HomeMy WebLinkAboutAgreements/Contracts - Central Services (004)IK -24-093
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
g("County"), and J & M ELECTRIC INC., a 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 Contractor shall do all work and furnish all tools,
materials, equipment, and things of every description necessary to complete the tasks and scope
p
of work as per the request for bids and this contract for the Horse Barn Electrical Upgrade
Project (CSD2405fg). "Work" means all work individually and collectively performed by the
Contractor during the project.
The Contractor will be responsible for doing all the work to complete the following:
a The contractor is responsible for all engineering or sizing of conductors, systems,
panels, lighting, and anything else required to provide additional electrical
components to the five horse barns as requested in the bid package, but at a
minimum, includes.
• Electrical feeders, panels, breakers, and circuitry required for each barn.
• Proper grounding, including equipotential grounding or as directed by the Authority
Having Jurisdiction.
• Minimum of 16 20a GCFI receptacles in weatherproof enclosures for each barn.
• Minimum of 5 new LED lights per barn and the removal and disposal of any existing
lighting or circuitry that requires removal or replacement.
• Any excavation required, all fastening of conduit to structures, permits, and
successful project inspections.
b. Complete cleanup of the area once above completed, including but not -limited to
recovery and removal of equipment, trash, and debris.
c Contractor understands this is a Public Work subject to prevailing wage and the
submission of intents, affidavits, and certified payroll as required by the Labor
and Industries.
d The Contractor submitted a proposal in which the firm attested to the knowledge
g
and understanding of the above -referenced documents. This contract captures the
intent of the work conveyed in the RFB and the contractor's submission to the
RFB.
a RFB is attached to the contract as Exhibit "A."
2. Project Site. The work shall be accomplished upon the real property commonly known as
the Grant County Fairgrounds, situated on or about 3953 Airway Dr. NE Moses Lake, Washington,
or as may be more specifically directed at the sole discretion of the County.
J&M Electric CSD2405fg-Horse Barn Electrical Upgrades — Page 1
RI
3. Date of Commencement and Date of Completion. The Contractor shall commence the
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
in Paragraphs 8 and 11, and any other provision contained within the Contract which may affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal $479500.00
Washington State Sales Tax @a 8.2% $39895.00
Total $519395.00
Retainage (5% of Subtotal) $29375.00
a Retainage: Required for this project. A retainage bond is acceptable and preferred.
5% retainage is required under RCW 60.28.001. The contract is over $35,000,
requiring a notice of completion to be filed and approved before releasing
retainage.
b. Intents and Affidavits: Statements of intent to pay prevailing wages and affidavits
of wages paid are required to be submitted to Washington State Labor and
Industries according to RCW 39.12.040.
c Payment Interval and Billing; The Contractor shall submit 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 (30) days of
receipt.
5. Performance and Payment Bonds: Required for this project.
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
J&M Electric CSD2405fg-Horse Barn Electrical Upgrades — Page 2
for indemnification. The parties have mutually negotiated this waiver. The provisions of this
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 Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
h 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 (XCU) 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 within the Contract or RFB.
h 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 or RFB or
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 39.76.011(b).
J&M Electric CSD2405fg-Horse Barn Electrical Upgrades -- Page 3
Authority of County. Suppose the Contractor fails to perform 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 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 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.
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, manufacturer's, or supplier's warranty that extends beyond
the period specified in the Contract.
d The obligations under this Section shall survive completion.
11
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.
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(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
J&M Electric CSD2405fg-Horse Barn Electrical Upgrades — Page 4
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
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 anycounty-
directed change in the work shall be executed per the Contract.
12. No Agency Relationship. 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 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 Um 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 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 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
J&M Electric CSD2405fg-Horse Barn Electrical Upgrades — Page 5
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. 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
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.
18. Governing Law, Venue. The performance and interpretation of the Contract Document
shall be governed and interpreted by the laws of the State of Washington. Any litigation arising
from or in connection with this Contract shall be conducted in Grant County, Washington.
