HomeMy WebLinkAboutAgreements/Contracts - BOCC (004)COMPLETED K21-05coo!
CONTRACT
THIS CONTRACT ("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 and Son, corporation 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 Contractors shall do all work and furnish all tools,
materials, equipment, and things of every description, necessary to complete the following tasks
and scope of work as per the request for bids, for the Grant County Fairgrounds Cattle Chute
Project.
Contractor will be responsible to:
1. Acquiring materials for cattle chute
2. Prepping the site for installation, locates, etc
3. Construct and install cattle chute per bid drawings
Contractor shall leave the project site in a clean condition with all debris recovered and removed.
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 situated on or about 3953 Airway Dr. NE (County Fairgrounds) Moses Lake, Washington,
or as maybe more specifically directed at the sole discretion of the County.
3. Date of Commencement, Date of Completion and Bond. The Contractor shall commence
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 commence construction until notice to proceed has been
provided by the County. The Contractor shall obtain all necessary permits/bonds prior to the
commencement of any work.
4. 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 $9,873.00
Cattle Chute installation — Page 1
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Washington State Sales Tax ((,,o' 802% $805.59
Total $10 68,59
Retaine (5% of Subtotal) Ishot required
The Contract sum shall be Nine thousand, eight hundred and seventy three plus all applicable
taxes (sales tax at 8.2% percent or eight hundred and. -nine dollars and 59.cents.) Any additional
au 0
s dict'lonair'eqiiir*eln''eiitsma*lntainedby.-an.additio.hdl.- th'rity-,pentco, ts tesuAting'frornjulis costs
as needed- and, all materials and/or labor to Q,o'i',n*plote, the sciopb of work des-cn`bd herein Ate the
,
resp,Qns,ibilitv of the Contractor.
Reta'fthage. is not required.
quire
Contractor shall submit a 1-nonthly billing statemeet and/or 1 1# nvoic e to the County. Such billing
statement aft,d/orinvoice. shall set out 7the nature. of work.:verfoiiiied as well as the time and
mated-als involved in such work or percentage of work C9.1upleted as mutuallv.agreed upon by
the - ContraQW r and the County. The County w111 pay swell statem. a . and/or
Q, t within invoice ithin t
0'. 0) days of receipt.
5. Perfonnance and PayLngnt Bonds: Not required for this project.
6. Retainaae: Not required for this p�'oJoct.
7. 1hderanity_.and Hold Harmles-s. Theontractor shalLdefendind.emni'f and hold the
e -'s I ft d all claims ii I ijvries,
County, its omicers, 0. c - and.Vbl:un ha less from y an
employees
losses or uits, ftg OU' r in connection. With the
& S lud* attoriiey fees, arts -i .of o
Mg t
L. P erfotincrtnoo of the contract, c
e ept fo r 1' n by�' neglionce 0-gXjunsana aamages caused ..the sole
the County,
It is further specifically and e.pressly- understood that the indemnification pro.V
ided herein
constitutes the Contractor's waiver of immunitY utider.Industrl*alln..suranc-e,i*l"tle5lRCW,.$61eiv
for the- puiVose's -of indemnifi cation. Thi . s waiver has been mutually negotiated by the paiiies.
The provisions of this section. shall Survive the expiration of termination of this' contract.
8. Insurance.. The Contractor shall procure and maintain for the duration of this contract
insurance against claims for. i juries to personsor damage to property whic nA.W q-.11 may arise from or
in connection with the performance- of the work hereunder by the Contractor, its agents
representatives, employees or siib contractors. The Contractor shall provide a Certification of
Insurance evidencing:
a Automobile Liability insurance with limits no less than ,$ 1,000,000 combined
"
single limit per accident for bodily injury and propertydamage; 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 $1,000,000
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 (XCU) if
Cattle ChUte installation — Page 2
applicable; anideimplover's liability.
Worker's Co sation insurance at the limits established by the Mate 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 inpol' urance
s icy, 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 Ins* urance. The
Contractor's insurance shall be primary insurance with respect the County and the County shall
be given thirty (3 0) days prior written notice of any cancellation, suspension or material change
in coverage.
