HomeMy WebLinkAboutAgreements/Contracts - Central Services (002)K20-028
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 & SON LLC, a limited liability
corporation duly formed and doing business in the State of Washington ("Contractor").
In consideration of th 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 following tasks and
scope of work as per the request for bids, and walkthrough for the Grant County Residential
Treatment Facility Renovation Project CSD 2001gr.
a Any and all engineering above that found in the RFB
b. Any locates, surveying, civil engineering or permitting required beyond what has
already been provided by the County.
a Any and all work required and intended to renovate the City View residential
treatment facility as outlined in the bid documents, scope, drawings, and,
addendums including all demolition and finishing as required by said documents.
d All inspections
e Contractor is responsible for a clean and orderly job site
£ Contractor is responsible for the maintenance of traffic, safety barricades and
those items reasonable and necessary to keep the public safe from operating
equipment and hazards.
g. As discussed in RFB and walkthroughs, Deductive change orders will be issued to
the County for material either not used or not needed.
Contractor shall leave the project site in a clean condition with all debris recovered and removed.
The tenn "work" shall mean all work individually and/or collectively performed by the Contractor
during the project.
2. Protect Site. The work shall be accomplished upon the real property commonly known and
situated on or about as 836 E Plum St. Moses Lake, Washington, or as maybe 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. 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.
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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
$156,735.00
Washington State Sales Tax @ 8.1
$12,695.54
Total
$169,430.54
Retainage (5% of Subtotal)
$7,836.75
The Contract sum shall be One hundred -fifty six thousand and seven hundred -thirty five dollars
plus all applicable taxes (sales tax at 8.1 percent or Twelve thousand -six hundred -ninety five
dollars and seventy fifty four cents.) 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.
5% retainage is required as are intents and affidavits to Washington State Labor and Industries.
Contract is over $35,000 requiring a notice of completion to be filed and approved before releasing
retainage.
Contractor shall submit a monthly billing statement and/or invoice to the County. Such billing
statement 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/orinvoice within thirty (30) days of receipt.
5. Performance and Payment Bonds: Required for this project.
6. Retainage: Required for this project.
7. Indemnity and Hold I larmless. The Contractor shall defend, indemnify and hold the County,
its officers, officials, employees and volunteers harmless from any and all 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
the purposes of indemnification. This waiver has been mutually negotiated by the parties. 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 S 1,000,000 combined single
limit per accident for bodily injury and property damage; and
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b. Commercial General Liability insurance written on an occurrence basis with limits no
less than S 1,000,000 combined single limit per occurrence and S 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 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 sole responsibility of the Contractor.
The County shall be named as an additional 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 with respect 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 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 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 cannot be completed for
the unpaid balance of the contract sum;
a Work by the County to correct defective work or complete the work;
d Failure by the Contractor to perform 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 unsatisfactory
performance, the County shall notify Contractor in accordance with RCW 39.76.01 l (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 deficiency to the Contractor
and 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 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 means to make good the Contractor's deficiency and (b) deduct from the
Contractor's payments the cost of such effort.
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11. 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 free of any defect in equipment, material,
or design furnished, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed or materials furnished
according to the Contract, and/or companion or applicable documents, the Contractor shall:
a Obtain all warranties that would be given in non -nal 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, 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 Assians. 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 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 nevertheless remain legally responsible for all obligations set forth in theContract.
13. Changes in Work. The County may, at any time and without notice to 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. 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 submit a Change Order proposal within 14 days of the request
from the County, or within such other period as mutually agreed. Contractor's Change Order
proposal shall include full 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 in the contract sum
or time of performance, or both, the County may accept or reject the proposal, request further
documentation, or negotiate acceptable terms with Contractor. Pending agreement on the terms 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
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accordance with 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 relationship of the Contractor 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 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. 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 Agreement. The Contract embodies the entire agreement between the parties, all other
agreements, oral or written, are hereby merged 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 maybe 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 term or provision hereof. In construing the parties' 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 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 prevails, shall be
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awarded its reasonable attorneys' fees as litigation expenses. For the purposes of this 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.
GoverningLaw, Venue. The performance and interpretation of the Contract Document shall
be govemed'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.
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Dated the_�'4' of 2020.
CONTRACTOR:
Stan's Construction & Son
5920 North Frontage Rd E.
Moses La 'WA, 98837
By: ,r 71fv-
Tood&ov,)Svid,
Manager
License No. STANSCS841 DA
UBI No. 6603 566 918
Dated the 1 01"�' of 92020.
Approved as to fiorm:
By J�\
Kevin McCrae
Deputy Prosecuting Attorney
Date: I z i / aag 0
Stan's Construction & Son LLC Contract — Page 7
BOARD OF COUNTY COMMISSIONERS
G NTC LINTYMTON
Cindy Carter, h /air
Tom Taylor, M I bVer
Richard Stevens, Member