HomeMy WebLinkAbout051115_ca03Department of Central Services
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Frank Gifford
Central Services Director
Agenda Date: May 11, 2015
Subject: Jefferson County Jail Fire Alarm Replacement Project
Statement of Issue: Execution of Contract for Construction with North Shore Electric,
Inc. of Olalla, WA for the Jefferson County Jail Fire Alarm Replacement Project. This
Contract will upgrade the Fire Alarm system at the Corrections Center.
Analysis /Strategic Goals /Pro's 8 Con's: (2) Bids were obtained via competitive
sealed bids. The Award of Contract was made by the BoCC on April 20. This Award
was made to the lowest responsible and responsive bidder.
Fiscal Impact /Cost Benefit Analysis: The low bid is for the Base Bid contract amount
of ($134,615.00) including WSST. The new Fire Alarm System will upgrade safety at
the JC Jail facility.
Recommendation: We recommend that this Contract for Construction be signed by
the Board. Please sign and return (2) originals to my attention at Central Services,
retaining one original for your records.
Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385 -9380
Reviewed By:
Philip Morley, a my Administrator
5-11211<
Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of , 2015, between the COUNTY OF
JEFFERSON, acting through the Jefferson County Commissioners under and by virtue of Title 36, RCW, as amended and
North Shore Electric, Inc. of Olalla, 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:
I . 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: This project will replace the existing Fire Alarm Control panel
at the Jefferson County Corrections Center (Jail). Including new remote annunciators, testing and replacement and wiring
upgrades. for the total sum of One hundred thirty -four thousand, six hundred and fifteen dollars even ($134,615.00) 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: The Contractor shall complete the described work as
follows: Work to be substantially complete within 90 calendar days from 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 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.
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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:
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.
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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 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.
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.
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For contracts of $35,000 or less, the County and the Contractor may agree that in -lieu of the Bond; the County
will withhold 50% of the Contract amount in accordance with RCW 39.08.010. The Contractor will indicate this option
on Exhibit A.
9. The Contractor will declare management option of the statutory retained percentage on Exhibit B.
Page 4 of 8
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 � I �) (D 12015
Contractor:
(Please print)
By:
(d'lea,s� l�ri�at
(Signature)
( V�rcd
c e0k SC't UN _
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
David W. Sullivan, Chair
Phil Johnson, Member
Kathleen Kler, Member
A ov as to `o only:
�, 15
David Alvarez 0 liate
Deputy Prosecuting Attorney
Page 5 of 8
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.
Nr�v 'Skof-e" C-A'tu cvC 1% - K__ �c u
Name of Contractor (Please print)
Name and Title of Authorized Representative (Please print)
Signature of Authorize Representative
I GCS
I am unable to certify to the above statement. An explanation is attached.
Page 6 of 8
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON BOND # 9818952
KNOW ALL MEN BY THESE PRESENT'S:
That of VALLI RD. SE, OLALLA, WA 98359 as Principal, and
RE ELECTRIC, INC. 14590 CA
LEXON INSURANCE COMPANY , as Surety, are jointly and severally held and bound unto the COUNTY OF
JEFFERSON, the penal sum of ONE HUNDRED THIRTY FOUR THOUSAND SIX HUNDRED FIFTEEN ........................ Dollars
($_134,615.. 00 ), for the payment of which we jointly and severally bind ourselves, or heirs, executors,
administrators, and assigns, and successors and assigns, firmly by these presents.
The condition of this bond is such that WHEREAS, on the 23RD day of APRIL , A.D., 2015, the said
NORTH SHORE ELECTRIC INC , Principal herein, executed a certain contract with the County of Jefferson, by the
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...... .._ _ --- - - -- --
terms, conditions and provisions of which contract the said NORTH SHORE ELECTRIC, INC. 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:
This project will replace the existing Fire Alarm Control panel at the Jefferson County Corrections Center (Jail).
Including a new remote annunciator, testing and replacement and upgrades to the existing wiring.
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 23RD day of„ APRIL
NORTH SHORE ELECTRIC, INC.
PRINCIPAL
LIN
2015
LEXON INSURANCE COMPANY
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By:, _ n. �'.m
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B ROBERT D. DA...... .666 VENPORT
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Attomev -in -fact
Address of local office and agent
of surety company:
LEXON INStNIA:NC1;; COMPANY
155 NE LOOT .
H STREET, SUITE 201
SEATTLE, WA 98125
IOJCSC: Wire alarm panehContractt04221.i 10 FARP Contract. doc X Revked 2121/14 Page 6 of
POWER OF ATTORNEY t
LEXON INSURANCE COMPANY
KNOW ALL MEN RY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation with its
principal office in Louisville. Kentucky, does hereby constitute and appoint: ROBERT D. DAVENPORT
its true and lave ful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety. and as its act and deed a
issued on behalf of NORTH SHORE ELECTRIC, INC.
penal suns of S 134,615.00
under bond or undertaking number 9818952
as principal in the
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of
LEXON INSURANCE COMPANY" on this I'' day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the
Company or other person or persons as Attorney -in -Fact to execute on behalf of the Company any bonds. undertakings, policies.
y g g 1.3.`x., 615. 0. 0 ................. ............................... which the
contrasts of indemnity or other writings obligatory in nature of a bond not to exceed S
Company might execute through its duly elected officers, and affix the seal of the Company hereto. Any said execution of such
documents by an Attorney -in -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by
the regularly elected officers of the Company. Any Attorney -in -Fact, so appointed. may be removed for good cause and the
authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of
attorney granted, and the signature of the Vice- President, and the seal ofthe Company may be affixed by facsimile to any
certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and
binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any
bond or undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its
President, and its Corporate Seal to be affixed this 2 "`1 day of July, 2003.
On this 2 "d day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed
the above instrument, that he executed said instrument on behalfofthe corporation by authority ofhis office under the By -laws of
said corporation.
�,r'' "t?•",r,
Notary Public "�.
&rtavv�
CERTIFICATE
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Louisville, Kentucky this 23RD Day of,APRIL 2015
Philip Gregory Lauer
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, tiles an application
for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading.
information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to
criminal and civil penalties."
LEXON INSURANCE COMPANY
rrrdr+�r,,.
a
I
BY ".
:AIx
'd E Campbell��—
David
r
President
ACKNOWLEDGEMENT
On this 2 "d day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed
the above instrument, that he executed said instrument on behalfofthe corporation by authority ofhis office under the By -laws of
said corporation.
�,r'' "t?•",r,
Notary Public "�.
&rtavv�
CERTIFICATE
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.
Signed and Sealed at Louisville, Kentucky this 23RD Day of,APRIL 2015
Philip Gregory Lauer
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, tiles an application
for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading.
information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to
criminal and civil penalties."
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 50 IS 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 time 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
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