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HomeMy WebLinkAbout042814_ca02Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E. Public Works Director /County Engineer Agenda Date: April 28, 2014 Subject: Quilcene Replacement Shop Project Statement of Issue: Execution of Contract for Construction with 2 Grade, LLC for construction services at the Quilcene Replacement Shop Project. Analysis /Strategic Goals /Pro's it Con's: Bids were obtained via competitive sealed bids. The award has been made to 2 Grade, LLC, the lowest responsible and responsive bidder. Fiscal Impact /Cost Benefit Analysis: The low bid is for the contract amount of $268,652.00 including WSST. Recommendation: We recommend that this Contract for Construction be signed by the Board. Please sign and return (2) originals to Public Works, retaining one original for your records. Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385 -9380 Reviewed By: tN ' o , (ro �ty A Amfini!t5tor Date CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of 2014, between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36, RCW, as amended and 2 Grade, LLC of Port Angeles, WA hereinafter called the Contractor. WITNESSETH That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor herein will undertake and complete the following described work: The construction of a road maintenance shop facility at the County site in Quilcene, WA. The new buildings include one metal clad engineered post framed structure. In addition, the installation of one mobile office facility, to be procured and provided by the County. Site work includes grading, gravel surfacing and storm -water dispersion. Utilities include septic system, water, phone, and electrical services. for the total sum of two hundred sixty eight thousand six hundred fifty two and 00 /100 dollars ($ 268,652.00) in accordance with and as described in the attached plans and specifications and in the AIA Document A201 2007 `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 91 calendar 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:VI1. 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: I. 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. (I )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: I. 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 separate certificates and endorsements for each subcontracto r subject to all of the requirements stated herein. IR insured under its insurance policies or shall furnish . All insurance provisions for subcontractors shall be 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. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor t to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. 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. ILI 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. 9. The Contractor will declare management option of the statutory retained percentage on Exhibit B 20 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 p '2014 Contractor: Z 614 � LL C (Please print) By: (� c9 / /O,d (Please print) 1 17 (Signatur Z G2A66492-3j-N. p Stattee of Washington, Contractor Registration Number / /J10 da Tc � /%9/G6r S ZU�y 21 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Phil Johnson, Member David W. Sullivan, Member David Alvarez Deputy Proms Mon e Reinders, P.E. Date Public Works Director /County Engineer 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 / ZD 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 4ime 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 23 I of 3 Originals' SECTION 000650 CONTRACT BOND FORM Bond No. 106 071 494 JEFFERSON COUNTY, WASHINGTON CONTRACTBOND KNOW ALL MEN BY THESE PRESENTS: That m2,4a5e,_LLC ­ * V � Y�� Port Angeles, WA ,as Principal, and Company of America as Sore Ter, an sev gall} el and bound�nto the COUNTY OF JEFFERSON, the penal sum of .. , , { unier,T 1 r�" n �i� a�1-4 ($ 268. 652.0,E ),for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firstly by these resents. The condition of this bond is such that WHEREAS, on theA5 day of, A.D., 2014, the said 2 Grade, LLC , Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said 2 Grade, LLC 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: for the construction of a road maintenance shop facility at the County site in Quilcene, WA. The new buildings include one metal clad engineered post framed structure. In addition, the installation of one mobile office facility, to be provided by the County. Site work includes grading, gravel surfacing and storm -water dispersion. Utilities include septic system, water, phone, and electrical services. 