HomeMy WebLinkAboutAgreements/Contracts - FairgroundsIMF I W-.fi. 9 W it
Tuesday, 2/4/2022
To: Board of County Commissioners
EM 1K -41L917.4,. 'I
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VOISIN
G:1
raw Cou'rity Fairgivillids
,3953 Airway Dr IN
C,
IMD-Scsf,ake WM988,37-1029
009) 703-3581 Fax- (509) 766-7940
WWW10C dsxom
Re: Consent to purchase enter into contract for the purchase of 16 -stall shed row.
Per the 2022 Capital budget, you approved the Installation of a new 16 -stall shed row structure
for a capital budget amount of $135,000 under budget number 132.178-00-9116-5947S6210.
One qualified bid was received from ,Stares Construction for $107,771.53 including tax.
Please approvetie Purchase of, sere icesfrom Stan** s Construction.in the amount of
$$107'a
,o 771,53 as well as the controct between the Fairgrounds and Stan's Construction for the
project.
u for your consideration
rely,
Jim McKiernan, iDirector
0
CONTRACT
' THIS CONTRACT (",Contract"'), entered Into by and between GRANT COUNTY, duly
organized a.nd operating under aril by vlilue of the Constitution and the laws of the, State of
Washington, ("CO-Unty"), and Stan's ConStrUction, duly fore-ied and doing business in the State
of Washington ("Contractor").
In consideration of the mutual promises covellants contained herein, the parties
hereto agree, as follows:
L Work of Contract/S coin e of}'`ork, The Contractors shall do all or andfumish all tools,
mate ials, equipnion
and things of everdescrIVtion, necessary to complete the following tasks
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and scope of work. as per the request for bids, for the Grant County Fairgrounds Barn 48 New
16 -stall shed row) project. Work nuiv be coinpleted by July 15, 2022.
Contractor will be responsible to-,
1 Purchase of 16 -s -tall shed row bui[ding including delivery or fabrication of said building
per specs outlined in bid,
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2. In tall 16 -stall shed row building similar to barn 48 installation done in 2021.
Contractor shall. leave the project site in a cleall condition with all. debris re. covered and removed.
The terin "'work" shall mean a.11 work individually and/or collectively perfornied by the
Contractor during the project.
2, ProjectSi'te, The work shall be accomplished upon the real property commonly known as
and situated -on or about 3953 Airway Dr. NE (County Fairgrounds) Moses .Lake, Washington,
or as may be more specifi cally directed at the sole discretion. of the County.
3. Date ofCornmenoemeLitkcilq2f, ornletion. and Bond, The Conti -actor i. -i
shall coence
2_
the work described herein, upon receiving notice to proceed from 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 conu-nence constaict1."otluatil ji.iotice to proceed has been.
ProTided by the Colunty. The Contractor shall obtain all necessary permits/bonds prior to the
commencement of any work.
4. Contract Sum and Terms. The agreed Contract sung., except for provisions set forth below
in Paragraph 14, and with payment of such Contract Suin 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 Surn to be paid to Contractor, is as follows:
Dirt Exeavation and Move -1 Page 1
Subtotal
$99M4
Washington State Sales Tax (c� 8.4% $ SJ 67.53
Total $107,771-53
Retainage (5% of Subtotal.) $ _5,3 88.58
The Contract suin:shall be niney-nine thousand, six hundred and -four plus all applicable taxes
(sales tax at 8.2% percent or eight thousand, pile hundred and sixty seven dollars and 53 cents.)
Any additional costs nasLilting from jurisdictional requirements maintained by an additional
authority; pen -nit costs as needed; and, all materials arid./or labor to COMPIcte t1le 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 billiag
statement and/or invoice shall set out the liature. 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 Cotinty. The COUnty Will pay Stich statement and/or invoice within thirty
(3 0) days of receipt,
5. Performance and Payment Bonds: In lieti of perfon-nance bond 5% retainage,
6. Reta',n
1 a
1: Five percent for this project.
7. Indemnitv and 'Hold Harmless. The Contractor shall. defend, indemnify and hold the
County, its off
jeers, jeers, Offilei'als employees and volunteers h,,1,1-11
.Y, ,less fro -m any and all claims injulles,
daniages, losses or suits, including attorney fees, -arising out of or in connection with, the
perforrnance of the contract, except for injuries and damages caused by the sole negligence of
the County.
