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HomeMy WebLinkAbout081814_ca03Central Services Department O Consent Agenda Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Central Services Direction Agenda Date: August 18, 2014 Subject: Contract - Sabelhaus West, Inc. Statement of Issue: The exterior of the Port Townsend Community Center is in need of paint and is budgeted to be repainted in 2014. The contract will enable Sabelhaus West, Inc. to prep and paint the building. Strategic Goals: Will improve the effectiveness and efficiency of County government. Analysis (Pro /Con): Implementing the improvements will prolong the life of the Port Townsend Community Center and ensure that it retains its value. Cost Benefit Analysis: N/A Alternatives: N/A Fiscal Impact: Cost is within the current budget Revenue Budget Line: Expenditure Budget Li Requested Action: Approve and authorize the Board of County Commissioner Chairman to sign. Reviewed By: Philip Mo , County Ad inistrator SECTION 00500 CQNTRACTFORM Port Townsend Community Center Exterior Paint Project Number 3011A300 DIVISION SPECIFICATIONS CONTRACTUAL CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this ______ 3OI4, between the C(�lJY�7Y[)F JEFFERSON, acting t� County Commissioners by virtue of Title 3�RCW,mn amended and Sabelhaus West, Inc hereinafter called the Contractor, That in consideration of the terms and conditions oouhnbnmd herein and attached and made n part m[this agreement, the parties hereto covenant and agree mmfollows: 2. The Contractor agrees to furnish all labor and equipment and do certain work, � in-vvit: That the Contractor herein will undertake and complete the following described work: Prep and Paint the exterior of the Port'rownsend Community Center for an amount up to but not to exceed the total sum nf thirty five thousand eight hundred forty two dollars and 47cents 0&35,042.47lbm accordance with and described in the 8lA Document /\2OI General Conditi0000fdbeContrnct for Construct-ion and the attached plans and specifications in the Port Townsend Community Center Exterior Paint Project Manual which are by this reference incorporated herein and made m part hereof. The Contractor shall perform any alteration bmox addition tm the work provided iu this contract and every part thereof. The Contractor shall provide and bear the expense o} all equipment, vvorkand labor o/ any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for bn this contract and every part thereof. 2. The County of Jefferson hereby pr=dses and agrees with the Contractor to employ, and does employ the Contractor tofnrnimbthegoodymndeqokpznmotdeucribedandto{uodmhUhcoaooemccwrdinghr the attached specifications and the terms and conditions herein contained, and hereby contracts to pay for the amroa according to the attached specifications and the schedule of unit mritemized 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 boordered and to pay for the same under the beroza nf this contract and the attached specifications at the time and iu the manner and upon the conditions provided for imthis 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:Vll. The Contractor shall provide tn the County Risk Manager certificates of insurance with original endmrsmmcotwa{6ecUog insurance required by this clause prior to the commencement of work to be performed, Port Townsend Community Center Exterior Paint Project Number 30119300 DIVISION 0 CONTRACTUAL SPECIFICATIONS SECTION 00500 CONTRACT FORM 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 Conti-actor, 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. �AlcrYcrs Cotnpcnsatior. 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(l) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two ii-dllion 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. M Port Townsend Community Center Exterior Paint Project Number 3Ol19SUO DIVISION SPECIFICATIONS CONTRACTUAL SECTION 00500 CONTRACT FORM Any deductibles mn self-insured retention shall bedeclared to and approved by the County prior to the approval of the contract by the County. At the option of the Couuty, the insurer shall reduce or eliminate dedmrdldao or self-insured retention or The Contractor obm|I 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 nbmO furnish separate certificates and endorsements for each $ubconbachoz. All insurance provisions for subcontractors shall he subject to all of the requirements stated herein. Failure mf The Contractor (o take out and/or maintain any required inwormoceebnllootrmlieveThe Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise lindt