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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 r C :1 - c lu t; k, r, `' .r ,.z A ty 3 '1 P' . n i '�: i � l o � I , t P ;'ti. t , �• v � 'J 0 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 - 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 also permanently delete all copies of the original e-mail and any attached documentation. Please be advised that any reply to this email may be considered a public record and be subject to disclosure upon request. Thank you. -----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