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HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPaRTnnENT:Facilities and Maintenance REQUEST suBMirrEo BY.. Kevin Schmidt DATE: H/27/ZO24 PHONE:509-754-2011, 3272 CONTACT PERSON ATTENDING ROUNDTABLE:Kevin Schmidt/Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ® Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees R Budget ❑Computer Related ❑County Code ❑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 El Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB --- all, Contract No. FM2414 with R&S Upholstery to remove cloth old covering and pad to replace with new pvc and foam. This is to do. 30 benches that are in the Superior Courtrooms that are stained. This is an approved capital project for 2024 and the $22,571.05 would be paid from capital outlay Reet 1 funds. The budget for this project is $30,000. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO W N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A ti DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: 91 D2: D3: IM2 DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 THIS CONTIUCT ("Contracr), entered by and between GRANT COUNTY, duly organized and operating under and by the Consfitution and the laws of the State of Washington ("CounW), and R&S. Upholstrey LLC., UBI No. 602-003-873, a company duly formed and doing business in the State of Washington C'Contractor" ). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Work of ConqKt/Sco e of Work. The Contractor shall do all work and fin-nish all tools materials, equipment, and diings of every'description necessary to complete the tasks and scope of work as per this contract for the Grant County FM2414 Superior Court Bench Re -upholstery. "Work" 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: * There are 30 benches to be re -upholstered. * Remove old covering and pad of seats and backs of benches. Cover with new contract grade Vinyl over a minimum of inch HR43 "Utrafoam"., 9 Provide all materials, equipment and labor to complete the project. & Develop timeline with project manager to complete project by October 31. Disassembly and re -assembly of bench -seats and backs from main frameofbench and delivery and pick to R&S Upholstrey will be done by County forces. RrMiectSite. The work shall be accomplished. -upon the real property commonly known as the Gmt COUntY COUrthOUSP, situated on or about 35 C St NW, Grant County., Washington, or as may be. more specifically directed at the sole discretion of the County. The benches will be dis- assembled and re -assembled on County property. County employees will transport benches to and from R&S Upholstrey LLC where the re -upholstery work will be done. 3. Date of Commencement and Date of Completion. The Contractor shall commence the work described herein upon rece' 4 1VM9 notice to proceed from the County beginning at a time mutually agreed upon by the parties after having obtained all necessary permits/bonds. Substantial completion of the work shall occur by October 31, 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. FM2414 Superior Court Bench Re -upholstery— Page 1 R E Ca" E I V E-EE 2024 I 1 9 0 i N 1, 0 0 IN -!F�, SIS R I r1fill r'"I 4. Contract Sum andjLenns. i ne agreed Contract sum, except forprovisions set forth below in Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below inPara graphs8 and 11, and any otherprov'lsioncontainedwithinthe Cont ractwbichmayaffect such Contract Sum to be paid to Contractor, is as follows: Subtotal $2011822.00 Washington State Sales Tax @ 8.4% $11749.05 Total $22571.05 [Retainage (5% of ubtotal) NA Re : is not required for this project. A tx 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 3 9;. 12.040. Ument Interval. P Intery My billing J and B -The Contractor shall submit a monthly statement and invoice to the County. Such billing statement and invoice shall set out the nature of the work performed, the time and materials ihvolved, 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 (30) days of receipt. 5. Performance and Patent Bonds: Not required. 6. Indemnityand Hold Harmless. The Contractor shall defend, indemnify, and hold the - :3- County, its officers, officials, employees, and volunteers harmless from any claims, mjunes, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of the contract, except for m4j*uries and damages caused by the sole negligence of the County. It is ftuther 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 expiration of termination of this contract. 7. Insuranpe. 