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HomeMy WebLinkAboutAgreements/Contracts - Facilities & Maintenance (002)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: FaCIIIt@S and Malllt@IIaIlC2 DATE:10/17/2024 REQUEST SUBMITTED BY:Kevin Schmidt PHONE: 509-754-20117 3272 CONTACT PERSON ATTENDING ROUNDTABLE: K2VIIl Schmidt/Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO DO s APPLY)--i *Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related *Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ® Facilities Related ❑ Financial A Funds ❑ Hearing El Invoices / Purchase Orders ❑Grants — Fed/State/County Ell -eases ❑MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El 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 il Basin Refrigeration and Heating contract to replace FCU6 HVAC unit at Youth Services in Ephrata. The bid from Basin is for $13,146.21 and was budgeted for $17,500 in the 2024 Capital Outlay budget. This unit is at end of life and the project will be completed this fiscal year. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: 10--7;Z,-74 APPROVE: DENIED ABSTAIN D1: 0,< (M D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 K24-250 CONTRACT THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly organized and operating miler and by the Constitution and the laws of the State of Washington ("+bounty" ), and Basin Refrigeration and Heating, U13I No. 600-514-947, a company duly foi-med and doing business in the State of Washington ("Contractor" . In consideration of the mutual promises and co-venants contained herciu, the parties hereto agree as follows: Work of Contract/Sco-pe of WoTk. The Contractor shall do all work and fumish all tools, materials, equi went, and things of every description necessary to complete the tasks and scope P of work as per this contract for the Grant County PM2418 FCU 6 Replacement. "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: All required permits 0 All labor, materiais, electrical to remove old system and install and make fully functional the new system. 9 Duct work modifications. 0 Supply (1) 4 ton Carrier air handier, (1) 10 KW Carrier Heat Pack, and (1) 4 ton Carrier Heat Pump, 0 All wiring and commissioning related to the project. 0 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. 0 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 in regard to time needed to complete project. 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. 2. Proi ect Site. The work shall be accomplished upon the real property commonly known. as the Grant County Youth Sem*ces building situated on or about 3 03 Abel Road, Ephrata, Washington, or as maybe more specifically directed at the sole discretion of the County, 3. Date of Commencement and Date of Completion. The Contractor shall commence the work described herein upon receiving notice to proceed from the County beginning at a time inutually agreed upon by the parties after having obtained all necessary permits/bonds. Substantial completion of the work shall occur by December 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, FM2418 FC1J 6 Replacement 4. Contract Sum and Terms. The agreed Contract sum, except forprovisions 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 otherprovision contained within the Contract which may affect such Contract Sum to be paid to Contractor, is as follows: Subtotal $12,127. 0 Washington State Sales Tax @ 8.4% .$101.8.71 Total $13J46,21 Retainage (5% of Subtotal) NA 41 lb a Ratainage:, Retainage is not required for this project as it is under $35,000, h 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. Pavment Interval --and.. B The Contractor shall submit a monthly billing statement anal invoice to the County. Such billing statement and invoice shall set out the nature of the work performed, the time and maten' als involved, or the percentage of work completed as mutually agreed upon by the Contractor and the County. The Cotwty will pay such a statement and invoice within thirty (30) days ofreceipt, 5. Performan 'a d PUment B onds: Not reqWred for this prof e ct. 6. 1-ndemnily and Hold Harmless, The Contractor Shall defend, indemnify, and hold the 0 4 County, its officers', officials, employees, and volunteers hannless from any i claims, nj I unes, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of the contract, except for Miuries 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 wider hidustrial Insurance, title 51 RCW, solely for indcmnification. The parties have mutually negotiated this waiver. 