HomeMy WebLinkAboutAgreements/Contracts - BOCC (002)K22-019
CONTRACT'
THIS CON"FRACT ("Contract"), entered into by and between GRANT COUNTY, duly
organized and operating under and by virtue of the Constitution and the laws of the State of
Washington, ("County"), and Stan's Construction, duly fore-ied 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/SgQe-of Work. The Contractors shall. do all work and furnish all tools,
materials, equipment, and things of every description, necessary to complete the follow ing tasks
and scope of work as per the request for bids, -for the Grant Count ylFairgrounds Bam 44 and 45
stall gravel, leveling and compaction project. Work must be completed by March 4, 2022.
Contractor will be responsible to:
1. Excavate and fill 116 stalls in two barns as necessary
2. Install 5/8 minus gravel
3. Compact gravel to be even with concrete footings in each stall
Contractor shall leave the project site in a clean condition with all debris recovered and. ret noved,
The term "work," shall mean all work individually and/or collectively performed by the
Contractor during the project.
2, Project Site, The work shall be accomplished upon the real property commonly known as
and situatcd on or about 3953 Airway Dr. NE (CountyFaircTm-unds) Moses Lake, Washington,
or as may be more specifically directed at the sole discretion of the County.
3. at of Commencement, Date of Completion and Bond. The Contractor shall commence.
the work described herein upon receiving notice to proceed fi-om the County. Substantial
completion of the work shall OCCUr at such other time as may be mutually agreed upon by the
parties.. In any event, Contractor shall not commence construction until notice to proceed has been
provided by the County. The. Contractor shall obtain all, necessary pen-nits/bonds, prior to the
commencement of any work.
4. Contract Sum and Terms. The agreed Contract suni, except for provisions set forth below
in Paragraph 14, and with payment of such Contract Surn subject top rovisions 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:
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Subtotal $73,000
Washington State Sales 'Tax), 8.4%
$5,986
Total
$7,8)1986
Retai.nage,(5% of Subtotal)
$ 3,949-30
The Contract sum shall be seventhy three thousand plus all applicable taxes (sales tax at
8.2% percent orfive tbousand, nine hundred and eighty six.) Any additional costs resulting from
jurisdictional requirements maintained by an additional authority; permit costs as needed; and, all
materials and/or labor to complete the scope of work described herein are the responsibility of the
Contractor.
Retainage is 5% of the total bid,
Contractor shall submit a monthly billing statement and/or invoice to the County. Such billing
state'nient and/or invoice shall set out the nature of work performed, 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.
5. Performance aad...Fgyment B.ondsl Not required for this Pro joot,
C. Retaina&,e: Not required -for this project.,
7. Indemnity and Hold Harmless. The Contractor shall defend, indemnl'fy and hold the
County, its offioers, officials, einployees and.volunteers harmless from any and all claims, injiu ries,
damages, losses or suits, including attomey i-ees,, 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 Inde inni fication provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCWI
,solely
for the purposes of indemnification. This waiver has been mutually negotiated by the parties.
The provisions of tbis 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 a,gainst claims fog injiirics 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 Lia insurance with limits no less than $ 1,000,000 combined
single limit per accident for bodily injury and property darnage; and
b. Con-.mercial General Liability insurance written on an occuiTence basis with limits
no less than $'1,000.,000 combined single limit per ocewrence, and $1,000,000
4
aggregate for personal iqj ury, b odl ly i n uty and. property darnage. Coverage shall
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ineltide but not be limited to: blanket contractual; pro ducts/competed operations;
broad fora-) pro-perty damage; explosion, colla.p.se and Underground (XCU) if
applicable; and. employer's liability,
C. Worker's Compensation insurance at the, line is established by the State of
Was hington.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Cointractor, The County shall be named as an additional insured on the insurance policy, as
respects work perfamied by or on behalf of the Contractor and a. copy of the endorsernent
naming the county as additional insured shall be attached. to the Certificate of lnsurance. 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, su.speis' al change
I ion, or mate * n
in coverage,
9. Payments Withheld. The, County may withhold or, on account of subsequently
discovered evidence, nullify the whole or part of any payment to such extent as may be,
necessary to protect County ftom loss or damage for reasons including but not lit'nited to:
a Work, not in accordance with the Contract;
b. Reasonable evidence that the or required by the Contract cannot be completed
for the unpaidbalance of the contract sum;
c. Work by the Countyto correct defective work or complete thework;
d Failure by the Contractor to perform in accordance with the Contracct; or
e. Cost or liability that may occur to the County as the result of Contractor's
fault or negligent acts, or ornissions..
PROVIDED: In any case where part or all of a payment is goi . ng to be witliheld for
unsatisfactory performance, the County shall notify Contractor in acccrt-dance with RCW
3 9.7 6.011(b).,
10. Authority of Coqnty. If the Contractor fails to perfonn the work according to
requirements of the Contract Document
, ; the. County shall provide written notice of the deficiency
to the Contractor and Contractor shall have seven days to correct the deficiency in the -work, Tf the -
Contractor fails to con ect 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 petiod, the County inay, 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 the Contractor's paynients the cost cif such effort.
Warranty of Construction. To. addition to any special warranties provided elsewhere in
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the Contract Docu
.. nient and/or companioti or applicable documents, the Contractor wa.jTants that
all. work conforms to the requirements of the. Contract and is free of any defect in equipment,
material, or design furiiished, or worki-natiship performed by Contractor.