It is ftulber specifically and expressly understood that the indemnification Provided herein
constitutes the Contractor'swa.i.ver of imtnunity under, Industrial Insurance, title 51 RCW" solely
for the PUI-Poses of indemnification, This waiver has becn mutually negotiated by the ,art es.
The provisions of this section shall survive the expiration of ten-nination of this contract.
Insurance. The Contractor shall, procure and maintain for the duration of this contract
insurance against claims for 1'njurles to persons or damage to property which inay arise from. or
in connection with the performance of the work hetewider by the Contractor, its agents,
representatives, employees or sUbcontractors. The Contractor shall provide a Certification of
Insurance evidencing."
a Automobiliabi ilisurance with limits no less than $ 1,000,000 combined
single limit per accident for bodily injury and propeftydamage; and
b. Commercial General Liability- insurance written on an occurrence basis with limitsno less than $ 1,000,000 Combined single limit per occutTence and $1 MOMOO
aggregate for personal i 'LITY, bodily injury and property damage. Coverage shall.
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Dirt Excavation and Move — Page 2
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ino. vide but not be limited to: blanket contra-etual; products/conipeted operations;
broad. form propefty darnage; explosion, collapse and underground (XCU) if
appljoable,5 and employer's liability,
Worker's Compensation. insurance at the Ifinits established by the State of
Washington.
Any payment of deductible or self-insured retention shall be the sole res poii
...sibility of the
Contractor, The County shall be named as an addi.tiona]. insured on the insurance policy, 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 nsurance with respect thQ County and the Count shall
be given thirty (30) days pn" or written notice of an 4
in coverage. y cancellation, suspension or material change
9. Payments Withheld. The County may withhold or, on account of subscquQntly
discovered evidence, nullify the �Nrho),Q- or part of at payment to such extent asin-ay be
necessary to protect County from loss or damage for reasons including but not limited to,
a Work not in accordance with the Contract;
b, Reasonable evidence that the work required by the Contract c-annot be completed
for thch unpaid balance of the contract sum;
c, Work by the County to correct defective work o,r complete thework"
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d, Failure by the Contractor to perfom-t -in accordance with the Contract; or
e. Cost or liability that may occur to the County as the result of Contractor's
fault or negligent acts or omissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
'unsatisfactoi-y- perforn-lance, the County sba].l notify Conti -actor in accordance with RCW
3 9.76.0 J.1. (b).
10. Au,thor1'jY.._Of Coun y. If the Contractor fails to perforin the work according to
requirements of the Contract Document, the COL.111ty shall Provide wiitteii notice of the deficiency
to the Contractor and Contractor shal 1 haveseven days to correct the deficiency in the work. If the
Contractor falls to correct t'he 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 ineans to make good the Contraotor's
deficiency and (b) deduct from the Contractor's payments the cost of such effort.
11. Warranty of Construction, In addition to any special. warranties provided elsewhere in
Dia Excavation and Move -- Page')
the Contract Docum(-',,nt and/or companion or applicablc documents, the Contractor warrantsthat
all work conforms, to the requirements of the Contract and is free of any defect in equipment,
material, or design fumishcd, or workmansli-il) performed by Contractor-.
With respect to all warranties, express or implied, for work perfori-ned or. -materials furnished
according to the Contract, and/or companion or applicable docurnents, the Contractor shall:
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a Obtain all warranties that would b(.,,, given in no-rn-ial commercial practice;
b. Require all warranties to be executed, in writing, for the benefit of the County; and
e. Enforce all war-ranties for the benefit of the County, if directed by the County,
including any subcontractor's, rn. anufcturers, or supplier's warranty that extends beyond
the period specified in the Contract,
d The obli ons under this Section sliall survive completion.
igatin
Successors andAss -1 C e
The County and Contractor respectively bind then s - Iv s, their
partners, successors, assign. s, and legal representatives to the other party hereto and to partners,
successors, assigns and legal representatives of such other party in. respect to covenants,
agreements, and obligations contained in the Contract.. Neither party shall assign the work
without written consent of the other, If either party attempts to make such an assignment without
such consent, that party shall neveilheless remain legally responsible for all -obligations set forth
in. the Contract.