9. Pqyments Withhold. The County may wiffil-iold or, on account -f sub tly
0 sequen
discov*drOd evidence nullify the whole or part of M * lit to I such ext J t a be
any pay e en s may
necessary to protect County fro M loss or damage for re.son iti6luding but not hillited to
a. Work not in accordance with 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 P'erform in accordance with the Contractor
e. Cost or If bllity that may occur" to the County as the result of Cntraotor's
0
fault or 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 RCW
3 9.76 0 0 t 1 (b),
10. 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 defi i
ciency
to the Contractor and Contractor shall have seven da s to correct the deficiency in the work. If the
Y correct - ' .. . ..e
Contractor fails to correct the deficiency in the work within the seven day eriod
p -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 (b) deduct from the Contractor's --Payments the cost. of such effort.
Warranty of Construction. In addition to any special warranties provided 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 fi-ee of any defect in equipment,
Cattle Chute installation — Page 3
M -iterial or design famished, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed or materials ftimished
according to the Contract, and/or companion or ap-plicable documents, the Contractor shall:
a Obtain all warranties that would be given in non -nal commercial practice;
b. Require all warranties to be exec-Pted, in writing, for the. benefit of the County. and
c. EiIforco all WartAntio8'Bot the- benofit bf the County, if directed by the 'CouatY7
includliam0maiiafa6tilre,rs* r 8uppi'ter s.wartatity that �Oxtends beyond
g, any s-abcontr acc:.O.f
the pet o speol, ted I ft the otltrdo-t.
d The obligations -under this, Section shall survive completion.
t .
12. sumy and Asci Yns. The COU' ty and C
on ract bind theta selves their
or reSDeCtively i
s, O-nd per
partners, successors, assigns,, and leg r sbntativ'to the th pa heibtb ato 4itni
o's
t : s 0' - 9. Ors'. ass Wes lw�s Q., I. Oct
ic QS i gn8 dn,d I& �fl r" �Atat.. f suQh other' -pai y n re to covenants..,
ons - stained PA
and o gati C'O n in the Contract. Neither rtv shall assign the work
agree $
meiit - a bli
ti,10 "thout
without 'w*rittenconsen*tofth*eo:tlior..If.-'*thetp v -attempts �to ake such an .assign ment wi
art
0
-e m, a 1 n -nsible for all obl�gat"ons set forth
such 0 0 ns'- eilt, t1i at party shall nev'efthelegs r* Ie resp -
-Y
in the Contract.
13. Changes in Work.. The County may, at any time and without notice to Contractor's
surety, order additions, deletiong,, r ovisions. or other -changes in the work. .these changes in the
work shall be incorporated into .the Contract Document -through the eXecution of Change Orders.
Ifany-change in the work ordered by County causes an increase or decrease in the Contract- um
or the tine of perfonnance� an equitable- adjustment shall be inade: and such ad A ustments(s) shall
be incorporated into a Change Order.
if the County 6sires to order- a chdn 'e hi tho work., it hiay request a wilitte'n Change Order
go 1.1
ra s.. mit a. �h�hgre order'"thin 14.da,y'8 of
pro, osal fro M* Cont' ctor. Cofttractor shall -ub proposal wi
p
the request frorn the County, or within Su6h other period as mutually agreed. Contractor's
Change Order proposal shall include full compensation for implementing the proposed change
inding n th -ontr4ot sior ti- e ofperfo an e, and'o n Jude ovnt. nin th W irk clua m in e C... Ifn rtn c 1. c ing
""ange in"the iti
ponsation. for all -dtaysonncctionvtisui. any eesr
Comwork dfor
e i . srup-tion of sohodtl-o or losg of officnconvenieno diency or pro-duc ivity occasioned by the
the C ate 1-1 n the Wbfk Upon o
eipt h §t fog Ul
chan too f Order proposal or a reque. eq, 'table
change
adja stmei-it in the contract sum or time ofperforxnan.ce, or both
the County may accept or reject
tthe proposal, requst ffirdlmr docuen ation, or negotiate
acceptable- terms with Contractor.
Pending 'agreement n the ten -ns of the Ch.ange Order, the Count,may direct Contractor to
proceed immediately with the Change -Order work. Contractor shaIl 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.
14. No,Agenc y Relatio Neither the Contract, nor any agreement implied thereftom,
Cattle Chute installation — Page 4
C�
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 of the e 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 thingwhatso ever.
