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From:
Agenda Date:
Subject:
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
Board of Commissioners
Philip Morley, County Administrator
Monte Reinders, P.E.
Public Works Director/County Engineer
April 11, 2016
<*--. �F- t(• P -(Pers
Execution of Contract for Pavement Marking on Jefferson County
Roads in 2016
Statement of Issue:
Execution of Contract with Stripe Rite, Inc. of Sumner, WA for pavement marking services on
County roads in 2016.
Analysis/Strategic Goals/Pro's Ft Con's:
The Board awarded a bid to the above party on March 21, 2016 for pavement marking services
on Jefferson County roads. The pavement marking program is consistent with County goals in
that it provides for preservation of traffic control infrastructure on County roads.
Fiscal Impact/Cost Benefit Analysis:
Contracted pavement marking services are accounted for in the Public Works 2016 Road
Operations Budget. The Estimated Contract amount for this one (1) year contract is
$229,884.65.
Recommendation:
Public Works recommends the Board execute the contract for pavement marking services with
Stripe Rite, Inc., and requests the Board to sign the three (3) Contracts where indicated, and
return two (2) signed original Contracts to Public Works for final processing.
Department Contact: Dale Seward, Eng -1;
Reviewed By:
Philip Morley+ C my A istr
385-9353
� 1141,1-1 /� �- I
Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this _ day of , 2016, 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 STRIPE RITE, INC. of SUMNER, 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:
Furnish all labor, equipment and materials necessary to complete Pavement Marking on Jefferson County
Roadways for Calendar Year 2016
for the total sum of two hundred twenty nine thousand, eight hundred eighty four and sixty five hundredths dollars
($229,884.65) 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: Work under this contract shall commence upon
written Notice to Proceed by the County to the Contractor and shall be physically complete as called out in the
Specifications and Contract Documents Special Provisions.
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.
2016 Pavement Marking Pagel of 8 Revised 1/2016
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.
2016 Pavement Marking Page 2 of 8 Revised 1/2016
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.
2016 Pavement Marking Page 3 of 8 Revised 1/2016
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 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.
The Contractor will declare management option of the statutory retained percentage on Exhibit B.
2016 Pavement Marking Page 4 of 8 Revised 1/2016
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 20 �S
Contractor:
(Please print)
By: s 1-c✓ve4l
Please p t)
�-
(Signature)
LTt i. jotj [,;� / STM
State of Washington, Contractor Registration Number
2016 Pavement Marling
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
Phil Johnson, Member
David W. Sullivan, Member
Ap roved as to fa nly:
David Alvarez Date
Dep,;ty 11rosecuting Attorney
Page 5 of 8
fmders,' P.E. ' t Date
orks Director/County Engineer
Revised 1/2016
q
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.
Name of Contractor (Please print)
pros 1
Name anKitle of A31W6zed Representative (Please print)
Signature of Authorize Representative
❑ I am unable to certify to the above statement. An explanation is attached.
2016 Pavement Marking
Page 6 of 8
Revised 1/2016
CONTRACT BOND Bond No. WAC54145
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Stripe Rite. Inc. , of Sumner. WA , as Principal, and
Merchants Bonding Company (Mutual) , as Surety, are jointly and severally held and bound unto the COUNTY OF
JEFFERSON, the penal Sum Of Two Hundred Twenty -Nine Thousand Eight Hundred Eighty -Four' Dollars ($I29,884.65 )�
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. 'and 65/100ths
The condition of this bond is such that WHEREAS, on the 21st day of March , A.D., 2016_, the said
Stnpe Rite, Inc. , Principal herein, executed a certain contract with the County of Jefferson, by the
terms, conditions and provisions of which contract the said Stripe Rde, Inc. , Principal herewith, agrees to
famish all materials and do certain work, to -wit: That the said Principal herein will undertake and complete the following
described work:
Pavement Marking on Jefferson County Roadways for Calendar Year 2016, County Project No. 180 542 1994 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 materiahnen, 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 29th day of March , 2016 .
Stripe Rite, Inc
PRINCIP
By:
eve, Pa/\,
Merchants Bonding Company (Mutual)
SURETY COMPANY r
By _
By: Julie R Truitt,
Attomey-in-fact =
Address of local office and agent
of surety company:
Propel Insurance
1201 Pacific Avenue. Suite 1000
Tacoma, WA 98402
2016 Pavement Marking Page 7 of 8 Revised 1/2016
MERCHANTSS�
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC , both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint,
individually,
Aliceon A Keltner; Annelies M Richie; Brandon K Bush; Brent E Heilesen; Carley Espiritu; Christopher Kinyon;
Cynthia L Jay; Eric A Zimmerman; James B Binder; Jamie Diemer; Jennifer L Snyder; Julie R Truitt; Karen C
Swanson; Kyle Joseph Howat; Peggy A Firth; Tamara A Ringeisen
their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings
and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of
FIVE MILLION ($5,000,000.00) DOLLARS
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the
Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants
National Bonding, Inc, on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attomeys-m-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recogrnzances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of
Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed "
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company
of any of its obligations under its bond
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attomey-m-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 25th day of February 2016
'.,p...U1.•hry . • 06-e, MERCHANTS BONDING •
*�,•' A��grrgL ',1- •• �\NG CQ�•.• MERCHANTS NATIONAL CBONDING OMPANY(NC. UAL)
.y:2 ems;
1933 : e:
= V : J' Q :• By
STATE OF IOWA °''AI/•n,,.1.11.1�``,,, • • • • . • . • • •
COUNTY OF Dallas ss President
On this 25th day of February 2016 , before me appeared Larry Taylor, to me personally known, who being by me swom did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC, and that the seals affixed
to the foregoing instrument are the Corporate seals of the Companies, and that the said instrument was signed and sealed in behalf of the
Companies by authority of their respective Boards of Directors
�Pa'Ars WENDY WOODY
Commission Number 784654
Z
• My Commission Expires
P June 20 2017
Notary Publ, , County, Iowa
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked pA'u1-
In Witness Whereof, I have hereunto set my hand and affixed, the seal of the Companies on this 9,(p] 'I""day of M&th 2PI (p
,,,•,...1111/•iq,01j _ v . • . • .....
ft ;�4p p�qq _ 0-m0a P. Op 9q"� ••: !/�/� Z�wwt�i
- • z : • - Ilk
_ : 3. Secretary
'S :z: •a - ,.1933 c•
POA 0014 (6/15)
1�,
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 A6 8 l 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
2016 Pavement Marking
Signed
Page 8 of 8
Revised 1/2016