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HomeMy WebLinkAbout100713_ca06Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Frank Gifford, Central Services Director DATE: October 7, 2013 RE: Contract for Courthouse Clock Repair — Rubio and Co. STATEMENT OF ISSUE: The hands on the Courthouse clock are not working properly due to missing and/or loose fasteners. The repair will involve utilizing different fasteners to ensure they will not come loose in the future. ANALYSIS: Entering into the contract will ensure the necessary the hands on all faces of the Courthouse clock function properly. FISCAL IMPACT: Cost is within the current Facilities budget. Total contract cost is $9,995.40. RECOMMENDATION: Approve and sign the contract with Rubio and Co. REVIEWED BY: `County Admin trator i `11' - -- Date CONTRACT JFFFER.SON COUNTY, WASHINGTON THUS AGREEMENT, made and entered into this _. __ of _, 2013, between the COUNTY OF JEFFERSON, acting through the Jefferson County%ommissioners under and by virtue of Title 36, RCW, as amended and Anthony Rubio of Rubio and Co. hereinafter called the Contractor. WITNESSETH: 1 ",iat in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor herein will undertake and complete the following described work: Remove the Courthouse clock tower hands on two clock faces, repair, replace, and caulk for the total sum of nine thousand nine hundred ninety five and 40/100 dollars ($ 9,995.40 ) in accordance with and as described in the attached Exhibit A, Scope and Fee Schedule 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: with a start date of October 12, 2013 and be completed in 30 calendar days. 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 and 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. 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. Revised 9/3/2013 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 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. Revised 9/3/2013 4 "flee Contractor shall comply with all Fedzrsl, `=fate, :uxl ibcal.laws and ordinances applicable to the work to be, done grader this Agreement. This Agreement shall be i,l.e,Tircten and construed in accord with the laws of the State of Washiuglon and venue shall be in Jefferson County, W A, 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, includinsg a.,Ii costs, attorney fees and expenses relating theteto, all claims, demands; or suits at law or equity arising in whole or in past, directly or indirectly, from the Contractor's negligence or broach ofany, of:its obligations under this Agreement, ,rrcvided th2t nothing herein shall require a Contractor to indemnify the Codnfy;againsl -and hold harmless the County fram claims, demaatds or suits based solely upon the conduct of tll,- tout; ,,its 4 ffieers, employees and agents, and; proviaod,tuttlrss that if the claims or suits are caused by or msult fmm the concurrent - negligence of: (a) the Contractor's agents or emplcyees; 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 reproductica 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. For Contracts of $35,000 or less, the County may waive the payment and performance bond requirements of chapter 39_08 RCW and the retainage requirements of chapter 60_28 RCW. Revised 9/311013 r IN WITNESS WHEREOF, the Controrlor 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 1L, 2013 Contractor Anthony J. Rubio, Rubio and Co. By: (P ease Print) (Signature) RUBIOL895NO _ State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Ap red as to for only: rs 9�ls� David Alvarez Date Deputy Prosecuting AttorXy 4 Revised 9/3/2013 Exhibit A Scope and Fee Schedule Scaffolding and barricade material $269.00 Demolish and setup barricades $2,600.00 Remove existing silicone caulk from faces Remove clock face and hands and install new $1,560.00 Fasteners and re install faces Re caulk both faces to match $3,120.00 Clean and disassemble scaffolding $125.00 Patch framework and paint to match $300.00 Subtotal $7,974.00 15% Profit and Overhead $1,196.10 Subtotal $9,170.10 9% tax $825.31 $9,995.41 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 preeeding 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 property; (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. WA Name of Contractor (Please print) f Name and Title of Authorized Representative (Please print) Signature of Authorize ❑ I am unable to certify to the above statement. An explanation is attached. Revised 9/3/2013 ro 4 a CERTIFICATE OF LIABILITY INSURANCE DATEIMMUDgYYJ THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 09/0912013 HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. BY THE POLICIES THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN 1'HE ISSUING thISURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the cortdleate holder Is an ADDITIONAL INSURED, the policy(ias) must be endorsed. If SUBROGATION IS WAIVED, subject to lho terms and conditions of the pnlicy, certain policies may require an endorsemonL A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsoment(s ). PRODUCER WII -SON INSURANCE INC 1ECT CAROL GOSS it 112 WATER ST A 385 4OD5 pR N ). 360 385 -9738 AnBRESs WILSON INSURANCE INC PORTTOWNSEND WA 98388 CUSroMER ro: NSUREG NSUREW. AFFORDING COVERAGE rygrop ANTHONY J RUBIO INSURER A: CBIC DOA: RUBIO 8 CO INSURER 8: 2529 HOLCOMB ST INSURER C: PORT TOWNSEND POURER a: WA 98368 INSURER E. INSURER R COVERAGES CFRnctrtATC.MIluoesa. --0 -F- REVISION NUMBER: THIS ISED CERTIFY THAT THE POLICIES UI INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMEDA80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED. BY PAID CthIMS- IN R LTR. TYPE OF INSURANCE MR WVO POLICY NUMBER saucer" M/OdVYYY ' LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000 CLAIMS-MM J:OCCUR PR L4 'S Ea opas ¢rce 5 300.000 MEDEXR(AnYPsssonl $ 5000 A _ - A CNSJ3107 08-18 -2013 OS-1e -2074 PERSONALBADVNJuRY S _ 1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE g 2,000000 PRODUCTS - COMP(OP AGG $ $000,000 I/ POLICY Eta- LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT Es atti4ml) $ ALLOWNEDAUTOS BODILY IkIURY(Pa Demon) ;S SCHECULEDAUTOS BODILY JURY(P0o0 .N) s HIREDAUTOS PROPERTY DAMAGE NON -OWNED AUTOS (Per ecdos,i) $ S y UMBRELIA LMB OCCUR EXCESS MR CLAMS - MADE EACHO�URRENCE S DEDUCTIBLE AGGRE E T y RETENTION S TO LIMITS E R $ MRI( ft COMPNA LOERSLMeILITY TKN AND YIN ANY PROPRIETORIFARTNEWEXECUTIVE —, OFFCEWMEMBER EXCLUDE07 I (Mandmw in t"D N/A EL EAC ACCIDENT $ E.L. DS - REMPLOYEE g - -- If yes CINa m DESCRIPTION OF OPERATIONS balm E.L. DISEASE- POLICYLMIT $ GAMMPTION OF OPERATN)N TI LOCATIONS l VEHICLES (AaAOh ACORD 101, Aeglbnal Ro.eark5 SsgNOWe. Ir nIOIY apau K regdredJ CERTIFICATE HOLD IS AN ADDITIONAL INSURED IN RESPECT TO THE WORK THE CLIENT DOES FOR THEM CERTIFICATE HOLDER r4Mrel . etina. JEFFERSON COUNTY DEPARTMENT OF CENTRAL SERVICES P O BOX 1220 PORT TOWNSEND WA 98368 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TNT EXPIRATION DATE THEREOF, NOTICE WILl- BE DELIVERED IN ACCORDANCE AN IT THE POLICY PROVISIONS, CAROLGOSS ACORD 25 (20091DS) The ACORD name and logo are registered marks of ACORD 009 ACORD�ICORFORAYO . A11 ngt� hts -served