HomeMy WebLinkAbout102813_ca04Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Frank Gifford, Central Services Director _:��
DATE: October 28, 2013
RE: Contract — McCrorie Interiors, Inc.
STATEMENT OF ISSUE:
The flooring in the Quilcene Community Center recreation room, hallways and two offices has
reached the end of its useful life and is budgeted to be replaced in 2013. The contract will
enable McCrorie Interior's Inc. to replace designated flooring in the Quilcene Community
Center.
ANALYSIS:
Replacing the flooring will help maintain the building value and eliminate safety /tripping
hazards.
FISCAL IMPACT:
Cost is within the current Construction and Renovation Budget.
Approve and sign the Contract with McCrorie Interiors, Inc.
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 under and by virtue of Title 36, RCW, as amended and
Dan McSherry of McCrorie Interiors, Inc. 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: provide all labor and materials to remove and install new
flooring in the Quilcene Community Center recreation room, two halls and two offices for the total sum of seven thousand
forty seven dollars and 29/100 ($7,047.29 ) in accordance with and as described in the attached plans and specifications
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 by December 31, 2013.
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 Lk*bi|hv 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 o[Washington.
B. General Liability(l) ' with uminimum limit per occurrence of one million dollars 0_ l l VU0 aod
an
aggregate, of not less than two million dollars ($2,000,000) for bodily injury, dcoLb and property damage unless
odmmmvime specified io the contract specifications. This insurance coverage mbu|l contain no limitations onthe
scope of the protection provided and indicate on the certificate of insurance the following coverage:
i Broad Form Property Damage with no employee exclusion;
2 L Personal Injury Liability,� including extended bodily injury;
31 Broad Form completed operations (contractors noly);
' Prenliocs- Operations Liability '
5. Cun�a�o��� Subcontractors; and
----r_.---- __---'-___'-,
6 Blanket Contractual Liability.
�
(I)Note: The County shall be named aoun 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 mthcrpjmc specified in the contract apeuiUootkxmm. This insurance shall indicate oothe
certificate of insurance the following coverage:
L Owned automobiles;
2. Hired uutnmoih�'' 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 bs declared toand approved by the County prior to the approval of
the contract hvthe County. At the option ofthe County, the insurer shall reduce or eliminate deductibles Vcself-insured
retention or The Contractor shall procure u bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Contractor shall include all subcontractors ua 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 ContractorDom
any liability under the Agreement, nor shall the insurance requirements be construed 10 conflict with mv 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 by the parties that judgments for which the County may be liable, in excess of bmanrsd amounts
provided herein, ` any portion ' thereof, may be withheld from payment due, or to become due, to The Contractor until
such time asthe Contractor shall furnish additional security covering such judgment as may be determined by the County.
The County reserves the right b> request additional insurance onun individual basis for extra hazardous contracts
and specific service agreements.
Revised 9/3/2013
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. 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.
3 Revised 9/3/2013
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 &"4 I& e- 42013
State of Washington, Contractor Registration Number
61 sy.11
ATTEST
Carolyn Avery, Deputy Clerk of the Board
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
Approve as to form only this -7
day of 2013
David Alvarez
Deputy Prosecuting Attar
Revised 9/3/2013
Attachment "A"
Quilcene Community Center
Scope of Service
Provide all labor and materials to install new flooring in the recreation room, two halls and two offices
Remove and replace 4" black cove base in two offices and hallways
Install Invincible Luxury Vinyl Tile; color Cumberland #46234
Install quarter round trim molding in the recreation room and hallways; stained Saddle Walnut
Install 1 1/2" flat bar molding at the back door
All furniture will be moved by Jefferson County staff
Work schedule has to be coordinated with Jefferson County staff prior to start of job
5 Revised 9/3/2013
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 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.
Name of Contractor (Please
me and Title of Authorized R6prewntMiye (Please print)
Representative
F� I am unable to certify to the above statement. An explanation is attached.
Revised 9/3/2013