HomeMy WebLinkAboutAgreements/Contracts - Central Services (002)GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Central Services
REQUEST SUBMITTED BY: Tom Gaines
CONTACT PERSON ATTENDING ROUNDTABLE: Tom Gaines
CONFIDENTIAL INFORMATION: DYES ® NO
DATE: 4/4/24
PHONE: 3276
DATE OF ACTION: DEFERRED OR CONTINUED TO:
APPROVE: DENIED ABSTAIN
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D2:
D3:
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Contract with J.M. Pacific for the replacement of irrigation valves at the Fairgrounds.
Contract value is $23,587.60
DATE OF ACTION: DEFERRED OR CONTINUED TO:
APPROVE: DENIED ABSTAIN
D1:
D2:
D3:
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K14-104
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CONTRACT.
THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY y
organized and operating under and by the Constitution and the laws of the State of was
("County"), and J.M. PACIFIC INC., a corporation duly formed and doing business in the State
of Washington ("Contractor"),
In consideration of the mutual promises and covenants contained herein, theparties
hereto agree as follows,
1. Work of Contract/Scope-, of work. The Contractor shall do all work andfurnish all tools,
materials, equipment, and things of every description necessary to cora plete the tasks and scope
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of work as per the request for bids (RFB) and this contract for the Irrigation Valve Replacement
Prof ect (C SD2406fg) , 'Worle' means all work individual) and collectively performed by the
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Contractor during the project. The RFB is attached as "Exhibit A").
The Contractor will be responsible for doing all the work to complete the following:
a The contractor is responsible for all the work, materials, and equipment required to
remove and replace existing below -grade irrigation valves at the identifiedpositions
on the Grant County Fairgrounds.
6 All excavating 'and backfilling as required,,
a Installation of valves for each location. (four identified).
$ Two valves are in lines made of Asbestos Concrete pipe. The contractor is
responsible for the removal and disposal of any hazardous material,
6 Vaults with cast iron lids are the contra'dor's responsibility so that valves are
serviceable/replaceable in the future.
0 Installation should follow current industry standards with materials of
commercial/industrial quality.
0 A vac truck is recommended for excavation; the contractor is responsible for damage
to existing infrastructure in the areas of repair,
h Once the above is completed, clean the area, including, but not limited to,
recovering and removing equipment, trash, and debris.
a The contractor understands this is Public Work subject toprevailing wage and the
submission of intents, affidavits, and certified payroll as required by the Labor
and Industries.
d Coordination with the fairgrounds on schedule, timing, areas to bepaved, events,
and other pr Jects are critical to this pr 'ect
01 01
2. Project Site. The work shall be accomplished upon the real property commonly known as
I .
the Grant County Fairgrounds, situated on or about 3953 Airway Dr. NE Moses Lake, Washington,
oras may be more specifically directed at the sol'e discretion of the County.
3. Date of Commencement and Date of Comolet'10 n. The Contractor shall commence the
J.M. Pacific CM2406fg-Irrigation Valve Replacement — Page 1
work described herein upon receiving notice to proceed from the County beginning at a time
mutually agreed upon by the parties after having obtained all necessary permits/bonds,
Substantial completion of the work shall occur by June 30, 2024, unless delays beyond the
control of either party cause the date to be extended. This date will not be extended without
approval by the County,,
4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below
in Paragraph 13, and with payment of such Contract Sum subject to provisions set forth below
inParagr Paragraphs 8 and 11, and any other provision contained within the Contractwhich may affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal $21,800.00
Washington State Sales Tax 2 8. 12.d011u- $1,787.60
Total $23,587.60
I -Retainage (5% of Subtotal) $1,090.00
a Retain Required for this project. A retainage bond is acceptable and preferred.
5% retainage is required under RCW 60.28.001. The contract is under $35,000
and does not require a notice of completion to be filed and approved before
releasing retainage. Retainage will be released once the project has been accepted,
h Intents and Affidavits: Statements of intent to pay prevailing wages and affidavits
of wages paid must be submitted to Washington State Labor and Industries
according to RCC 39.12.040.
a PUment Interval and. Billing_ The Contractor may submit a lump sum payment at
completion or a monthly billing statement and invoice to the County. Such billing
statement and invoice shall set out the nature of the work performed, the time and
materials 'Involved, or the percentage of work completed as mutually agreed upon
by the Contractor and the County. The County will pay such a statement and
invoice within thirty (3 0) days of receipt.
5. Performance and Pa ment Bonds: Required for this project.
6. Indemnify and Hold Harmless. The Contractor shall defend, indemnify, and hold the
County, its officers, officials, employees, and volunteers harmless from any 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 RCC, solely
for indemnification. The parties have mutually negotiated this waiver. The provisions of this
J.M. Pacific CSD2406fg-Irrigation Valve Replacement — Page 2
section shall survive the expiration of termination of this contract.
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 Liabiljty insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
Commercial General (liability insurance is written on an occurrence basis with
limits of 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/completed
operations, broad form. property damage, explosion, collapse, and underground
(XCLD, if applicable, and employer's liability.
a WQrker's Compensation insurance at the lu-nits established by the State of
Washington.
Any payment of deductible or self-insured retention shall be the Contractor's sole responsibility.
