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HomeMy WebLinkAboutAgreements/Contracts - FairgroundsK21-034 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 JM. Pacific, a corporation duly formed and doing business lin the State of Washington ("Contractor"). In consideration of 'the promises and covenants contained herein, the parties hereto agree as follows: 1. Work of Contract/ S qo e f Work. The Contractor shall do all work and filmish all tools, materials, equipment, and things of every descry tion necessary to complete the following tasks and scope of work as per the request for bids, and walkthrough for the Grant County Fairgrounds Stall Paving Project GCFG2021SP Contractor will be responsible to: Excavate the area of former Barn 39 to remove all the concrete footings from the old barn. 26, Grade areas after excavation and prepare both the Barn 39 area and the area near the White gate for as 3. Install asphalt per the attached Appendix A 4. Contractor at all times is required to keep the site clean and free of hazards as the publi will regularly be passing by this site. c 5. Any and all revisions asked and answered through the RFBprocess found In transmitted documents to Contractor, Contractor shall leave the project site in a clean condition with all. debris recovered and removed. The tern "work" shall mean all work individually and/or collecti dun*nthe vely performed by the Contractor g project. 2. OjectSite. The work shall be accomplished upon the real property coimno y rw n1 known and sotuated on or about as 3953 Airway Dr. NE( County Fairgrounds) Moses Lake, Washington, oras maybe more specifically directed at the sole discretion of the County. 3. Date of Com enc ' ement and Date of complttLion. The Contractor shall conunence the work described herein upon receiving notice to proceed from the County. Substantial completion ofthe work shall occur at such ch other time as may be mutually agreed upon by the parties. In any eve -1- "I Contractor shall not commence construction until I notice to proceed has been provided by the Co ; County. The Contractor shall obtain all necessary pennits/bonds prior to the commencement of any work, 4. Contract Sum and Ten -ns. The agreed Contract sum, except for provisions set forth below in Paragraph 14, and with payment of such ContractSum subject to provisions set forth below in Paragraphs 9 and 12, and/or any other provision contained within the Contract which may affect such J.M. Pacific In— Stall Paving Project —Pagei Contract Sum to be paid to Contractor, is as follows: Subtotal $53,750 Wasbi � ton ate dales Tax gq_§.2% 44 407.50 Total 57.50 RetaiA4gq_(5% of Subtotal $2,687-50 The Contract sum shall be Fifty-three thousand, seven hundred and fifty plus all applicable taxes (sales tax at 8.2% percent or Four thousand, four hundred and seven dollars and 50 cents.) Any additional costs resulting' fi-om iurrsdictional requirements maintained by an additional authority; permit costs as needed- and, all materials and/or labor to complete the scope of work described herein I are the responsibility of the Contractor, 5% retainage is required as are intonts and affidavits to Washingt . on . State Labor and Industries. Contract is over $3 5,000 requiring anotice of completion to be filed and. approved before releasing retainage. Contractor shall submit a monthly billing statement and/or invoice to the County. Such billing statement and/or invoice shall set out the nature ofwork perfonned, as well as the time and materials involved in such work or percentage of woTk completed as mutually agreed upon by the Contractor and the County. The County will pay such statement andlorinvoice within. thirty (3 0) days ofreceipt. 5. Performance and Paliment Bonds: Required for this project 6. Retai*n41:%,e:, Required for this' project, 7.IndeTALity and Uo �W_Bannless, The Contractor shall defend, indemnify and bold the County its officers, officials, employees and. volunteers harmless from any and all claims, inj 0 unes, damages, losses or suits, including attorney fees, arising out of or in connection with the perfonnance 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'swai .ver of immunity -under Industrial Insurance, title 51 RCW, solely for the purposes of indeannification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration of ten-nination of this contract. & Insurance. The Contractor shall procure and maintain for the duration of this contract, insurance against claims for injun'es 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 Tnsurance 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. Congnercial General Liabili!Le 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 J,M. Pacific Inc — Stall Paving Project — Page 2 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.Ngker�s Coni nsation at the limits established lished by the State of Washington. geinsurance I ab Any payment ofdeductible 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 perfon-ned by or on behalf of the Contractor and a copy of the endorsement nam*ng the county as n 1� additional insured shall be attached to the Certificate of Insura ce. The Contractorls insurance shall be primary insurance with respect the County and the County shall be given this written notice of any cancellat- y (3 0) days pri or ion, suspension or material change in coverage. 9. fitments Withheld. The County may withhold or, on account •of subsequen discov ed tlY er evidence, nullify the whole or part Of any pays -hent to such extent as may be necessary to protect County from loss or dar nage 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; c. Work by the County to correct defective work or complete the •work; d Failure by the Contractor to perform in accordance with the Contract; or t Cost or liability that may occur to the County as the result of Contractor's fault or negligent acts or omissions. PROVIDED: hi any case where pall or all of a payment is goingr •to be withheld for unsatisfactory perfonnance, the County shall notify Contractor in accordancewith RCW 3 9.76.011 (b). 