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HomeMy WebLinkAbout092820_ca01 O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners From: Mark McCauley, Central Services Director Agenda Date: September 28, 2020 Subject: Contract - ACI Construction Statement of Issue: The contract with ACI Construction includes replacing damaged framing, insulation and siding on an exterior wall at the Port Townsend Recreation Center. Analysis/Strategic Goals/Pro's Et Con's: Repairing the damage to the facility will ensure longevity of the structure. Fiscal Impact/Cost Benefit Analysis: The repair costs will be covered in the approved 2020 Construction Ft Renovation budget. Recommendation: I recommend the contract with ACI Construction be approved by the Board of County Commissioners. Reviewed By: ilip Mo y, unty mstrator Date CONTRACT JEFFERSON COUNTY, WASHINGTON TIIIS AGREEMENT, made and entered into this N,00-1 / ,2020, between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners Cinder and by virtue of Title 36, RCW, as amended and AC! Construction 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: Jefferson County Recreation Center exterior wall repair for an amount up to but not to exceed the total sum of Five thousand eight hundred eighty one dollars and 64/100 ($5881.64) including WSST in accordance with and as described in the attached Exhibit A, Scope and Fee Schedule 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. Billing amounts shall be for actual work performed and materials purchased and installed. All work shall be performed in accordance with Washington State prevailing wage requirements. The Contractor shall complete the described work as follows: Repair siding at Jefferson County Recreation Center in Port Townsend including replacing damaged framing and insulation. The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever as described in Exhibit A, 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 After execution of this Agreement, changes to the scope of work required hereunder may be accomplished and memorialized by a change order, which shall be a written order to Contractor from the Project Manager on behalf of the County. In no event will a change order or orders approved by the Project Manager under this Agreement add cumulatively more than ten percent(10%)to the total compensation due to the Contractor pursuant to the original Agreement. Any change order or change orders that would add cumulatively more than ten percent(10%)to the originally agreed-upon total compensation due to the Contractor shall require a separate written amendment to the Agreement to be executed by the County and the Contractor. 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 shalt 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. I Ito.vied 10/12/20 I 8 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. An 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. (I)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. 2 Revised 10/12/2018 P 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 Consultant 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 Consultant refers to an endorsement(by number or natne) but does not provide the full text of that endorsement,then it shall be the obligation of the Consultant 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 Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 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. 3 Revised 10/12/2018 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 agree that in-lieu of the Bond; the County will withhold 10% of the Contract amount in accordance with RCW 39.08.010. 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 2020 Contractor By: (Pie e Print) ‘f (S" na e State of Washington,Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS SEAL Greg Brotherton, Chair Kate Dean, Member David W. Sullivan, Member ATTEST Approved as to rm: C il/gAZ0 Carolyn Gallaway Philip C. Hunsucker Date Deputy Clerk of the Board Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office 4 Revised 10/12/2018 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. I Name of Contractor(Please print) i i at\ T il(te 10- ky‘ (it I Name and Title,of Authorized Representative(Please print) Si re of Authorize Representative n I am unable to certify to the above statement. An explanation is attached. 5 Revised 10/12/2018 Exhibit A Scope and Fee Schedule Remove and replace siding on one wall to match existing at Jefferson County Recreation Center in Port Townsend, including replacing damaged framing and insulation. ACTIVITY tT't RATE AMOUNT General Labor 20 75.00 1,500.00T Labor paid at$75/hr for foreman General Labor 20 50.00 1,000.00T Labor paid at$50/hr for laborer Equipment 1 475.00 475.00T Dump trailer and tool rentals Material 1 1,592.00 1,592.00T Framing, insulation and siding materials Disposal 1 125.00 125.00T Disposal/hauling Overhead&Profit 0.15 4,692,00 703.80T O&P at 15% SUBTOTAL 5,395.80 TAX 485.62 TOTAL $5,881.42 Ali labor will be paid at Prevailing Wage ACl will follow COVID-19 safety plan Accepted By Accepted Date 6 Revised id/12/2018