The County shall be named as an additional insured on the 'insurance policy concerning work
performed by or on behalf of the Contractor, and a copy of the endorsement naming the county
as an additional insured shall be attached to the Certificate of Insurance, The Contractor's
insurance shall be the primary insurance concerning the County, and the County shall be given
thirty (3 0) days prior written notice of any cancellation, suspension, or material change in
coverage,
& Payments Withheld. The County may withhold or nullify the whole or part of any
payment to such extent as may be necessary to protect the County from loss or damage for
reasons including but not limited to:
a Work not within the Contract or agreed to in the RFB (Attached as "Exhibit A").
h Reasonable evidence that the work required by the Contract cannot be completed
for the unpaid balance of the contract sum.
Q Work by the County to correct defective, work or complete the work.
d Failure by the Contractor to perform work within this Contract.
e Cost or liability that may occur to the County due to the Contractor's fault,
negligent acts, oromissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
unsatisfactory performance, the County shall notify the Contractor per RCW 3 9.76.011(b).
J.M. Pacific CSD2406fg-Irrigation Valve Replaccment — Page 3
Authority of Countv. Suppose the Contractor fails to perforin the work according to the
requirements of the Contract Document. In that case, the County shall provide written notice of the
deficiency to the Contractor, and the Contractor shall have seven days to correct the deficiency in the
work. If the Contractor falls to correct the deficiency in the work within the seven days or to take
and continue all appropriate steps to initiate the corrections in the event corrections cannot be
reasonably completed in the seven days, 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 or nullify the Contractor's payments the cost of such effort as described in
paragraph 8 of this agreement.,
9. warranty of Construction. In addition to any special warranties provided elsewhere in
the Contract Document and 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 the Contractor.
Concerning all warranties, express or implied, for work performed or materials furnished
according to the Contract and companion or applicable documents, the Contractor shall:
a Obtain all warranties that would be given in standard commercial practice.
h 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, manufacturer's, or supplier's warranty that extends beyond
the period specified in the Contract.
d The obligations under this Section shall survive completion.
10. Successors and Assigns. 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 regarding covenants,
agreements, and obligations contained in the Contract. Neither party shall assign the work
without the written consent of the other, If either party attempts to assign without such consent,
that party shall remain legally responsible for all obligations outlined in the Contract.
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11. Changes in Work, The County may, at any time and without notice to the Contractor's
ip i
surety, order additions, deletions, revisions, or other changes n the work. These changes in the
work shall be incorporated into the Contract Document through the execution of Change Orders ,
Suppose any change in the work ordered by the County causes an increase or decrease in the
Contract Sum or the perfonnance time. In that case, 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 the Contractor. The contractor shall submit a Change Order proposal within 14
days of the request from the County or within such other period as mutually agreed. The
contractor's Change Order proposal shall include total compensation for implementing the
J.M. Pacific CM2406fg.-Irrigation Valve Rcplacetnent — Page 4
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 to the contract sum or time of performance, the County
may accept or reject the proposal, request further documentation, or negotiate acceptable terms
with the Contractor.
Pending agreement on the terms of the Change Order, the County may direct the Contractor to
proceed immediately with the Change. Order work. The contractor shall not proceed with any
change in the work until it has obtained the County's approval. All work done under any county -
directed change in the work shall be executed per the Contract.
12. No Agency Relationshjp. 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 Contractor's relationship to the County because of the Contract Document
shall be that of an independent contractor. The Contractor is not granted any express or int lied
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 mamer or thing whatsoever.
13. Crean p
p. The contractor shall always keep the project site, including hauling routes,
infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before
completing the work, the Contractor shall remove its rubbish, tools, scaffolding, equipment, and
materials from the premises. Upon completing the Work, the Contractor shall leave the pr Ject
0j
site in a clean, neat, and orderly condition that is satisfactory to the County. If the 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 the Contractor,
14. Survival. If any clause or provision of this Contract shall be invalid, the remaining clauses
and provisions shall nevertheless be and remain in full force and effect.
15. Entire Agreement. The Contract embodies the entire agreement between the parties; all
other agreements, oral or written, are now merged 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 and signed by both parties. Time is of the essence.
No verbal or other agreements modify or affect the Contract,
16, explanation of Documents. The Contractor has thoroughly reviewed the Contract. The
Contractor has had the opportunity to consult with legal counsel as to the legal effect of the
Contract.
17, Notices. All notices required under 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 inthe U.S. mail as required herein.
I.M. Pacific CSD24 06fg-Irrigation Valve Replacement —Page 5
Headings, Construction. The headings of the sections and paragraphs are inserted solely for the
convenience of the parties. They are not a part of and are not intended to govern, li-mit, or aid in
constructing any term or provision hereof. In construing the parties' intent regarding
In this contract, no more significant or stricter construction of any term or provision hereof shall
be asserted against the county as drafter.
M Governing Law, Venue. The performance and interpretation of the Contract Document
0 0
shall be governed and interpreted by the laws of the State of Washington. Any litigation arising
from Orin connection with this Contract shall be conducted in Grant County, Washington.
J.M. Pad CO2406fg-Irrigation Valve Replacement — Page 6
-CONTRACTOR:
J.M. Pacific INC,,
Qera�ir'o Moneada, Member
License No. JMPACP*813JW
UBI No..604 428 602
Dated thef 0 CX
2024.
B
OF COUNTY
,,RANT QUNT/V.,
.1 w S.
n,�y Carter,
0
Danny S't',n
o e, Vice -Chair
R6"b J
ST:
Bar�'ar Vasquez,
C '.rk OV
the Board
Approved as- to f6rm::.
�By
Barbara .G. Duerbeck, WSBA # 53946
Deputy Prpsecutin'g Attorney
Date:
J.M. Pacific CSD2406fg-Irrigation Valve Replacement — Page 7
IISSIONERS
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