HomeMy WebLinkAbout071315_ca04Department of Public Works
O Consent Agenda
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: July 13, 2015 �'`e
Subject: Execution of Contract with Lakeside Industries, Inc. for Upper Hoh
Road MP 3.9 Paving Repair, County Project No. X01957, County
Road No. 914207, Federal Aid No. ER- 1501(009)
Statement of Issue: Execution of Contract with Lakeside Industries, Inc. for the Upper
Hoh Road MP 3.9 Paving Repair.
Analysis /Strategic Goals /Pro's ft Con's: This contract provides for the repair of Upper
Hoh Road in Jefferson County at milepost 3.9 by repaving a roadway section that was
damaged during emergency repairs that took place during November 2014.
Fiscal Impact /Cost Benefit Analysis: Cost is $32,970. Construction will be funded at
100% by the Federal Highway Administration.
Recommendation: Public Works recommends that the Board execute all three (3)
originals of the Contract and return two (2) originals to Public Works for further
processing.
Department Contact: Mark Thurston, P.E., Project Manager, 385 -9160.
Reviewed By:
Philip Morley, , County Administrator
Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of 20_, between the COUNTY
County Commissioners OF JEFFERSON, acting through the Jefferson missioners and the Director of Public Works under and by
virtue of Title 36, RCW, as amended and Lakeside Industries, Industries, Inc. of Port Angeles, Washington 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 contract provides for the repair of Upper Hoh Road in Jefferson County at milepost 3.9 by repaving a roadway
section that was damaged during emergency repairs. The work includes famishing and installing Hot Mix Asphalt,
Paint Line, providing temporary traffic control, and other work in accordance with the attached Contract Plans,
these Contract Provisions, and the WSDOT Standard Specifications.
for the total sum of Thirty two thousand nine hundred seventy dollars ($32,970.00) in accordance with and as described in
the attached plans and specifications and the Standard Specifications of the Washington Department of Transportation 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: Contract time shall begin on the first working day
following the Notice to Proceed Date. Beginning with the first working day, the project shall be physically complete within
10 working days.
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.
Revised 3,2015 Page I of 7
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:
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.
Revised 3201 5 Page 2 of 7
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 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.
Revised 32015 Page 3 of 7
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.
Revised 3/2015 Page 4 of 7
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 ,utvt 29 20 tZ
Contractor:
L4K..as:da._- T— nrJuSirie-S Mnc..
(Please print)
By: M iKt MG C.S
(Please print)
(Signature)
I —AK6sa + 274J D
State of Washington, Contractor Registration Number
COUNTY OF
BOARD OF C
131
David V)y tlljvAja, Chair
Phil
Kathleen Kler, Member
pproved as to rm only:
Uu . 04,v, 6 1K116
David Alvarez Date
Deputy Prosecuting Attorney
MonteUemders, P.E. Date
Public Works Director /County Engineer
Revised 312015 Page 5 of 7
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.
L 4K,e—Sit,2 =nJus+r,'e-S =nc-
Name of Contractor (Please print)
Name and Title of Authorized Representative (Please print)
Signature of Authorize Representative
❑ I am unable to certify to the above statement. An explanation is attached.
Revised 3/2015 Page 6 of 7
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That , of , as Principal, and
as Surety, are jointly and severally held and bound unto the COUNTY OF
JEFFERSON, the penal sum of Dollars ($ ),
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 conditio of this bond is such that WHEREAS, on the day of , A.D., 20—__, the said
Principal herein, executed a certain contract with the County of Jefferson, by the
terms, conditions d r ' io s w ' contract the said , Principal herewith, agrees to
furnish all materials and do ai ork, I'N e said Principal herein will undertake and complete the following
described wor :
in Jefferso n County,
Washington, as per d specifications ma f i ct, which contract as so executed, is hereunto
attached, and is now referre d b ce is incorporate i art hereof as full for all purposes as if
here set forth at length. 0 O
NOW THEREFORE, if the Principal er ' h f d truly obs co e terms, conditions
and provisions of said contract, in all respects and s w 1 n troy lly do and perf a things by the
said Principal undertaken to be performed under said contrac , t e pr osed therein, and prescribed
therein, and until the same is accepted, and shall pay all laborers, t tors and maten al d all persons
who shall supply such contractor or subcontractor with provisions and sup e c g on of such wor , d shall in all
respects faithfully perform said contract according to law, then this obligation v i , otherwise to remain in full force and
effect.
WITNESS our hands this day of
PRINCIPAL
Revised 3/2015 Page 7 of 7
20
SURETY COMPANY
By:
By:
Attorney -in -fact
Address of local office and agent
of surety company:
CONTRACT REVIEW FORM
CONTRACT WITH: (To be determined)
(Contractor /Consultant)
CONTRACT FOR: Upper Hoh Road MP 3.9 Paving Repair TERM: Duration of work
COUNTY DEPARTMENT: Public Works
For More Information Contact: Mark Thurston JUN 1
Contact Phone #: (360) 385 -9210
RETURN TO: Mark RETURN BY: 6/22/15
(Person in Department)
AMOUNT: $33,300 (Engineers Estimate) PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
180000010.333.20.21
180000010.545.00.48
Yes
100% FHWA
Step 1: REVIEW BY
Review by:
Date Reviewed:
APPROVED FORM
Comments
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
X Small Works Roster
Vendor List Bid
RFP or RFQ
Other
❑ Returned for revision (See Comments)
Step 2: 15 IZ15 REVIEW BY PROS. CUT'ING AT NEY
Rev ew by: 9 '
p,TC y ,i David Alvarez
�pN � omAE— Reviewed: t4
'f S TO FORM
? — ❑ Returned for re sion ( 4e Comments)
nts
Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTORICONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.)
rev. 6/10/2013