10. Authority of -Pount If the Contractor fails to perfonn the work according to req of the Contract Document, the County shall rovide w turements P htten notice of the deficiencyto 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 i• n 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 an Contractorls. payments the cost of such effort. d (b) deduct from the In addition to any special warranties Provided elsewhere in the Contract Document and/or companion or applicable documents, the Contractor warrants that all 0 0 WOrk conforms to the requirements of the Contract and is free of any •defect in equipment, material, J.M. Pacific Inc — Stall Paving Project -- Page 3 or design famished, or workmanship perfon-ned by Contractor, With respect to all warranties, express or implied, for work perfonned or materials furnished 'A 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 ?--ny subcontractorls, manufacturers, or supplier's warranty that extends beyond the period specified in the Contract. d The obligations under this Section shall survive completion. 12, Successors and AsSIMI-S. The County and Contractor respectively bm*d themselves, their partners, successors, assigns, and. legal representatives to the other pat1y 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 wn'tten consent of the other. If either party attempts to make such an AMM w4thout such consent, that party shall nevertheless remain legally responsible for all obligations set forth in theContr I act. 13. Cbanges in Work. The County niay,. at any tfine and without notice to Contractor's surety, order additions., deletions, reons, or other changes in the work. These changes in the work shall re, 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 Sum or the time of perfonnance, 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 Contractor. Contractor shall submit a Change Order proposal within 14 days of the request ftni the County, or within such otber pen'od as mutually agreed. Contractor's Change Order proposal shall include full compensation for implementing the proposed change in the work, includingmy adjustment in the contract suin or time of perfonnance, 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 s or tine of perho nnance, or both, the County may accept or reject the proposal, request further documentation, -, or negotiate acceptable terns with Contractor. Pending agreement on the ten -ns of the Change Order, the County may direct Contractor to proceed innnediately 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 woik shall be executed 'in accordance with the Contract. 14. No Agenc-% Relinins hiol, Neither the Contract nor any agreement implied therefrom, constitutes the Contractor as an agent or legal representative of the County for any pm -Pose J,M. Pacific Inc — Stall Paving Project — Page 4 whatsoever, and the relationship of the Contractor to theCoimtybyre.ason of Contract Document shall be that of an independent contractor. The Contractor'n'o is t anted any expre s o- im ii gr � r p ed right or authority to assume or create any obligation or responsibilityon behalf of or in the name ofthe County or to bind the County in any manner or thingwhatsoever, 15. C�. 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. hi 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. EntireAernent. The Contract embodies the entire agreement between the parties, all other agreements, oral or written, are hereby merged into and superseded .b the Contract. There are no other agreements which modify or affect the terns hereof. No amendment hereto shall be binding unlcss the terms thereof are in writing signed by both pilrties. Time is ofthe 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 legateffect ofthe Contract. 19. Notices. All notices which may be required pursuant to the tenns hereofare 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 ofthe notice in the U.S. mails as required herein, 20. Heading& Construction. The headings of the sections andparagraphs are inserted solely for the convenience ofthe parties and are not a part of and are not intended to govem,limit or aid in the Is construction of anyterm or provision hereof, In construing theparties' 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. 21. PJ sAt nutes tornevs'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 appropliate. If neither party- wholly prevails, the party that substantially prevails, shall be awarded its reasonable attorneys' fees as litigation expenses. For the purposes ofthisprovision, the terms "proceeding" and "litigation" shall include arbitration, admm*istrative, bankruptcy, andjudicial proceedings, including appeals therefrom. For purposes of this contract, the actual attorneys' fees incurred shall be deemed "reasonable". J.M. Pacific Inc — Stall Paving Project -- Page 5 22. GovemingLawenue. Tlieperfonnance and interpretation of the Contract Document shall V be govenied and interpreted in accordance with the laws of the State ofWashington. Any litigation arising out of or in connection with thi's Contract shall be conducted in Grant County, Washington. J.M.111 Pacific Inc — Stall Paving Project — Page 6 APPENDIX"A" (Location and Map) i 34A a ars A T E. 0 A i S:: S 7 L AA Mi l &�ffl' a `9 e D i o 8, D L �j t vj-'j'y D 9-»e E 1 Alp C (4ts Ph MA, n", N-1 x. t� ot %osfm', Lalkie f i l Ne'viv Bduta 1 0"' Q4, , ", , Park Grant Couivy Fairgrounds i tird S40 au A AffordmI-41C.-, .,r. MJI 1. v Cwwarhl, Valley Grar"ery Lake Ro"undun i8ey tt I &;1, "46 4w;_ Nor RWgt,,�,, Nflad, "Isone Hoo�, Farm r. 'T I le Dkwt :Y ma;-�us Lake ri-i 13 qIe F, Homes V. etnof% poi, -L Athl*U�11,� Peek Area is near the Green Gate entrance with one site where a barn (39 ' . ) has boon tom down and the other site on the north fence of the Rodeo Grounds. There here are two paving areas as marked. The smaller area needs the old footings removed., grading and site prep for asphalt per the instructions. S I ize is approximately 75 x 100 or 7500 square feet. The second location is approximately 45 wide by 305 long or 13,725 square feet.