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: Linze Greenwalt
CONTACT PERSON ATTENDING ROUNDTABLE.. Dell Anderson
CONFIDENTIAL INFORMATION: E]YES ®NO
DATE- 5/6/24
PHONE:x5470
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E]Tax Title Property
E1WSLCB
E2LSO *W1 j:4!xTjj* ij 911 g [Clael im:4 j I!IAM 0 W IT -11 W11 0MRIAIJ On E41 unum
Contract with Benton Franklin Power Vac, Inc. dba BF Power Vac, to clean the ducts at Renew's
Moses Lake office. This was a bid proposal received and approved by Facilities. This will be paid_
line item ML Office Remodeling in the Capital Outlay budget 108.150.00.0000.594646000
If necessary, was this document reviewed by accounting? 0 YES 1:1 NO R N/A
If necessary, was this document reviewed by legal? 0 YES El NO F-1 N/A
DATE OF ACTION: H - �`1
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
DEFERRED OR CONTINUED TO:
Ile,
01-
4/23/24 R' ° . , ,
-7,
trenew
iss
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 ("County"), and Benton
Franklin Power Vac, Inc. DBA BF Power Vac, UBI No. 602-429-670, 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. Work 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 Renew HVAC Duct Cleaning Project,
RM2403. "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:
a Providing all equipment, materials, and labor needed to complete Grant County
Renew HVAC duct Cleaning, to include:
➢ One Tem Troll 30,000 CFM air handling unit
➢ Supply air fan
➢ Return air fan
➢ Mixing chambers
➢ Cooling coils
➢ All accessible connected high velocity supply air ductwork for AHU
➢ All accessible connected return ductwork for AHLT
➢ All accessible connected .fresh air ductwork for AHU
➢ Fifty-one (5 1) electric fan powered terminal units
➢ Squirrel cage fans
➢ All interior compartments
➢ All accessible low velocity supply ductwork connected to the terminal units
➢ All ceiling supply diffusers
➢ Contact vacuuming ceiling area in close proximity of supply diffusers and
the top side of the.: ceiling tiles inclose .proximity of the intake of the
terminal units to remove dust accumulation
b. Supply any permits required for this project. -
c. Ensure technicians on site are competent and trained in the safe execution of their
obs.
d. Complete cleanup of the area once above completed, including but not limited to
recovery and removal of equipment, trash, and debris.
e. 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.
RM 2403 HVAC Duct Cleaning — Page 1
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2. Project Site. The work shall be accomplished upon the real property commonly known as the
Grant County Renew building, situated on or about 840 East Plum Street, Moses Lake, WA, 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 parties after having obtained all necessary permits/bonds. Substantial
completion of the work shall occur by August 9, 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.
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 Sun to be paid to Contractor, is as follows:
Subtotal $1079582
Washington State Sales. -Tax @ 8:4% $99036.89
Total $1169618.89
Retainage (5% of Subtotal) $59379.10
a Retainage: 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 to pay prevailing wages and affidavits
of wages paid are required to be submitted to Washington State Labor and
Industries according to RCW 39.120040.-
c.
9.12.040: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 (3 0) days
of receipt,
5. Performance and Payment 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 negligence 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, title 51 RCW, solely for indemnification.
RM 2403 HVAC Duct Cleaning — Page 2
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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 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:
aAutomobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
b. Commercial General Liability 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/completed operations;
broad form property damage; explosion, collapse, and underground (XCU) if
applicable; and employer's liability.
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 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 (30) days prior written notice of
any cancellation, suspension, or.material. change in coverage.
8. 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.
b. Reasonable evidence that the work required by the Contract cannot 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 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, 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 the Contractor per RCW 39.76.011(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 of the deficiency to the
Contractor, and the Contractor shallhaveseven days to correct the deficiency in the work. If the
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
RM 2403 HVAC Duct Cleaning — Page 3
was
9
,90 Grenew
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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 S of this agreement.
9. Warranty of Construction. In addition to any special warranties provided elsewhere 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 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 documents, 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; manufacturer'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, 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 ma -v 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 Orne.10hat 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 ma 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 acceptable terms with the
Contractor.
Pending 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 County's approval. All work done under any county -directed change in the work
shall be executed per the Contract.
RM 2403 HVAC Duct Cleaning — Page 4
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Grenew iss
12. 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 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 of the County or to
bind the County in any manner or thing whatsoever.
