HomeMy WebLinkAboutMorgan Mechanical, Inc. - 022018DIVISION 0 -SPECIFIC CONDITIONS
SECTION 000500 PAGE 1
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this '1206 day of �bruaiil , 2018, between the
COUNTY OF JEFFERSON, acting through the Jefferson County Commissions and the Director of Public Works
under and by virtue of Title 36, RCW, as amended and MORGAN MECHANICAL, INC of Edmonds, Washington,
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,
the parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor
herein will undertake and complete the following described work:
The scope of work is for a complete and functioning exhaust ventilation system to remove nuisance level vapors of
paint, volatile solvents and some absorbent dust, from the work area in the north end of Jefferson County Moderate
Risk Waste Facility located in the Boat Haven Marina in Port Townsend, WA 98368.
for the total sum of Eighteen thousand, five hundred, two, and 20/100 dollars ($18,502.20) 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 within sixty calendar days of the date of Notice to Proceed.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever
that may be required for the transfer of materials and for constructing and completing the work provided for in this
contract and every part thereof.
2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the
Contractor to furnish the goods and equipment described and to furnish the same according to the attached
specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to
the attached specifications and the schedule of unit or itemized prices hereto attached, at the time 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.
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.
E
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 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.
3
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 $150,000 or less, the County may waive the
performance bond requirements of chapter 39.08 RCW, and withhold 10% of funds in lieu of Bond.
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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 Contractorp'Ld6
Contracto o,'/,x==77,,,j
(Please print)
By: 6-7riSG►-1 d
(Please print)
(S
State of Washington, Contractor Registration Number
5
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kathleen K1e?1 Chair
Kate Dean,
David W. Sullivan,
A roved as form only:
.C. a , ,g
Philip C. Hunsucker Da e
Chief Civil Drose utor
s
Mon R g ate
Public Works Director/County Engineer
SECTION 000500 PAGE 6
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
The Contractor certifies to the best of its knowledge and belief, that it and its principals, as below. Submit this form
with the Bid.
(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.
M
Name of Contractor (Please print)
OW -Se A-)
e�>
Name and Title of Authorized Representative (Please print)
I am unable to certify to the above statement. An explanation is attached.
2
SECTION 000670
EXHIBIT A
CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN $150,000
A. A Contract Bond will be provided as required.
Date
Signed
B. In lieu of providing a Contract Bond, the County will withhold 10% of the Contract amount,
pending the completion of Closeout.
Date
1.1
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
Signed
B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest
bearing account, not subject to withdrawal until after final acceptance of the work.
Date r S' ed
C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time
as such retained percentage accrues.
I hereby designate
as the repository for the escrow of said funds.
I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing
said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable
in any way for any costs or fees in connection therewith.
Date Signed
0
EXHIBIT C
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date November 8, the bidder is not a "willful" violator, as defined in RCW
49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a
final and binding citation and notice of assessment issued by the Department of Labor and
Industries or through a civil judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing
is true and correct.
Bidder's Business Name
Authorized Official*
A
Printed Name
Z�� 21-_�eK_ .
Title
1
D afe
Check One:
City State
Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporations
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co -partnership, give firm name under which business is transacted:
* If a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
10
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 Director/County EngineerAL-----
f
Agenda Date: February 20, 2018
Subject: Moderate Risk Waste Facility
Ventilation Improvements
Project No. #4120230
Statement of Issue: Execution of Contract for Construction with MORGAN
MECHANICAL, INC. of Edmonds, WA for Ventilation Improvements at the Moderate Risk
Waste Facility located in the Boathaven Marina, Port Townsend, WA.
Analysis/Strategic Goals/Pro's bt Con's: Two bids were obtained via small work
roster, with competitive sealed bids. The award has been made to MORGAN
MECHANICAL, INC, the lowest responsible and responsive bidder.
Fiscal Impact/Cost Benefit Analysis: The low bid is for the contract amount of
$18,502.20 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:
Phifip Morley my Administr or Date
CONTRACT REVIEW FORM
CONTRACT WITH:
(Contractor/Consultant) 4 J
CONTRACT FOR: Moderate Risk Waste Facility: Ventilation TERM:
Improvements
COUNTY DEPARTMENT: Public Works
For More Information Contact: Gordon Ramstrom
Contact Phone #: (360) 385-9380
RETURN TO:
Tina
in
RETURN BY:
AMOUNT: $18,851 PROCESS:
Revenue:
Expenditure:
Matching Funds Required;
Sources(s) of Matching Funds
401-34370.00
401-594-3762
NO
Step 1: REVIEW BY
Review by: '
Date Reviewed:
Xe
PPROVED FORM
Co
(TBD)
DEC 0 8 2017
2017
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)
Step 2: REVIEW BY PR
Review by:
Date Reviewed:
APPROVED AS TO FORM
Comments
TTORNEY
for revision (See 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.)
C. Hunsucker
\\CASTLEHILL\group\Publicworks\Pw_C[P\l. Solid Waste\MRW Vent\CONTRACT\Risk and Legal\110817 MRW Contract Review Form.docx rev. 12/10/2014