HomeMy WebLinkAbout090517_ca06Department 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 Director/County Engineer
Agenda Date: September S, 2017
Subject: Quilcene SW Drop Box Site Improvements
Execution of Contract
Project No. 401 594 1984
Statement of Issue: Execution of Contract for Construction with Robert Coultas
Construction, of Poulsbo, WA, for construction services at the Quilcene SW Drop Box
Site Improvements improvement project.
Analysis/Strategic Goals/Pro's It Con's: Three bids were obtained via competitive
sealed bids. The award has been made to Robert Coultas General Contracting, the
lowest responsible and responsive bidder.
Fiscal Impact/Cost Benefit Analysis: The low bid is for the contract amount of
($180,829.91) 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:
Hipp Morley, Coty Administrator Date
Quilcene Solid Waste Drop Box Site - Improvements
Project Number: 401 594 1984
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 Robert Coultas General Contracting of Poulsbo,
Washington, 98370 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: This project is for the construction of
improvements to the Quilcene Solid Waste Drop Box Site located in Quilcene, WA 98376. The new building is a
modular Attendant Office. In addition, upgrades to an existing shipping container onsite for use as an
Environmental Center, for the collection of household hazardous waste. Utilities include septic transport pipe,
water, phone, electrical services, lighting and a septic tank with transport line. The existing County fueling system
and County Road maintenance shop will remain in operation without interruption during this construction project.
for the total sum of One hundred eighty thousand, eight hundred twenty nine and 91/100 dollars,
($180,829.91) in accordance with and as described in the attached plans and specifications, including Alternates #1
and #2, 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:
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.
SEQUENCE
ACTIVITY
TIME
(calendar days)
I .
Contractor to submit construction schedule following execution of the
Contract for Construction.
Prior to pre -
construction mtg.
2.
Notice to Proceed targeted for Preconstruction meeting
Day one of
contract period
3.
Submittals
7 days
4.
Completion to the point of Substantial Completion.
83 days
Total Calendar Das
90
5.
Punch List
6.
Final Completion, final payment, project Closeout
Quilcene Solid Waste Drop Box Site - Improvements
Project Number: 401 594 1984
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.
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.
only);
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
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.
G:\Pw_CIP\#Solid Waste\Quilcene SW\Pmject Manual\SW Contract for R&L.docx Revised 4/M7
Page 2 of 7
Quilcene Solid Waste Drop Box Site - Improvements
Project Number: 401 594 1984
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 fumish 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.
G:\Pw_C[P\#Solid Waste\Quilcene SW\Project Manual\SW Contract for R&L.docx Revised 4/2017
Page 3 of 7
Quilcene Solid Waste Drop Box Site - Improvements
Project Number: 401 594 1984
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.
9. The Contractor will declare management option of the statutory retained percentage on Exhibit B.
G:\Pw_CIP\#Solid Waste\Quilcene sw\Project Manuamw Contract for R&L.docx Revised 4/2017
Page 4 of 7
Quilcene Solid Waste Drop Box Site - Improvements
Project Number: 401 594 1984
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 Atigiisr 25th 2017
Contractor:
Coultas GeneralContracting
(Please print)
COULTGC154P8
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:
O
C. -r/t't /1 -7
Philip C. Hunsucker Date
Chief Ci ' uty Prosecutor
.�i•/
one Binders, P.E. Date
Public Works Director/County Engineer
G:\Pw_CIP\#Solid Waste\Quilcene SW\Project Manual\SW Contract for R&iL.doCX Revised 4/2017
Page 5 of 7
Bond No. 71943855
Quilc=e Solid Waste Drop Box Site - Improvements
Project Number: 401 594 1984
JEFFERSON COUNTY, WASMINGTON
CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS:
ThatCoultas General Contracting ,of Poulsbo, WA ,as
Principal, and Western Surety Company as Surety are,ointly and severally held and bound unto
the COUNTY OF JEFFERSON, the penal sum of h�unedre n wentyl ine an�u��� 0�t st Dollars
($180 , 829. 1 ), 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
Coultas General Contracting, Principal herein, executed a certain contract with the County of
Jefferson, by the terms, conditions and provisions of which contract the said Coultas General Contracting
Principal herewith, agrees to famish all materials and do certain work, to -wit: That the said Principal herein
will undertake and complete the following described work: This project is for the construction of
improvements to the Quilcene Solid Waste Drop Box Site located in Quilcene, WA 98376. The new
building is a modular Attendant Office. In addition, upgrades to an existing shipping container onsite for
use as an Environmental Center, for the collection of household hazardous waste. Utilities include septic
transport pipe, water, phone, electrical services, lighting and a septic tank with transport line. The
existing County fueling system and County Road maintenance shop will remain in operation without
interruption during this construction project.
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 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 accordibg to law, then this obligation to be void, otherwise to remain in full force and
effect.
WITNESS our hands this 22nd day of August 32017
Coultas General Contracts pg Western Surety Company
p� SURETY COMPANY
ay I By: r% J
tis A. Fix
By:
Attorney-in-fact
Address of local office and agent
of surety company:
c/o CB & MS of WA, INC.
PO Box 75715
Seattle, WA 98175
Western Surety Company
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 7194385
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws
of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make,
constitute and appoint CHRIS A FIX
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: Robert Coultas dba Coultas General Contracting
Obligee: County of Jefferson
Amount: $1, 000, 000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of November 29
2017 , but until such time shall be irrevocable and in full force and effect.
hjOir VVU4p& Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its
cor�I�esai'ta'be,a this 22nd day of August 2017
_ — WEST R SURE COMPANY
ir7IM
S,� Ql% S H- ,,�, A Paul T. ruflat, Vice President
i' .#� i ss
CO
s�ff3pl±=ca's_a=•
On this 22nd day of August in the year 2017 before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESI*ERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
ttin�r�aaara�.r.'+'+'.titi�.b��+eatiti t
r J. MOHR `
r EAI. NOTARY PUBLIC SEAL r Notary Public - South Dakota
r s
X SOUTH DAKOTA i
+%1161- 444tiy +
My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this
August 2017
22nd
day of
WEST R/ SSUUR`E COMPANY
Paul T. fruflat, Vice President
To validate bond authenticity, go to www.enasur4y.com > Owner/Obligee Services > Validate Bond Coverage.
Form F5306-1-2016
Quilcene Solid Waste Drop Box Site - Improvements
Project Number: 401 594 1984
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 8/25/2017 Signed
B. I hereby elect to have the Owner deposit the retained per tage of this contract in an interest bearing
account, not subject to withdrawal until after final acceptance of a 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
funds.
as the repository for the escrow of said
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
GAPw_CIP\#Solid Waste\Quilcene SW reject Manual\SW Contract for R&L.doCX Revised 4/2017
Page 7 of 7