HomeMy WebLinkAbout062716_ca02Department of Public Works
O Consent Agenda
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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: June 27, 2016
Subject: Transfer Station and MRW: Prepare and Paint Project
Execution of Contract
Project No. 401 594 1982
Statement of Issue: Execution of Contract for Construction with Mattila Painting Inc.
of Monroe, WA, for construction services at the Transfer station and MRW Prepare and
Paint Project.
Analysis/Strategic Goals/Pro's tt Con's: Bids were obtained via competitive sealed
bids. The award has been made to Mattila Painting Inc., the lowest responsible and
responsive bidder.
Fiscal Impact/Cost Benefit Analysis: The low bid is for the contract amount of
($296,209.68) including WSST.
Recommendation: We recommend that this Contract for Construction be signed by
the Board. Please sign and return (2) originals to Public Works, retaining one original
for your records.
Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385-9380
Reviewed By:
Philip Morley, bounty Administrator Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this _ . day of`/ e_fto , 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 Mattila Painting, Inc. of Monroe, 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:
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:
The scope of work is to prepare and paint the structural steel and secondary framing of the Jefferson County Transfer
Station, located at 325 Landfill Road. in Jefferson County, WA; and the Moderate Risk Waste Facility located at 282 Tenth
Street., in the Boat Haven Marina, Port Townsend, WA. In addition, the work includes incidental sheet metal, screening
and gutter work.
For the total sum of Two -Hundred ninety-six thousand, two -hundred and nine and 69/100
dollars ($296,209.68) 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: within a (70) Calendar Days after 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 an 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.
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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
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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.
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
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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.
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.
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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 �, , - '74K- , 2016
Contractor:
,00W7rr1iZ zn4
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
Phil Johnson, Member
David W. Sullivan, Member
pproved to form ply: h
(w"
David Alvarez Date
Deputy Prosecuting Attorney
zi, // 41
Monte , . bad
Public Works Director/County Engineer
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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)
—2 h
Title of Authorized Representative (Please print)
Signature o�Authonae Representative
❑ I am unable to certify to the above statement. An explanation is attached.
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BOND NUMBER: 3822228P
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS: 98272
That Mattila Painting, Inc. , of 14911 Chain Lake Road PMB 443 Monroe, WA. as
Principal, -and Developers Surety and Indemnity Company , as Surety, are jointly and severally held and bound unto the
COUNTY OF JEFFERSON,. the penal _sum .of Two Hundred Ninety Six Thousand Two Hundred Nine & 68/100 Doily fS
), for thepayment of which we jvirrtiy 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 6th day of June , A.D.; 20161 the said
Mattila Painting, Inc. , Principal herein, executed a certain contract with the County of
Jefferson,. by the terms, conditions and provisions of which contract the said Mattila Painting, Inc.
Principal bmcwitk agrees to fur ish all -materials -and do certain work, to -wit: The -the said Principal herein w0l
undertake and complete the following described work:
The scope of work is to prepare and paint the structural steel and secondary framing of the Jefferson County
Transfer Station (off of Jacob Miller Rd_ in Jefferson County, VITA) and the Moderate Risk Waste Facility
located in. the Boat Haven Marina, in Port Townsend, WA. In addition, the work. includes incidental sheet
metal, screening and gutter work, in Jefferson County, Washington, as per maps, plans and specifications made a
part of said contract, which pact as so executed is hereuato 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 hese 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 fiilly do and perform al l 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 fiill force and effect.
WITNESS our hands this 10th day of June . 2016
Mattila Painting, Inc. Developers Surety and Indemnity Company
PRINCIPAL SURETY COMPANY
By: 9By: Jeffrey L. Stewart
61.Fi;�7 -1 -
Address tl M' 11
of Surety company:
McDonald Insurance Group, Inc.
P.O. Box 3089
Kirkland, WA. 98083
CxkPw CTPWSolid WasmkTS do MRWtiCoat mqt t L:U3v,16--rmu=-M and ,%ikW.dr= Rcvisad 1t2016 Pegs 7 of
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY.OF.CALIFORNIA
PO Box 19725, IRVINE, CA92623 (949) 263-3300
KNOWALL BYTHESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
"'Keith Bean, Frank S. McAllister Jr., Phil Rach, Jeffrey L. Stewart, John Gunn, jointly or severally—
as their true and lawful Attomey(s)4n-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Aftomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Atlomey(s)-in-Fad, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any tyro of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the allomey(s) named in the Power of Attomey to exeate, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Altomey;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or to any certificate relating thereto by facside, and any such
Power ofAtlomey or certificale bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015.
By: �ju v� ��.c,( AND 14, OPO
G
MpAN YO�c
Daniel Young, SeniorVice-President -c�G 5J Go�O
OCT. �rF �2 �G Op,q�T 9
' -4LU
_ �o
By: 4 0 1936
Mark Lansdon, Vice -President �7� /OWN a
O
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On January 29, 2015 before me, Lucille Raymond, Notary Public
Date Here Insert Nang and We of Ere 015cer
personally appeared Daniel Young and Mark Lansdon
Name(s)olSigner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed
to the within instrument and acknowledged to me that helsheAhey executed the same In Ns/her/their authorized
capacity(tes), and that by hislherltheir signature(s) on the instrument the person(s), orb entity upon behalf of
LUCILLE RAYMOND I which the person(s) acted, executed the instrument.
Commission 0 2061945
i + Notary Public - California i I certify under PENALTY OF PERJURY under the laws of the State of California that Ore foregoing paragraph is
z Orange County We and correct.
My Comm. Ex Tres Oct 13, 2018
WITNESS my hand and official seal. G�
Place Notary Seal Above Signature QOW4
Luall tylyllond. Notary Public
CERTIFICATE
The undersigned, as Secretary orAssislant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 10th - day of June , 2016
By. ( ,
Cassie J. risford,AssistantSe (ary
ID-1380(Rev.01115)
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--QU.r,zJelea" 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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