24, 2022
Re: Request to Proceed FM2206 CDB HVAC #
Dear BOCC,
The HVAC equipment, AHU 1 and AHU2, were installed in 20,V and are at the end of their life
cycle and experiencing problems. Due to the age and conditio f the equipment and
recommendations from HVAC contractors the equipment Xwbouudgeted for replacement on this
year's capital budget.
Requests for bids was published to MRSC roster meers and one contractor submitted a bid
for the project, Basin Refrigeration and Heating Inc heir bid was for $39,809.90, tax included.
Therefore, I am. asking the Grant d o County Bof Conu-nissioners for approval to proceed with
Bo
this project. The cost for the project would paid from the Facilities and Maintenance Capital
project account code 132.178.00.9112.59 86210 which is funded via the Reet 2. The 2022
capital budget for this project is $48,000.00.
Thank you for your consideration k this matter.
Sincerely,
Kevin Schmidt
Facilities and Mai n/iteance Manager
1
Grant County, Wa ington
Kevin Schmidt
Manager Facilities and Maintenance
Kschrnidt@grantcountywa.gov
MAR
To meet current and future needs, serving togetherwith public and private entities, while fostering a respectful and successful work environment'
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