13. Clean Up. 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 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 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 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. Explanation 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 served upon delivery
thereof or three (3) days following deposit of the notice in the U.S. mail as required herein.
Headings, 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 in
constructing 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 shall 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.
RM 2403 HVAC Duct Cleaning — Page 5
Grant Behavlora.1 Heith ty Wellness
CONTRACTOR:
Benton Franklin Power Vac, Inc DBA BF Power Vac
By: ��
License No. BF V908PG
UBI No. 602-429-670
bfowervac(cr�,bfpV.com
Dated the 23 of April, 2024.
BOARD OF COUNTY
COMMISSIONER NT .COUNTY,
=S(G TO
114 A A ku.
Cindy Cart4, Chair
Danny St no, Vice -Chair
Ro er
ATTEST:
w.. Bar gar J. Vas u.ez 1 hof th oard
q
Approved as to form:
By Barbara G. Duerbeck, WSBA # 53946 Deputy
Prosecuting Attorney
Date:
GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
R@neWREQUESTING DEPARTMENT:
REQUEST SUBMITTED BY: Lime Greenwait
CONTACT PERSON ATTENDING ROUNDTABLE:Dell Anderson
CONFIDENTIAL INFORMATION: DYES WNO
DATE: 5/8/24
PHONE: x5470
--------------------------------- - --------------
-----------------------------
Agreement I Contract
EIAP Vouchers ------ ----------------------------
-- -------- -------------- -----------
ElAppointment / Reappointment
- ----- - -
EIARPA Related
D Bids / RFPs / Quotes Award
[]Bid Opening Scheduled
D Boards / Committees
0 Budget
DComputer Related
Cl County Code
D Emergency Purchase
[]Employee Rel.
El Facilities Related
El Financial
0 Funds
0 Hearing
0 Invoices / Purchase Orders
DGrants — Fed/State/County
0 Leases
El MOA / MOU
Cl Minutes
00rdinances
D Out of State Travel
[]Petty Cash
0 Policies
0 Proclamations
0 Request for Purchase
0 Resolution
DRecornmendation
D Professional Serv/Consultant
0 Support Letter
DSurplus Req.
Ff Tax Levies
OThank You's
OTax Title Property
OWSLCB
DATE OF ACTION:
APPROVE: DENIED ABSTAIN
DI: hey -
D2: ? 5��
D3:
N
DEFERRED OR CONTINUED TO:
1MY
renewGriant
Elehavti�.Pot Health a Wellness
CONTRACT
THIS CONTRACT (`Contract" ), entered by and between GRANT COUNTY, dulyorgani#
zed and
operating under and by the Constitution and the laws of the State of Washington ("County"), and
Guardian Roofing & Exteriors, UBI No. 604-509-303, a company duly formed and doing business in the
State of Washington ("Contractor").
In congideration of the mutual promises and covenants coiltaited herein, the parties hereto ag, ree as
follows:
Work of Contract/Scope of Work The Conti -actor shall do all work -and furnish all tools.,,
materials, equipment, and tWngs, of every description necessary to complete the tasks - and scope
of work as per this contract for the Grant County Renew Quincy Office. Roofing Removal and
Replacement Project, RM2402. "Work" means all work individually and collectively performed
by the Contractor during the project.
The Contractor will be responsible for supplying and -do M`g all the work to complete the following:
a Providing all eqtiipment, itiateri,419, and labor needed to reltiove and dispose .ofthe
existing roofing aiid any other sections found to need repair and re -installation of
1k.
new roofing and any sections, that are repaired.
b. Supplying replacement roofing, facia, pAper,t
vent8. etc.
c. Any labor and materials to remove or -replace roofing, vents, paper, facia; etc.
d Supply any pennits, required for. this pr 'eibt.
a Ensure technicians on site are competent and trained in the safe execution of their
jobs.
f Complete clean-up of the area once above coMpleted, including
but not limited to
recovery and removal of equipment, trash; aid debris.
Contractor understands this is a Public *Work gubj ect to prevailing wage and the
submission gsion of intents, affidavits, -and certified payroll as required by the Labor and
Industries.