J&M Electric CSD2405fg-Horse Barn Electrical Upgrades — Page 6
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CONTRACTOR: ,
J&M Electric Q.
By:
4 nA E e -,M- -&i+a-g-i-. P -a _ IZ.-r -2-, , AAs -rAA ,.
License No. JMELEI*210PZ
UBI No. 600 342 115
DUSTIN. S WARTZ(&,,JANDMELECTRIC .NET
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Dated the Jeff of AAA A -C 2023.
BOARD OF COUNTY COMMISSIONERS
(G NT COUNTSHINGTON
A\
Cindy Carter, I&hair
L:;�; o &) '�- —
%'_�Vy_ .� '�f D
Danny Stone, Vice -Chair
Rob I0 er
EST:
I
Barb ra J Vasquez,
Cler the Board
Approved as to form:
is
Barbara G. Duerbeck, WSBA # 53946
Deputy Prosecuting Attorney
Date:
J&M Electric CSD2405fg-Horse Barn Electrical Upgrades — Page 7
'A";
EXHIBIT
Grant County
Washington
TOM GAINES DIRECTOR Department of Central Services TELEPHONE (509) 754-2011
35 C Street NW, Ephrata WA, 98823 x 3276
February 6th, 2024
REQUEST FOR BIDS
Grant County Fairgrounds Barn Electrical Upgrades CSD 2405ft!
SUBMITTAL DEADLINE
SUBMIT
1:30 pm Tuesday, February 21St, 2024
Original plus one copy
DELIVERY BY HAND
DELIVERY BY MAIL
Grant County Central Services Department C/o
Grant County Central Services Department
County Commissioners Offices 2nd Floor Courthouse
C/o County Commissioners
Annex. 35 C Street NW
PO Box 37 / 35 C Street NW
Ephrata WA 98823
Ephrata, WA 98823
This bid is advertised only to members of the MRSC Roster. If you access and download plans and intend
to submit a bid, your company must be a roster member before the bid opening, or the bid will be non-
responsive.
Rids will be opened in the Grant County Commissioner's Hearing room on the 1st floor of the Courthouse
Annex building, 35 C Street NW Ephrata, WA 98823, on February 21st, 2024, at 1: 30 pm. Administrative
questions should be directed to Tom Gaines, Central Services Director, at (509) 754-2011 ext. 3276.
/ 7a; e /t/ t-1?1' �e L r
Tom Gaines,
Director of Central Services
1. GENERAL RFB INFORMATION
Grant County is statutorily authorized to dispense with public bidding as the County utilizes a state-run roster
to solicit bids. MRSCrosters.org After the bid opening and a selection is made, the bid opening log and
information will be available to bidders. This bid will contain a deadline for asking technical questions. Please
note the date in this request. Questions asked after such a date cannot be answered.
Note:
RFB respondents/vendors are responsible for contacting the County for any addendums or answers to
technical questions. ALL firms are responsible for ensuring email addresses on the MRSC Rosters or in
communications with the County are current to receive requests or answers to any technical questions.
a . Objective of this RFB
To provide "convenience" electrical outlets to equine barns.
1.2 Bonds
This project requires bid, performance, and payment bonds. Grant County does not have bond documents,
and respondents should look to their surety/insurance carrier and utilize their forms.
