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HomeMy WebLinkAboutDouble D Electric - 040918CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of i ,20_ between the COUNTY OF JEFFERSON, acting through the Je erson Countyo is ioners and the Director of Public Works under and by virtue of Title 36, R.C.W, as amended and Double D Electric of Port Hadlock. 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: Make necessary modifications to the 3 -Phase power system in conjunction with installation of the new knuckleboom crane at the Jefferson County Transfer Station. Provide all materials, equipment, labor and permits in accordance with crane contract specifications for electrical service. All above ground material and fasteners specifications must be submitted in advance of purchasing for approval by the County. for the total sum of Fourteen Thousand Seven Hundred and Eighty and 40/100 dollars ($14,780.40) 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: Within 15 working days of Notice To Proceed from the Jefferson County Solid Waste Manager. Site work must be coincidental to the crane installation when the transfer station is shut down by the County, 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. C:\Users\tombo\Desktop\DD Contract\3-21-18 Final DD Construction Contract.docx Revised 1/2018 Page 1 of7 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 C:\Users\tombo\Desktop\DD Contract\3-21-18 Final DD Construction Contract.docx Revised 1/2018 Page 2 of 7 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. 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 o£ (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 C:\Users\tombo\Desktop\DD Contract\3-21-18 Final DD Construction Contract.docx Revised 1/2018 Page 3 of 7 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 $150,000 or less, the County and the Contractor may agree that in -lieu of the Contract Bond; the County will withhold 10% of the Contract amount in accordance with R.C.W 39.08.010. If applicable, the Contractor will indicate this option on Exhibit D. 9. If applicable, Contractor will declare a management option of the statutory retained percentage on Exhibit E INDEX OF EXHIBITS X❑ Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ❑X Exhibit B: Certification of Compliance with Wage Payment Statues ❑ Exhibit C: Contract Bond, Jefferson County, Washington ❑ Exhibit D: Contractor's Declaration of Option for Contracts for Less Than $150,000 ❑ Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage 0 Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived C:\Users\tombo\Desktop\DD Contract\3-21-18 Final DD Construction Contract.docx Revised 1/2018 Page 4 of 7 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 Ll 1 Z ,20 jr Contractor: JOU 16 L L) I &.1c. (Please print) By: C,&)Oc)p (Please print) (Si ature) State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF CO ISSIONERS ,J 9 David W. ullivan, Chair Kate Dean, Member Kathleen Kler, Member Approved as to form only: •C 3�/ Philip C. Hunsucker Date Chief Civil Deputy Prosecutor 2 Mon e Reind E. ate Public or s irec or/County Engineer C:\Users\tombo\Desktop\DD Contract\3-21-18 Final DD Construction Contract.docx Revised 1/2018 Page 5 of 7 1-114 : .1 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. 1 ovi g ie 17) , (IL46 . Name of Contractor (Please print) Name and Title of Authorized Representative (Please print) of Authdrize Representative I am unable to certify to the above statement. An explanation is attached. C:\Users\tombo\Desktop\DD Contract\3-21-18 Final DD Construction Contract.docx Revised 1/2018 Page 6 of 7 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date ( ), the bidder is not a "willful" violator, as defined in R.C.W 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 R.C.W, 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 Si#tfature of thorize Official* z;'Soo wigot)_� Printed Name "tD�LMT' Title q I -Z"/,q-0 / �— 20 4r )4wa LC C Date City l.J 4 - State Check One: Sole Proprietorship❑ Partnership ❑ Joint Venture❑ Corporation Lk State of Incorporation, or if not a corporation, State where business entity was formed: WA 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. C:\Users\tombo\Desktop\DD Contract\3-21-18 Final DD Construction Contract.docx Revised 1/2018 Page 7 of 7 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 Engineer Agenda Date: March 27, 2018 Subject: Transfer Station: Electrical Work for New Crane Contract 17SF01 Project # 40120330 Statement of Issue: Execution of Contract for Construction with Double D Electric of Hadlock, WA, for construction services at the Transfer Station is to provide necessary 3 -Phase power for new pedestal mounted crane. This needed work is to complete the new crane Contract 17SF01. Analysis/Strategic Goals/Pro's 8t Con's: In accordance with Jefferson County Code: Chapter 3.55.070 and Chapter 3.55.040 Small Works Roster Bidding Procedure, Double D Electric is the low bid and is competent and qualified to complete the Work. Fiscal Impact/Cost Benefit Analysis: This project is funded by the Solid Waste fund. The low bid is for the contract amount of $14,780.40 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: Tom Boatman, Public Works Solid Waste Manager 385-9213 Reviewed By: ilip Mor. e , ounty Administrator) - Date CONTRACT REVIEW FORM CONTRACT WITH: Double D Electric (Contractor/Consultant) CONTRACT FOR: Work at Transfer Station TERM: 90 days COUNTY DEPARTMENT: Public Works For More Information Contact: Tom Boatman, Solid Waste M5"I% If n ,n9ti Contact Phone #: (360) 385-9160 RETURN TO: Christine Spall RETURN BY: 3/26/18 (Person in Department)" '(Date) AMOUNT: $14,780.40 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Solid Waste Solid Waste N/A N/A Step 1: REVIEW BY Review by: Date Reviewed: APPROVED FORM omments Step 2: REVIEW BY P7 Review by: Date Reviewed: APPROVED AS TO 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 A' Returned for revision (See Comments) TTORNEY Philip C. Hunsucker Chief Civil Deputy Prosecutor 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 Admin will submit originals and 2 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:\Users\tombo\Desktop\DD Contract\Contract Review Form DD.docx rev. 4/26/2017