HomeMy WebLinkAboutBudget Transfer - Facilities & MaintenanceGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT:Facilites and Maintenance
REQUEST SUBMITTED BY: Kevin Schmidt
DATE:2/22/2024
PHONE: 509-754-2011,3272
CONTACT PERSON ATTENDING ROUNDTABLE..Kevin Schmidt/Tom Gaines
CONFIDENTIAL INFORMATION: E]YES ®NO
1009-,
I IJAJ I
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
CONTRACT
THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly
organized and operating under and by the Constitution and the laws of the State of Washington
("County"), and Basin Refrigeration and Heating Inc., L No. 600-514-947, a company 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:
1. Work of Contract/Scope of Work. The Contractor shall do all work and ftimish all tools,
materials, equipment, and tbings of every description necessary to complete the tasks mid scope
of work as per this contract for the Grant County Compressor Replacement Project, FM2402,
"Worle means all or. individually and collectively performed by the Contractor during the
prof ect.
The Contractor will be responsible for supplying and doing all the work to complete the
following:
a. Providing all equipment, materials, and labor needed to remove the existing
compressor and re-thstall and commission the the replacement compressor,
b. Supplying replacement compressor, refrigerants, olds, filters and new contactors.
a Any labor and materials to remove or modify duct work or sheet metal to allow
space to remove and install compressor and re -connect wiring.
d Supply any permits required for this project.
e. Ensure technicians on site are certified to handle refrigerants.
f Complete cleanup of the area once above completed, including but not limited to
recovery and removal of equipment, trash, and debris.
g Contractor understands this is a Public Work subject to prevailing wage and the
submission of intents, affidavits, and certified payroll as required by the Labor
and Industries.
2. Project Site. The work shall be accomplished upon the real property commonly known as
the Grant County Courthouse, situated on or about 3 5 C Street NW Ephrata, Washington, or as may
be more specifically directed at the sole (fiscretion of the County.
I Date of Commencement and Date of Completion. The Contractor shall commenoe the
work described herein upon receiving notice to proceed from the County beginning at time
X 9 a ime
mutually agreed upon by the patties after having obtained all necessary permits/bonds.
Substantial completion of the work shalt occur by May 15, 2024, unless delays beyond the
control of either party cause the date to be extended. This date will not be extended without
approval by the County.
4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below
FM2402 L Compressor Replacement — Page I
in Paragraph 13, and with payment of such Contract Sum subject to provisions set fol-th below
in Paragraphs 8 and 11, and anyotherprovision contained within the Contract which may affect such
Contract Sum to be paid to Contractor, is as follows:
1F
Subtotal $58,890.00
Washington State Sales Tax @ 8.4% $4,946.' 6
Total -1 $63,836.76
Retainage (5% of Subtotal) ------ 1-$2,944.50
a. Retainage: Required for this project. A retainage bond is acceptable and preferred,
5% retainage is required under RCW 60.28.001. The contract is over $35:,000,
requiring a notice of completion to be filed and approved before releasing
retainage.
b. Intents and Affidavits: Statements of intent to pay prevailing wages and affidavits
of wages paid are required to be submitted to Washington State Labor and
Industries according to RCW 39.12.040,
c. payment Interval and Billin& The Contractor shall submit a monthly billing
statement and invoice to the C ounty. 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 (3 0) days of
receipt,
5. Performmice and Payment Bonds: Required for this project.
6, Indemnity and Hold Harmless. The Contractor shall defend, indemnify, and hold the
Cowty, its officers, officials, employees, and volunteers harmless fi-om any 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 indemnification, The parties have mutually negotiated this waiver. The provisions of this
section shall survive the eXDiration of termination of this contract.