With respect to all warranties, express or implied, for work perfori-ned or materials famished
according to the Contract, and/or companion or applicable doe-uniews, the Contractor shall:
a, Obtain all warrcanties that. would be give',n iii- normal commercial practice;
in writin.& for the benefit of the County- and
b. Require all warranties to be executed.,
e. 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.
12. .Successors and.Ass - The COU11ty and Contractor respectively bind themselves, their
partners, successors assigns, and leRal r�presentadves to r
71 1� I the other party he eto and to pailners,
successors, assigns and legal representatives - of s-ach other party in respect to covenants,
agreements, and obfigat'
i lons contained in the Contract. Neither 'pantry shall assign the work
without written. consent tot the other, Ifeither party attemptsto -make such an assignmient without
such consent, that party shall nevertbeless -remain legally res-ponsible for all obligations set Borth
in the Contraot.
13. Changes in Work, The County may, at any time and w1fliout nottee to Contractor's
surety, order additions, deletions, revisions, or other changes in the work. These changes in the
work shall beincoq)orated into the Contract Document through the execution of Chang. e Orders.
If any change in the work orderedby County cawses an increase or decrease in. the Contract Sum.
or the time of perform.ance, an equitable adjustment shall be made, and such adjustments(s) shall
be incoiTorated into a Change Order.
If the County desires to order a change in the work, it may request a written Change 0rder
proposal from Contractor. Contractor sba,11 submit a Change Order proposal within 14 days of
tbe request from the Cminty, or within such other period as mutually agreed. Contractor's
Change Order proposal shall include full compensation for implementingthe proposed change
in the work, i.ncluding any adjustment in the contract sum or time of perfomiance, 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
adjustmentinthe contract sum or time. of per fonnance, or both, the County -may acre pt or reject
the proposal, request further documentation, or negotiate acceptable terns with Contractor.
Pending agreernent on the ternis of thCh
Q ange 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 A has obtained the County's approval, A-11 work done purstiant to any Cotinty-
directed change in the work shall be executed in accordance with the Contract.
Dirt Excavation and Move -- Page 4
14, Q'_ ALi-en. cy Relation shi . Neitber the Cmi,tract-inplied tberefrom,
nor any agreement i
constitutes the Contraactor as an agent or legal representative of the. County for any purpose
whatsoever, and the relationship of the Contractot ', to the County by reason of the Contract
Document shall be that of an independent contractor. The Contractor is not granted any express or
implied tight or authority to assunie or create any obligation or.res po n sib Hity on behalf of or in
the nay e. of the County or to bind the County in any manner or thing whatsoever.
15., Clean �p U . Contractor shall at all times, keep the project site, .'including hauling routes,
infrastrLictures, utilities, and storage areas, free from accumulations of waste. materials, Before
completing the woak, Contractor shall remove from the premises its rubbish, tools, scaffolding,
equipment, and materials,, Upon completing the Work., Contractor shall leave the project site in
a clean, neat, and orderly condition satisfactory to -the County, If Contractor fails to clean Lip, as
provided h ,ren, and after reasonable notice -frm othe County, the Couaty may do so and the
i
cost thereof shall, be charged to Contractor.
16. 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 r1climin in full force and
effect.
17. 'Entire Agreement. The Contract embodies the entire agreement between the parties, all,
other agreernents, oral, or written, are hereby merged into and superseded by the Contract, There
are no other agreements which modify or affect the tennis hereof. leo amendment hereto shall
be binding unless the terms thereof are in wfiting signed byboth parties. Time is of the essence.
No verbal or other agreements modify or affect the Contract,
18, 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 of the
Contract.
19. Notices. All notices which may be required pursuant to the ternis 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.
intails as required herein.
20, Headings, Construction. The beadings of the, sections and paragraphs are inserted solely
for the convenience of the parties and are not a part of and are not intended to govern, limit or aid
in
'the construction of any term or provision hereof. In construing the panties' 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.
21. Disputes, Attorneys' Fees. In any controversy, claim or dispute arising out of, or relating
to, this contract or the method and manner of .perforniance thereof or the brecach thereof, the
Dirt Enavation and Move — Page 5
prevailing p-afty shall be entitled to be awarded its reasonable attorney's f6es in addition to such
other damages as are appropriate. If neither party wholly prevails, the party that substantially
prevails, shall be awarded its reasonable attorneys' fees as litigation. expenses. For the pull)oses
of thi's provision, the terms "proceeding" and "litigation" shall include arbitration, administrative
bankruptcy, and judicial proceedings, including appeals therefrom, For purposes of this contract,
the actual attorneys'fees incurred shall be deemed "reasonable"'.
22, Govemin� Law, Venue. The performance and interpretation of the Contract Document
shall be governed and interpi
reted n accordance with. the laws of the State of Washington, Any
litigation arising out of or in comiection. with this Contract shall be co ducted. "in Grant County,
Washington.
A
Dated the of 2022,
. . ....... ... . ..
CONTRACTOR-.
6
Stan's Construction
5920 North Frontage Road, Moses Lake WA
509-760, 3
B,
I y
Da. 9f6'oQmucozov
Lic-enseNo. STANSCS$41DA
UBI No. 603-566-918
Datedthe UOntz 2022.
0 f
T-
B a. -VI ar-Ij J. Vasquez
CIL-701f the Board
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BOARD OF COUNTY COMMISSIONERS
Approved as to form:
By
Kevin Mctrae
��osccuting Attorney
Date; (
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