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 propelty which may all'se fi-om or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall provide a Ceitification of Insurance evidencing: a Automobile Lriabilit insurance with limits no less than $ 1,000,000 combined single limit per accident for bodily injury and property dainage; and b. Commercial General Liabili insurance wfitten on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 FM241 8 FCC 6 Replacement aggregate for personal injury, bodily injury, and property damage. Coverage shall 4. include but not be limited to blanket contractual- products/completed operations,' broad form property damage; explosion, collapse, and undorground (XCU) if applicable; and employer's liability. a Worker's Compensation insuraiiee at the limits established by the State of Washington. Any payment of deductible or self-instued retention shall be the Contractor's sole responsibility, The County shall be named as an additional insured 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 Contractor's insurance shall be the primary insurance concerning the County, and the County shall be given thirty (0) days prior wrl*tten notice of any cancellation, suspension, or material change in coverage, 8. - P nts 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 toss or damage for reasons including but not I itnited to: a Work not within the Contract. b. Reasonable evidence that the work required by the Contract camiot be completed for the unpaid balance of the contract sum. c. Work by the County to correct defective work or complete the work, d Failure by the Contraotor 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 payinent is going to be withhold for unsatisfactory performance, the County shall notify the Contractor per RCW 39.76.011 (b). Authority o 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 of the 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 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. Warrant of Constniction. In addition to any special warranties provided elsewhere in FM2418 FCU 6 Replacement 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 furnished according to the Contract and companion or applicable doe-uments, 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 c. 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.. d The obligations under this Section shall survive completion. to. Successors and Ass' . The County and Contractor respectively bind themselves, their paitners, successors, assigns, and legal representatives to the other party hereto and to partners, g successors, assigns, and legal representatives of such other paity regardincovenants, 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. 11. Changes in Work. The County may, at any time and without notice to the Contractor's sizety, order additions, deletions, revisions, or other changes in the work. These changes in the woTk 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 M* the Contract Sum or the performance 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 witbin 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, andinctuding 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 Cba-nge Order proposal or a request for equitable adjustment to the contract sum or time of performance, the Cotulty may accept or reject the proposal, request further documentation, or negotiate acceptable terms with the Contractor. Pending agreement on the tern -is 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. FM24 18 FCU 6 Replacement 12. No Agency Relatiions 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 huplied right or authority to assume or create any obligation or responsibility on behalf of or in the name ofthe Comity or to bind the County in any manner or thing whatsoever, 13, Clean The contractor shall always keep the project site, including hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove its rubbish, tools, scaffolding, equipment, and materials fi-om the premises. Upon completing the Work, the Contractor shall leave the project site in a clean, neat, and orderly 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 remaining clauses and provisions shall nevertheless be and remain in full force and effect, 15. Entire, Agreement. 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 "rhich modify or affect the terns hereof. No amendw C*nt hereto shall be binding unless the terms thereof are in writing and signed by both parties. Time is ofthe essence. No verbal or other agreements modify or affect theContract. 16. E.planation 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 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 sel-Ved upon delivery thereofor three (3) days following depo s it ofthe notice in the U. S. mail as required berein. He,adinvs, Construction. The headings of the sections and paragraphs are inserted solely for the convenience of the parties. '1hey are not a part of and are not intended to govern, limit, or aid in constructing any term or provision hereof. In constr-uing the parties' 'intent regarding In this contract, no more significant or stricter construction of any term or provision hereof shall be assefted against the county as di -after, 18. Goveming.Law, Venue, The performance and inteipretation 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. FM2418 FCU 6 Replacement CONTRACTOR: B.�s Refrig�/zation and Heating Accepted By: Sean Jenks " License No. BASINEHO55NG UBI: 600-514-947 Dated the�of 06,106 tV;-- , 2024, Approved as to form: By e u�rbs�un 1ttornopy4347 Date: /2-4- BOARD OF COUNTY COMMISSIONERS GRANT COUNTS WASHINGTON Clnd ter, Mair e .r l C Danny Stone ice -Chair Robe jWr s,nber FM241FCC] 6 Replacement FM24I8 FCU &Replacement