HomeMy WebLinkAboutAgreements/Contracts - RenewGRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Renew
REQUEST SUBMITTED BY: Pete Wyatt/Kevin Schmidt
oare4/11 /2024
PHONE: 509-754-2011, Ext 3272
CONTACT PERSON ATTENDING ROUNDTABLE: Xevin Schmidt/Pete Wyatt
CONFIDENTIAL INFORMATION: ❑YES ❑NO
---------------
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■ • • r • ■ ■ • r • r • r ■ • • • r
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Basin Refrigeration's • • $161,364.24. budgeted 1 • •
capital • •
I he new chiller is has a long lead time for delivery and will not be • • until early
If necessary, was this document reviewed by accounting? ❑ YES I1 NO
If necessary, was this document reviewed by legal? * YES ❑ NO
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
4/8/24
DEFERRED OR CONTINUED TO:
K24-117
CnNTRACT
THIS CONTRACT ("Contract"), entered b and be, ,I, 1111V IC 1111��
Y U S�9 duly
I
organized wid operating under and by the Constitution and the laws of the State of
Washington ("County'), and Basin Refrigeration and Heating Inc., UST 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. Mork, of Contract/Scope of Work. The Contractor shall do all work and furnish all tools
materials, equipment, and things of every descript" 5
# ion necessary to complete the tasks and
scope of work as per this contract for the Grant County Renew Rooftop Chiller Replacement
Project, RM2401, "Vork," means all work individually and collectively performed by the
Contractor during the project.
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
rooftop chiller and re -install and commission the replacement rooftop chiller.
b. Supplying replacement chiller unit refrigerants, oils, filters, and new contactors.
e, Ally labor and materials to remove or modify supply Wi *
nng, roofing, unit
supports, or chilled water piping to allow space to remove old and install new
chiller and re -connect WM"*ng,
d Supply any pen -nits required for this project.
e Ensure all technicians on site are certified to handle refrigerants and trained in all
relevant safety protocols.
f. Complete cleanup of the area once above is completed, •including butnot limited
to, recovery and removal of equipment, trash, and debris.
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 Renew, situated on or about 840 E Plum Street Moses Lake, Washm-gtor4 or as
maybe more specifically directed at the sole discretion of the County.
3. Pgke of Commencement and Date Of QMRI—efion. The Contractor shall commence
0 6 a e the work
described herein upon receiving notice to proceed from •the County beginn* c
mutually agreed upon by the parties after having obtained all necessar mg at a tune
*ts/bonds.
V Derrm
Substantial completion of the work shall occur by April 1, 2025, 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.
RM 2401 Rooftop Chiller Procurement & Install— Page I
4. Contract Sum and Terms. The agreed Contract sum ' except for provisions set forth below in
Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below in
Paragraphs 8 and 11, and any other provision contained within the Contract which may affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal $148 860,00
Washington State Sales Tax _8.4% $12,504.24
Total $161364.24
Retainage (5% of Subtotal) $7 443.00
a R.etaina. 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 topay 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 Billing: The Contractor shall submit a monthly billing
statement and invoice to the County. 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 i3 0)
days of receipt.
5. Performance and PgMent Bonds: 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 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 negli'gence 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, tide 5 1 RCW, solely
for indemnification. The parties have mutually negotiated this waiver. The provisions of this
section shall survive the expiration of tennination of this contract.
7. Insurance. The Contractor shall procure and maintain, for theduration of this contract,,
insurance against claims for injuries to persons or damage to proper y •which may arise from or
t ri fr
in connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees, or sub contractors. The Contractor shall provide a Certification of
Insurance evidencing:
RM 2401 Rooftop Chiller Procurement & Install— Page 2
a Automobile Liability insurance with limits no less than $ 1 $1, ANO •NO •combined
bL single limit per accident for bodily injury and property damage- and
Commercial GenqLLI Liability insurance written •on an occurrence'basis with limits
no less than $1000,000• combined single limit per occurrence and $2,000,000
aggregate for personal injury, bodily injury, and property damage. Coverage shall
include but not be limited to blanket contractual; products/completed
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.
I
Any payment of deductible or self-insured retenflon shall be the Contractor's s
ole
responsibility. The County shall be named as an additional insured on the insurancepolic
concerning work
performed by or on behalf of the CoCntractor, and a copy of the endorsement
naming the county as an additional insured shall be attached to the Certificate of Insurance.
The Contractor's insurance shall be the primary insurance concerni•
ng the County, and the
County shall be given thirty (30) days prior written notice of any cancellation, suspension, or
material change in coverage,
& PaMents Withheld
The County may wiffihold or nullify the whole or part of anypayment to
such extent as may be necessary to protect the County from loss or damage for reaso
including but not limited to: ns
a Work not within the Contract.