2. Project Site. The work shall be, accomplished -upoft the real property commonly known as the
Grant County Renew building, situated on or about 203 Central Avenue South Quincy,
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 be ..O,.,,.at a time mutually
agreed upon by the parties after h* obtained all necessary pen-nits/bonds. Substantial
having
completion- of the work shall occur'by June 1, .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,
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:
RM 2402 Roofing Removal and Replacement — Page 1
@0 renew
GOant; E��hgMpro'l Health a Wellness
Subtotal $333750.29
Washingon'st'ate Sales Tax 8.4% $2,,-&35.02
Total $361585.E!
Reitainage (5% of Subtotal) $1,829.27
a Retam' age: Required for this 1* ec�t. A -ret " age bond is -acceptable andpreferred.
prod . -retain
5% retainage is required under RCW 60,28,001 i The contract is over $3 5,0001-
approvedrequiring anotice ,ofcompletioii-to be, sled and before. r6leasing
retainage.
b. Intents and Affidavits: StatemeAts of m.'teftt,to -Val 'prevai �.R wages* and affldavi&
of wages pald are required to be submittedtoWasbington
State Labor and
Industries according to RCW 3 9.12.040i
pq *meiit Interval and.Bil The Contractor shalt submit a.mmtbty billing
statement -and invoice to the 'County; Such �iilingset statement and M',V'OI'ce shall
out the nature of the work performed, the time and materials involved r the
en .7 o
percentage of work coMPI-eted as mutually' agreed upon by the Contractor and the
County. The County will pay such -a stateinent and invoice within thirty (3 0) days
of .receipt.
5. Perfonnance and PUment B onds: Requifed for this prd; ocf.
6. Inae=itv and Hold Harmless. T
h6 Contractor shall defend, indeauffy, and hold the County, its
officers, Officialg, en�ployees, and volunteers harnal
ess from any claims.,"i
njun damages,
losses, or suits, including attorney fees,, -arising o -at of or in connection with theperforinanco 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 indeinmfication PrQvided herein constitutes the
Contractor's waiver of immunity under '11dtistriat Insurance, title 51 RCW solely for indemnification.
The paries have mutually negotiated this waiver: The ptoV1, 's-'otig 1 of thi8 section -9hall survive the
expiration of tp , minati f this c Y
on o contract:
7. insurance. The Contractor shall procure and m,
wat4w, for the duration of this contract, insurance
against claims. for injuries to persons or damage to -n
roperty which may arise from. -or in
connection with the performance of the workhereunaer by the Cont - ractor, its agetIts,
representatives, employees, or subcontractors. The Contractor sh
all provide a Certification of
Insuranceevidencing:
a Automobile L insuraince with limits no less than $1,000,000 combined,
single limit. per accident fox bodily r-uryand
Mi property dw�4gel; and
h 6rhmerci at "General Lab iance Wrinsur 'tten on an occurrencd basis with limits
no leg's than' $1,00x,40'combined ed shigle limitper'occuir occurrence *aid $2,000,000
aggregate for -personal i M" lury, bodily injury, 'and -property damage. Coverage shall
include but not be limited to blank6t contractual; products/ ompleted operation
c ns;
RIVt 2402 Roofing Rerftovai and Replacement --Page 2
a
broad form
.property dainage; explosion, on, collapse, and underground (XCU) if
applicable; and employer's liability.
c. workers Compensation insurance at the limits established by the State of
Washington'.
Any payment of deductible or self-insured retention shall be the Contractor's sole respQnsi$ ity
, The
County shall be namedas an . --additional insured on the i -work performed b
nsuraace policy concemilig y or
on behalf of the Contractor, and a copy of the endorsement training the county as,afiadditional insured
shall be attached to the Certificate of Insurance, The Contractor's insurance shall be the pi" ar
I . run y
insurance concenu-ng the C qun% and the County shall be given thirty (3o) days. prior written notice of
any cancellation, suspension, or materia hange in coverage...
c
8. Poments Withheld. The. County may withhold or nullify the whole or part of any payineut to
such extent as xray b e necessary to protect the County y fionoss or d
atnage -for reasons including
but not Whited to;.
a. Work not w" the Contract.
I
b. Reasonable evidence that the work required by the Contract cannot be completed
for the unpaid balance of the contract stun.
c. Work by the County to 'Correct defective work or complete the work.
d. Failure by the Contractor to perforin work within this Contract.
e Cost or liability that may occur to the County due to the Contracto?s fault,
negligent ,acts, or 6tfti.ssions.
