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HomeMy WebLinkAbout050117_ca02Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E. Public Works Direc r/County Engineer Agenda Date: May 1, 2017 Subject: Execution of Contract for; Pavement Marking on Jefferson County Roads in Calendar Year 2017 Statement of Issue: Execution of Contract with Affordable Asphalt Company of Tumwater, WA, for the project referenced above. Analysis/Strategic Goals/Pro's Et Con's: The Board awarded a bid for 2017 pavement marking services to the above named party on April 3, 2017. 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 2017 Road Operations Budget. The Estimated Contract amount for this one (1) year contract is $191,755.50. Recommendation: Public Works recommends the Board execute the contract for pavement marking services with Affordable Asphalt Co., 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: Reviewed By: Dale Seward, Eng -1; ip Morley,ou y Admini 385-9353 Date CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT made and entered into this _ day of , 2017 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 Affordable Asphalt Company of Tumwater, 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 2017, for the total sum of one hundred ninety-one thousand, seven hundred fifty-five and fifty one -hundredths dollars ($191,755 50) 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 \\CASTLEHILL\group\Publicworks\PW ROADS\I STRIPING & PAVEMENT MARKING\2 Annual Stnpmg Pavement Marking Pmgrams\2017 Pavement Marking\B BOCC & Contract Award\2017 Pavement Marking Contract docx Revised 1/2017 Page l of 8 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 mform 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(l) - with a nummum limit per occurrence of one nullion 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 $1000 000 for bodily mjury, 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-msured 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 elummate deductibles or self-insured retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations claim admlmstration and defense expenses The Contractor shall include all subcontractors as insured under Its insurance policies or shall furmsh separate certificates and endorsements for each subcontractor All insurance provisions for subcontractors shall be subject to all of the requirements stated herem 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 compames 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 \\CASTLEHILL\group\Publicworks\Pw ROADS\i STRIPING & PAVEMENT MARKING\2 Annual Striping Pavement Marking Programs\2017 Pavement Markmg\B BOCC & Contract Award\Construction Contract docx Revised 1/2017 Page 2 of 8 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 \\CASTLEHILL\group\Publicworks\Pw ROADS\1 STRIPING & PAVEMENT MARKING\2 Annual Striping Pavement Marling Programs\2017 Pavement Markmg\B BOCC & Contract Award\Construction Contract docx Revised 1/2017 Page 3 of 8 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 \\CASTLEHILL\group\Pubhcworks\PW_ROADS\1 STRIPING & PAVEMENT MARKING\2 Annual Striping Pavement Marking Programs\2017 Pavement Marling\B BOCC & Contract Award\Construction Contract docx Revised 1/2017 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` 1 `1 , 2017 Contractor ,ase print) By (Please print) Ger 4.,— (Signature) CT . �, S-13N:� State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler Chair Kate Dean Member David W Sullivan Member Approved as to form only Michael Haas Datb Prosecuting Attorney Monte Re ers, P E Date Public Works Director/County Engineer \\CASTLEHILL\group\Pubhcworks\PW_ROADS\1 STRIPING & PAVEMENT MARKING\2 Annual Striping Pavement Marking Programs\2017 Pavement Marking\B BOCC & Contract Award\Construction Contract docx Revised 1/2017 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 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 \\CASTLEHILL\group\Publicworks\PW_ROADS\1 STRIPING & PAVEMENT MARKING\2 Annual Striping Pavement Marking Programs\2017 Pavement Markmg\B BOCC & Contract Award\Construction Contract docx Revised 1/2017 Page 6 of 8 BOND NUMBER SUR40014099 CONTRACT BUND JEFFERSON COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS AFFORDABLE ASPHALT COMPANY of TUMWATER WASHINGTON as Principal, and IRONSHORE INDEMNITY INC as Surety, arciointly