Reasonable evidence that the work required by the Contract cannot be completed
for the unpaid balance of the contract sum.
a Work by the County to correct defective work or complete the work.
d Failure by the Contractor to perform work within this Contract.
e Cost or liability that may occur to the Count due
a to the Contractorls fault,
a
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 RCS 3 9.76.011 (b).
0 d-4
Authority gLLpIMIX
v. Suppose the Contractor fails toperform 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 * the event corrections cannot be
in
reasonably completed in the seven days, the County may, without prejudice to other remedies: (a)
RM 2401 Rooftop Chiller Procurement & Install— Page 3
use County forces, other contractors, or other means to makegood the Contractor's deficiency,
and (b) deduct from or nullify the Contractor's payments the cost of such effort
as described in
paragraph 8 of this agreement.
9. Warranty I e
of Construction. In addition to any special warranties provided els where 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 ftimished or work-manship performed by the Contractor.
Concerning all warranties, express or implied,' for work performed or materials famished
according to the Contract and companion or applicable documents, the Contractor shall.,
a Obtain all warranties that would be given in standard commercialpractice.
h Require A 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, manufacturer's, or supplier's warrant that extends
beyond the period specified in the Contract.
d The obligations under this Section shall survive completion.
10, &Lcessors and As. 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 woTk'
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.
Chances in Work. The County may, at any time and without notice tothe Contractor's surety,
order additions, deletions, revisions, or other changes in the work. Thesechanges i the work
shall be incorporated into the Contract Document through the execution of Change Orders.
Suppose any change in the work ordered by the County causes an increase or decrease in the
Contract Sum or the performance time. In that case, ane adjustment shall be made, and
such adjustments(s) shall be incorporated M*to 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 from 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, 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 to the contract sum or time of performance, the
County may accept or reject the proposal, request further documentation, or negotiate
RM 2401 Rooftop chiller Procurement & I nstall— Page 4
acceptable terms with the Contractor.
Pending agreement on the tenus of the Change Order, •the County may direct the Contractor to
proceed inu-nediately With the Change Order work. The contractor shall not proceed with any
Change in the work until it has obtained the County I s ap roval. All work done under
M
county -directed cY
change in the work shall be executed per the Contract.
12. No Aizene•v IR-elationship. 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 imphed
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 tbingwhatsoever,
13. Clean A The contractor shall always keep the project s*te, including hauling routes,
infrastructures, utilities, and storage areas, free from accurnul I
ations of waste materials. Before
completing the work, the Contractor shall remove its rubbish, •tools, scaffolding, equipment,
and ' materials from the premises. Upon completing the Work, the Contractor shall leave the
project site in a clean, neat, and orderly condition that is s l'
atisfactory to the County. 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 remaininLy clauses an
provisions shall nevertheless be and remain in full force and effect. C31
15. 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 Wbich modify or affect the terms hereof No amendment hereto ;Shall be binding
unless the terms thereof care in writing and signed by both Parties, Time -
verbal or other agreements modify or affect theContract. is of the essence. No
16. Exvlanatioln 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 termshereof 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 upo
delivery thereof or three (3) days following deposin
t of the notice in the U.S. mail as required
herein.
Headins. Construction. The headings of the sections and •paragraph are In s e
s * serted solel for the
convenience of the parties. They are not apart of and are not intended to govem, lirnit, or aid
in
constructing any term or provision hereof. In construing the partiest intent •regarding
In this contract, no more significant or stricter construction of any terns. or • provision hereof shall
RM 2401 Rooftop chiller Procurement & Install— Page 5
be asserted against the county as drafter.
18. Governing Law,Venue, The Performance and interpretation of the Contract Document shall be
governed 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 County, Washington.
fff
RM 2401 Rooftop Chiller Procurement & Install— Page 6
CONTRACTOR:
Basin Refq:keration and/
,Heating, Inc.
M
Liceas,dNo. �asfinRH163KM
uBr'No. 600-5 1 4-947
sgienks a,jamail.com
Dated the t of
2023.
TEST: 7 A
2
Ba6a4 J. Vasquez,
Clk- the Board V
Approved as to form:
M
Barbara 0. Duerbeck, WSBA # 53946
Deputy Prosecuting Attorney
Date:
RM 2401 Rooftop Chiller Procurement & Install— Page 7
BOARD OF CO
Danny Stone, Vice-Chair�'
Ro 0.
er
Brittany E. Lutz
From:
Tom Gaines
Sent:
Thursday, April 11, 2024 2:03 PM
To:
Kevin Schmidt
Subject:
RE: RM2401 Rooftop Chiller
I have reviewed this, and it is good to go.
