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CONTRACT
THIS CONTRACT ("Contract"), is 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 STANS CONSTRUCTION AND SON LLC. a, limited liability
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/Sco-pe of Work. TheContractor shall do all work and furnish all tools,
materials, equipment, and things of every description, necessary to complete the tasks and scope
of work as per the request forbids, and this contract for the Grant County Horse Barn Relocation
and New Barn Construction Project CSD2302. "Work' means all work individually and/or
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collectively performed by the Contractor during the project.
Contractor will be responsible to do all work to complete the following:
a Contractor is responsible for supplying 2 (two) unused/new NOBLE branded
barns.
b. Perform all work necessary to, as per manufacturer's instruction to properly
support the barns properly in concrete.
c. Complete the construction of the new Noble. barns in. their entirety such that they
are ready for immediate use.
d This contract does, not include items in. the bid regarding the relocation of
existing barns.
a Contractor shall complete cleanup of area. once .above objectives are completed such
that the project site is left in a clean condition with all equipment, trash, and debris
recovered and removed.
2. Project Site. The work shall be accomplished upon the real propeity commonly known
as the Grant County Fairgrounds, situated on or about as 3953 Airway Dr. NE 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 fonthe County beginning at a time
inutually agreed upon by the parties after having obtained all necessary pennitsibonds.
Substantial carnpletion of the work- shall. occur by July 20, 2023, unless delays beyond the
control of either ,party .cause the date to extend, This .ate will not extend without approval by
the County.
4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below
Stans Construction & Son CSD 2302 Fairgrounds Nobles Construction Project
Contract — Pacre I
g
in Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below
in Paragraphs 8 and 11, and/or any other provis ion contained within the Contract which may affect
such Contract Sum to be paid to Contractor, is as follows:
Subtotal $198,740.00
Washington State Sales Tax @ 8.20/fo
$16,296.68
Total $2151036.68
Retainage (5% of Subtotals $9,937,00
a Retainage: Required for this project. Retainage bond is acceptable and preferred.
5% retainage is required pursuant to RCW 60.28.001. Contract is over $35,000
requiring a notice of completion to be filed and avoroved before releasing
retainage.
b. Intents and Affidavits: Statements of intent to pay prevailing wages, and affidavits
of wages paid are required to Washington State Labor and Industries pursuant to
RCW 39.12.040.
c. PgMent Interval and B Contractor shall submit a monthly billing statement
and/or invoice to the County. Such b illin a 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/or 'invoice within thirty (30)
days of receipt.
5. Performance and Payment Bonds: Required for this project.
ect.
6. Indemnity and Hold Harmless. The Contractor shall defend, indemnify, and hold the
County, its officers, officials, employees, and volunteers harmless from any and all claims,
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miunes. 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 lis further specifically and expressly understood that the indem-niffication 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.
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7. 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
.insurancewfth 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 urrence 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 under grou . nd (XCU) if
applicable; and employer's liability.
Q Worker's Comi)ensation 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 I 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 res ect the
p County and the Co inty shall
be Oven thirty (30) days prior -written notice of any cancellation, sus pensi on or material change
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in coverage.
8. Pgyments Withheld. The County may withhold or 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 die Contractor to perform in accordance with the C mtract; or
0
e Cost or liability that may occur to the County as the result of Contractor's
fault or negligent acts or oinissions.
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).
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9. Authority of Co 0 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/or (b) deduct from the Contractor's payments the cost of such effort as described
in paragraph 8 of this agreement
10. Warrant y 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 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.
the
11. Successors and Assigns. i % ne 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 the Contract,
12. 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 Burn
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
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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 fall 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
proceedianinediately 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.
13. No Agency Relatio Neither the Contract, nor any agreement irnplied therefrom,
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the relationship of the Contract
or to the County by reason of the Contract
Document shall be that of anindependent 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 I thing whatsoever,
14. Clean Up.. Contractor shall always, keep tie project site, including haulmroutes
g ,infrastructures, utilities11and gtorae areas, free.from accumulations . of ateials. Beforewaste m'r
completing the work, Contractor shall remove from �e�e�uise�pits 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 tip as
provided herein, and after reasonable notice from the County, the County may do so, and the
rovi
cost thereof shall be charged to Contractor.
is. 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.
16. Entire Agreement. - The Contract embodies the entire agreement between theparties, 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
in 1essence.
be b * ding unless the terms thereof are 'in writing signed by botti parties. Time is of tI e
No verbal or other agreements modify or affect the Contract.
17. 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 effectof the
Contract.
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18. Notices. All notices which may be required pursuant to the terms hereof are to be in
writing and either 1) delivered personally to the party to receive the same, 2) mailed by regular
mail, postage prepaid to the address specified adjacent to the parties' signatures, or 3) sent to the
ema'I address specified by the parties signatures. All notices shall be deemed served upon
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delivery thereof or three (3) days following deposit of the notice in. the U.S-4 mails as required
herein.
19. Headings, Construction. The headings of the sections and paragraphs are inserted solely
for the convenience of the pai-ties 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.
20. Disputes, AttorngysFees. 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 awarded its reasonable attorneys' fees as litigation expenses. For the purposes
of this provision, the terms "proceeding" and "litigation" shall include arbitration, administrative,
bankruptcy, anal judicial proceedings, including appeals therefrom.
21. Govern in Q Law l -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.
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Dated the t"3_of 17)ar45�A 2023.
CONTRACTOR:
Stans Construction & Son L.C.
5920 N. Fronta e Road E..
Moses Lak
e XOE
By:
ffoKrmozov�
David , Managing Member
License No. STANSCS841DA
UBI No. 603-566-918
stansconstructiongyahoo.coni.
Dated the�of ry,�xGH,.. 52023.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
A ATT ST:
TT S
Bar ar J. Vasquez
l
C Cf
1 rk the Board
Approved
By...
Barbara G. Duerbeck, WSBA # 53946
Deputy Prosecuting Attomey
Date: 3-1 Cal
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