13. Changes in Work, The County may, at any time and without notice to Colitractor"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 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, Contractor. Contractor shall subi-nit a Claarige Order proposal -oposal within 14 days of
the request from the County-, or within such other period. as niutually agreed. Contractor's
Change Order proposal shall include full compensation for implementing the proposed change
in the work, including any adjustment in the contractsuni, or time of performance and includit o
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compensation for all delays in connection with such change in the work and for anyexpense 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
ad a ustment in the contract sum or fitue of per forniance, or both, the, County may accept or re' ect
the proposal, request further documentation, or negotiate acceptable tennis with Contractor.
Pending agreement on the terrns 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 work shall be executed in accordance with the Contract.
Dirt .Exczavation and Move Papp 4
14.No.. Ag�-ncy Relations) Neither the Contract, nor any agreement implied therefrowt,
constitutes the Contractor as an agent or legal representative of the County for any Purpose
whatsoever, and the relationship of the Contr-'actor to the County by reason of theContr(-
act
Document shall be that of an independent contractor. The Contractor is not grfanted any express or
implied right or authority to assume or create any obligation or rospoiasibility on behalf of or in
the name of the County or to bind the County in any manner or thing whatsoever.
Ocean Up, Contractor shall at all tirnes, keep the project site, i'llcluding hatiling routes
infrastructures, -utilities, and storage areas, free from accUEOL]lations of waste materials. Before,
completing -the work, Contractor shall rernove, t' n s
, rol the premises its rubbi h, too -Is, scaffolding,
eqWpm-e.nt., and materials. Upon completing the Work Contractor shall leave- the pro 1 'ect site in
a clean, neat, and orderly condition satisfactory to the County. IfContractor fails to clean up as
provi'ded herein, and after reasonable C
notice frorn the ounty, the o-unty may do so and the
cost -thereof shall be charged to Contractor.
16. Sul -viva], In the e-vcnt 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
ieffect,
1.7. Entire Agrepment. The Contract embodies the Entire agreement, between the parties, all
other agreen'ients, oral or written, are hereby merged into and superseded by the Contract. There
are no other agreements which modify or affect the to ens hereof. No amendinent hereto shall
be,binding unless the terms thereof are in wr4ing signed by both partios. Time is of theessence.
No verbal or other agreements modify or affect the Contract.
18, Explanation of Documents. The Contract been fally 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 terins 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.
inai Is as required herein.
20. He--adhuys, 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 to govem, linift or aid
in the construction of atiy-tet-iiiorprovisiorihereo-f. In constriiing the parties' intent with regard to
this contract, no greater or stri
icter construction of any term or provision hereof shall be asserted
against the County as drafter.
21. Disputesttozneys'Fees. In any controversy, claim or dispute arising out of, or relating
to, this contract or the method and manner of performance thereof or the breach thereof, the
Dirt Excavation and Move — Pag 5
prevailing party may be entitled to be awarded its reasonable attorney's fees in addition to such
other damages as are appropriate. If neither party wholly prevails, tile party that substantially
p
revails, may be awarded its reasonable attorneys' Bees as litigation expenses. For the purposes
of this provision, the ter nas "proceeding" and "litigation" shall incl ude arbitration, administrative,
bankruptcy, and judicial proceedings, including appeals therefi-ona.
22. Governing Law, Venue, The perforiiiance and interprctation of the Contract Docum.eiit
shall be governed and inteil3retedin accordance with the laws of the State of Washington, Any
litigation arising out oforiia n n
conn ectiowith this Conn
tract shall coductcd in Grant County,
Was
4:� ton.
Dated the of 2022.
CONTRACTOR:
Stan's Construction
5920 North Frontage Road, Moses Lake W.A
509-76Q
By ,%_
Davi&f onno-z"ov
License No. STANSCS841DA
TBI No. 603-566-918
Dated the _15* --of )2022.
'Al
TESTY'
?"Barbara J. Vasquez'
L
C16rk of the Boai/d
Dirt Excavation and Move — Rfie
BOARD OF COUNTY COMMISSIONERS
G -.RANT COUNTY5 WASHINGTON
Approved as. to form:
B
Kevin Me rae
Deputy-Prosecutflig Attorney
Date:
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