HomeMy WebLinkAboutAgreements/Contracts - FairgroundsTuesday,, 2/412022
f"r1
all[ 001111ty Fairgrounds
3953 Air lway Dr NE
Moses Lake WA 98$) 7- 10,7 9
(509) 765-3581 Fax: (509) 766-17940
. cfairx otxrtds.com
ik-I 9. 1 - _U S
To: Board of County Commissioners
Re: Consent to enter into contract for the in of fencing around the practice are
Per the 2022 Capital budget, you approved the installation of a new fence around thepractice
arena to replace the dilapidated old fence which is unsafe. We budgeted$75.,000 for this
project.
The Bid request went out to the -RSC roster and received two qualifying bids. One bid from
Bishop Contracting came in at $29,863.20 without '
Post stiffeners and one bid came in at
$39,709.40 from Stan's Construction withpost s
tiffeners. We then requested Bishop
Contracting give us a price to add the stiffeners and they came back w*
ith an addition of $3600
plus tax,.Still less than Stah"s Cristruction.
We are requesting authorization for the original bid of $29;863.20 for the fencing installation
plus a -change order of $7154.40 to include the Post stiffeners and railing stiffeners, both are
necessary . to assure the fence is strong enough for a horse arena. This total of $37,017.60 is still
less than the bid received from Stan's construction.
Please approve the purchase of servicesfrom Bishop Contracting in the amount Of $29,863,20
plus the change orderfor reinforcement of posts and rails for $7154.40 as well as the
contract between the Fairgrounds and Bishop Contracting for the project. The budget number
is 132.17 , 00#9,16,594756214 ten d is appro ved for $7s, o0o.
k you for your consideration
rI cerely,
im McKiernan, Director
Y
EM � ILED,
I V E D
APR - 1 2022
Y. i:.7RANT COUNI'Y Cn,,q
NE R S
K22-079
CONTRACT
THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly
or
and operating under and by virtue of the Constitution and the laws of the State of
Washington, ("County"), and Bishop Contraqcting LLC., a limited liability corporation duly
formed and doing business in the State of Washington ("Contractor").
In consideration of the mutual promises and covenants contained herein, the parties hereto
agree as follows:
1. Work of Contract/ Work. The Contractor
shall do all work and furnish all tools
materials, equipment, and things of every description, necessary to complete the following tasks and
scope of work as per the request for bids, for the Grant County Fairgrounds GCFG2022PFI
Practice Arena fencing project
Contractor will be responsible at a minimum to:
1. Install vinyl fence posts, in concrete
2. Install railings per Bid
3. Install gates per Bid request
Contractor shall leave the project site in a clean condition'with all debrs recovered and removed.
The term "work" shall mean all work individually and/or collectively performed by the Contractor
Burin g the project.
2. PKQigq-ajLe. The work shall be accomplished upon the real property commonly known and
situated on or about as 3953 Airway Dr. NE(
County Fairgrounds) Moses Lake, Washington ,
oras
may be more specifically directed at the sole discretion of the County.
3. Date of Commencement and Date of Completion. This contract begins April 2022 and will
expire in June 2022. The County may at its discretion extend the contract for a single year. The
contract price cannot change in the first year. Within 30 days'notice before beginning work in the
second year of this contract the contractor may ask for an increase in the cost of this contract. If
contract terms are successful an amendment to the contract will bewritten, if a resolution cannot
be reached and at the Counties discretion, will provide 30 days' notice to the contractor that the
contract will be advertised for bid.
4. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in
Paragraph 14, and with payment of such Contract Sum subject to provisions set forth below in
Paragraphs 9 and 12, and/or any other provision contained within the Contract which ma affect such
Contract Sum to be paid to Contractor, is as follows: �V
Practice Arena Fencing Contract for Bid GCFG2022PF 1- 2022- — Page 1
Subtotal $27,600
Washington State Sales Tax (a-�, 8.2% $2263.20
Total
$29.,863.20
Any additional costs resulting from jurisdictional requirements maintained by an additional authority;
permit costs as needed; and all materials and/or labor to complete the scope of work described herein
are the responsibility of the Contractor.
Contractor will file an intent to pay prevailing wage and affidavit of wages paid as required by
WA. State Dept. of Labor and Industries.