1.3 RFB Organization
The RFB is composed of six sections with three appendices, organized as follows:
Section 1: GENERAL RFP INFORMATION
Section 2: BID PREPARATION AND SUBMISSION
1.0
RFB Notices, Posting Location
2.1 General Information
1.1
Objective of this RFB
2.2 Bid Submittal, Format, Misc.
1.2
Bonds Required
2.3 Bid Evaluations
1.3
RFB Organization
1.4
RFB Official Contact(s)
1.5
Questions Regarding the RFB
1.6
Bidder Responsibility Criteria
(RCW 39.04.350)
Section
3: VENDOR INFORMATION
Section 4: PROJECT REQUIREMENTS AND
SCOPE OF WORK
.3.1
Signature and Representations
4.1 General Overview
3.2
Warranties
4.2 Code Requirements
4.3 Completion of Work
Section 5: PRICE AND PAYMENT PROPOSAL
Section 6: POST BID SUBMITTALS
INSTRUCTIONS
5.1
Fees and Insurance
6.1 Claims of Error
5.2
Indemnification
6.2 Bid Protests
5.3
Price Proposal
6.3 Determination of Non -Responsible Bidder
APPENDIX
A: Grant County Bid Form
APPENDIX B: Prevailing wage tables as of the award
date of this RFB.
1.4 RFB Official Contacts)
Upon release of this RFB, all vendor communications must be directed to the RFB Official Contacts
listed below. Unauthorized contact regarding this RFB with other County employees may result in
disqualification. Any oral communications are discouraged and considered unofficial and non-binding on the
County. Vendors may only rely upon written statements issued by the appropriate RFB Official Contact:
Tom Gaines
Grant County Central Services Director
csd(&_grantcountywa.,9oy
509-754-2011 x 3276
1.5 Questions Regarding the RFB
The Fairgrounds and buildings will be open for contractors to walk through at their convenience Monday -
Friday, 8 am -5 pm. A walkthrough is not required; respondents should perform due diligence to understand
this project's scope. Interested respondents should call the fairgrounds office before traveling to ensure the
gates are open and there are no events in the buildings. The Fairgrounds Office can be reached by calling
509-765-3581. Chris Turner is the Fairgrounds maintenance manager. 509-754-2011 x4612
It is HIGHLY RECOMMENDED that interested contractors walk through the site. This project is at various
fairground sites and will require coordination with event staff.
Bidders who request a clarification of the RFB requirements may submit written questions to the appropriate
RFB Official Contact by mail or email. The deadline for receiving technical questions is February 16th,
2022, at 5:00 pm (PST). Questions received b y t h e C o u n t y will be answered and sent via email to the
original email roster.
1.6 Bidder Responsibility Criteria (RCW 39.04.350
A responsive bidder must meet the bidder responsibility criteria as set out in RCW 39.04.350, Bidder
responsibility criteria — Supplemental criteria:
;-BID PREPARATION AND SUBMISSION
2.1 General Information
2.1a All respondents should read the entire RFB Packet carefully. Failure to comply with instructions may result
in a bid disqualified from the County's consideration.
2.2 Bid Submittal, Format, Misc.
2.2a Bid submittals should consist of one original bid with a wet signature. The County must receive bids via mail,
recognized carrier, or hand delivery no later than 1:30 Pm (PST) on 2/21/24, as displayed on Grant County's
official time/date stamp in the Office of the Board of County Commissioners. Late bid submittals and bids
submitted via email or facsimile will not be considered.
2.2b All bids must be received by the County in a sealed envelope marked with the project title
"Grant County Fairgrounds Horse Barn Electrical Additions CSD 2405fg "
and be directed to:
Tom Gaines, Director of Central Services
PO Box 37 / 35 C Street NW
Ephrata, WA '98823
2.2c The vendor will bear the cost of the bid preparation and presentation.
2.2d Bids must be typed, computer-generated, or written in such a manner as to be legible. Any bid that contains
illegible information or dollar amounts subject to interpretation will render the entire bid "Nonresponsive" as
it will not allow the County to compare bid prices confidently.
2.2e A cover letter is required, as outlined in Section 3.1 below.
2.2f Bids should contain straightforward and concise descriptions of the vendor's capabilities to satisfy the
requirements of this RFB Packet. Emphasis should be concentrated on accuracy, completeness, and clarity
of content.
2.2g Grant County requires a signed, completed Grant County bid form with each qualifying bid submittal packet.
The Grant County Bid Proposal form is in Appendix A.
