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HomeMy WebLinkAbout100614_ca04Central 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: October 6, 2014 Subject: Contract - Sabelhaus West, Inc. Statement of Issue: The exterior of the Port Townsend Community Center Gymnasium 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 Gymnasium and ensure that it retains Cost Benefit Analysis: N/A Alternatives: N/A Fiscal Impact: Cost is within the current budget Revenue Budget Line: Expenditure Budget L prolong the life of the Port Townsend Community Center its value. Requested Action: Approve and authorize the Board of County Commissioner Chairman to sign. Reviewed By:, p Morley, my Ad 'n' or SECTION 00500 CONTRACTFORM Port'rownseiidCmnmunity Center Gymoasium Exterior Paint Project Nunober3O11VD10 DIVISION CONTRACTUAL SPECIFICATIONS CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this 2014, between the CODN'ryOP JEFFERSON, acting through the Jefferson County Commissioners Linder and by virtue of Title 3�RCW, as an-tended and Sabelhaus West, Inc. hereinafter called the Contractor. That in consideration of the tern-is and conditions contained herein and attached and made apart of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipirtent and do certain work, to-wit: That the Contractor lzenainwill undertake and complete the following described work: Prep and Paint the exterior of the Port Townsend Cornirmnity Center Gymnasium for an amount up to but not to exceed the total sum of thirty nine thousand, two hundred twenty dollars and 91 cents ($39,220.91.) in accordance with and described iothe AlA Document A201. General Conditions of the Contract for Construction and the attached plans and specifications in the Port Townsend Community Center Gymnasium Exterior Paint Project Manual which are by this reference incorporated herein and inade 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 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. After execution uf this Agreement, changes ho the scope of work required hereunder may be accomplished and memorialized by a change order, which shall be a written order to Contractor frorn the Project Manager no behalf of the County. Inoo event will a change order or orders approved by the Project Manager Linder this Agreement add CU in Lila tively more than ten percent (10%) to the total compensation due Lo the Contractor pursuant to the original Agreement. Any change order orchange orders that would add cumulatively more than ten percent (10%) to the originally agreed-upon total compensation due tu the Contractor shall require m separate written amendment to the Agreement tobc executed by the County and the Contractor, 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, atthe time and in the manmer and upon the condition provided for iothis cmntr0ct. 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. SECTION 00500 CONTRACT FORM Port Townsend Community Center Gymnasium Exterior Paint Project Number 30119310 DIVISION CONTRACTUAL SPECIFICATIONS 3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree ho the full performance of all the covenants herein coptaimed upon the part of the Contractor. 4. Prior tocommencing 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 ANIL T he Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements aHecMmg 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 nrniaheriaJ change iu 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 bemdtl-dield until all such requirements have been met,uroLthe option o[ 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 bv contract number mr some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation mmd Employers 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 Lia ) - with a minimum limit per occurrence of one million dollars 81, and uo aggregate of not less than two million dollars for bodily injury, death and property damage unless otherwise specified iuthe contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate un die certificate mf 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 operadoom (contractors only); 4. Premises - Operations Liability (M&zC),- 5. Independent Contractors and Snbcontrorhnr*;mmd 6, Blanket Contractual Liability. (I)Note: The County pboU be named as an additional insured party under this C. Automobile 0- with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified bm the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: SECTION 00500 CONTRACTFORM Port'Fownsend [ommmnity Center Gymnasium Exterior Paint Project Nnnxher3AIl93I8 DIVISION CONTRACTUAL SPECIFICATIONS 1. Owned automobiles; 2. Hired and, 3. Non-owned automobiles. (2) Note: The County shall be named aomo additional insured party under this policy Any deductibles oc 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 obaU reduce or eliminate deductibles or self-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 x*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 cdThe 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 1a agreed by the parties that insurers mbaD have no right- of recovery or subrogatiort against ibe County (including its employees and other agent,,; and it being the intention o/ the parties that the insurance policies ao affected shall protect both parties and be primary co*ermgeforonynndmUluaaee covered by the above described insurance. It is further agreed by the parties that insurance companies lmu1m8 the policy or policies shall have no na«worse against the County (including its employees and other agents and agencies) for payment of any p,emuinooa 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 he at the sole risk o/ the Contractor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured aouoonLo provided herein, or any portion thereof, may bewithheld from payment due, orbn become due, to The Contractor uud1 such time as the Contractor shall furnish additional security covering such judgment um may be determined bn the County. The County reserves the right tn request additional insurance omao 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 Consultant rnust provide in order to comply with this Agreement. 8 the proof of insurance m certificate ofcoverage indicating the County is an "additional insured" to policy obtained by the Consultant refers toou endorsement (by number oruozne) but does not provide the 10 SECTION 00500 CONTRACTFORM Rozt7owmend[*minmnity Center (ymoasium Exterior Paint Project Nun`her3V|l93U0 DIVISION CONTRACTUAL SPECIFICATIONS full text of that endorsement, then it shall bethe obligation o[ the Consultant to obtain the full text of that endorsement and forward that full text to the County within 30days of the execution m[this Agreement The County may, upon the Consultant's failure to comply with all provisions of this contract relating bo insurance, withhold payment wr compensation that would otherwise be due hu the Consultant, 5. The Contractor shall cornply with all Federal, State, and local laws and ordinances applicable to the work bobe done under this Agreement. This Agreement shall be interpreted and construed bu accord with the laws of the State of Washington and venueshall be in Jefferson County, WA. The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless fmznz and shall process and defend mt its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising hn whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its obligations tinder this Agreen-lent; provided that nothing herein shall require u[outrartor to indemnify the County against and bold harmless the County from claims, dcnnamdm or suits based solely upon the conduct ofthe Cmonh/' its officers, employees and agents, and; provided further dtat 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, ezuo\ayeem and agents, tl-ds indemnity provision with respect to claims or suits based upon such negligence, and/or the costs hothe County of defending such claims, and suits, ehc,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 ko assertions that die use and transfer cd any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes au infringement cd any copyright, patent, trademark, trade nalne,orotherwise results in an unfair trade practice or an unlawful restraint of competition. The Contractor specifically asemozea potential liability for actions brought against the County by Contractor's employees, including all other persons engaged hzthe performance mf any work n«service required of the ContTactor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any irnmunity under the state industrial insurance law,Title 51 K.C.VV. The Contractor recognizes that this waiver wasspecifically entered into pursuant to provisions of REM, 4,24.1.15 and was subject o/ mutual negotiation, 6. The Contractor's relation to the County shall beat all times as an independent Contractor, and nothing herein contained shall be construed tocreate 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 oegniocd of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise nn behalf o{or against said employees shall he the sole obligation and responsibility ofLbeContractor. 11 CONTRACT FORM Port Townsend Community Center Gymnasium Exterior Paint Project Number 30119310 DIVISION 0 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 DIVISION 0 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 9130/2014 02014 Sabelhaus West, Inc. ... ........ Contractor By: Nick Sabelhaus, President (Please Print) (Signature) SABELW1975R2 State of Washington, Contractor Registration Number AT EST Carolyn Avery Deputy Clerk of the Board COUNTY OF JEFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to form only: I David Alvarez Date Deputy Prosecuting Attorney END OF SECTION 00500 M