Contractor shall submit a monthly billing statement and/or invoice to the County. Such billing
statement and/or invoice shall set out the nature of work performed, as well as the time and materials
involved in such work or percentage of work completed as mutually agreed upon by the Contractor
and the County. The County will pay such statement and/or invoice within thirty (30) days of receipt.
5. Performance and Payment Bonds: Not Required
6. Indemnity and Hold Harmless. The Contractor shall defend, indemnify, and hold the County,
injuries 0
its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including attorney fees, arising out of or in connection with theperformance 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 indemnificationprovided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW, solely for
the purposes of indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section. shall survive the expiration of termination of this contract.
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 agents9 representatives
employees or subcontractors. The Contractor shall provide a Certification of Insurance evidencing:'
a Automobile Liability insurance with limits no less than $ 1 9000,000 combined single
limit per accident for bodily injury and propertydamage; and
b. Commercial General Liability insurance written on an occurrence basis with limits no
less than $ 100,000 combined single limit per occurrence and $1 00,000 aggregate
fo ' r personal injury, bodily injury and property damage. Coverage shall include but
not be limited to: blanket contractual; products/competed operations; broad form
property damage; explosion, collapse and underground (xCU) if applicable; and
employer's liability.
C. Worker's Compensation insurance at the limits established by the State of
Washington.
Practice Arena Fencing Contract for Bid GCFG2022PF 1- 2022- — Page 2
Costs are based weekly mowing to adjust for any months or events that require more than four
mowing periods in a single month. Any payment of deductible or self-insured retention shall be the
sole responsibility of the Contractor. The County shall be named as an additional insured on the
insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the
endorsement naming the county as additional insured shall be attached to the Certificate of
Insurance. The Contractor's insurance shall be primary insurance with respect the County and the
County shall be given thirty (3 0) days prior written notice of any cancellation, suspension or
material change in coverage.
8. Payments Withheld. The County may withhold or, on account of subsequently discovered
evidence, nullify the whole or part of any payment to such extent as may be necessary to protect
County from loss or damage for reasons including but not limited to:
a Work not in accordance with the Contract;
b. Reasonable evidence that the work required by the Contract cannot be completed for
the unpaid balance of the contract sum;
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
e. Cost or liability that may occur to the County as the result of Contractor's fault or
negligent acts or omissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory
performance, the County shall notify Contractor in accordance with RCW39.76.01 1(b).
9. Authority of County. If the Contractor fails to perform the work according to requirements
of the Contract Document, the County shall provide written notice of the deficiency to the Contractor
and Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to
correct the deficiency in the work- within the seven day period or to take and continue all appropriate
steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven
day period, the County may, without prejudice to other remedies,(a) use County forces, other
contractors, or other means to make good the Contractor's deficiency and (b) deduct from the
Contractor's payments the cost of such effort.
10. Warranty of Construction. In addition to any special warrantiesprovided elsewhere in the
Contract Document and/or companion or applicable documents, the Contractor warrants that all
work conforms to the requirements of the Contract and is free of any defect in equipment, material,
or design furnished, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for workmate or materials famished
according to the Contract, and/or companion or applicable documents, the Contractor shall:
Practice Arena Fencing Contract for Bid GCFG2022PF 1- 2022- — Page 3,
a Obtain all warranties that would be given in normal commercialpractice;
b. Require all warranties to be executed, in writing, for the benefit of the County; and
c. Enforce all warranties for the benefit of the County, if directed by the County, including
any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period
specified in the Contract.
d The obligations under this Section shall survive completion.
11. Successors and Ass . 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 in respect to covenants, agreements,
and obligations contained in the Contract. Neither party shall assign the work without written
consent of the other. If either party attempts to make such an assignment without such consent, that
party shall nevertheless remain legally responsible for all obligations set forth in the Contract.
12. ChauYes in Work. The County may, at any time and without notice to Contractor's surety,
order additions, deletions, revisions, or other changes in the work. These changes in the work shall
be incorporated into the Contract Document through the execution of Change Orders. If any change
in the work ordered by County causes an increase or decrease in the Contract Sum or the time of
performance, an equitable adjustment shall be made, -and such adjustments(s) shall be incorporated
into a Change Order.