2.2h Bids must include itemized breakdowns (if required) of all costs and include all fees (if required).
2.2i Bids must show numericaldollar amounts with decimals and commas (as appropriate). Any required pricing
'
breakdown that indicates No Bid or similar wording or is left blank will render the entire bid designated
Nonresponsive, as it will not allow the County to compare bid prices confidently.
2.2j Grant County will check mathematical calculations/totals on all bids, and the County has the authority to
correct any mathematical errors it identifies. For this reason, bids that appear higher or lower than others
immediately upon bid opening may not be accurate. Grant County will not post the bid results until after the
mathematical verification, and each bid's total check has been completed. Should any mathematical errors
in submittals be identified, the County will notify the affected responders, and the bid posting will reflect any
necessary changes to the bid total(s).
2.2k In a low bid tie between qualifying vendors after verification of mathematical calculations/totals, a random
method — such as a coin toss — will be utilized to determine the low bid.
2.21 A request for awarding a contract/agreement to be signed by the low qualifying bidder will be made by Grant
County Central Services to the Board of County Commissioners as outlined in Section 2.3a. Below.
2.2m This request does not constitute an offer of employment or a contract for services
2.2n Because of this request, the County reserves the option to reject any or all bids, wholly or partly.
2.2o The County reserves the option to retain all bids, whether selected or rejected. Once submitted, the bids and
any supplemental documents become the property of the County.
2.2p All bids shall remain firm for ninety (90) days following the closing date to receive proposals.
2.2q Bids without a BID -BOND will be deemed non-responsive.
2.3 Bid Evaluations
2.3a The County will evaluate bids and determine responsiveness as follows:
Grant County Central Services will perform an initial screening of each bidder to determine responsiveness. A bid
deemed responsive materially conforms to the instructions/requirements of this RFB Packet, including the bidder
meeting the requirements of a responsible bidder according to RCW 3 9.04.3 5 60 (See Section 1.6 above).
The County reserves the right to reject any bid with immaterial irregularities.
Bid pricing must be itemized and submitted on all required items outlined in Section 4, Project Requirements and
Scope of Work, and completed on The Grant County Bid Proposal form, Appendix A to this RFB.
Once Grant County has determined that a bid is responsive and mathematical calculations have been checked or
corrected according to paragraph 2.2j above, it will be compared to other responsive bids. All bids will be awarded
on the "base" bid information regardless of alternates.
2.3b The responsible individual/company (according to RCW 39.04.350) with the lowest responsive bid as outlined
in this section will be named the apparent successful bidder and recommended to the Board of County
Commissioners for the contract award.
2.3c Bid Preparation Instructions
Bids must conform to all the requirements of this RFB Packet.
3. BIDDER INFORMATION
Bid submittals shall contain the following information and conform to the following requirements:
3.1 Signature and Representations
All bids must include a cover letter signed by an official authorized to bind the company to the bid and
pricing.
3.1 a The signed cover letter must contain the following statements without alteration:
The bid's pricing shall be valid and binding for Ninety (90) days following the RFB response due date. It will
become part of any contract with the County unless revisions, additions, or deletions are expressly negotiated.
It is acknowledged that this bid is subject to public disclosure under the Public Records Act and may be
released in total as public information per Washington law. All proprietary information exempt from public
disclosure has been plainly and clearly marked or otherwise identified.
3.1 b Company Information
The cover letter shall include the company name, address, telephone number, federal employer tax
number, and Washington state business registration number (UBI). Provide the name, title, address, and
telephone number .of the contact person authorized to represent the company. and to whom
correspondence should be directed.
3.1 c Subcontractors
The cover letter shall indicate whether subcontractor(s) will be used for any portion of the work.
3.2 Warranties
Provide all warranty and exclusion of warranty language for the product(s).
