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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 DEPARTMENT:Facilities aC1CI Maintenance DATE: 1 O/1 7I2O24 REQUEST SUBMITTED BY: Kevin Schmidt PHONE: 509-754-2011, 3272 CONTACT PERSON ATTENDING ROUNDTABLE: Kevin Schmidt/Tom Gaines I CONFIDENTIAL INFORMATION: ❑YES XNO II1r A i A s s Agreement / Contract OAP Vouchers ❑Appointment / Reappointment ❑ARPA Related ® Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ® Budget ❑Computer Related ❑County Code El Emergency Purchase ❑Employee Rel. ® Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances El 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 s Basin Refrigeration and Heating contract to replace AHU3 HVAC unit at Youth Services in Ephrata. Basin's bid with tax is $30,867.98. The budgeted amount is $17,500. There is $25,207 in unused funds from other Reet 1, 126 completed projects. am requesting the approval for the contract and using the remaining completed REET 1, 126 project funds to pay the amount not budgeted. If necessary, was this document reviewed by accounting? 0 YES ❑ NO ❑ N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: APPROVE: -DENIED ABSTAIN D 1: JI�� D2: D3: DEFERRED OR CONTINUED TO: WITHDRAWN: 4/23/24 FINANCIAL REQUEST Requestor Kevin Schmidt Requestor's Department Fac & Maint Date 10.18.2024 Fund # & Dept of Request 001.112 Capital Asset Approval No Budget Extension Yes Establish/Close Fund No Cash Transfer No BASIN REFRIGERATION AND HEATING CONTRACT TO REPLACE AHU3 HVAC UNTIL AT YOUTH SERVICES IN EPHRATA. BASIN'S BID WITH TAX IS $30,868. THE BUDGETED AMOUNT IS $17,500. THERE IS $25,207 AVAILABLE FROM UNDER BUDGETED PROJECTS IN REET 1. (126 COMPLETED PROJECTS). FAC&MAINT IS REQUESTING TO RE -ALLOCATE THE REMAINING BUDGET FROM THOSE PROJECTS ON THE AHU3 HAVAC AT YOUTH SERVICES. CAPITAL ASSET PURCHASE APPROVAL BUDGET REQUIREMENT Asset Description AHU3 HVAC UNIT Additional Expense 13,368 Total Purchase Expense 30,868 Additional Revenue - Less: Existing Approval 17,500 Additional Cash Requirement Additional Funding Source Beginning cash balance o Additional Approval Required 13,368 Capital Facility Related Yes Grant Funded No Documentation BUDGET EXTENSION REQUEST Fund Name Revenue code/s Account Description Amount REEET 1 126.168.00.0000.308000000 FUND BALANCE 13,368 13,368 Fund Name Expense code/s Account Description Amount BEET 1 126.168.00.9112.594186000 CAPITAL OUTLAY 13,368 13,368 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 FORMS WILL BE RETURN TO DEPT FOR SUBMISSION TO BOCC FUND CASH SUMMARY Notes: Beginning Cash 4,623,032 Expense Bdgt (w/amendments) 2,488,500 Expense Ext. Requested 13,368 Budget Hearing: Revenue Bdgt (w/amendments) 2,488,500 Resolution Required: Revenue Ext. Requested (excl 308) 13,368 Estimated Ending Cash 4,623,032 Reviewed By: MANDY KIM, CFO K24-251 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 ("CounV`), and Basin Refrigeration and Heating, UBI No. 600-514-947, a company duty formed and doing business in the State of Washington ("Contractor"), hi consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ;or of Contract/Scope of Work. The Contractor shall do all work and furnish all tools, materials, equipment, and things of every description necessary to complete the tasks and scope of work as per this contract for the Grant County FM2417 AHU 3 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 14 1 following* All required permits 0 All labor, materials, electrical to remove old system and install and make fully functional the new system. 0 Duct work modifications. # Supply (1) 7.5 ton Carrier air handler, (1) 20 KW Carrier Heat Pack, (1) 7.5 ton Carrier Heat Pump, and (1) Carrier Economizer. & All wiring and commissioning related to the project. & 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. a Clean up of all areas affected by work related to job. 0 Coordinate with project manager in regard to time needed to complete project. 0 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 ProjectSite. The work shall be accomplished -upon the real property commonly known as the Grant Cotmty Youth Services WIding situated on or about 3 03 Abel Road, Ephrata, Washington,, or as may be 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 mutually agreed upon by the panties after having obtained all necessary pertnits/bonds. 41 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. FM2417 AHU 3 Replacement 4. Contract Sum and Tenns. 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 0. inParagraphs 8 and I 1,and any other provision contained within the Contra ctwhicb may affect such Contract Sum to be paid to Contractor, is as follows: Subtotal $28a476-00 Washington State Sales Tax @ 8.4% $2�391.98 Total $305867.98 Retam*age (5% of Subtotal) NA a, Retain e: Retainage is not required for this project as it is under $35,000, i b. hitents and Affidavit&* Statements ofintent to pay prevailing wages and affidavits of wages paid are required to be submitted to Washington State Labor and Industries according to RC 39.12.040. c. Payment Interval -and Billinw, The Contractor shall submit a monthly. billing statement and invoice to the County. Sueb billing statement and invoice shall set out the nature of the wor1cperfortned, 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 (30) days of receipt. I 5. Performance and Payment Bonds: Not required for this project. 