HomeMy WebLinkAbout030413_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, Pubtic Works Director
Agenda Date: March 4, 2013
Subject: Hoh Shop Project -Chain Link Fence
Execution of Contract for Construction
County Project No.: 180 543 1858
Statement of Issue:
Execution of the Contract for Construction with Kiwi Fencing Co. Inc. of Wauna, WA,
for the Hoh Shop Project -Chain Link Fence. This Contract will provide construction
services for this project.
Analysis/Strategic Goals/Pro's & Con's:
Bids were obtained via the Small Works process. Kiwi Fencing Co, Inc. of Wauna, WA,
is the lowest responsive and responsible bidder.
Fiscal Impact/Cost Benefit Analysis:
The low bidder is Kiwi Fencing for the contract amount of $24,323.92 including WSST.
This project is funded through local funds.
Recommendation:
We recommend that this Contract for Construction be signed by the BoCC. Please
sign and return the (2) originals to Public Works and retain one original for your
records.
Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385-9160
Reviewed By:
~ `
`Philip N~o_ 'y, County-k ministrator Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of , 2013, between the COUNTY
OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by
virtue of Title 36, RCW, as amended and Kiwi Fencing Co. Inc of Wauna, WA hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the
parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to-wit: That the Contractor herein
will undertake and complete the following described work:
To provide all materials, equipment and labor for the construction of a new chain link fence, for the total sum of
Twenty-four thousand, three hundred twenty three and 92/100 dollars ($ 24,323.92) in accordance with and as described
in the attached plans and specifications and in the AIA Document A201 `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.
The Contractor shall complete the described work as follows: within twenty-five (25) working days of the 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.
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.
pw_formlcontractlconstruction contract-architectural projects.doc Revised 10/30/12 Page 1 of 8
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 Contractual/Commercial 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 specified 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.
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
pw_form\contract\construction contract-architectural projects.doc Revised 10/30/12 Page 2 of 8
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.
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 agreement.
pw_formlcontract\construction contract-architectural projects.doc Revised 10/30/12 Page 3 of 8
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 Exhibit B.
pw_form\contract\construction contract-architectural projects.doc Revised 10/30/12 Page 4 of 8
IN WITNESS WI~REOF, 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 written.
7,"
Executed by the Contractor ~ of ~ / , 2013
Contractor:
Kiwi Fencing, Co. Inc.
(Please print)
(Pl e prin
(Signature)
KIWIFCIOSSDA
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
pproved to form o ly: ~ ~
9' 1~
David Alvarez Date
Deputy Prosecuting Attorney
Frank Gifford ~ Da e
Public Works Di ector
pw_form\contract\construction contract-architectural projects.doc Revised 10/30/12 Page 5 of 8
EXHIBIT A
CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN X25,000
A.
A Contract Bond will be provided as required.
Signed
Date G~ ~ "
B.
In lieu of providing a Contract Bond, the County will
Date ~ , ~ ~ lj
withhold 50% of th ontract amount.
Signed
pw_formlcontract\construction contract-architectural projects.doc Revised 10/30/12 Page 7 of 8
EXHIBIT B
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF
STATUTORY RETAINED PERCENTAGE
A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until (30) days
following final acceptance of the work.
Date
Signed
B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing
account, not subject to withdrawal until after final acceptance of the w
Date _ Signed
C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such
retained percentage accrues.
I hereby designate
as the repository for the escrow of said funds.
I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said
retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any
way for any costs or fees in connection therewith.
Date
Signed
pw_form\contract\construction contract-architectural projects.doc Revised 10/30/12 Page 8 of 8
`i
ti~I~lt3 #3;it3166P
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Kiwi Fencing Co, Inc. , of Wauna, WA
Principal, and Developers Surety & Indemnity Company ~ aS
COUNTY OF JEFFERSON, the enal sum of ~ ySi=our Thous~d TDhr etlHuad d severally held and bound unto the
p Tweet ed Twenty Three and 92/100
($ 24,323.92 Dollars
), for the payment of which we jointly and severally bind ourselves, or heirs, executors,
administrators, and assigns, and successors and assigns, firmly by these presents.