According to Washington law, the contractor assumes liability that all subcontractors must file intents and affidavits
for prevailing wage work just as the prime contractor shall do. Furthermore, it is understood that five percent (5%)
retainage is withheld until a Notice of Completion is accepted by the following agencies with notification given to
Grant County: the Washington State Department of Labor & Industries, Employment Securities, and the Department
of Revenue. The retainage will be released after Grant County is notified of this acceptance by all three agencies.
4. PROJECT REQUIREMENTS AND SCOPE OF WORK
4.1 General Overview
Provide convenience outlets to equine barns. The barns currently have little, if any, electrical outlets in the barns.
Existing electrical may need to be brought up to code. In the list below, the number of outlets and any systems
mentioned shall be verified by the Contractor and included in their bid.
The contractor will be responsible to:
1. Selected Firm is responsible for any sizing or engineering required for electrical work.
2. Install the required feeder for each barn; the Contractor is responsible for determining the proper
feeder size.
3. Provide panels if required for each barn; the Contractor will determine the number of panels
required per the NEC.
4. Grounding system that meets code for the entire installation.
5. Approximately 16, 20a GCFI receptacles for each barn in outdoor rated enclosures.
6. New LED canopy fixtures to match or exceed current lighting.
7. The bid should include any costs for excavation, permits, and all other work required to complete
this project.
4.2 Code Requirements — Work performed will be permitted as required through Grant County, WA, and any
other authority having jurisdiction. All permits required will be the contractor's responsibility and will be submitted
through Grant County.
4.3 Completion of Work — Before the County accepts the work, the prime contractor must complete it and ensure
that all subcontractor work is completed to finish quality. All surplus or rejected materials and unsightly objects
shall be removed from the site and properly disposed of, all cleanup has been accomplished, and the site is of a
neat appearance.
5. PRICE AND PAYMENT PROPOSAL INSTRUCTIONS
5.1 Fees and Insurance
5.1 a Propose all fixed fees or hourly rates of pay, as appropriate, for implementing services as described within
the RFP.
5. lb 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 of termination of this
contract.
5.1c 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 (XCU) 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.
The preceding paragraph applies to any theory of recovery relating to said act or omission by the individual/agency
or its agents, employees, or other independent contractors directly responsible to the individual/agency, including,
but not limited to, the following:
5.2a Violation of statute, ordinance, or regulation.
5.2b Willful, intentional, or other wrongful acts or failures to act.
5.2c negligence or recklessness.
5.2d Furnishing of defective or dangerous products.
5.2e Premises liability.
5.2f Strict Liability.
5.2g Violation of civil rights and/or
5.2h Violation of any federal or state statute, regulation, or ruling resulting in a determination by the Internal
Revenue Service, Washington State Board of Tax Appeals, or any other Washington public entity responsible
for collecting payroll taxes when the agency/firm is not an independent contractor.
5.3 Price Proposal
5.3a Payment will be made for all items complete and accepted on the unit, or lump sum prices stated in the
proposal and measured and previously stated. Each payment shall be total compensation for the
contractor's materials, labor, and other costs. Those requests will be considered if a contractor requests
monthly or percentage -based payments.
5.3b The Contractor is aware that this project is a "public work" as defined by RCW 39.04 and WAC 296-127 and
is subject to the prevailing wage laws of the State of Washington. The qualifying low -bid Contractor must
produce Certified Payroll Records to Grant County or Labor and Industries upon request. A five percent
(5%) retainage will be withheld, as referenced in Section 3.3.
5.3c A preconstruction meeting between the successful bidder and representatives of Grant County will be
required before a Notice to Proceed is issued to discuss planning, safety, and workflow.
5.3d The proposal shall include the cost of all material, labor, engineering, surveying, milling, grading, saw
cutting, clean up, maintenance of traffic, hauling, disposal of all material removed or installed, mobilization,
and all other fees and costs if applicable required to complete this project.
5.3e The contractor shall provide a warranty, and the proposal shall describe in detail the duration, terms, and
conditions of the proposed warranty. The proposal shall include the contractor's complete terms and
payment schedule. Grant County will inspect all work.