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 16thdayof April 2014 2 Grade, LLC PRINCIPAL By: 24 Travelers Casualty and Surety Company of America - SURETY COMPANY l,.//Zt1t By: / d. - - Chris A. Fix Attorney -in -fact Address of local office and agent of suretycompany-c /o CB &MS of WA., INC. P.O. Box 75715 Seattle, WA 98175 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary ; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-i n- Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surely Company of America, and UnRed'States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a tme and correct copy of the Power of Attorney executed by said Companies which is imfull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and Al the seals o£ said Companies this 1. F th day of Apr i 1 , 20 14 Kevin E. Hughes, Assistant Sec Lary ze�yypPpOp�'" a per, eti� Mc6'�4 +a °m °a'Y.s�y�4c ''•,• R� ei� Y 6 '4 -' ^�wlrm � /+•OP >l.�n P:�pPGR91R:� ^ 19 B 7 o i I NNnrORD, rNMFlMO. ;yeS>Rs'p �Q$1 ` SE BLf'o `�SBAL;Pr° `O8 cox a a To verify the authenticity of this Power of Attorney, call 1- 800 -021 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. IS INVALID WITHOUT THE RED BORDER �` °® CERTIFICATE OF LIABILITY INSURANCE 3/26E'M /2016m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject W the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not corder rights to the certificate holder in lieu of such endorsement(s)- PRODUCER CALLIS fi ASSOCIATES, INC. NAirEACr Melissa Middleton PHONE (360)452 -2314 FAl( .(360)452 -1701 806 So Vine St -MAIL .melissa (icallisinsurance. cm INSURE 5 AFFORD 1GCOVEMGE NAIC4 IMSURERAOrecron Automobile 23922 Port Angeles WA 98362 INSURED - INSURER B: PREMISES Ea acamenca INSURERC: 2 Grade LLC INSURER D: PO Box 1570 INSURER E MED EXP(Any ane Pa ) INSURERF: A Port Angeles WA 98362 -0191 rnyFRArFS CFR71FICATF NUMRERCL1432501302 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 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 CLAIMS. INSR LTR TYPE OF INSURANCE JIM POLICY NUMBER uNDoY EFF Y LN:Y UP UNITS Middleton /NELISS 1 1 �JL 1 tJlL7L(j� GENERAL LIABILITY EACH OCCURRENCE f 1,000,000 PREMISES Ea acamenca f 100,000 X COMMERCIAL GENERAL LIABILITY MED EXP(Any ane Pa ) f 5,000 A CLAIMS-M DE OCCUR X Y 07 171563 /8/2014 /8/2015 PERSONAL&ADVINJURY f 1,000,000 GENERAL AGGREGATE f 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG f 2,000,000 f X POLICY PRO- LOC I I AUTOMOBILE LIABILITY COM&INEDD SINGLE UNIT 11000,000 BODILY INJURY (Per pasoa) f A ANY AUTO ALL OMED SCHEDULED Amos AMOS HIRED AUTOS X AMOS ED Ix X Y 07 171563 /8/2014 /8/2015 BODILY INJURY (ParacddW) f Pew PE DAMAGE f UlvsMed llnm16tamE'vled f 1,000,000 UMBRELLA LMB X OCCUR EACH OCCURRENCE f 2,000,000 AGGREGATE f 2,000,000 A X EICEssuJ%B CLMMS#IADE LIED I I RETENTION f 1 S 07 171563 /8/2014 /8/2015 A woRNERS COMPENSATION I VIC STATU- X OTN- RY U FR AND EMPLOYERS LUBIl1TY ANY PIiOMtIETOFMRARTNERIEXECUTNE OMCERAIEMBER EXCLUDED? (M AmN NH) NIA 07 171563 /8/2014 9/8/2015 EL EACH ACCIDENT 11 1,000,00 E.L DISEASE - EA EMPLOYEf f 1,000,000 EL DISEASE - POLICY UNIT f 11000,000 U °1"ON D RIPDON aF oPERAnorvs Oda. state step Gap DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A ACORD 1101, A6,000 l ReIIMU Sdxaw, I mwe spew b required) The Certificate Holder is an additional insured with respect to the General Liability as required by written contract 6 only per the terms of form: GL Master Pak CG8416 Blanket Additional Insured. See policy for all applicable terms, conditions, endorsements and exclusions. Evidence Only. Project: Quilcene Shop Replacweent - Project 4 180 543 1868 CERTIFICATE HOLDER CANCELLATION (360) 385 -9234 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Jefferson County Public Works 623 Sheridan Street AREPRESEMATIVE Port Townsend, WA 98368 Middleton /NELISS 1 1 �JL 1 tJlL7L(j� ACORD 25 (2010/05) INS112519mm51 m ©1988 -2010 ACORD CORPORATION. All rights reserved. The ar.npn nemn onA Inn. Oro eonicbreA maAre nF ar.npn