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CONTRACT
JEFFERSON COUNTY,WASHINGTON
THIS AGREEMENT, made and entered into this day of a( , 2019,between the COUNTY
OF JEFFERSON, acting through the Jefferson Cou ty Commissioners nd t e 1 irector of Central Services under and
by virtue of Title 36, R.C.W,as amended and AIR MASTERS Ili,o Port Or. ard, Washington 98376 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:
The Contractor agrees to furnish all labor and equipment and do certain work,to-wit: The scope of work is for a
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:
Provide and install three propane fired radiant heaters at the vehicle maintenance areas of the Jefferson County Road Shop,
located at 371 Chimacum Rd.in Port Hadlock,WA 98339. Work includes installation of vented radiant heat tubes, interior
piping of propane and electrical work as needed to operate the radiant heaters. The two existing waste oil heaters are to be
removed. A concrete slab on grade is included to receive propane tanks,provided by the County's propane vendor. The
work schedule is to be coordinated with shop operations to reduce impacts to activities.
For the total sum of Forty one Thousand,four hundred sixty seven and 96/ 100 dollars($41,467.96)in accordance with
and as described in the attached plans and specifications 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: Sixty (sixty) Calendar days from the NTP
following the completion of the Shop Drawing phase.
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.
Construction Contract, Contract F, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 1 of 10
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.
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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.
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.
Construction Contract, Contract F, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 3 of 10
6. The Contractor'srelation r1eat on 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$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. The Contractor will declare a management option of the statutory retained percentage on Exhibit E.
nLimited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
EX Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
n Exhibit B: Certification of Compliance with Wage Payment Statues
n Exhibit C: Contract Bond,Jefferson County, Washington
X Exhibit D: Contractor's Declaration of Option for Contracts for Less Than $150,000
I I Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage
Construction Contract, Contract F, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 4 of 10
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 ig//9 ,2018.
Contractor:
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State of Washington,Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
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Kate Deistrict 1
David Sullivan,Di.trict 2
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reg a othe 7w,District 3
Approved as to form only:
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Philip C. Hunsucker )ate
Chief Civil Deputy Prosecutor
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Mark .uley Date
it
ices Director � _ il
Construction Contract, Contract F, Version 1, Risk Legan Review Date xx/xx/xxxx(TBD) Page 5 of 10
Hadlock Shop: Heating Upgrade-Jefferson County Public Works- Project No. 50120370
EXHIBIT A
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
Nam. •f Cont►: tor(Please print)
N. e an. i e of uthorized Representative(Please print)
Signa • o u orize Representative
II I am unable to certify to the above statement. An explanation is attached.
16
Hadlock Shop: Heating Upgrade-Jefferson County Public Works-Project No. 50120370
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( Il-al-I%
),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.
P‘1 r's MCIAkirS a.I.) C,
Bidder's Bu '.•• • e
r
(7
Signature o Authorized Official*
Abac ofifrpipizeimt)
Printed Name
Aag.
Title
Dat' City State
Check One:
Sole Proprietorship Partnership n Joint Venture__ Corporation
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.
17
EXHIBIT D
CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN$150,000
A. A Contract Bond will be provided as required.
Date Signed
B. In lieu of providing a Contract Bon ,the County will withhold 1$' . Contract amount.
Date / Z. < " ' Signed 1 1
Construction Contract, Contract F, Version 1, Risk Legal Review Date xx/xx/xxxx(IBD) Page 9 of 10
EXHIBIT E
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT
OF STATUTORY RETAINED PERCENTAGE
A. I hereby elect to have the retained percentage of thi o met held in a fund by the Owner until (30) days
following final acceptance of the work,
Date i I /6 Signed ;tom
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 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 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
D. I hereby elect to provide a Retainage Bond in accordance with R.C.W 60.28.01 1.
Date Signed
Construction Contract, Contract F, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 10°CIO
Department of Central Services
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator /1/11'4'1/ i'
From: Mark McCauley, Central Servi irector
Agenda Date: January 7, 2018
Subject: Hadlock Shop Heating Upgrade
County Project #50120370
Statement of Issue: The Execution of a Contract for heating system improvements to
the Hadlock Road Shop, located at 371 Chimacum Road, Port Hadlock, WA.
Analysis/Strategic Goals/Pro's Et Con's: This procurement has been done via the
Small Works Process. This project removes the existing waste oil heaters used in the
vehicle maintenance shop areas. The proposed replacement heaters are three
propane fired radiant heat tubes. Removal of the outdated waste oil heaters will
reduce maintenance costs, reduce emissions, and improve working conditions.
Fiscal Impact/Cost Benefit Analysis: The introduction of propane fired infrared
heating will reduce energy consumption and improve heating conditions for vehicle
maintenance shop areas. The low bid is for the contract amount of ($41,467.96)
including WSST. This project is funded by the Fleet Services (EREtR) capital
improvement budget.
Recommendation: We recommend that this Contract (three originals) for
construction be signed by the Board. Please sign the three originals, retaining one for
your records, and return two originals to Central Services.
Department Contact: Gordon D. Ramstrom, Architectural Project Planner, 360-385-
9380
Reviewed By:
-`,71; a �� 74(:5
1 ip MgrIey,,:County AdminiStrator Date
CONTRACT REVIEW FORM
CONTRACT WITH: Ir( I�f • 4' 1, PC -?�(o
(Contractor/ on 4ltant))
CONTRACT FOR: Hadlock Shop Heating Upgrade TERM: Dec. 31, 2019
COUNTY DEPARTMENT: Central Services
OCT 22 2018
For More Information Contact: Gordon Ramstrom
Contact Phone #: (360)385-938th
RETURN TO: Gordon Ramstrom RETURN BY: Nov. 5,2011
(Person in Department) (Date)
AMOUNT: ($84,758.00) Estimate PROCESS: Exempt from Bid Process
Consultant Selection Process
Revenue: 501000010 _- Cooperative Purchase
Expenditure: 501000010.59448. Competitive Sealed Bid
62.0000
Matching Funds Required: None X- Small Works Roster
Sources(s) of Matching Funds _- Vendor List Bid.
_ RFP or RFQ
Other
Step 1: REVIEW BY (M NT
Review by: e / ///9 Philip Morley
Date Reviewed:
M APPROVED FORM Returned for revision(See Comments)
Comments
Step 2: REVIEW BY PROSECIT G ATTORNEY
Review by: o<<: / Philip C. Hunsucker
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM 0 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
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.)
G:\Pw_CIP\SHOPS\Hadlock Heating\Contract\Hadlock Heat Contract Review Form.docx rev. 4/26/2017