6. POST BID SUBMITTALS
6.1 Claims of Error
6.1 a Any claim of bid error by a respondent that occurs within twenty-four (24) hours of bid opening must be:
1. Submitted in writing.
2. Marked "URGENT".
3. Addressed to the County's Project Manager, Tom Gaines.
4. Delivered to and in the care of the Office of the Board of County Commissioners, located on the 2nd floor of
the Grant County Courthouse at 35 C Street NW in Ephrata, Washington.
5. Identify the project bid and date of bid opening and
6. Request authorization for withdrawal of the bid.
6.1 b Grant County will automatically approve, in writing, any timely and adequately reported bid error and request
for bid withdrawal it receives. The withdrawn bid will be identified as such in the County's records. According
to Washington State's Public Disclosure Act, the submitted packet will remain a public record within the
County's records.
6.1 c Grant County reserves the right to consider any claim of bid error not meeting the criteria outlined in Section
6.1 paragraph 6.1 a if doing so is believed to be in the best interest of the County and the public it serves.
6.2 Bid Protests
The deadline for appealing a determination that a bidder is not responsible as outlined in Section 1.6 above
must occur within twenty-four (24) hours of the bid opening and be:
1. Submitted in writing.
2. 'Marked "URGENT".
3. Addressed to the County's Project Manager, Tom Gaines.
4. Delivered to and in the care of the Office of the Board of County Commissioners, located on the 2nd floor of
the Grant County Courthouse at 35 C Street NW in Ephrata, Washington.
5. Identify the project bid and date of bid opening and
6. Identify the purported non -qualifying bidder and the applicable sections of RCW 39.04.350 that render that
bidder non -qualifying.
6.2a Grant County will have three (3) working days to determine whether the apparent qualifying low bidder meets
or does not meet the requirements of RCW 39.04.350 and the reason(s) for the determination.
6.3 Determination of Non -Responsible Bidder
6.3a Should Grant County determine that a bidder does not meet the requirements of a responsible bidder
according to RCW 39.04.3560, it will provide, in writing, the reason(s) for the determination. The bidder may
appeal the determination within three (3) working days by presenting additional information to Grant County.
The County will consider the additional information before issuing its final determination. Suppose the final
determination affirms that the bidder is not responsible. In that case, Grant County may not execute a contract
with any other bidder until two (2) business days after the bidder determined to be not responsible has
received the final determination.
RE: CSD2405fg Grant County Fairgrounds
Horse Barn Electrical Project
ADDENDUM #2
Grant County
Central. Services
P O Box 37
Ephrata WA 98823
(509) 754-2011 Ext -3276
February 16, 2024
This Addendum incorporates all of Addendum 1 and has additional information beginning on page 3 (labeled
as addendum 2 at top of page)
2/7/2024
Q. We would be interested in this project. Where would I access plans and specs?
A. We do not have plans. The RFB states that the "Selected Firm is responsible for any sizing or engineering
required for electrical work." We can provide some limited older plans for the electrical service. However,
it would be best for interested contractors to visit and assess the site to understand the work required to
meet the intent of the RFB, which is to replace (or add) canopy lights down the center of the barns and to
add 16 receptacles to each barn. The fairgrounds were not (unfortunately) adequately cared for from a
maintenance administration standpoint. Many of the drawings we have are missing or incomplete. It makes
a bid like this difficult, and we hope for the understanding of interested firms.
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Q. What is the expected start date?
A. As soon as possible after contracts have been signed. Ideally, all work will be completed by August 1st.
Q. When is the project's completion date?
A. We expect contractors to be expeditious in their work. Projects at the fairgrounds are not "fill-in" projects
between others. We do not anticipate large crews or overtime would be required. A 4/10 schedule is
acceptable; work should be completed by August 11t•
Q. How many barns are there?
A. There are a total of five barns. All by the same manufacturer. Two of the barns have lights, and three do
not. This is better reviewed by walking the site.
