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HomeMy WebLinkAbout020722ca08 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Matthew Court, Facilities Foreman DATE: February 7,2022 SUBJECT: Request the Board of County Commissioners Approval to Acquire and Install Electrical Service for the New Sheriff's Office Training Room STATEMENT OF ISSUE: The Sheriffs Office has an out building that has been used to store motorized and other equipment. We are enlarging the building's footprint to create a new training facility for the Sheriffs Office. The training facility will be used for physical fitness and formal classroom training. The new space will need electrical service in order to be functional. ANALYSIS: We will run power from the existing building space into a new electrical breaker box in the new space using existing conduit. This will reduce the cost of the installation. FISCAL IMPACT: The new electrical service will cost $7,711.19 for labor and materials. The Construction and Renovation Fund has budget to cover this cost. RECOMMENDATION: That the Board of County Commissioners approve this contract. REVIEWED BY: ✓Z ���:✓'t.. 5/2 Mark McCa y, Interim County Adminis t Date CONTRACT JEFFERSON COUNTY,WASHINGTON THIS AGREEMENT, made and entered into this_ day of_ 2022,between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners under and by virtue of Title 36, R.C.W,as amended and-*)Frederickson Electric 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: for the total sum of seven thousand seven hundred eleven dollars and nineteen cents($7,711.19) in accordance with and as described in the attached Exhibit F, Scope of Work 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: Install new electrical panel in training room. Install 60A feeder to this panel. Add wiring for six duplex receptacles with three 20A circuits, three switches, Four 8'LED strip lights inside and one 8'LED strip light on the covered porch. Two weatherproof receptacles and 30A 240V power with electrical hook-up of one outdoor mini-split unit. Washington State Electrical Permit and inspection included. Intent and affidavit for prevailing wages included. 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. 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 Construction Contract Page 1 of 12 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 Construction Contract Page 2 of 12 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 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 defend, indemnify and hold the County, its officers,officials,employees, agents and volunteers(and their marital communities)harmless from any and all claims, injuries,damages, losses or suits including attorney fees, arising out of or resulting from the acts,errors or omissions of the Contractor in performance of this Agreement,except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County,its officers,officials,employees,agents and volunteers(and their marital communities)the Contractor's liability, including the duty and cost to defend,hereunder shall be only to the extent of the Contractor's negligence. Construction Contract Page 3 of 12 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 the 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. The provisions of this section shall survive the expiration or termination of this Agreement. 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. 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. Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived Construction Contract Page 4 of 12 INDEX OF EXHIBITS Exhibit A: Certification Regarding Debarment,Suspension,Ineligibility,and Voluntary Exclusion 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 Construction Contract Page 5 of 12 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 ,2022 Contractor: (Please print) By: (Please print) (Signature) State of Washington,Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate Dean,District I Heidi Eisenhour,District 2 Greg Brotherton,District 3 Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecutor Construction Contract Page 6 of 12 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. Name of Contractor(Please print) Name and Title of Authorized Representative(Please print) Signature of Authorize Representative I am unable to certify to the above statement. An explanation is attached. Construction Contract Page 7 of 12 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. The undersigned 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 RCW 49.48.082,or any of the provisions 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. Bidder's Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship l l Partnership Joint Venture Li Corporation I 1 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. Construction Contract Page 8 of 12 EXHIBIT C CONTRACT BOND JEFFERSON COUNTY,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That ,of ,as Principal,and ,as Surety,are jointly and severally held and bound unto the COUNTY OF JEFFERSON,the penal sum of Dollars ($ ),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.,2022,the said ,Principal herein,executed a certain contract with the County of Jefferson,by the terms,conditions and provisions of which contract the said Principal herewith,agrees to furnish all materials and do certain work,to-wit: That the said Principal herein will undertake and complete the following described work: 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 according to law,then this obligation to be void,otherwise to remain in full force and effect. WITNESS our hands this day of ,2022 PRINCIPAL SURETY COMPANY By: By: By: Attorney-in-fact Address of local office and agent of surety company: Construction Contract Page 9 of 12 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 Bond,the County will withhold 10%of the Contract amount. Date Signed Construction Contract Page 10 of 12 EXHIBIT E 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 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 60.28.011. Date Signed Construction Contract Page 11 of 12 EXHIBIT F SCOPE OF WORK AND FEE SCHEDULE Install new electrical panel in training room. Install 60A feeder to this panel. Add wiring for six duplex receptacles with three 20A circuits,three switches,Four 8' LED strip lights inside and one 8' LED strip light on the covered porch. Two weatherproof receptacles and 30A 240V power with electrical hook-up of one outdoor mini-split unit. Washington State Electrical Permit and inspection included. Intent and affidavit for prevailing wages included. Fee Schedule The amount the contractor will be paid is a flat fee of seven thousand seven hundred eleven dollars and nineteen cents($7,711.19). The contractor understands and agrees that this is the total amount the County will pay for all the work described. Construction Contract Page 12 of 12