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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: August 5, 2013
Subject: Hoh Shop Fuel System
Statement of Issue: Execution of Contract for Construction with Pacific
Environmental Services Co. for an above ground 1,000 gallon fuel system at the Hoh
River Road Maintenance Shop.
Analysis /Strategic Goals /Pro's 8 Con's: Bids were obtained via the Small Works
Roster process. The award has been made to Pacific Environmental Services Inc. of
Port Townsend, the lowest responsible and responsive bidder.
Fiscal Impact /Cost Benefit Analysis: The low bidder is Pacific Environmental, for the
contract amount of $47,656.30 including WSST.
Recommendation: We recommend that this Contract for Construction be signed by
the Board. Please sign and return (2) originals to Public Works, retaining one original
for your records.
Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385 -9380
Reviewed By:
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 Pacific Environmental Services Co of Port Townsend, 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:
This project is to provide and install an above ground Fuel System at the existing Jefferson County Public Works
Hoh Road Shop located at 5632 Upper Hoh Rd., Forks, WA, 98331, for the total sum of Forty seven thousand, six -
hundred fifty -six and 30/100 dollars ($47,656.30 ) 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 a 45 working days after the issuance of the
Building Permit from the Department of Community Development.
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 AXII. 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.
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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
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
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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.
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.
The Contractor will declare management option of the statutory retained percentage on Exhibit B.
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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 written.
Executed by the Contractor 7� &� , 52013
Contractor:
Pacific Environmental Services Co.
(Please print)
By: � Q 4 . 5*-Trw4e _
Ac!Ff,5 LOS AL
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
Arovedjo form ly: —7
David Alvarez Date
Deputy Prosecuting Atto ey
\:;(( x/ Lq
3
Frank Gifford D to
Public Works Director
pw_form \contract \construction contract - architectural projects.doc Revised 5/06/2013 Page 4 of 6
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON Bond No. 10000208
KNOW ALL MEN BY THESE PRESENTS:
That Pacific Environmental Services Company ' of Port Townsend, Washington
as
Principal, and Safety Casualty Insurance Company' as Surety, are jointly and severally held and bound unto the
COUNTY OF JEFFERSON, the penal SUM of Forty Seven Thousand Six Hundred Fifty Six 30/100 ------------------------- Dollars
I$ 47,656.30 ), 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 17th day of June , A.D., 2013, the said
Pacific Environmental Services Company , Principal herein, executed a certain contract with the County of
Jefferson, by the terms, conditions and provisions of which contract the said Pacific Environmental services Company
Principal herewith, agrees to furnish all materials and do certain work, to -wit: That the said Principal herein will
undertake and complete the following described work:
Hoh Shop Fueling System County Project #180 543 1 58
in Jefferson County,
Washington, as per maps, plans and specifications made a part of said contract, which contract as so executed, is
hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full
for all purposes as if here set forth at length.
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 perform all
matters and things by the said Principal undertaken to be performed under said contract, upon the terms proposed
therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, 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 respects faithfully perform said contract according to
law, then this obligation to be void, otherwise to remain in full force and effect.
WITNESS our hands this 28th day of June
Pacifi n ' mental Serve Co
P C1PAL
Pw—form\contract\eonstruction contract - architectural projects.doc Revised 5/06/2013
m
2013.
American Safety Casualty Insurance Company
SURETY QOMPANY
Attorney -tn -fact Kris a Yates
Address of local office and agent
of surety company:
4850 SW Scholls Ferry Road Suite 204
Portland, OR 97225
503 - 292 -2582 fax 503 - 292 -2718
OWER OF An-: 70R
( } � 10000208
RESOLVED FURTHER, that the signature of any suthoria�d officer :s..nd the seat of the Corrlpany may be affixed #y facsirnAa to arty power of attorney
or ve tification thereof authoriz(g the awacutlpn an d delixery of any bond, undertatiing recogrs�ance . or other suretyship oMigatitit of the Gorrspany;
M such signature attJ S£aE when so fused shalt ttAve the � f,�e sand effects MI tfwgA malty affixed.
On this 25th day of April, 2412, tow roe personally. came , 8ph f3, SCO 4 na known; who, Ing by ma duty sworrs, did tl�oae snd rap thtlt
he is the President of American Safety Casualty insurance Comps Scribed in and which executed the above insinxrient; that he
knows the seal of the said corporation; that the seal affixed to the rporate seal; that is was so affixed by order of the Board of
Directors of said corporation and that he signed his mane thereto
MAR
I, the undersigned, Secretary of American Safety Casualty Insurance C
and attached Power of Attorney remains in full force and has not been i
In the said Power of A#tarnay, is now in force.
Signed and sealed in the City of Atlanta, in the State of Georgia
2018
Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing
furthermore that the Resolution of the Board of,Directors, set forth
Dated this Zath day of June 2013
EXHIBIT B
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF
STATUTORY RETAINED P RCENTAGE
A. I hereby elect to have the retained percentage of this contr ct held in a fund by the Owner until (30) days
following final acceptance of the work. A
Date T2,
'l 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 work.
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
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