The condition of this bond. is such that WHEREAS, on the 25th day of Feb , A.D., 2(~ 13 ,the said
Kiwi Fencing Co, Inc. ,Principal herein, executed a certain contract with the Count of
Jefferson, by the terms, conditions and provisions of which contract the said Kiwi Fencin Co Inc.
Principal herewith, agrees to furnish all materials and do certain work, to-wit: That the said Princi aI herein wi
undertake and complete the following described work: p 11
Hoh Road Shop -Chain Link Fence County Project #180 543 1858
County, Washington, as per maps, plans and specifications made a part of said contract, which contractferson
executed, Is hereunto attached, and is now referred to and by this reference is incorporated herein and made a s art
hereof as full for all purposes as if here set forth at length, p
NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms
conditions and provisions of said contract, in all respects and shall well and truly and fully do and erform all
matters and things by the said Principal undertaken to be performed under said contract, upon the teens ro osed
therein, and within the time prescribed therein, and until the same is accepted, and shall a all laborer
mechanics, subcontractors and materialmen, and all persons who shall supply such contractor or subcontractor with
provisions and supplies for the carrying on of such work, and shall in all res ects faithfull
according to law, then this obligation to be void, otherwise to remain in full fopce and effecty perform said contract
WITNESS our hands this 25th day of February 2a 13 ,
Kiwi Fencing Co, Inc.
PRINCIPAL
By•
Developers Surety & Indemnity
Company
SURETY COMPANY
By: Deborah Cook
By:~.. ~
Attorney-in-fact
Address of local office and agent
of surety company:
h
9750 Third Ave NE Suite 305
Seattle, WA 98115
pw_form\contract\constil~ction contract-architectural projects.doc Revised 10/30/12
Page 6 of 8
PCIWER OF ATTaRNEY Ft~R
DEVE[.OPERS SUREtYAND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALlFORN{A
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Jessica L. Aplin, Nina G. ,~ohnson, Ronda Barber, Mary L. 1=aure, Kris Romberg, Dorothy Leslie, Deborah Cook, jointly or
severally**'
as their true and }awful Attomey(s}-in-Fact, to make, execute, deliver and adcnowtedge. for and on behal€ of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations ful! power of substitution and revocation, and all of the acts of said Attamey(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY flF CALIFORNIA, effective as aiJanuary 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attomey, qualifying the attomey(s}named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and tbiat the Secretary or any Assis#ant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers maybe affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such
Power of Attamey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any Gond, undertaking
or contract of suretyship to which it is attached,
!N WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective r~Ftcers and attested by their respective Secretary ar Assistant Secretary this January 1st, 2008.
Daniel Young, Vice-President `~~ ~ '"`""'" car°~. Q
t~ s '
By Stephen T. Pate, SegiarVice-President ~~~,'; f 9 3 ~ ~:~ ~ ~ ,~ g
a
State of Califomia ~"''~.,, ~ ,y~T{°=~~M~ '~"
County of Orange ;~"':`"`!si
On January 31, 2411 before me, Antonio Alvarado, Notary Public
Date Here Insert Name and T~4e of the Officer
personally appeared Daniel Youn and Ste hen T, Pate
Names} of Signer(s)
who proved b me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed io
the within instrument and acknowledged to me that helshelihey executed the same in his+'herltheir authorized
~~„~,~ ~~~~~ capacity(ies), and that by hislherltheir signatures) on the instrument the person(s), ar the en#ity upon behalf of
which the person{s) acted, executed the instrument,
~, # ~~
I certify under PENALTY pF PERJURY under the laws of the State of Califomia that the foregoing paragraph is
~ ~~~ true and correct.
WITNESS my hand and official seal,
Place Notary Sea! Above Signature '
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SIIRETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attomay remains in fulE force and has not been revoked antl, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attomey are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, Califomia, this 25th day of February, 2013
B `f~
Y•
gg Okur , istant Secretary
ID-1380{Rev.011t 1)