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HomeMy WebLinkAbout081913_ca04Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Frank Gifford, Central Services Director. DATE: August 19, 2013 RE: Contract with Aldergrove Construction, Inc. for Courthouse .fudge's Chamber Remodel Project STATEMENT OF ISSUE: The Board of County Commissioners approval is requested for the contract award to Aldergrove Construction, Inc. for remodeling the Courthouse Judge's Chamber for a total cost of $59,691.67. ANALYSIS: Presently the Superior Court Administrator shares very cramped office space with the elected County Clerk. The Court and Clerk functions are distinctly different under state law and should be physically separate. Creating office space for the Superior Court Administrator accomplishes this separation and also provides the elected Clerk with private office space. FISCAL IMPACT: The Construction & Renovation has funds available that will cover the construction costs for the remodel. RECOMMENDATION: The Board is asked to approve and sign the contract with Aldergrove Construction, Inc. REVIEWED BY: �Vlorl�y, unty dmi ' trator Date PROJECT #30119200 JEFFERSON COUNTY COURTHOUSE JUDGE'S CHAMBER REMODEL CONTRACT JEFFERSON COUNTY, WASHINGTON SECTION 00500 Page 1 CONTRACT FORM THIS AGREEMENT, made and entered into this day of , 201_, between the COUNTY OF JEFFERSON, actin through the Jefferson County Commissi�ers u der and by virtue of Title 36, RCW, as amended andLpEQC�►2o�%(rr,N�Tvcto��, tca�N��LS �'J� hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: that The Contractor herein will undertake and complete the following described work: supply the labor, equipment and materials necessary to remodel the Superior Court Judge's Chamber located at 1820 Jefferson Street, Port Townsend, WA 98368 er the plans aEq specifications provided for the total sum of dollars ($�V ) in dance with and as described in the AIA Do ment A201 General Conditions of the Contract for Construction and the attached plans and specifications in the Jefferson County Courthouse Judge's Chambers Remodel Project Manual 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 provide and be at 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. 10 PROJECT #30119200 JEFFERSON COUNTY COURTHOUSE JUDGE'S CHAMBER REMODEL SECTION 00500 Page 2 CONTRACT FORM 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. 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. 11 PROJECT #30119200 JEFFERSON COUNTY COURTHOUSE JUDGE'S CHAMBER REMODEL SECTION 00500 Page 3 CONTRACT FORM (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 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 12 r PROJECT #30719200 JEFFERSON COUNTY COURTHOUSE JUDGE'S CHAMBER REMODEL SECTION 00500 Page 4 CONTRACT FORM 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. 4.25.115 and was subject of mutual negotiation. Unless otherwise specified in the Agreement, the County shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of an acceptable, supplemental Agreement, the Contractor shall provide on -call assistance to the County during contract administration. By providing such assistance, the Contractor shall assume no responsibility for proper construction techniques, job site safety, or any construction Contractors failure to perform its work in accordance with contract documents. 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. 13 I *'. PROJECT #30119200 JEFFERSON COUNTY COURTHOUSE JUDGE'S CHAMBER REMODEL SECTION 00500 Page 5 CONTRACT FORM 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 3UL`( �3 o , 2013 Foregoing Contract Approved and Ratified Contr By: State of Washington, Contractor Registration Number SEAL ATTEST: 2013 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chairman Phil Johnson, Member David Sullivan, Member 4A Approve t form only this b day of J2013 Prosecuting Attorney Carolyn Avery, Deputy Clerk of the Board as t0form only, M � 0)251g 7k erson Co. Prosecut Oit we END OF SECTION 00500 David Alvarez, Chief drvil DPA 14