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HomeMy WebLinkAboutAgreements/Contracts - Facilities & MaintenanceGrant County Facilities& Maintenance POBox 37 Ephrata WA 98823 (509) 754-2011 Ext -3272 Board of County Commissioners June 14, 2023 Re: Request to Proceed, Youth Services FCU 1 & 3 Replacement Dear BOCC, This year it was budgeted to replace two fan cooled units and their condensing units for the administrative office area of the Youth Services Facility, located at 303 Abel Road in Ephrata, due to being in poor condition and being past expected life cycle. The project was put out to bid J to many area contractors, with only one submitting a bid. Basin Refrigeration and Heating submitted the bid for the total amount of $19,253.84 This cost includes two new handlers, upgrading the two old condensers to new heat pumps, installation .. p p� , wiring, new controls and taxes. The budget for this project was estimated to be $21,500.00. Therefore, I am recommending that this project be approved and asking permission top roceed. The costs would be paid from capitol REET 1 fund 126.168.00.9112.59418600, budgeted for g $21,500.00 in the Facilities and Maintenance approved capital plan for 2023. Thank you for your consideration in this matter. Sincerely, :�eui�x Scluxidt Kevin Schmidt Facilities and Maintenance Manager Grant County, Washington PI 1-i- I V E D JUN GRANT COUN-PY Kevin Schmidt Manager Facilities and Maintenance Kschmidt@grantcountywa.gov "To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment" K23-143 CONTRACT THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duty organized and - operating under and by virtue of the Constitution and the laws of the State of Washington, ("County"), and The Basin Refrigeration and Heating, a corporation duly formed and doing business in the State of Washington ("Contractor"). In consideration of the mutual promises and covenants contained herein, theparties hereto agree as follows: Work of Contract/Scone of Work. The purpose of Grant County project FM2305, FCU Replacements at Youth Services, is to replace the identified fan cooled units, 1 and 3, and install heat pumps in place of the condensers that supply these units. Scope: Grant County Project FM2306 is the complete service to remove the existing fan cooled units and condensers and supply and install new units and heat pumps in place of the condensers. Contractor will supply equipment that is compliant with current energy codes, be responsible for any permits required, any project related materials, duct work modifications, exterior equipment pads, electrical work and controls and replace the liquid-tite conduit to the outside heat pumps. The outcome of theproject is that the c . ontractor will have supplied a turnkey solution for the two new HVAC units for thisproject. The contractor shall provide all material, labor, equipment, tools, supervision, and whatsoever else is necessary to accomplish the following: Remove and install two heat pump units and fan cooled air conditioning units. Wire controls and electrical to all equipment in the scope of this project, including the new thermostats. Refrigerant and supplies to fill new units to OEM specifications. Contractor shall be responsible for transportation, and disposal of all project related materials, and equipment. 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. Removal and disposal of all waste generated by the project. Associated waste disposal costs are the responsibility of the contractor. 9 Clean up of all areas affected by work related to job. a Contractor will coordinate with project manager regarding when and the time needed to complete demolition and construction to allow safe access for customers and employees. 0 Containers to properly store and haul all job-related materials, solid and liquid, for disposal. Material Safety Data Sheets are to be provided and available by the contractor upon demand and on site for any chemicals brought on site. • Work is to be done during normal operating business hours The term "work" shall mean all work individually and/or collectively perf rmed by the Contra or during the project. 0 actor 1. Project Sites. The work shall be accomplished upon the real property commonly known as FM2305 YS FCU Replacement Contract the Grant County Courthouse and situated on or about 35 C St NW, Ephrata, WA. 2. Date of Commencement and Date of CqLnpletion- The Contractor shall commence the work described herein upon receiving notice to proceed from the County. Substantial completion of the work shall occur on or before July 1, 2023, or at such other time as may be mutually agreed upon by the parties. In any event, Contractor shall not commence construction until notice top roceed has been provided by the County, The Contractor shall obtain all necessary permits prior to the commencement of any work. 3. Contract Sum and Terms. The agreed Contract sum,, except for provisions set forth below in Paragraph 14, and with payment of such Contract Sum subject to provisions set forth below in Paragraphs 9 and 12, and/or any other provision contained within the Contract which may affect such Contract Sum to be paid to Contractor, is as follows: Subtotal $17,760.00 Washington State Sales Tax $1491.84 Total $193253.84 Retainage $NA The Contract sum shall be, and not to exceed, $19,251.84 including all applicable taxes and any additional costs resulting from jurisdictional requirements maintained by an additional authority, Permit costs and all materials and/or labor to complete the scope of work described herein is the responsibility of the Contractor. 5% retainage is required as are intents and affidavits to Washington State Labor and Industries Contractor shall submit a single billing statement and/or invoice to the County at the completion of the project. Such billing statement and/or invoice shall set out the nature of workperformed, as well as the time and materials involved in such work or percentage of work completed as mutually agreed upon by the Contractor and the County. The County will pay such statement and/or invoice within thirty (30) days of receipt. 4. Performance and PUment Bonds: Requited for this project. 5. Retainage: Is not required for this project, 6. bidemnily.and Hold Harmless. The Contractor shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or in connection with theperformance of the contract, except for 'Injuries and damage's caused by the sole negligence of the County, It is further specifically and expressly understood that the indemnificationprovided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW, solely for the purposes of indemnification. This waiver has been mutually negotiated by the parties, The provisions of this section shall survive the expiration of termination of this contract. FM2305 YS FCU Replacement 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 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: Automobile Liabilit insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Commercial General LlabilYty insurance written on an occurrence basis with limits no less than $ 1,000,000 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/competed operations; broad form property damage; explosion, collapse and underground (.ACU) if applicable; and :P employer's liability. Worker's Compensation Pensation insurance at the limits established by the State of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The County shall be named as an additional insured on the insurancepolicy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the county as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall be primary insurance with respect 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, on account of subsequently discovered evidence, nuffify the whole or part of any payment to such extent as may be necessary to protect County from loss or damage for reasons including but not limited to: * Work not in accordance with 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 thework; e Failure by the Contractor to perform in accordance with the Contract; or * Cost or liability that may occur to the County as the result of Contractor's faultor negligent acts or omissions. PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory performance, the County shall notify Contractor in accordance with RCW39.76.01 1(b). 