If the County desires to order a change in the work, it may request a written Change Order proposal
from Contractor. Contractor shall submit a Change Orderproposal within 14 days of the request
from the County, or within such other period as mutually agreed. Contractor's Change Order
proposal shall include full compensation for -implementing the proposed change in the work,
including any adjustment in the contract sum or time ofperformance, and including compensation
for all delays in connection with such change in the work and for any expense or inconvenience,
disruption of schedule, or loss of efficiency or productivity occasioned by the change in the work.
Upon receipt of the Change Order proposal, or a request for equitable adjustment in the contract sum
or time of performance, or both, the County may accept or re ect the proposal, request further
documentation, or negotiate acceptable terms with Contractor. Pending agreement on the terms of
the Change Order, the County may direct Contractor to proceed immediately with the Change Order
work. Contractor shall not proceed with any change in the work until it has obtained the County's
approval. All work done pursuant to any County -directed change in the work shall be executed in
accordance with the Contract.
13. No Agency 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 relationship of the Contractor to the County by reason 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.
Practice Arena Fencing Contract for Bid GCFG2022PF I - 2022- — Page 4
14. Clean Up. 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 theproject 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.
15. 'Survival. In the event any clause or provision of this Contract shall be held to be invalid,
then the remaining clauses and provisions shall nevertheless be and remain in full force and effect.
16. 'Entire Agreement. The Contract embodies the entire agreement between theparties, all other
agreements, oral or written, are hereby merged into and superseded by the Contract. There are no
other agreements which modify or affect the terms hereof. No amendment hereto shall bebinding
unless the terms thereof are in writing signed by both parties. Time is of the essence. No verbal or
other agreements modify or affect the Contract.
17. Explanation of Documents. The Contract been fully reviewed by the Contractor. The
Contractor has had the opportunity to consult with legal counsel as to the legal effect of Contract.
18. Notices. All notices which may be required pursuant to the terms hereof are to be inwriting
and delivered personally to the party to receive the same or mailed by regular mail, postage prepaid
to the address specified adjacent to the partiessignatures. All notices shall be deemed served upon
delivery thereof or three (3) days following deposit of the notice in the U.S. mails as required herein.
19. Headings, Construction. The headings of the sections andparagraphs are inserted solely for
the convenience of the parties and are not a part of and are not intended to govern, limit or aid in the
construction of any term or provision hereof. In construing the parties' intent with regard to this
contract, no greater or stricter construction of any term or provision hereof shall be asserted against
the County as drafter.
20. Disputes, Attorneys' -r 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, theprevailing
party shall be entitled to be awarded its reasonable attorney's fees in addition to such other damages
as are appropriate. If neither party wholly prevails, the party that substantially prevails, shall be
awarded its reasonable attorneys' fees as litigation expenses. For the purposes of this provision, the
terms "proceeding" and "litigation" shall include arbitration, administrative, bankruptcy, andjudicial
proceedings, including appeals therefrom.
21. Governing Law, Venue. The performance and interpretation of the Contract Document shall
be governed and interpreted in accordance with the laws of the State of Washington. Any litigation
arising out of or in connection with this Contract shall be conducted in Grant County, Washington.
Practice Arena Fencing Contract for Bid GCFG2022PF I - 2022- — Page 5
Practice Arena Fencing Contract for Bid GCFG2022PF 1- 2022- — Page 6
Dated the 30 of MARCH 2022.
CONTRACTOR:
Bishop Contracting LLC
8645 146th Ln SW
Olympia, WA 98512
By: 0 ,�f "**Vl C%
Ron Bishop
License No. BISHOCL009D0
UBI No. 602021252
Dated the of
i-- � 2022.
A
A T
To
Bar ara J. Vasquez
0
Cle f the Board
Approved as to form:
By
Kevin McCrae
Prosecuting Attorney
Date:
BOARD OF COUNTY COMNUSSIONERS
GRANT COUNTY, WASHINGTON
Danny St)Kne, Chai
Rob IaFtKs, Member
Cindy Carter, Member
Practice Arena Fencing Contract for Bid GCFG2022PF 1- 2022- — Page 7