PROVIDED: In any case where part of all. of a payment is going to be witbh&ld for unsatisfactory
performance, the County shall 'notify the Contractor per RCW 39,36-.01 1(b),
Authority of County. Suppose the Contractor fails to perform the work according to the requirements of
AX
the Cont.mct Document. In that case, the County shall provide written. notice of the deficiency to the
Contractor, and the Contractor -shall have seven days to coiTect the deficiency.in the work. If the
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 q4rm9t be.reaso.nably 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 f
r6m .or nullify the
Contractor's pAyments the cost bf such effort as described in paragraph 8 of this agreement.
9. warrant of Construction. In addition to any special warranties provided elsewhere in the
Contract Document and'compamon or applicable documents, the Contractor" warrants that all
work conforms to the requirements of the Contract and is free of any defect in equ'iptftefit,
material, or design famished or workmanship performed by the Contractor.
Concealing all warranties, express or implied, for work performed ar materials fumished -according, to -the
Contract and companion or'applicable documents, the Contractor shall -6
a. obtain .611 warranties that would,be given in: standard cominercial-.practice.
-warranties to be executed, in wfithig, f6r the benefit afthe County;and
b. Require atl
RM 2402 Roofing Removal and Replacement — Page 3
r n w
Orant 84havlaral Health G WoUness
broad form
.property dainage; explosion, on, collapse, and underground (XCU) if
applicable; and employer's liability.
c. workers 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 respQnsi$ ity
, The
County shall be namedas an . --additional insured on the i -work performed b
nsuraace policy concemilig y or
on behalf of the Contractor, and a copy of the endorsement training the county as,afiadditional insured
shall be attached to the Certificate of Insurance, The Contractor's insurance shall be the pi" ar
I . run y
insurance concenu-ng the C qun% and the County shall be given thirty (3o) days. prior written notice of
any cancellation, suspension, or materia hange in coverage...
c
8. Poments Withheld. The. County may withhold or nullify the whole or part of any payineut to
such extent as xray b e necessary to protect the County y fionoss or d
atnage -for reasons including
but not Whited to;.
a. Work not w" the Contract.
I
b. Reasonable evidence that the work required by the Contract cannot be completed
for the unpaid balance of the contract stun.
c. Work by the County to 'Correct defective work or complete the work.
d. Failure by the Contractor to perforin work within this Contract.
e Cost or liability that may occur to the County due to the Contracto?s fault,
negligent ,acts, or 6tfti.ssions.
PROVIDED: In any case where part of all. of a payment is going to be witbh&ld for unsatisfactory
performance, the County shall 'notify the Contractor per RCW 39,36-.01 1(b),
Authority of County. Suppose the Contractor fails to perform the work according to the requirements of
AX
the Cont.mct Document. In that case, the County shall provide written. notice of the deficiency to the
Contractor, and the Contractor -shall have seven days to coiTect the deficiency.in the work. If the
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 q4rm9t be.reaso.nably 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 f
r6m .or nullify the
Contractor's pAyments the cost bf such effort as described in paragraph 8 of this agreement.
9. warrant of Construction. In addition to any special warranties provided elsewhere in the
Contract Document and'compamon or applicable documents, the Contractor" warrants that all
work conforms to the requirements of the Contract and is free of any defect in equ'iptftefit,
material, or design famished or workmanship performed by the Contractor.
Concealing all warranties, express or implied, for work performed ar materials fumished -according, to -the
Contract and companion or'applicable documents, the Contractor shall -6
a. obtain .611 warranties that would,be given in: standard cominercial-.practice.
-warranties to be executed, in wfithig, f6r the benefit afthe County;and
b. Require atl
RM 2402 Roofing Removal and Replacement — Page 3
renewOrmb Elehavlaral. Heafth Ei Wellness
o. Enforce all warranties for the benefit of the County, if directed by the County,
including any subcontractor's, manufacturer's, or s-applier's warranty that extends
.beyond -the pBrio ds e iUiedintheCo
Con rant.
d The obligations under this Section shall survi
ive completion.
10. Successors and Assign�s. The County and Contractor respectively bind themselves, their partners..,
Successors, assigns., and legal keptesentatives -to the other p4rty*hereto and to pmtiers,
successors; assigns, and le,ge(I representatives of such other party regarditig -covetatits,
agteetuents; and obligations contdin the CQntract. Neither party sh611 assign
the work
without the written consent of the other Ifeith or patty atter pts to assign without such consent,
that party shall xefnain legally responsible for all obligations outlined in the Cogtract.
ti. Charges in Work, The County may, at any tune and without notice to the Cojatraotorfs surety,
order additions, deletions, revisions or other chanaes in the work. These changes. the work
in
shall be incorporated into the Con -tract Document through the excoifflon of ishan gg e Orders.