the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (inclmdbmgits eo�pl being d`ebnteoUomof the pwr�eothat the insurance policies mo affected shall protect both parties and be primary cmverageforanyundoDloaaeo covered by the above described insurance. Die 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 pren-domw 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 wmanzued by and beat the sole risk mf the Contractor. )tin agreed hv the parties that judgments for which the Cmomh, may be liable, in excess u{insured nouomzdapxnvidedh'rcin;oranYportiuodxerenf,maybe*vitbheldfroolpaymeotdue,ozhmbmconzedue, to The Contractor until such time as the [mzboctnr shall furnish additional mzcozitv covering such judgment av may be determined 6v the County, 36e County reserves the right to negouet additional insurance on an individual basis for extra hazardous contracts and specific service agreements. A�insurance coverage for tb�d p��Gab��,�a�� provided ��eCmu�bva "Risk Pm/� created pursuant tn[K48.62 XCYV shall bm non-contributory vnithnespecktmany policy o/ insurance the Consultant must provide in order to comply with this Agreement. If the proof of &zmooanue or certificate of coverage indicating the County is an "additional insured" to policy obtained 6v the (�QomsltVntrefers tnaaend0r8enoent (by mnombeonroacua) but does not provide the full textoIthaiendorsement, then it shall ba the obligation cdthe Consultant 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 CuontYumu�,��on�he��mmsu�mu�mfaUnzetnconmplyvvidruU provisions of this coobmct - relating to insurance, withhold payment ozconpemua timm that would otherwise be d oe to the Consultant. 10 Port Townsend Center Exterior Paint Project Number 3O1lg30U DIVISION SPECIFICATIONS CONTRACTUAL SECTION 00500 CONTRACT FORM �. The Contractor shall cocop|rn/idh a�Fedeza�Stmh�and local laws and ordinances ap tuUze vvorktnbcdoneundcz�ds' Agreement, This Agreement shall be interpreted and construed bz 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, mr suits at law nz equity arising io whole ocim part, directly or indirectly, from the Contractor's neul' - �U encenr�����bo[euyof�V�gotiono under this f\gr � �emeu provided that nothing herein shall require o Contractor to indemnify the County against and hold harmless the CoontYtr�rnclmiozm demands nzauitxbpwcdmululYoVmothecnndoctntdbe(�ounh6it$ nu offbrers,�p}myeem- 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 inden-mity provision with respect bo claims orsuits based upon such nogligmoce and/ or[6.- costs to the County 31' defending such clmicnn and suits, etc.,shall bo valid and enforceable only to the extent uf the Contractor's negligence, or the negligence of the Contractor's agents or l 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 mn infringement nf any copyright, patent, trademark, trade name, mrotherwise results bzan unfair trade practice oram unlawful restraint ofcompetition, The Contractor specifically assurnes 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 nn dcr the state industrial inmocauce law, Title 5l D,C'VY. The Contractor recognizes Lbmttbionmxvervvos specifically entered into pursuant to provisions cf R.['V9.4.Z4.2I5 and was subject of mutual negotiation, 6. The Contractor's relation ho 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 mf the Contractor uz other persons engaged bmthe performance of any vvvr& or service required of the Contractor under this Agreement shall be considered employees of the Cmobacbzz only and any claims that may arise on behalf of or against said employees ebaD be the mole obligation and responsibility nfthe Contractor. 7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the CVonh/ or its authorized representative. /\mmignuzeot does not include printing or other customary reimbursable expenses that.imay be provided in an agreement. / 8. Nothing tn 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 cd$35,00O D Port Townsend Community Center Exterior Paint Project Number 30119300 DIVISION 0 CONTRACTUAL SPECIFICATIONS SECTION 00500 CONTRACT FORM 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. 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 August 11' 12014 Contractor Sabeihaus West, in(;. By: Nick Sabel'haus, President (Please Print) (Signature) SABELW1975IR2 State of Washington, Contractor Registration Number SEAI., ATTEST Carolyn Avery Deputy Clerk of the Board COUNTY OFJEFFFRSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W, Sullivan, Member as to 4fm only: 0 Pr,0"V, e( .z David Alvarez Date Deputy Prosecuting Attorney END OF SECTION 00500 IPA