Tom Gaines
Director, Grant County, WA
Central Services Department
tgaines@grantcountywa.gov
509-754-2011 Ext 3276
Serve the Public, Be Exceptional, Enjoy Life
From: Kevin Schmidt <kschmidt@grantcountywa.gov>
Sent: Thursday, April 11, 2024 1:57 PM
To: Tom Gaines <tgaines@grantcountywa.gov>
Subject: FW: RM2401 Rooftop Chiller
Insurance is 1 and 2. If that can be approved we will get this on consent. It was signed b Basin a month ago in the
transition for insurance approvals.
g y
Kevin Schmidt
Facilities and Maintenance Manager
Grant County, Wa
Phone: 509-754 2011 ext: 3272
Mobile: 509-237-4081
Email: kschmidt rantcount wa. ov
From: Kevin Schmidt <kschmidt rantcount wa. ov>
wommoo—
Sent: Friday, March 8, 2024 11:07 AM
To: Pete Wyatt < w att rantcount wa. ov>; Barbara G. Duerbeck <b duerbeck rantcoun
gd t wa . ov>
Subject: FW: RM2401 Rooftop Chiller
Ba rb,
Here is a contract to replace the chiller on the roof of the main building for RENEW in Moses Lake for your review.
Please let me know when you have finished, and I will pick it up and deliver it for consent.
Thank you.
Kevin Schmidt
Facilities and Maintenance Manager
Grant County, Wa
Phone: 509-754 2011 ext: 3272
Mobile: 509-237-4081
Email: kschmidt grantcountywa. ov
From: Pete Wyatt < w att rantcount wa, ov>
Sent: Friday, March 8, 2024 8:19 AM
To: Kevin Schmidt <kschmidt rantcounfi wa. ov>; Dell A. Anderson <daandersonrantcounfi wa >•
ov , Linze
Greenwalt <-IgreenAgItffl, grantcountywa.gov>
Subject: FW: RM2401 Rooftop Chiller
;ve&z 5. ?Ova&,, 575f S7-,,,4SvP7ff
w4eq& SaAl�,�
840 E Plum ST
Moses Lake, WA 98837
Cell: (509)237-8832
Desk: (509)765-9239 x 5457
F r i
From: Erin D cerin@basinservice.cam>
Sent: Thursday, March 7, 2024 2:11 PM
To: Pete Wyatt <pwvatt@grantcountywa ov>
Subject: RM2401 Rooftop Chiller
Hello,
Please see the attached signed contract.
Thank you,
Erin Dupea
Basin Refrigeration & Heating
509) 765-7138
Fx1
Brittany E. Lutz
From: Barbara G. Duerbeck
Sent: Monday, March 11, 2024 1:27 PM
To: Kevin Schmidt; Pete Wyatt
Subject: RE: RM2401 Rooftop Chiller
This has my electronic approval. I am not back in office full time yet so we are still using digital aov
al
via email submitted with the contract to the BOCC to show approvalpp.
Thank you,
Barbara G. Duerbeck
Deputy Prosecuting Attorney
Grant County Prosecuting Attorney's Office
Civil/Appellate Division
509-754-2011
Extension 3912
baduerbeck@vrantcountvwa.gov
The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity to whom
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e-mail and any attached documentation. Please be advised that any reply to this email may be considered a public record
and be subject to disclosure upon request. Thank you.
From: Kevin Schmidt <kschmidt@grantcountywa.gov>
Sent: Friday, March 8.,2024 11:07 AM
To: Pete Wyatt <pwyatt@grantcountywa-gov>; Barbara G. Duerbeck <bgduerbeck@grantcountywa.gov>
Subject: FW: RM2401 Rooftop Chiller
Barb.,
Here is a contract to replace the chiller on the roof of the main building for RENEW in Moses Lake for your review.
Please let me know when you have finished, and I will pick it up and deliver it for consent.
Thank you.
Kevin Schmidt
Facilities and Maintenance Manager
Grant County, Wa
Phone: 509-754 2011 ext: 3272
Mobile: 509-237-4081
Email:kschmid wa.ggov
From: ete Wyatt <Pwyatt(@grantcoun wa.gov>
Sent: Friday, March 8, 2024 8:19 AM
To: Kevin Schmidt <.kschmi Itywa. >; Dell A. Anderson <daan
derson rantcountywa.grov>; Linze
Greenwalt <Igreenwalt@grantcountvwa.gov>
Subject: FW: RM2401 Rooftop Chiller
;De&4 5, sus, s7-�s*PIn
'Wa4w"e-e s aAl��ISqe# s���n
840 E Plum ST
Moses Lake, WA 98837
Cell: (509)237-8832
Desk: (509)765-9239 x 5457
STS
From: Erin D <erin@basinservice.com>
Sent: Thursday, March 7, 2024 2:11 PM
To: Pete Wyatt <PwvattPgrantcountywa.gov>
Subject: RM2401 Rooftop Chiller
Hello.,
Please see the attached signed contract.
Thank you.,
Erin Dupea
Basin Refrigeration & Heating
(509)_ 765-7138
Fx]
N