Suppose any change -in the work ordered by the County causes
an increase or decrease in the
Contract *Sum or the petfoiftlaii0e 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 within t4;days.of there nest from
the County or within such other pen'od as mutually agreed. The contractor's Change Order
proposal shall
include total compensation for implenidtiting the.mg any adjug tttont
proposed change m' the word, includ
in the contract sum or time of performalace, a' td nctudin compensatioa for all delays in oonnecfibn with
i
g
such change in the work and for any expense * nco, dkiu -8chedtle, or loss of
effici ency or productivity o ccasiot' . or I taxon of
ed. by the change M` the work. tpon receipt of the Change 'fryer
propos.al or a req4ogt for equitable adjustment to the contract sum or time of performance, the Covaty
may accept or reject the proposal, request further documentation, or negotiate acceptable terms with the
Contractor.
Pending -agreement on the terms of the Change. Order, the County may direct the Contractor to pro cedd
ediately with the Change Order work. The contractor s . hall not proceed with any change M -t'
he work
-until it has obtained the. County's approval. All work done under any county -directed 6hange :in. the work
shall be executed per the Contract,
12, No AggEcy Relationship.Neither the Contract nor any agreement implied therefrom constitutes
the Contraotor.asan agent or legal -representative of ffie Co-4nty for any'
pur ose whatsoever an
p o d
the Contractor's relationship toaus
t1W County ounty bec.. e of the Contract Docunietit shall be that of an
independent contractor. The Contractor '- not granted any express or implied n"g`ht or authority to
is
assume or create any obligation or responsibility on behalf of or ,in. the name of the County .or to
bind the County in any mariner or thing whatsoever.
13. Clean U -D. The contractor shall always keep the project site, inclu- ding hauling routes,
infrastrudur68., utilities, and storage areas, free fr
om. accumulations of waste -inatein' 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 County. If the Contractor
RM 2402 Roofing Removal and Replacement -- Page 4
IM 4=P IC=_t7
rto:"?new
Gran4 Behavioral Heolth ra Wellness
falls to clean -up as provided herein, and, after reasonable notice fi-oin 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
MM9
theless be and remain ftill force and effect.
provisions shall nevei. m in
15. Entife AgLeenieftt. The' Contract embodies. the entire -agreement between the parties; all other
agreements, oral or written, are now merged and superseded by y the Contract. There are no other
agreements which modify or affect the terms hereof. No amendment hereto shall be bindin
.9
uffless 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. EnIaliation of Documents. The Contractor has thoroughly reviewed the Contract. The
Contractor has had the opport-unity to consult with legal counsel as to the legal effect of the,
Contract.
17. Noticos. All notices required under the tonns hereof are to be 'in writing and delivered personally
to the party to receive the game or mailed by regular inaii'l, 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 of the notice in the U.S. mail as required herein.
Headings, Construction. The Beadings 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 term or provision hereof. In construing the parties' intent regarding
In this contract, no more significant or stricter construction of-lany term. or provision hereof shall be
asserted against the county as drafter.
18. GoverninR Law, Venue. The pedorniance and interpretation of the Contract. Document shall be
governed and interpreted by the laws of the State of Washington. Any litigation an" s i*n'gg from or
in connection with this Contract shall be conducted in Grant County, Washington.
RM 2402 Roofing Removal and Replacement — Page 5
AWE
renew
Gron4l3ehovloral Health 6 UJqllfiess
CONTRACTOR:
Guardian Roofing & Exteriors
B-
y:
License No, DUAP DRES ICE
'OBI No. 604-509-103
Lconi
gin"
Dated th�of*, 2024,
S-1
AT 'ST:
TM I
B a r, J. Vas quezki f Board
FVO
Approved as to form:
By
Proseo-.ting Attorney
Date:
BOARD OF COUNTY
COMMSSIONE'. T1vk 'GRANT COUNTY,
A
"
S 0
T
v' MbC7 t eV. --r
, Ici y arf�j, d air
Da 'Sto --Q, Vice -Chair
Rom ones
Barbara G. Duerbeck, WSBA # 53946 Deputy