JL
7. Insurance. The Contractor shall procure and maintain, for the duration of this contract,
insurance against claims for injiuies 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:
a Automobile Liabilitv 'insurance with I imits no less than $1,000,000 combined
FM2402 L&J Compressor Replacement — Page 2
single limit per accident for bodily injury and property damage; and
b. Commercial General Li insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occutTence and $2,000,000
aggregate for personal injury., bodily injury, anal property damage. Coverage shall
include but not be limited to blanket contractual; products/completed operations;
broad fom-i property damage; explosion, collapse, and underground (XCU) if
applicable; and employer's liability,
Worker's CoMRonsation 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 M'stued on the insurance policy concerning work
performed 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 Contract.Ws
insurance shall be die primary 'insurance concerning 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 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.
h Reasonable evidence that the work required by the Contract cannot be completed
for the unpaid balance of the contract sum.
c Worts by the County to correct defective work or complete thework.
d. Failure by the Contractor to perform work within this Contract.
e. Cost or liability that may occur to the County due to the Contractor's fault,
negligent acts, oromissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
unsatisfactory performance, the County shall notify the Contractor per RCW 39.76.0 11 (b).
Authori*!j of Co Suppose the Contractor fails to perform the work according to the
requirements of the Contract Document. In that case, the County shall provide written notice ofthe
deficiency to the Contractor, and the Contractor shall have seven days to correct the deficiency in the
work. Ifthe Contractor fails to correct the deficiency in the work within the seven days or to take
and continue all appropriate steps to initiate 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 Contnactor's deficiency,
FM2402 L&J Compressor Replacement — Page 3
and (b) deduct from or nullify the Contractor's payments the cost of such effort as described in
paragraph 8 of this agreement.
9. Warrant of Constniction. 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,
Concerning all warranties, express or implied, for work performed or materials fumished
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 executed, in writing, for the benefit of the County; and
a Enforce all warranties for the benefit of the County, if directed by the County,
including any subcontractor's, manufactures, or supplier's warranty that extends beyond
the period specified in the Contract.
d The obligations under this Section shall survive completion.
10. Stiecessors and AssiRns. 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 regarding covenants,
agreements, and obligations contained in the Contract. Neither party shall assign the work
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,.
1.Changes in Work. The County may, at any time and without notice to the Contractor's
surety, order additions, deletions, revisions, or other changes in the work. These changes in. the
work shalt be 'incorporated into the Contract Document through the execution of Change Orders.
Suppose any change in the work ordered by the County ca -uses an ineTease or decrease in the
Contract Sum or the perf-onnance 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 fi-om the County or within such other period as mutually agreed. The
contractor's Change Order proposal shall include total compensation for implementing the
proposed change in the work, ilichiding any adjustment M" the contract sum or time of
performance, and including compensation for all delays in connection with such change in the
or. 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 to the contract sum or time of performance, the County
may accept or reject the proposal, req -nest further documentation, or negotiate acceptable terms
with the Contractor,
F1 2,402 L&J Compressor Replacement — Page 4
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.
1Z No Menev 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 Contractor's 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 to ass-ume or create any obligation or responsibility on behalf of or in the name
ofthe County or to bind the County in any mmner or thing hats o ever.
13. CIO The contractor shall always keep the project site, including hauling routes,
infrastructures. utilities, and storage areas, free fi-om accumulations of waste materials. Before
completing the work, the Contractor shall remove its rubbish, tools, scaffolding, equipment, and
materials from the prerm"ses. Upon completing the Work, the Contractor shall leave the project
site in a clean, neat, and orderly condition that is satisfactory to the Coimty. 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.
14. Survival, If any clause or provision of this Contract shall be invalid, the remaining clauses
and provisions shall -nevertheless be and remain in fall force and effect.
15, Entire Areement, 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 shall be
binding unless the terms thereof are in writing mid signed by both parties. Time is of the essence.
No verbal or other agreements modify or affect theContract,
16. Explanation 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.
17. Notices. All notices required under the terms hereof are to be M' 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
deliver,xr therpeo for three (3)days Lollowingr deposit ofthe notice in the U.S. mail, as required. herein.
k --Cp
Headin on.stru.ction. 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 intended to govern, limit, or aid in
constructing any term or provision hereof. In construing the parties' intent regarding
In this contract, no more significant or stricter construction of any term or provision hereof shall
be asserted against the county as drafter.
F1` 2402 L&J Compressor Replacement —1 age 5
18. GoverninLaw, Venue. The perfortnwice and interpretation of the Contract Document
shall be govemed and interpreted by the laws of the State of Washington, Any litigation arising
from or in connection with this Contract shall be conducted in Grant Cotmty, Washington,
FM2402 L&J Compressor Replacement -- Page 6
CONTRACTOR:
Basin R an
,Oeating, Inc.
