HomeMy WebLinkAboutAffordable Asphalt - 050117V"
l �, CONTRACT . -?Cos
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this P— day of 2017, between the COUNTY OF JEFFERSON,
acting through the Jefferson Count Commissioners and the Direct of Public Works under and b virtue of Title 36
Y Y ,
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 fiftv-five and fiftv 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.
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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 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.
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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.
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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 �),6\` , 2017
Contractor:
f)R06*\l ' 1 �
(Please print)
By: DA
(Please print)
tier = �,er
(Signature)
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
- -k�d Vl
fKathleen Kler, Chair
Kate Dean, NWnber
David W. Sullivan, Member
Approved as to form only:
Michael Haas Date
Prosecuting Attorney
e
Monte Rem ers, P.E. Date
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 (Plea§e 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.
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BOND NUMBER: SUR40014099
CONTRACT BOND
JEFFERSON COUNTY, ASHI CTO
KNOW ALL MEN BY THESE 11I0:SEMI"S
That AFFORDABLE ASPHALT COMPANY —, of TUMWATER, WASHINGTON
as 1'rirlcipal, and
IRONSHORE INDEMNITY INC. T as Surety, are jointly and severally held and bound unto the COUNTY" OF
ONE HUNDRED NINETY ONE THOUSAND EVEN HUNDRED
JEFFERSON, the penal $urn of _ FIFTY FIVE AND 50/100S .... __._ Dollars (S, 191,755.50 ,
for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and __..
successors and assigns, firmly by these press.
The condition of this tx)nd is such that WI IEREAS, on the day « f , ,A U., 2017, the said
LJ HILTON INC. $ Principal herein, executed a certain contract with the County of Jefferson, by the
tercels, conditions and provisions of which contract the said LJ HILTON INC. Principal herewith, agrees to
furnish all materials and do certain work, to -wit: That the said Principal herein will undertake and complete the following
described work:
PAVEMENT MARKING ON JEFFERSON COUNTY ROADWAYS FOR CALENDAR YEAR 2017
PROJECT NO. 180 542 2026 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 shalt well and truly and folly do and perform all niaatters 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 rrarterialmen, 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 pertbrm said contract according to law, then this obligation to be void, otherwise to remain in full force
and effect.
WITNESS our hands this 13TH ,day of APRIL , 2017.
AFFORDABLE ASPHALT COMPANY IRONSHORE INDEMNITY INC.
PRINCIPAL SURETY COMPANY
ByC
'%`l*tr51IIttiIIf,,
e tnde'1,, fay: BARBARA L. KAISER
Attorney -ire- ,... -
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SEAL Address of local office and agent
1919 _ of surety company:
SUNSET INSURANCE AGENCY, LLC
rM"y"P `` ,�`4 1429 WEST BAY bRIVE NW'
NES ,,,.,,
OLYMPIA, WA 98502
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Page 7 of $
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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 $191,755.50
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"d 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 $ $191,755.50 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
7th day of August, 2013
IRONSHORE INDEMNITY INC.
s�
w°opaa+a�ra
a s
By:
J s nw
1919
Dart a LS us n
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.
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Amy aylor
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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 atthis13TH Day of APRIL 20 17
pYO�i f
BElit. �
7919 _
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W...... Secretary
"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."
AMY.TAYLDR
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Amy aylor
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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 atthis13TH Day of APRIL 20 17
pYO�i f
BElit. �
7919 _
V*W darw
W...... Secretary
"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."
Department 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 Direct/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;
ly' f 4 J
ip Morley, ou y Admini
385-9353
Date
CONTRACT WITH: TBD
0 •
CONTRACT REVIEW FORM
(Contractor/Consultant)
CONTRACT FOR: 2017 Pavement Marking TERM:
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Tina Anderson
in
Public Works
Dale Seward, Project Manager
(360)385-9353
RETURN BY: 2/10/2017
AMOUNT: $223,460.00 PROCESS: Exempt from Bid Process
Consultant Selection Process
Revenue: 180000010.311.10.00.0000 Cooperative Purchase
Expenditure: 180000010.54200.48.0000 X Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW BY RISK N
Review by:
Date Reviewed:
�-APPROVED FORM � Returned for revision (See Comments)
Comments
Step 2: REVIEW BY PROSECUTII"TVORN Y
Review by: Michael Haas
Date Reviewed: 2
PQ APPROVED AS TO FORM Returned for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract and Review Form with 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.)
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