9. Authority of County. If the Contractor fails to perform the work according to requirements of the Contract Document, the County shall provide written notice of the deficiency to the Contractor FM2305 YS FCU Replacement Contract and Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to correct the deficiency in the work within the seven day period or to take and continue all appropriate steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven day period, 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/or (b) deduct from the Contractor's payments the cost of such effort, 10,Harmaty, of Construction. In addition to any special warrantiesprovided elsewhere in the Contract Document and/or 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, or workmanship furnished or performed by Contractor. With respect to all warranties, express or implied, for work performed or materials furnished according to the Contract, and/or companion or applicable documents, the Contractor shall: o Obtain all warranties that would be given in norinal commercialpractice; e Require all warranties to be executed, in writing, for the benefit of the County-, and o 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. * The obligations under this Section shall survive completion. it. Successors and Assigns. The County and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and topartners, successors, assigns and legal representatives of such other party in respect to covenants, agreements, I tt and obligations contained in the Contract. Neither party shall assign the work without wri en consent of the other. If eitherparty attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations set forth in theContract. 12. Changes in Work. The County may, at any time and without notice to 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. If any change in the work ordered by County causes an increase or decrease in the Contract Sum or the time of performance, an equitable adjustment shall be made, and such adju'stments(s) shall beincorporated into said Change Order. No changes to the contract sum shall occur unless recorded in such a change order. If the County desires to order a change in the work-, it may request a written Change Order Proposal from Contractor. Contractor shall submit a Change Order proposal within 14 days of the request from the County, or within such other period as mutually agreed. Contractor's Change Order Proposal shall include full compensation for implementing the proposed change in the work including any adjustment in the contract sum or time of performance, and 'Includincomp 6 g pensation' for all delays in connection with such change in the work and for any expense or inconvenience, FM2305 YS FCU Replacement Contract disruption sruption of schedule, car 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 in the contract sum or time of performance, or both, the County may accept or reject the proposal, request further documentation, or negotiate acceptable terms with Contractor, Pending agreement on the terms of the Change Order, the County may direct Contractor to proceed immediately with the Change Order work. Contractor shall not proceed with any change in the work until it has obtained the County's approval. All work done pursuant to any County -directed change in the wo*rk shall be executed in accordance with the Contract. 13. No Agency 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 relationship of the Contractor to the County by reason ofthe 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 manner or thing whatsoever. 14. Clean Up. Contractor shall at all times, keep the project site, including hauling routes, infrastructures, utilities, and storage areas, free from ac'eumulations of waste materials. Before completing the work, Contractor shall remove from the premises its rubbish, tools, scaffolding, equipment, and materials. Upon completing the Work, Contractor shall leave theproject site in a clean, neat, and orderly condition satisfactory to the County. If 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 Contractor, ,15. Survival. In the event any clause or provision of this Contract shall be held to be invalid then the remaining clauses and provisions shall nevertheless be and remain in full force and effect." 16. Entire Agreement, The Contract embodies the entire agreement between theparties, all other agreements, oral or written, are hereby merged into 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 signed by both parties. Time is of the essence, No verbal or other agreements modify or affect the Contract. 17. Explanation of Documents. The Contract been fully reviewed by the Contractor. The Contractor has had the opportunity to consult with legal counsel as to the legal effect ofthe Contract. 18. Notices. All notices which maybe required pursuant to the terms hereof are to be in writing and delivered personally to the party to receive the same or mailed by regular mail,postageprepaid to the address specified adjacent to the parties' signatures. All notices shall be deemed served upon delivery thereof or three (3) days following deposit of the cefflfied.notice in the U.S. mails' as required herein. 19. Headings, Construction. The headings of the sections and paragraphs are inserted solely for the convenience of the parties and are not a part of and are not 'Intended tog ove m, I imi t or aid in the FM2305 YS FCU Replacement Contract construction of any term or provision hereof. In construing the parties' intent with regard to this contract, no greater or stricter construction of any term or provision hereof shall be asserted against the County as drafter, 20. Governing Law, Venue. The performance and 'Interpretation of the Contract Document shall be governed and interpreted in accordance with the laws of the State ofWashington. Any itigation arising out of or in connection with this Contract shall be conducted in Grant County, Washington. FM2305 YS FCU Replacement Contract th_ Dated the, 13 of 2023, CONTRACTOR: Basin Reffig ration. at; Heating By:-_ Lie e*nse No. BASINEHO 5 5NG UBI No, 600-514-947 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Danny Stone, Member Dated the CY?A Of I Aftp 2023. ATTEST: Barbara arbara J. V squez Ile 0 Clerk of the oard Approved as to form,-, B Barbara ar ara G. J)uerbeck Prasec ting Attorney Date: FM2305 YS FCU Replacement Contract