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io-mf'se No. C Bis inRH163KM
UBI No. 600-, 14-947
scjen1(s@,gm,aRxorn.
Dated the�of
204.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY9 WASHINGTON
Cindy Cwter, Chair
' hr
S
ny
Danne, Vice;;�C-'
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Rom J�ne
ember
ATTEST:
Approved as to foie:
M
Barbara G. Duerbeek, WSBA # 53946
Deputy Prosecuting Attomey
Date:
FM2402 L&J Compressor Replacement — Page 7
Kevin Schmidt
From: Barbara G. Duerbeck
Sent: Thursday, February 22, 2024 4:09 PM
To: Kevin Schmidt
Subject: RE: Grant County Chiller Compressor Signed Contract.pdf
This has my approval.
I have been WFH most of the time due to morning sickness and people have been able to attach my
emailed approval to documents submitted to the BOCC without issue. I may be in tomorrow but cannot
predict when I will be in so I think that is the best path forward right now.
Thank you,
Barbara G. Duerbeck
Deputy Prosecuting Attorney
Grant County Prosecuting Attorney's Office
Civil/Appellate Division
509-754-2011
Extension 3912
b�duerbeck@arantcountywa.gov
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and be subject to disclosure upon request. Thank you.
From: Kevin Schmidt <kschmidt@grantcountywa.gov>
Sent: Thursday, February 22, 2024 11:48 AM
To: Barbara G. Duerbeck <bgduerbeck@grantcountywa.gov>
Subject: Grant County Chiller Compressor Signed Contract.pdf
Ba rb,
Attached is the contract for Basin Refrigeration, that we had been working on, that has been signed by them. IfY ou
could please review and sign off I can pick it up and drop it at the BOCC office.
Thank you,
Kevin Schmidt
Facilities and Maintenance Manager
Grant County, Wa
Phone: 509-754 2011 ext: 3272
Mobile: 509-237-4081
Email:.ksschrnidt .rantcountywa..gov
FINANCIAL REQUEST
Requestor Kevin Schmidt
Requesters Department Facilities and Maintenancem"�
Date: 2/22/2024 Fund # & Dept of Request 001.112
Capital Asset Approval Yes Budget Extension No
Establish/Close Fund No Cash Transfer No
In the 2024 Capital Budget it was approved to replace -a compressor an the chiller for the Law and Justice building. The chiller provides cooling for the
entire buildingin the summer and if this compressor fails it will not have enough capability to keep the jail and courts comfortable. The projectt was
etimated to be around $60K for the budget. A Request for Bids was. published and the low bid came back at $63,837 with tax included in that cost. I am
requesting, that the balance of the project be paid from the Maintenance Operating budget.
CAPITAL ASSET PURCHASE APPROVAL
BUDGET REQUIREMENT
Asset Description Law and Justice Chiller Additional Expense
Total Purchase Expense 63,837 Additional Revenue'
Less: Existing Approval..' 60,,000 Additional Cash Requirement
Additional Approval Required
31,837 Additional Funding Source
Capital Facility Related Yes
Grant Funded No
Documentation Quote/s attached
BUDGET EXTENSION REQUEST
Fund Name
Revenue code/s Account Description Amount.
Fund Name Expense cod.e/s Account Description Amount
CASH TRANSFER REQUEST
Fund Name (From) Code Account Description Amount (From)
Fund Name (To) Code Account Description Amount (To)
FORWARD TO ACCOUNTING FOR APPROVAL -APPROVED FORM, SWILL SE RETURN TO DEPT FOR, RMISSIONTO-Rocc
SU
Wotes,* No Concerns
FUND CASH SUMMARY
.................
Beginning Cash
Expense Bdgt (W/amendments)
Expense Ext. Requested Budget Hearing: Not necessary
Revenue 13dgt (w/amendments) lResolution, Required. -
Not necessary
Revenue Ext. Requested (excl 308)
Estimated Ending Cash
Reviewed By: