HomeMy WebLinkAbout091712_ca05Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Frank Gifford, Public Works Director,„ ~/'
Agenda Date: September 17, 2012
Subject: Hoh Shop Equipment Shed Project-Electrical Improvements
Execution of Contract for Construction
County Project No.: 180 543 1858
Statement of Issue:
Execution of the Contract for Construction with Angeles Electric for the Hoh Shop
Equipment Shed Project-Electrical. This Contract will provide Electrical Construction
Services for this project.
Analysis/Strategic Goals/Pro's & Con's:
The Bid due date was August 23, 2012. The Award has been made to Angeles Electric,
the lowest responsive and responsible bidder.
Fiscal Impact/Cost Benefit Analysis:
The Engineer's estimate for this work is $40,766.00 including WSST. The low bidder is
Angeles Electric for the contract amount of $37,016.40 including WSST. This project
is funded through local funds.
Recommendation:
We recommend that this Contract for Electrical improvement be signed by the BoCC.
Please sign and return two originals to Public Works, retaining one original for your
records.
Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385-9160
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Date
Reviewed, By:
SECTION 000500
CONTRACT FORM
Page 1
HOH Shop Equipment Shed Project
Project Number: 180 543 1858
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of , 2012 ,between the COUNTY
OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by
virtue of Title 36, RCW, as amended and Angeles Electric Inc. of Port Angeles, WA ,hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the
parties hereto covenant and agree as follows: To provide all materials, equipment and labor required for electrical
improvements at the Jefferson County Public Works Hoh Road Shop. The work includes a lighting retrofit to the
ezisting Hoh Shop building, lighting and power installation at the new post framed Equipment Shed, and a new
underground electrical service
for the total sum of Thirty-seven thousand, sixteen dollars, and 40 cents ($37,016.40) in accordance with and as
described in the attached plans and specifications and in the AIA Document A201 2007 `General Conditions of the
Contract for Construction' which are by this reference incorporated herein and made a part hereof. The Contractor shall
perform any alteration in or addition to the work provided in this contract and every part thereof.
1. The Contractor shall complete the described work as follows: The Notice to Proceed date will be within one
week of the execution of this contract. All work shall be completed within Thirty-five (35) working days of Notice to
Proceed.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that
may be required for the transfer of materials and for constructing and completing the work provided for in this contract
and every part thereof.
2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the
Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications
and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached
specifications and the schedule of unit or itemized prices hereto attached, at the time an in the manner and upon the
condition provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in
or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this
contract and the attached specifications at the time and in the manner and upon the conditions provided for in this
contract.
3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from
companies licensed in the State with a Best's rating of no less than A:VII. The Contractor shall provide to the County
Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the
commencement of work to be performed.
Page 1 of 5
pw form\contract\construction contract-architectural projects.doc Revised 10/25/11
SECTION 000500
CONTRACT FORM
Page 2
HOH Shop Equipment Shed Project
Project Number: 180 543 1858
The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or material
change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt
requested, for all of the following stated insurance policies.
If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments
to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County
may pay the renewal premium and withhold such payments from the moneys due The Contractor.
All notices shall name the Contractor and identify the agreement by contract number or some other form of
identification necessary to inform the County of the particular contract affected.
A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain
for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in
accordance with the laws of the State of Washington.
B. General Liability(1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an
aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless
otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the
scope of the protection provided and indicate on the certificate of insurance the following coverage:
1. Broad Form Property Damage with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form ContractuaUCommercial Liability including completed operations (contractors only);
4. Premises -Operations Liability (M&C);
5. Independent Contractors and Subcontractors; and
6. Blanket Contractual Liability.
(1)Note: The County shall be named as an additional insured party under this policy.
C. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and
property damage unless otherwise speciEed in the contract specifications. This insurance shall indicate on the
certificate of insurance the following coverage:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non-owned automobiles.
(2) Note: The County shall be named as an additional insured party under this policy.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of
the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured
retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all
of the requirements stated herein.
Page 2 of 5
pw form\contract\construction contract-architectural projects.doc Revised 10/25/11
SECTION 000500
CONTRACT FORM
Page 3
HOH Shop Equipment Shed Project
Project Number: 180 543 1858
Failure of The Contractor to take out and/or maintain any required insurance shall not relieve The Contractor
from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise
limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses covered by the above described
insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no
recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for
assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above
described insurance policies shall be assumed by and be at the sole risk of The Contractor.
