HomeMy WebLinkAboutAgreements/Contracts - Public WorksCONTRACT
THIS AGREEMENT, between the Board of County Commissioners of Grant County,
State of Washington, acting under and by virtue of Chapter 36.77 of the Revised Code of
Washington, as amended, hereinafter called the County, and Shamrock Paving, Inc.
for itself, its heirs, executors, administrators, successors and assigns, hereinafter called the
Contractor.
WITNESSETH:
That in consideration of the payments, covenants, and agreements, hereinafter mentioned,
and attached and made a part of this agreement, to be made and performed by the parties hereto,
and the parties hereto covenant and agree as follows:
DESCRIPTION OF WORK:
l . The Contractor shall do all work and furnish all tools, materials, and equipment necessary
to improve and complete STRATFORD ROAD (20-NE TO BNSF CROSSING)
RECONSTRUCTION PROJECTSTRATFORD ROAD (20-NET T1NSF CROSSING)
T' REC R UC-rivN P O ECT, CRP 21-06-21.--06, located in Grant County, Washington, as
proposed in a bid opened 1:00 P.M.�:�' . Pacific Time, Tuesday, April 15, 2025Apr-il-15
2025 in accordance with and as described in the herein attached plans and standard
specifications, and in full compliance with the terms, conditions, and stipulations herein set forth
and attached, now referred to any by such reference incorporated herein and made part hereof as
fully for all purposes as if here set forth at length, and shall perform any alterations in or
additions to the work covered by this contract and every part thereof and any force account work
may be ordered as provided in this contract and every part thereof.
2. The Contractor shall provide and entirely pay foradbt-l-e-xene of all materials,
labor, carriage, tools, implements and conveniences and things of every description that may be
remrequired for the transfer of materials and for constructing and completing the work
provided for in this contract and every part thereof.
3. The County hereby promises and agrees with the Contractor to employ, and does employ
the Contractor to provide the materials and to do and cause to be done the above described work
and to complete and finish the same according to the attached plans and specifications and the
terms and conditions herein contained, and hereby contracts to pay for the same according to the
attached specifications and the schedule of unit or itemized prices hereto attached, at the time
and in the manner and upon the conditions provided for in this contract and every part thereof.
The County further agrees to employ the Contractor to perform any alterations in or additions to
the work covered by this contract and every part thereof and any force account work that may be
ordered and pay for same under the terms of this contract and the attached plans and
specifications. Nothing in this section or this contract shall be construed establish an employee -
employer relationship between the contractor and county. Contractor is an independent
contractor.
4. The Contractor for himself, and for his heirs, executors, administrators and assigns, and
successors and assigns, does hereby agree to the full performance of all the covenants herein
contained upon the part of the Contractor.
Strattord Road, CRP 21-06 Contract — Page 1
5. Indemnity and Hold Harmless. It is further provided that no liability shall attach to the
County by reason of entering into this contract, except as expressly provided herein. 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.
6. Insurance. The Contractor shall procure and maintain for the duration of this contract,
insurance against claims for iniuries to persons or damage to property which ma�arise
from or in connection with the performance of the work hereunder by the Contractor, its
a,gents, representatives, employees or subcontractors. The Contractor shall provide a
Certification of Insurance to the County 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 $2,000,000
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.
7. Payments Withheld. The County may withhold or, due to 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
Strattord Road, CRP 21-06 Contract — Page 2
completed for the unpaid balance of the contract sum;
c. Work by the County to correct defective work or complete thework;
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
faultor 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
39.76.011(b).
S. Authority of County. Should the Contractor fail to perform the work according to the
Contract, 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 correct the
Contractor's deficiency and/or (b) deduct from the Contractor's payments the cost of
such effort.
9. Warranty of Construction. In addition to any special warranties provided elsewhere in
the Contract and/or documents incorporated by reference herein, the Contractor
warrants that all work conforms to the requirements of the Contract and is free of any
defect in equipment, material, or design, or workmanship furnished or performed by
Contractor.
With respect to all warranties, express or implied; for work performed or materials furnished
according to the Contract, and/or documents incorporated by reference herein, the Contractor
shall:
a. Obtain all warranties that would be given in normal 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.
10. 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 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 said Change Order. No changes to the
contract sum shall occur unless recorded in such a change order.
Strattord Road, CRP 21-06 Contract — Page 3
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
maydirect Contractorto proceed immediatelywith the Change Order work. Contractor shall not proceed
with any change in the work until it has obtained theCounty's approval. All work done pursuant to any
County -directed change in the work shall be executed in accordance with the Contract.
11. 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 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 thing
whatsoever.
12. 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 ma_y do so and the cost thereof shall be charged to
Contractor.
13. 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.
14. 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.
15. 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
Strattord Koad, CRP 21-06 Contract — Page 4
Contract.
16. Notices. All notices which may b�quired pursuant to the terms hereof are to be in
writing and delivered personally to the party to receive the same or mailed by certified
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 certified notice in the U.S. mails as required herein.
17. 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.
18. Governing Law, Venue. The performance and interpretation of the Contract 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.
IN WITNESS WHEREOF, the said Contractor has executed this instrument, and the said Board
of County Commissioners of Grant County has caused this instrument to be executed by and in
the name of said Board by its Members, duly attested by its Clerk, the day and year below written,
and the seal of said Board to be hereunto affixed on said date. u---7
21 St dayof May,
20�`F
Signature
Scott WHIMS
Print Name
Shamrock Paving, Inc.
Firm Name
P.O. Box 19263
Address
Spokane WA 99219-9263
City State Zip
509 ) 244-2800
Phone
i
Strattord Road, CRP 21-06 Contract — Page 5
Clerk of the Board
APPROVED AS TO FORM:
day of , 2025
Deputy Prosecuting Attorney
BOARD OF COUNTY COMMISSIONERS
OF GRANT COUNTY, WASHINGTON
this r9 day of f�1'1�1 , 2025
Chair
Member
Member
Strattord Road, CRP 21-Ob Contract — Page 6