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HomeMy WebLinkAboutAgreements/Contracts - Renew (003)GRANT 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: LIC1Ze Greenwalt CONTACT PERSON ATTENDING ROUNDTABLE:Dell Anderson CONFIDENTIAL INFORMATION: ❑YES 8 NO DATE: 09. 1 7.25 PHONE: X5470 RAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase El 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 El Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB VI s Iffl w Agreement between Grant County dba Renew and Guardian Roofing & Exteriors, LLC for project Grant County RM-2508 Moses Lake Roof Replacement. The total cost: $243,148.50 and is over the budgeted amount for this 2025 capital project. The additional funds will be pulled from the Moses Lake Remodel line item. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO 0 N/A If necessary, was this document reviewed by legal? * YES ❑ NO a CoAt�i DATE OF ACTION: ' 0�3'�.5�— DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D2: D3: 4/23/24 WITHDRAWN: ❑ N/A RECEIVED SEP 17 2025 GRANT COUNTY COMMISSIONERS 000 renew Grant Behavioral Health & Wellness CONTRACT 840 E. Plum Street Moses Phone: 89 78-989 Fax: (509) 8 -1 8 THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY dba Renew, duly organized and operating: under and by the Constitution and the laws of the State of Washington ("County"), and Guardian Roofing & Exteriors, UBI No. 604509303, 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 RM-2508 Moses Lake Roof 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: aj Responsible for lifting air handlers above curbs to install membrane. b) Prepare the roof by removing and disposing of roof surface debris. c) Furnish and install a layer of 1" polyisocyanu rate insulation, (R-Value = 5.6). This layer of insulation will be loose laid onto the prepared substrate. d) Furnish and install a second layer of 1/2" Polyisocyanurate insulation, (R-Value = 2.8). This layer of insulation will be fastened to the deck through previously all installed layers in combination with 3" TPO Plates to induction weld the TPO field membrane. e) Furnish and install 60 mil reinforced, TPO roof membrane. Position the TPO membrane over the prepared substrate and allow the membrane sufficient time to "relax" prior to installation. f) Install the new TPO membrane over the prepared surface. Secure the membrane in place by welding it to the plates utilizing induction methodology. This will create a roof assembly whereby no penetrations shall be made to the membrane. g) The thermoplastic membrane seams are to be overlapped at a minimum of 5", then hot air welded together. Weld width shall be a minimum of 1.5" in width for automatic machine welding. Weld width shall be 2" in width for hand welding. Upon completion of welding, each seam shall be probed to ensure proper securement. h) Furnish and install thermoplastic (lashings to the roof projections. Upon completion of welding, each seam shall be probed to ensure proper securement. i) Furnish and install at the base of the unit round plates to be mechanically attached to the deck and the around the perimeter of the projection. The membrane will then be attached to the plates via the induction welding process. Install prefabricated universal corners for reinforcement. j) Furnish and install a 30" wide TPO protective mat at rooftop access points. k) Furnish and install new prefabricated thermoplastic pipe boot secured at the top with astainless-steel screw type clamp adhered to the field sheet. 1) Furnish and install a 60 mil, non -reinforced thermoplastic flashing, where applicable. m) Supply all permits, hardware, supplies, and materials for the project. n) Be responsible for transportation, and disposal of all project related materials, and equipment. of 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. I p) Materials, equipment and means to capture materials loosened and dislodged during the project. q) Removal and disposal of all waste generated by the project. Associated waste disposal costs are the responsibility of the contractor. r) Clean up of all areas affected by work related to job. s) Coordinate with project manager regarding when and the time needed to complete demolition and construction to allow safe access for customers and employees. t) Containers to properly store and haul all job -related materials, solid and liquid, for disposal. u) Supply a written safety plan which will include fall protection measures, lift plans, and keep building access doorways safe. 2) MSDS are to be provided and available by the contractor upon demand and on site for any chemicals brought on site. 3) Project Site. The work shall be accomplished upon the real property commonly known as the Renew building situated on or about 840 E Plum St, Moses Lake, Washington, or as may be more specifically directed at the sole discretion of the County. 4) 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 December 31, 2025, 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. 5) 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: Subtotal $224,100.00 Washington State Sales Tax @ 8.5% $19,048.50 Total $243.,148.50 Retainage (5% of Subtotal) $11,205.00 a) Retain Retainage is required for this project as it is over $35,000. 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 39.12.040. 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 (30j days of receipt. 6) Performance and Payment Bonds: Not required for this project. 7) 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. The parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration of termination of this contract. 8) 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: a) Automobile 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 lim,it 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; explos'ion, 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. 9) Payments Withheld. The Countymay 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 Contractors 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). 10) 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 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 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 (bj deduct from or nullify the Contractor's payments the cost of such effort as described in paragraph 8 of this agreement. 11) 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. 12) 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. 13) 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 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 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. 14) 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. 15) 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. 16) 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. 17) 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. 18) 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. 19) 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. i 20) 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. 21) 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. Contractor Guardian Roofing &ExteHors Dated the— of 12025. Grant County RobJone�--~ I Grant County Board ofCounty Commissioners Chair Dated the o f SX 2025.