It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts
provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until
such time as The Contractor shall furnish additional security covering such judgment as may be determined by the
County.
The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts
and specific service agreements.
5. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of
Washington and venue shall be in Jefferson County, WA.
The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and
shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims,
demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or
breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to
indemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct
of the County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result
from the concurrent negligence of: (a) the Contractor's agents or employees; and, (b) the County, its officers, employees
and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the
County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's
negligence, or the negligence of the Contractor's agents or employees.
Claims against the County shall include, but not be limited to assertions that the use and transfer of any software,
book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restraint of competition.
The Contractor specifically assumes potential liability for actions brought against the County by Contractor's
employees, including all other persons engaged in the performance of any work or service required of the Contractor
under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives
any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was
specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation.
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pw fonnicontract\consriuction contract-architectural projects.doc Revised 10125/11
SECTION 000500
CONTRACT FORM
Page 4
HOH Shop Equipment Shed Project
Project Number: 180 543 1858
6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein
contained shall be construed to create a relationship of employer-employee or master-servant, and any and all employees
of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under
this Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or
against said employees shall be the sole obligation and responsibility of the Contractor.
7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written
consent of the County or its authorized representative. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an ageement.
8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that The
Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for
payment of all obligations of The Contractor.
For contracts of $35,000 or less, the County and the Contractor may agree that in-lieu of the Bond, the County
will withhold 50% of the Contract amount in accordance with RCW 39.08.010. The Contractor will indicate this option
on Exhibit A.
9. The Contractor will declare management option of the statutory retained percentage on 006500.
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pw form\contract\construction contract-architectural projects.doc Revised 1Of25/11
SECTION 000500
CONTRACT FORM
Page 5
HOH Shop Equipment Shed Project
Project Number: 180 543 1858
IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the
Board of County Commissioners has caused this instrument to be executed by and in the name of said County of
Jefferson the day and year first above 'tten.
Executed by the Contractor 2012
Contractor:
~~s ~~~~~
(Please print)
By: ~~.~~~ ~ ~~~~~
(Please print)
(Signature)
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member ii
Approv t form only this 1 ~~
day of 2012.
David Alvarez
Deputy Prosecuting Attorney
~~~ d ~
Fr or Date
Public Works Director
Page 5 of 5
pw form\contractlconstruction contract-architectural projects.doc Revised 10!25/11
BONGS ~.~~~?
t
INSURANCE
Performance Bond
Bond Number: CS60003502 Premium:
Contractors Bonding
and Insurance Company
1213 Valley Street
P.O. Box 9271
Seattle, WA 98109-0271
For the CBIC brunch
nearestyo~ call Toll Free
(888)283-2242
(888) 293-2242 FAX
Know t1ll Persons By these Presents, That we, ANGELES ELECTRIC INC. ,
called the Principal, and Contractors Bonding and Insurance Company, a Washington corporation, called the Surety, are held and firmly bound
unto, JEFFESON COUNTY DEPT. OF PUBLIC WORKS
called the Obligee, in the sum of THIRTYSEVEN THOUSAND SIXTEEN DOLLARS AND 40 CENTS
Dollars ($ 37.016.40 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents.
Whereas, the Principal has entered into a contract with the Obligee, dated ,for
HOH ROAD SHOP EQUIPMENT SHED PROJECT-ELECTRICAL IMPROVEMENTS COUNTY PROJECT #180 543 1858 ("Contract").
Now, Therefore, the condition of this obligation is such that if the Principal shall promptly and faithfully perform the construction work to be
done under the Contract and shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used, consumed or
incorporated in the performance of the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect.
Whenever Principal shall be, and be declared by Obligee to be in default under the Contract for failing to perform the construction work, the
Obligee having performed Obligee's obligations thereunder, Surety shall, within a reasonable time:
1. Upon entering into an acceptable takeover agreement with the Obligee, undertake to perform and complete the construction work to be
done under the Contract; or
2. Obtain bids or negotiated proposals from qualified contractors for completion of the construction work to be done under the Contract, and
arrange for a contract to be prepared for execution by the Obligee and the contractor, to be secured with performance and payment bonds
executed by a qualified surety; or
3. Waive its right to perform and complete, arrange for completion, or obtain a new contractor.
4. The Contract balance, as defined below, shall be credited against the reasonable cost of completing the construction work to be performed
under the Contract. If completed by the Obligee pursuant to paragraphs 2 or 3 above, and the reasonable cost exceeds the Contract balance,
the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond.