Q. Can we have copies of older plans for the electrical service
A. We have attached the only known prints of this area. Your Due Diligence is required.
Q. Where are the associated transformer vaults for the barns?
A. Vault V#2187 is located west of the barns and north of the practice arena, associated with P2584 P9028 is
located just east of the Harwood Arena and to the southern end of the barns. The contractor must ensure
that installation does not overburden the associated transformer. This may require coordination between
the Contractor and the GC -PUD. A walkthrough of the site is highly recommended.
Tom Gaines
Director of Central Services
tgaines@grantcountywa.gov
"To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment."
Q. Who is responsible for calling in locates for this project
A. The fairgrounds are considered private property, and some utilities will not be located on the grounds; some
will. Fairgrounds staff will call in an initial locate request before the work is performed. The contractor is
responsible for carefully excavating where needed. The fairgrounds staff is aware of the area's utilities,
sewers, and water; we have limited as-builts and will guide the selected contractor in the excavation areas.
If something unlocated is damaged, the fairgrounds staff will typically repair the damage unless it is due to
the Contractor's negligence.
Q.
A.
Do the barns currently have equipotential bonding
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Q. Are materials for this project required to be made in America?
A. Grant County strongly encourages the use of American-made products; however, it is not a requirement for
this project.
Q. Are itemized breakdowns required, as they relate to 2.2h, 2.3a, and section 4
A. The RFB states, "if required," the official bid sheet asks for a lump sum, so itemized is not required.
Q. What activities/events in the area could affect our completion date?
A. Coordination will need to be performed between fairgrounds staff and the mutually agreed to schedule the
work. It should not impact contractors' schedules. Once a contractor is selected, the coordination will follow
immediately to be written in the contract.
Q. Is there a designated area for tools and equipment to be safely stored?
A. We do not have an area designated. This will be dependent upon the needs of the selected contractor. We
may or may not have areas for storage. It is unknown currently.
Q. Can interested bidders have a 25% mobilization fee to start this project?
A. No
Q. Can a firm receive monthly draws for this project?
A. Please see section 5.3 of the RFB. The bid form requires a lump sum for the project. Monthly payments may
be made for work on longer projects for completed work and material delivered. The County will not allow
"draws" for future work.
Q. How are people bidding on this equally if some bid on a transformer and some do not?
A. Do not include a price for a transformer in your bid. If a transformer is needed for this project, it will be
added through a change order. Coordination will occur between the selected contractor, the Grant County
PUD, and Fairgrounds staff during the selection of any new transformer.
ADDENDUM 2
It seems equipotential grounding will be required as per the local AHD. The way a contractor
designs and installs this system is up to the Contractor. Any subcontractors needed to complete
the work are the responsibility of the selected contractor. The cost of this should be included in
your bid. On your cover page, you must list the subcontractor you intend to use. This project is
expected to be "turnkey" for the County, the County is not supplementing any labor, equipment,
or material for this project.
Please ensure you read and understand section 3 of the RFB and the requirements of the cover letter
Bids via email are not being accepted.
The bid bond is equal to 5% of the total bid, NOT including Washington state sales tax.
On the bid form is a line to initial that you have received and seen this Addendum, please initial and write
"Final" to acknowledge that you have received THIS Addendum.
The Bid Opening for this project is WEDNESDAY FEBRUARY 21, 1:30 PM PST.
The opening is being held in the County Commissioners Hearing Room on the first floor of the Courthouse
Annex. If you locate parking lot "A" immediately adjacent to the Courthouse on its north side. Park in that lot.
You can enter the annex right behind the courthouse. The hearing room is to the left as you enter. First room
on the right.
Thank you! to all who are responding to this advertisement for bid. Grant County looks forward to seeing this
project start as soon as possible.
Respectfully,
C7om wines
Tom Gaines
Director, Grant County, WA
Central Services Department
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