6. Indemnify and Hold Harmless, The Contractor shall defend, indemnify, and hold the County, its officers, officials, employees, and volunteers harmless from any claims, injuries, damages, tosses, or suits, including attorney fees, arising out of or in connection with the per foiniance 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 -tmder 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. Insurance. The Contractor shall procure and maintain, for the duration of this contract, insurance -against claims for injuries to persons or damage to property wbich may wise 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 Cortification of Insurance evidencing: a Automobile Liab insurance with limits no less than $ 1 000,000 combined single limit per accident for bodily injury and property damage; and. b. Commercial General Ll'ab1'11^!y insurance written on an occurrence basis with limits no less than $1,000,000 combined singte limit per occurrence and $2,000,000 FM2417 AHU 3 Replacement aggregate for personal injury, bodily injury, and property dwnage. 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. C. Worker's Com-Densation insurance at the limits established by the State of Washington. Any payment of deductible or self -insured retdntion 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 natning 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 (30) days prior written notice of any cancellation, suspension, or matefial change in coverage. 8. Pavments 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. b. 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 thework. d Fail -Lire 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 i to be withheld for 901119 unsatisfactory performance, the County shall notify the Contractor per RCW 39.76.011 (b), Authority -of Co . Suppose the Contractor fails to perfon-n the work according to the requirements of the Contraet Document. In that case, the County shall provide written notice ofthe deficiency to the Contractor, and the ContTactor shall have seven days to coffect the deficiency in the work. Ifthe Contractor fails to correct the deficiency in the work within the seven days or to take and to continue all appropriate steps initiate the.corrections in the event corrections cannot be reasonably completed in the seven days, the County may, without prejudi'ce 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, Warranty of Construction. In addition to any special warranties provided elsewhere in FM2417 ABU 3 Replacement the Contract Document and companion or applicable documents, the Contractor warrants that all work conforms to the requirements of the Contract and is`- of any defect in eipqument, material, or design furnished or workmanship performed by the Contractor, Concerning all waiTanties, express or 'Implied, for work performed or materials furnished 0 according to the Contract and companion or applicable documents, the Contractor shalh 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 Countv-, and ,f , c. Enforce all warranties for the benefit of the County, if directed by the County, including any subcontractor's, manufacturefs, or supplier's warranty that extends beyond the period specified in the Contract, 10 d The obligations under this Section shalt survive completion.. 10. Successors and As The County and Contractor respectively bind themselves, their paitners, successors, assigns, and legal representatives to the other party hereto and to partners,, successors, assigns, and legal representatives of such other pastyregarding covenants, agreements, and obligations contained in the Contract. Neither party shall assign the worlc 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, Chanizes 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 Siun or the performance time, hi 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 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 de . lays 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 per-formance, the County may accept or reject the proposal, request further documentation, or negotiate acceptable terins with the Contractor. Pendfi-ig 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 Country's approval. All work done under anycounty- di rected change 'in the work shall be executed per the Contract. FM2417 AU 3 Replacement 12. No. Agency lationship.. Neither the Contract nor any agreement implied therefrom constitutes the Contractor as an agent or legal representative of the County for any ptupose 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 assume or create any obligation or responsibility on behalf of or in the name ofthe County or to bind the County in any naanner or thing whats o ever, 13. Clean Up. The contractor shall always keep the project site, including hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste maten"als. 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 satisfactory to the Cotmty. 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 'which modify or affect the terms hereof. No' amendment hereto shall be binding unless the terms thereof are in writing and signed by both parties. Time is of the essence. No verbal or other agreements modify or affect the Contract. 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 wiiting 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 thereofor du-ce (3) days following deposit ofthenotice in the U.S. mail as required here M". Head ing§,' onstruction. 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 teen or provision hereof. In consta-uing the parties' intent regard ing In this contract, 110 MOTC significant or stricter construction of any term or provision hereof shall be asserted against the county as drafter. 18. *Goveming Law, one.. The performance and interpretation of the Contract Document shall be governed and inteipreted 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. FM2417 AHU 3 Replacement l l 1 I 1 ! ! ! � J { J f f 1 � } f � f f CONTRACTOR: Accepted By: Sean Jenks License No. BASINEHO55NG UBL• 600-514-947 on and Heating Dated the of �`�02 ATTEST: BarJ. Vasquez, Cldrk Jf the Board Approved as to foi-m.- B r�k, WSBA. #-5-3945— e I U r Serr I ecuting Attorney -!0Z57 Date: BOARD OF COUNTY COMMISSIONERS GRANT COUNTY-.-,-WASHINGTON Cir)fly/Carter.Chair C, Danny StoVe, Vice Chair Rob Jone,<M-6rn.b er FM2417 AHU 3 Replacement FM2417 AffU 3 Replacement