If the Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the
construction work to be done under the Contract and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the
manner as said sums would have been payable to Principal had there been no default under the Contract; provided, however, that to the extent
that the Surety's outlays exceed the balance of the Contract price paid to Surety by Obligee, the Surety shall be entitled to a dollar for dollar
reduction of its liability under this bond, and the Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract
balance; as used in the paragraph, shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the
amounts heretofore properlypaid by Obligee under the Contract. The term "construction work" as used herein shall mean the providing by the
Principal ofall labor and/or material necessary to complete the Principal's scope ofwork under the Contract. Notwithstandingany language
in the Contract to the contrary, the Surety shall not be liable to the Obligee or others for obligations of the Principal that are unrelated to the
performance of the construction work under the Contract, and the Contract balance shall not be reduced or set off on account of any such
unrelated obligations, nor for any related obligations that would not be covered under this bond.
S. Any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial
completion of the work, or (b) one year after the Principal ceased performing the construction work under the Contract. If this bond is
provided to comply with public works bond statutes in the location where the construction work is being performed, and the public works
bond statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out
of this bond and the statute of limitation set forth in the public works bond statutes shall be read into, this bond. If the limitation set forth in
this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall
be applicable.
Page 1 of 2 BndPER.02-U100208
6. No shit or action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision
' of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,
or any part thereof, is situated, and not elsewhere.
7. This bond shall not be liable for any liability of the Principal for tortious acts, whether or not said liability is direct or is imposed by the
Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. No right
of action shall accrue on this bond to or for the use of any person other than the named Obligee.
8. If this bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the
location where the construction work is being performed, all provisions in the bond which are in addition to or differ from those statutory
or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond.
Signed and sealed this 6TH day of SEPTEMBER ~ 2012
ANGELES ELECTRIC INC.
Contractors Bonding and lc~tzrance Company
(Principal's n e) ~ ..( ~.
WENDY F. DAILE`i' ,Attorneyii~=fact
Its: ~~ ~~ ~~ '
Page 2 of 2 BndPER.02-U1oo108
~ Contractors Bonding and Insurance Company
~~ ~ 1213 Valley Street
P.O. Box 9271
~ ~ ~m'~ Seattle, WA 98109-0271
Know All Men by These Presents:
POWER OF ATTORNEY
Contractors Bonding and Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint:
Wendy F. Dailey, Rhonda M. Byers. Brian A. Edg~ren. Deana M. McIntyre. Richard G. Hecker.,~ointly or severally
in the City of Seauim .State of Washington its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100
Dollars ( $10,000.000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution
adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its ice
e i t with its corporate seal affixed this 7th day of May 2012
,,`,~\. p\NO AND ~ S ~~~i
~~o~~ GOpPOggr •~`o:
_~_ R . a
~? SEAL.:
State of Washington l ~=,~'••'• 1979 •' .=
County of King J SS ~~~~i~~~~Yg8NR1At0? ~p`~~
On this 7th day of Mav 2012
before me, a Notary Public, personally appeared Roy C. Die .who
being by me duly sworn, acknowledged that he signed the above Power of
Attorney as the aforesaid officer of the Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
'~~G..~
Joseph B. ler Notary Public
Contractors Bonding and Insurance Company
Roy C. Die ~ Vice President
CERTIFICATE
I, the undersigned officer of Contractors Bonding and Insurance
Company, a stock corporation of the State of Washington, do hereby
certify that the attached Power of Attorney is in full force and effect
and is irrevocable; and furthermore, that the Resolution of the
Company as set forth in the Power of Attorney, is now in force. In
testimony whereof, I have hereunto set my hand and the seal of the
Contractors Bonding and Insurance Company this .day
of
Contractors Bonding and Insurance Company
Notary Pabuc ~`'~
State of Washington Roy C. Die Vice President
JOSEPH 9. HULLER
MY COMMISSION EXPIRES
Marsh 28,2tM8 487b424032912
A0059511
HOH Shop Equipment Shed Project
Project Number: 180 543 1858
DIVISION 0
SPECIFIC CONDITIONS
SECTION 000420
DEBAREMENT CERTIFICATE
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(2) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
properly;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this
certification; and
(4) Have not within a 3-year period preceding this contract had one or more public transactions (Federal,
State, or local) terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach
an explanation.
Name of Contractor (Please print)
Name and Title of Authorized Representative (Please print)
l~
Signature of Authorize
I am unable to certify to the above statement. An explanation is attached.
END OF SECTION 000420