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HomeMy WebLinkAboutAgreements/Contracts - Central ServicesGRANT 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 El NO DATE: 6-10-25 PHONE: 3276 'TYPE(S) OF DOCUMENTS SUBMITTED: (CHECK ALL THAT APPLYy DAgreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances El Out of State Travel El Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution El Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB u cc l"Ll ;j � I i a ;m j=:4 Contract with JM Pacific Inc. in the amount of $13,380.56 for asphalt work at the fairgrounds. Work includes a new ADA path and repairs to pavement around the grounds. If necessary, was this document reviewed by accounting? ❑ YES 0 NO If necessary, was this document reviewed by legal? F* YES ❑ NO DATE OF ACTION: Opppn\/p• nGNIGn ORCTAInI D2: D3: DEFERRED OR CONTINUED TO: 4/8/24 CONTRACT THIS CONTRACT ("Contract"), entered by and between GRANT COUNTY, duly organized and operating under and by the Constitution and the laws of the State of Washington ("County"), and JM PACIFIC INC., a corporation duly formed and doing business in the State of Washington. In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Work of Contract/Scope of Work. The Contractor shall perform all work and furnish all necessary tools, materials, equipment, and other items required to complete the tasks and scope of work as outlined in the Request for Bids (RFB) and this contract for the Grant County ADA Paving and asphalt repairs project (CSD2506fg). "Work" refers to all work, both individually and collectively, performed by the 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: 1. This work includes all labor, materials, and equipment necessary to furnish, install, and complete an ADA path as depicted in the Request for Bids package for project CSD2506fg. (Attached as Exhibit A) 2. Removal of any soft or spongy places and backfill with suitable and compactable, material. 3. Repairs at entrances to five horse barns. 4. The project must be completed no later than August 4th 2. Project Site. The work shall be performed on real property commonly known as the Grant County Fairgrounds, located at approximately 3953 Airway Drive NE, Moses Lake, Washington. 3. Dates of Commencement and Completion. The Contractor shall commence the work described herein upon receiving notice to proceed from the County at a time mutually agreed upon by the parties after obtaining all necessary permits and bonds. Substantial completion of the work shall occur by August 4th, 2025, unless delays beyond the control of either party necessitate an extension of the date. 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 in Paragraphs 8 and 11, and any other provision contained within the Contractwhich may affect such Contract Sum to be paid to the Contractor, is as follows: 5. JM Pacific Inc-CSD 2506fg -- Page 1 Subtotal $12,366.51 Washington State Sales Tax @ 8.2% $ 1 ,O 14.05 Total $13,380.56 Retainage (5% of Subtotal) Waived a Retainage: Waived b. Intent 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 RCW 39.12.040. c. Payment Interval and Billing: The Contractor may submit a lump sum payment upon completion or provide a monthly billing statement and invoice to the County. Such abilling 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 (30) days of receipt. Performance and Payment Bonds: Required per RCW 39.04.152 (5) 6. Indemnity 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 RCW, solely for indemnification. The parties have mutually negotiated this waiver. The provisions of this section shall survive the expiration or 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 Liability insurance with limits no less than $ 1,000,000 combined single limit per accident for bodily injury and property damage; 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/completed operations, broad form property damage, explosion, collapse, and underground JM Pacific Inc-CSD 2506fg -- Page 2 (XCU) coverage, 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 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 (30) days prior written notice of any cancellation, suspension, or material change in coverage. 8. 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 specified in the Contract or agreed upon in the RFB, addendums, or Q&A Logs (Attached as "Exhibit A"). 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 perform work within this Contract. e. Costs or liabilities that may arise to the County due to the Contractor's fault, negligent acts, oromissions. PROVIDED: In any case where part or all of a payment is to be withheld due to unsatisfactory performance, the County shall notify the Contractor per RC 3 9.76.011 (b). Authority of the County. Suppose the Contractor fails to perform the work per the requirements of the Contract Document. In that case, the County shall provide the Contractor with written notice of the deficiency, and the 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 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 its companion or applicable documents, the Contractor warrants for two years from the date the County accepts the project as complete that all work conforms to the requirements of the Contract and is free from any defects in equipment, materials, or design JM Pacific Inc-CSD 2506fg -- Page 3 furnished, as well as any defects in 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. b. Require all warranties to be executed, in writing, for the benefit of the County; and c. Enforce all warranties on behalf of the County, if directed by the County, including any warranties from subcontractors, manufacturers, or suppliers that extend beyond the period specified in the Contract. d The obligations under this Section shall survive completion. rr I 10. Successors and Assigns. The ne County and the Contractor respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto, as well as to the partners, successors, assigns, and legal representatives of such other party, regarding the covenants, agreements, and obligations contained in the Contract. Neither party shall assign the work without the other party's written consent. If either party attempts to assign without such consent, that party shall remain legally responsible for all obligations outlined in the Contract. 11. Changes in Work. The County may, at any time and without notice to the 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. Suppose any change in the work ordered by the County causes an increase or decrease in the Contract Sum or the performance time. In that case, an equitable adjustment shall be made, and such adjustments shall be incorporated into a Change Order. If the County wishes to request a change in the work, it may submit a written Change Order proposal to the Contractor. The contractor shall submit a Change Order proposal within 14 days of the County's request or such other period as mutually agreed upon. The contractor's Change Order proposal shall include total 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 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 work outlined in the Change Order. 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 Relationship. Neither the Contract nor any agreement implied thereby constitutes the Contractor as an agent or legal representative of the County for any purpose JM Pacific Inc-CSD 2506fg -- Page 4 whatsoever, and the Contractor's relationship to the County under 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 ofthe County or to bind the County in any manner or thing whatsoever. 13. Clean Up. The contractor shall maintain a clean and orderly project site, including hauling routes, infrastructure, utilities, and storage areas, free from accumulations of waste materials. Before the project is accepted, the Contractor shall remove all rubbish, tools, scaffolding, equipment, and materials from the premises. Upon completing the Work, the Contractor shall leave the project 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 receiving reasonable notice from the County, the County may do so; the cost thereof shall be charged to the Contractor. 14. Survival. If any clause or provision of this Contract is invalid, the remaining clauses and 0, provisions shall nevertheless 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 that modify or affect the terms of this agreement. No amendment to this agreement 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 theContract. 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 of this agreement must be in writing and delivered personally to the party to receive them or mailed by regular mail, prepaid postage, to the address specified adjacent to the party's signatures. All notices shall be deemed served upon delivery or three (3) days following deposit in the U.S. mail, as required herein. 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, limit, or aid in the construction of 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. 18. Governing Law, Venue. The performance and interpretation of the Contract Document shall be governed by and interpreted in accordance with the laws of the State of Washington. Any litigation arising from or in connection with this Contract shall be conducted in Grant County, Washington. JM Pacific Inc-CSD 2506fg -- Page 5 JM Pacific Inc-CSD 2506fg — Page 6 CONTRACTOR: NT ACTOR: J p m Paco 0, 4 By: 0 iedconcada, President License No. JMPACP*813JW UBI No. 604-428-602 Dated the of 2025. tJI'v. � � -'r M L o U N V VIZ, 0 ' 71 Now = Cal cn 4Mo a EA'L G T 0A AT To arbara J. Vasquez, Clerk of the Board Approved as to form: 010 Barbara Go Duerbeck, WSBA # 53946 Deputy Prosecuting Attorney t�p Date: JM Pacific Inc-CSD 2506fg -- Page 7 BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Cindy C Kevin Burgess, MSer