15. Clean Up. Contractor shall at all times, keep the project site, including hauling routes_,
infrastructures, utilities, and storage areas, free from accumulations 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 the project 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.
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 remain in full force and
effect.
17, Entire Agl.•eement. The Contract embodies the entire agreement between theParties, all
other agreements, oral or written, are hereby p-ier, ed 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.
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 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.
mails as required herein.
20. 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 to govern, limit or aid
in the construction of any tern or provision hereof. In construing the parties' intent with regard to
V
this contract, no greater or stricter construction of any term or provision hereof shall be asserted
against the County as drafter.
21. Disputes, Atto '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
prevailing party shall be entitled to be awarded its reasonable attorney's fees in addition to such
other damages as are appropriate. If neither party wholly -prevails, the party that substantially
Cattle Chute installation — Page 5
C)
prevails, shall be awarded its reasonable attorneys, fees as litigation expenses. For the purposes
of this provision, the terms "proceeding" and "litigation" shall include arbitration, adillinistrative
bankruptcy, and judicial proceedings, including appeals therefrol-n. For purposes of this contract,
the actual attorneys' fees incurred shall be deemed "reasonable".
22. Governing Law, Venue. The performance and interpretation of the Contract Document
shall be governed and interpreted in accordance with the laws of the State of Washington. Any
litigation arising out of or in connection with this Contract shall be conducted in Grant County,
Washington.
t
Date d the '� Of /A -1-2 IL I 1---- 2021.
CONTRACTOR:
Stan's Construction and Son LLC
5920 North Frontage Road E
Mose ke WA, 98837.
Bya..,-
Da")Aomasov, Manager
LicenseNo. STANSCS84J.DA
UBI No. 603-566-918
Dated the 2, of 2021.
BOARD OF COUNTY COMMISSIONERS
Approved as to foma:
Cagle Chute installation — Page 6
m
Kevin McCrae
Deputy Prosecuting Attomey
Date:
Cattle Chute installation — Page 7
Janice Flynn
From:
Sent:
To:
Subject:
Attachments:
This contract is approved.
Kevin McCrae
Kevin J. McCrae
Wednesday, April 21, 2021 2:35 PM
James C. Mckiernan; Janice Flynn
FW: Scanned image from Sharp MX -4111 N GCFG
BOCC-Sharp@co.grant.wa.us_20210411_205653.pdf
(please note my new e-mail address)
Chief Deputy Prosecuting Attorney (Civil/Appellate Unit), WSBA #43087 Grant County Prosecutor's Office P.O. Box 37
35 C Street NW
Ephrata, WA 98823
(509)-754-2011 ext. 3956 (Civil) 3996 (Criminal) Fax 754-3449 kjmccrae@grantcountywa.gov
The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity
to whom the e-mail was addressed. It contains information that may be protected by attorney-client privilege, work -
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intended recipient of this message, be advised that any dissemination, distribution, or use of the contents of this
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also permanently delete all copies of the original e-mail and any attached documentation. Please be advised that any
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-----Original Message -----
From: Katharine W. Mathews <kwmathews@grantcountywa.gov>
Sent: Wednesday, April 21, 20212:13 PM
To: Kevin J. McCrae <kjmccrae@grantcountywa.gov>
Subject: FW: Scanned image from Sharp MX -4111N GCFG
-----Original Message -----
From: Katharine W. Mathews
Sent: Monday, April 12, 20219:20 AM
To: Kevin J. McCrae (kjmccrae@grantcountywa-gov) <kjmccrae@grantcountywa.gov>
Subject: FW: Scanned image from Sharp MX -4111N GCFG
I'm happy to review this, but wonder whether you would prefer I start forwarding them to you and Rebekah, copying
Phil. I'm hesitant because I don't want to add to your/R's caseload and Phil can't yet give advice.
Kate
The contents of this e-mail message, including any attachments, are intended solely for the use of the person or entity
to whom the e-mail was addressed. It contains information that may be protected by attorney-client privilege, work -
product, or other privileges, and may be restricted from disclosure by applicable state and federal law. If you are not
the intended recipient of this message, be advised that any dissemination, distribution, or use of the contents of this
message is strictly prohibited. If you received this message in error, please contact the sender by reply e-mail. Please