HomeMy WebLinkAboutPetersen Brothers, Inc. re: Undi Bypass Road Guardrail Installment - 052217CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of 20j between the COUNTY OF
JEFFERSON, acting through the Jefferson County Commissioners and the Efirector of Public Works under and by virtue
of Title 36, RCW, as amended and Petersen Brothers, Inc., 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: Supply and install new guardrail on Undi Bypass Rd. at
location to be staked by Project Engineer, for the total sum of Thirty-five thousand, five -hundred fifty-eight & 10/100
dollars ($35,558.10), all 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 Contract
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.
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.
PW form\contract\small works contract.doc 3/2015
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.
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.
PW form\contract\small works contract.doc 3/2015
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 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.
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.
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 may waive the payment and
performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW.
PW form\contract\sma11 works contract.doc 3/2015
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 May 10, , 2017
Contractor
Petersen Brothers, Inc.
(Please print)
By: _ Ronald G. Petersen, President
(Please print)
(Signature)
CC -01 PETERBI187NZ
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
4alf ul'e' " 4��C"
Kathleen kler air
David " W. Sullivan, Member
!I . iq
Katd Dean, Member
Approved as to form only:
01 G y17
Philip C. Hunsucker, Chief Civil Deputy Prosecutor Date
Jefferson County P
G !
Monte Re' , P.E. rDate
Public Works Director/County ingineer
PW form\contract\small works contract.doc 3/2015
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.
Petersen Brothers, Inc.
Name of Contractor (Please print)
Ronald G. Petersen, President
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.
PW form\contract\small works contract.doc 3/2015
Bond No. 106715934
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Petersen Brothers Iic., of 2008 East Valley Hwy., Sumner WA, as Principal, and Travelers Casualty
and Surety Company of America as Surety, are jointly and severally held and bound unto the COUNTY OF JEFFERSON,
Thirty Five Thousand Five Hundred Fifty Eight and 10/100
the penal sum of _ Dollars ($ 35,558.10 }, for the payment
of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns,
firmly by these presents.
The condition of this bond is such that WHEREAS, on the _� day of � , A.D., 2017,
the said Petersen Brothers, Inc........, Principal herein, executed a certain contract with the Count of Jefferson, by the terms,
conditions and provisions of which contract the said Petersen Brothers,, .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:
Provide and _install all new uardrail elements at the location described in the contract maps and documents and in quantities
and butes in calendar vear 2017 indicated in the Contract Proposal and Provisions 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 8th day of May, 2017.
Petersen Brothers, Inc.
PRINCIPAL
Casualty and Surety Company of America
.......... _ .,..
SURETY COMPANY
By
By: Julie_Crak_er
Attorney-in-fact
Address of local office and agent of Surety Company:
Hentschell & Associates, Inc.
1436 S. Union Avenue
.Tacoma„..WA._98.405.._._.
(253) 272-1151
ATTORNEY IS INVALID WITHOUT THE RED BORDER
.A► POWER OF ATTORNEY
.TRAVELERS ! Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 231907 Certificate No. 007169182
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Julie Craker, Thomas P. Hentschell, Leslie A. Parks, Brad Roberts, Joanne Reinkensmeyer, and Janet Pudists
of the City of Tacoma , State of Washington , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of March 2017
Farmington Casualty Company
Fidelity and GuarantyInsurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
29th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Z t 9 s z o � 1977 ,'// /� i - z --_ : � ; _• nattr�o, �s < tvatFoaa,; s m "c�ww
a 1951 ':5EAL;o;
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State of Connecticut By: �v
City of Hartford ss. Robert L. Raney, Senior Vice President
On this the 29th day of March 2017, before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
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In Witness Whereof, I hereunto set my hand and official seal. ii* A (}�f L(�► 1. .
My Commission expires the 30th day of June, 2021. j0U8U� # Marie C. Tetreault, Notary Public
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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, Public Works Director/County Engineer f
Agenda Date: Monday, May 22, 2017
Subject: Execution of Contract
Statement of Issue:
Execution of a Contract with Petersen Brothers, Inc. for installation of a guardrail at
milepost 1.9 on Undi Bypass Rd.; County Rd. No. 150009.
Analysis/Strategic Goals/Pro's Et Con's:
An assessment of Undi Bypass Rd. by the Public Works Dept. (PW) has determined a
segment of the road to be potentially hazardous to the motoring public and
maintenance crews during freezing weather. PW concluded it to be in the interest of
safety to construct a guardrail at that location. Petersen Brothers, Inc. submitted the
Lowest responsive bid for the work through the Small Works Process.
Fiscal Impact/Cost Benefit Analysis:
The bid amount of Thirty-five thousand, five -hundred fifty-eight and 10/100 dollars
($35,558.10), is funded by the Jefferson County Roads Fund.
Recommendation:
Public Works recommends that the Board execute all three (3) originals of the
Contract with Petersen Brothers, Inc. and return two (2) of the originals to Public
Works for further processing.
Department Contact:
Reviewed By:
Dale Seward, Engineer -1
Philip MorteVCo&tor
385-9353
Date
CONTRACT REVIEW FORM
CONTRACT WITH: T -BD' ��1% SO� Ari^ i ric'
(Contractor
/Consultant)
CONTRACT FOR: Undi Bvaass Rd. Guardrail Installation
/ 7 -s'Z
TERM: 12/31/2017
COUNTY DEPARTMENT: Public Works
For More Information Contact:a
Dale Seward
Contact Phone #: (360) 385-9353
RETURN TO: Tina RETURN BY: 4/14/2017
(Person in Department) (Da
AMOUNT: TBD
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
180.000.010
Step 1: REVIEW
Review by:
Date Reviewed:
�4PPROVED FORM
Comments
PROCESS: Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
X Small Works Roster
Vendor List Bid
RFP or RFQ
Other
❑ Returned for revision (See Comments)
Mor
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: Michael Haas
Date Reviewed:
❑ 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. A �� ��
(This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.) A
JEFFERSON CQ'.'" TY
PROSECUTING ATI ui ,rr'EY
\\CASTLEHILL\Public\Dale S\1 -NEW WORK\6-Road Shop Materials Purchases\2017 Materials Purchases\Guardrails 2017\Undi Bypass Guardrail-
2\Contract\Contract Review Form.docx rev. 7/8/2016