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 heremdcr by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall provide a Certification of insurance evidencing: a Automobile Liabili insurance with linfits no less than $ 1,000,000 combined F1N12414 Superior Court Bench Re --upholstery— Page 2 single limit per accident for bodily injury and property damage; and b. CommercLal. General Liabi SUFMeelYind ass'ea- �%Xfl& &HE Ann, W.L W %I Wiv %jU--,wL I " OAJLJL51� A AA-ja-JLj; ..N-Rurffe. .7 "44AX FA XWI" LJ • &JJL"4AM.W ee A&MI nag* ■ jL-ne insurance amount has been waived with 0 $1001poL Z!IL*%, general liability being acceptable as R&S Upholstrey will not be working on Grant County property. erty. C Worker s Compensation insurance at the limits established by the State of Washington. Any payment of deductible or self -insured retention shall be the Contractor's sole responsi b il* ity. The County shall be named as an additional insured on the in sutance 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 Contractor's insurance shall be the primary insurance conceming the County, and the County shall be given thirty (M days prior written notice of any cancellation, susp irty , V) ension, or material change coverage. .& ' 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. 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 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 not the Contractor per RCW 39.76.01 1(b). Authority of County. 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 FM2414 Superior Court Bench Re -upholstery— Page 3 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 Contractor's deficiency, and (b) deduct from, or nullify the Contractor's payments the cost of such effort as described paragraph 8 of this agreement. 9. W I 'cancan of. Construction. In to any special warranties provided elsewhere in the Contract Document and companion or applicable documents, the Contractor warrants that all A - 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 ftunished according to the Contract and companion or applicable documents, the Contractor shall: a. Obtain all warranties that woWd be given in standard com lercial practice. , h 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 subcontractors, manufacturef s, or supplier's warranty that extends beyond the period specified 'in the Contract. d The obligations under this Section shall survive completion. 10. 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 regarding covenants, agreements, anal 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 remainlegally responsible for all obligations outlined in the Contract. 11. 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 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, an equitable adjustment shall be made, and such adjustments(s) shall be mcorporated 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 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 FM2414 Superior Court Bench Re -upholstery- Page 4 may accept or reject the proposal, request further documentation, or negotiate acceptable terms with the Contractor. Pending agreement on the tems 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 unfit it has obtained the County * s approval. All work done under anycounty- directed: change in the work shall be executed per the Contract. 12. No Aggac S Re lationsIhip. 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 Ar shall be that of an independent contractor. The Contractor is not granted any express or unplied right or authority to assume or create any, obligation or responsibility on behalf of or in the name ofthe County or to bind the Ciounty in any manner or thing whatsoever. 13. Clean U p. The contra for shah. always keep the project site, including hauling routes, infrastiuctures, utilities, and storage areas, free from accumulations of waste materials. Before completing the work, the Contxactor 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 ordexly condition that is satisfactory 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 and provisions shall nevertheless be and remain in full force I and effect. remaining clauses 15. Entire AUeement. The Contract embodies the entire agreement between the -parties; all other agreements, oral or wfitun, are now merged and superseded by the Contract. There are no other agreements which moclify or affect the terms hereof. No am endment hereto shall be binding unless the terms thereof are in writing, and signed by both parties. Time i's of the essence. No verbal or other agreements modify or affect theContract. 16. Explanation of Doem3aents. 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 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 ofthe notice in the U.S. mail asrequiredherein. Heoiggs, Construction. 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 construct m"g 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 shalt FM2414 Superior Court Bench Re -upholstery- Page 5 be asserted against the county as drafter. I& Governing_ Law, Venue. The perfonnance 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. FM2414 Superior Court Bench Re -upholstery— Page 6 CONTRACTOR: R&S Upholstrey LLC Accepted Steven Olson -Owner UBI No. 602-003-873 Dated the ZZ of 1411 Ps T 2024. !BOARD OF COUNTY CONEMSSIONERS -T COUNTY WAS GTON A Cind Carter, 'dhair Danny St /gAe, Vice Chair Rob Jones., Member Approved as to form: By uty Prose siting uting Attorney g2.5'7 ;A 0% / yrvlol � Date: I 712it I - I P/I A FM2414 Superior Court Bench Re -upholstery— Page 7