and severally held and bound onto the COUNTY OF ONE HUNDRED NINETY ONE THOUSAND EVEN HUNDRED JEFFERSON the penal stun of FIFTY FIVE AND 501100S Dollars (S 191 75550 for the payment of which we,lointly and severally bind ourselves, or heirs, executors, adnu ustrators, and assigns and successors and assigns firmly by these presents The condition ofthis bond 7s such that WHEREAS on the day of . AD, 2017, the said LJ HILTON INC Principal herein executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said LJ HILTON INC Principal herewith, agrees to furnish all materials and do Main work, to -wit That the said Principal hers will undertake and complete the following described work PAVEMENT MARKING ON JEFFERSON COUNTY ROADWAYS FOR CALENDAR YEAR 2017 PROJECT NO 180 542 2026 iii Jefferson County, Washmgton, 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 trtcoiporated herein and made a part hereof as fWl for all purposes as if here bet forth at length. NOW THEREFORE, if the Principal herein shrill faitWly and truly observe and. comply with the terms, condition 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 tune prescribed therein, and unni the same is accepted., and shall pay all laborers, mechanics subcontractors and matenalmen, 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 farce and effect WITNESS our hands this 13TH day of APRIL , 2017 AFFORDABLE ASPHALT COMPANY PRINCIPAL By �`p�ltrruruu+ryurr ,,�,t�;1ndQ'h'% � ttP 0R,9 , =, - VU (+rS SEAL - 1919 sir rrr nlrn�all��t��t4z��a IRONSHORE INDEMNITY INC SURETY COMPANY By By BARBARA L KAISER Attorney -in fact Address of local office and agent of surety company SUNSET INSURANCE AGENCY LLC 1429 WEST BAY DRIVE NW i5LYMPIA A 98502 CASTLEHILLt gmupiPuiit Works�PW ROAD$tI STRIPING A PAVEMENT MARKiNa2 Annual Stnpmg Pavement Madung PnmmN2017 Pa -1 Mwkwg�13-800C dt Cnfout AwaitCommction Centred dom Revised 112017 Page 7 of $ III SUR40014099 Ironshore Indemnity Inc KNOW ALL MEN BY THESE PRESENTS that IRONSHORE INDEMNITY INC a Minnesota Corporation with its principal office in New York NY does hereby constitute and appoint BARBARA L KAISER its true and lawful Attorney(s) In Fact to make execute seal and deliver for and on its behalf as surety a CONTRACT BOND under bond or undertaking number SUR40014099 issued on behalf of AFFORDABLE ASPHALT COMPANY as principal in the penal sum of $191755 50 This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC on the 22' day of April 2013 as follows Resolved that the Director 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 contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ $191755 50 dollars which the Company might execute through its duly elected officers and affix the seal of the Company thereto Any said execution of such documents by an Attorney In Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company Any Attorney In Fact so appointed may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney Resolved that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted and the signature of the Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certificate so executed and sealed shall with respect to any bond of undertaking to which it is attached continue to be valid and binding on the Company IN WITNESS THEREOF IRONSHORE INDEMNITY INC has caused this instrument to be signed by its Director and its Corporate Seal to be affixed this 7`h day of August 2013 IRONSHORE INDEMNITY INC acu I- BY-6- Daa—L ~�Y Director ACKNOWLEDGEMENT On this 7`h Day of August 2013 before me personally came Daniel L Sussman to me known who being duly sworn did depose and say that he is the Director of Ironshore Indemnity Inc the corporation described in and which executed the above instrument that he executed said instrument on behalf of the corporation by authority of his office under the By laws of said corporation � h �J Nov M1y�q'q$ AMYTAVWR Rafmy Pamit'stateof7w esxe a & y '� t aA Da"dpoa;away Sit' Cnanriiaatad E9YpifCi Cifi8.t8 By 4hy Atilt' ayiw Nie Public CERTIFICATE I the undersigned Secretary of IRONSHORE INDEMNITY INC a Minnesota 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 this 13TH Day of APRIL 20 17 o`er tiGL +wo f PsedA saveiary "WARNING Any person who knowingly and with intent to defraud any insurance company or other person files and 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