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HomeMy WebLinkAboutFredrickson Electric, Inc. - 112822r � t_X-A ��fi�S �i., da- CONSTRUCTION CONTRACT JEFFERSON COUNTY, WASHINGTON L71MC040 This Construction Contract (this Agreement), is entered into between the County of Jefferson, a municipal corporation (the County), and Frederickson Electric (Contractor), in consideration of the mutual benefits, terms, and conditions specified below. I. Project Ucsigttation. Contractor is retained by the County to perform the following Project: Upgrade electrical power service from existing back up power generator to Sheriff office, replace undersized backup power distribution panel, new uninterrupted power source (UPS), new service bypass switch required for new UPS., 2. Effective Date. The effective date of this Agreement is the day that the last party signs this Agreement. 3. Scope: of Work. Contractor shall perform all the work identified on the attached Exhibit F. The County hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods, equipment and services 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. 4. 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. 5. Prevailing Wage Requirement. All work shall be performed under Washington State prevailing wage requirements. 6. Payment. For the total sum of two hundred sixty-nine thousand seven hundred sixty-five dollars and two cents ($269,765.02), Contractor shall bear the expense of all equipment, work and labor of any sort that may be required to transfer materials and for constructing and completing the work identified on the attached Exhibit F and every part of that work. Contractor shall perform any alteration in or addition to the work provided in this Agreement and every part of it. Billing amounts shall be for actual work performed and materials purchased and installed. 7. Changes to Scope of Work. If after execution of this Agreement, changes to the scope of work required in Exhibit h are authorized only by written a change order from the Project Manager on behalf of the County. No change order will be approved by the Project Manager under this Agreement that adds cumulatively more than ten percent (10%) to the total compensation due to Contractor under the original payment amount. Any change order or change orders that would add cumulatively over ten percent (10%) to the originally agreed -upon total Page t of 18 Central Services Construction Contract —Form Approved by PAO on Rine 25, 2022 compensation due to Contractor shall require a separate written amendment to the Agreement to be executed by the County and Contractor. 8. Ownershin.and Use of Documents. All non -confidential or de -identified documents, drawings, specifications, and other materials produced by Contractor in connection with the work under this Agreement shall be the property of the County whether the project for which they are made is executed or not. Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use with Contractor's endeavors. Contractor shall not be held liable for reuse of documents or modifications thereof, including electronic data, by County or its representatives for any purpose other than the intent of this Agreement. 9. Compliance with laws. Contractor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 10. Audit. An audit will be submitted to the County upon request. Upon request, Contractor will submit the most recent financial audit within 30 days. a. Upon request, Contractor shall allow the County to perform an onsite review of all records, statements, and documentation. b. If the County finds indications of potential non-compliance during the monitoring process, the County shall notify Contractor within ten (10) days. County and Contractor shall meet to discuss areas of contention in an attempt to resolve issues. c. Audit will provide statements consistent with the guidelines of Reporting for Other Non - Profit Organizations AICPA SOP 78-10, and is performed under generally accepted auditing standards and with Federal Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable. 11. Indemniticatiun. Contractor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or appointed officials or volunteers (and their marital communities), from and against all claims, losses or liability, or any portion thereof, including reasonable attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of Contractor. Contractor shall be liable only for Contractor's proportional negligence. Claims against the County for which the Contractor shall indemnify 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. 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 Contractor under this Agreement and, solely for the purpose of this indemnification and defense, Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. Contractor recognizes this waiver was Page 2 of 18 Central Services Construction Contract —Form Approved by PAO on June 25, 2022 specifically entered into under provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. This section shall survive the expiration or termination of this Agreement. 12. Insurance_ Before commencing work, Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the term of the Agreement. a. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with Contractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the protection provided and include the following minimum coverage: Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability — including coverage for products and completed operations; iv. Premises — Operations Liability (M&C); v, Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. The County shall be named as an "additional named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. d. Such insurance coverage shall be evidenced by one of these methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. e. Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of coverage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to Page 3 of 18 Central Services Construction Contract —Form Approved by PAO on Jane 25, 2022 the County. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by 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 Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. f. Failure of Contractor to take out or maintain any required insurance shall not relieve Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations about indemnification of the County. g. Contractor's 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, except for Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. h. 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. i. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of Contractor. j. Any deductibles or self -insured retention shall be declared to and approved by the County before the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self -insured retention, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. k. Insurance companies issuing Contractor's insurance 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 insurance policy. 1. Any judgments for which the County may be liable, over insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to Contractor until Contractor shall furnish additional security covering such judgment as determined by the County. m. Any coverage for third party liability claims provided to the County by a "Risk Pool" created under Ch. 48.62 RCW shall be non-contributory regarding any policy of insurance Contractor must provide to comply with this Agreement. n. The County may, upon Contractor's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to Contractor. Page 4 of 18 Central Services Construction Contract-- Form Approved by PAO on June'_5, 2022 o. Contractor's liability insurance provisions shall be primary and noncontributory regarding any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. p. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. q. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except regarding the limits of the insurer's liability. 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 the requirements stated. s. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. t. Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days before cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the Jefferson County Risk Manager by registered mail, return receipt requested. u. Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the State of Washington. v. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 13. Worker's Compensation (ln!iustrial Insurance). a. If and only if Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of Contractor, Contractor shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. b. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor without their own worker's compensation and employer's liability insurance. Page 5 of 18 Central Services Construction Contract --Form Approved by PAO on June 25, 2022 d. Contractor expressly waives by mutual negotiation all immunity and limitations on liability, regarding the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise apply in the case of such claim. e. If the County incurs any costs to enforce this subsection, all cost and fees shall be recoverable from Contractor. 14, Independent Contractor. Contractor and the County agree that Contractor is an independent contractor regarding the services provided under this Agreement. Contractor specifically has the right to direct and control Contractor's own activities, and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services under the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including, but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not withhold or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer regarding Contractor, or any employee of Contractor. 15. SubcontractjU Re uirements. a. Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. b. Every subcontractor must agree in writing to follow every term of this Agreement. Contractor must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The Public Health Director or their designee must approve any proposed subcontractors in writing. c. Any dispute arising between Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind by the County and without detrimental impact on Contractor's performance required by this Agreement. 16. Covenant Auainst Contingent Fees. Contractor warrants he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County may annul this Agreement without liability or, in its discretion to deduct from the contract Page 6 of 18 Central Services Construction Contract —Form Approved by PAO on June 25, 2022 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Discrimination Prohibited. Contractor, regarding the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, sexual orientation, material status, sex, or any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. No Assignment. Contractor shall not sublet or assign any of the work covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 19. Non -Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 20. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to Contractor. b. In the event of the death of a member, partner, or officer of Contractor, or any of its supervisory personnel assigned to the project, the surviving members of Contractor agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of Contractor and the County, if the County so chooses. c. The County reserves the right to terminate this contract in whole or in part, with 10 days' notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered before the effective date of termination. 21. Notices. All notices or other communications which any party desires or must give shall be given in writing and shall be deemed to have been given if hand -delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Notices to Contractor shall be sent to the following address: Q G 0 1C (NC . P. O OX 'Z 1 b S 01�5 T -r W N f Co�S 22. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and Contractor and supersedes all prior Page 7 of 18 Central Services Construction Contract —Form Approved by PAO on June 25, 2022 negotiations, representations, or agreements written or oral. No representation or promise not contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. Contractor ratifies and adopts all statements, representations, warranties, covenants, and agreements in its proposal, and the supporting material submitted by Contractor, accepts this Agreement and agrees to the terms and conditions of this Agreement. 23. Modification of this Agreement„ This Agreement may be amended only by written instrument signed by both County and Contractor. 24. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved under this Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose decision shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall pay for its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court under the laws of the State of Washington. Contractor consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 25. 14ection 11eading, The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the sections or this Agreement. 26. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 27. No Oral Waiver, No term or provision of this Agreement will be waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 28. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 29. Bindine on Successors. I leirs gad Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs, and assigns. 30. No Assiament. Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. Page 8 of 18 Central Services Construction Contract —Form Approved by PAO on June 25, 2022 3 L No Third -party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 32. Signature in Counterpt�rC. The parties agree that separate copies of this Agreement may be signed by each party and this Agreement shall have the same force and effect as if all the parties had signed the original. 33. Facsimile and Electronic Si 7natt�res. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 34. Arms-1,en�th_Nejotiations. The parties agree this Agreement has been negotiated at arms - length, with the assistance and advice of competent, independent legal counsel. 35. Pudic Records Act. Notwithstanding any other provision of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, must be kept or indexed as a public record under the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters in state law. Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. 36, Contract Bond. Contractor shall deliver to the County an executed bond as security for the faithful performance for all the work required by this contract and for payment of all obligations of Contractor. For contracts of $150,000 or less, the County and Contractor may agree that in -lieu of the Contract Bond; the County will withhold 10% of the Contract amount under R.C.W 39.08.010. If applicable, Contractor will indicate this option on Exhibit D. 37. Contractor's Declaration of Mana��to ion 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 Page 9 of 18 Central Services Construction Contract —Form Approved by PAO on June 25. 2022 I NDEX 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 Exhibit F: Scope of Work (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 10 of 18 Central Services Construction Contract —Form Approved by PAQ on June 25, 2022 EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION 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 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 Contractor cannot certify to the statements in this certification, such Contractor shall attach an explanation. E 6Z1 C"N et-r- CM C, I NC, Name of Contractor (Please print) Name and Title of Authorized Representative (Please print) re of Authorize Representative I cannot certify to the above statement. An explanation is attached. Page 12 of 18 Central Services- Construction Contract —Form Approved by PAO on June 25, 2022 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 JVt�Z > the bidder is not a "willful" violator, as defined in RCW 49.48.082, or 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. (�► 3oN Etz c ri c.., (N c. Bidder's Business Name Soat—eof—Auitorized Official*� IIANS 1�!eh,612./(4.sonl Printed Name d P/ZES1b) JTT Title r `L;�oZ,� ate City State Check One: Sole Proprietorship Partnership Joint Venture Corporation 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. Page 13 of 18 Central Services Construction Contract --Form Approved by PAO on June 25, 2022 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 the funds, as the repository for the escrow of I hereby further agree to be fully responsible for payment of all costs or fees incurred because of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable for any costs or fees in connection therewith. Date Signed D. I hereby elect to provide a Retainage Bond under R.C.W 60.28.011. Date Signed Page t6 of 18 Central Services Construction Contract --Form Approved by PAO on June 25, 2022 EXHIBIT CONTRACT BOND JEFFERSON COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That of _ p _ as Surety, are jointly and as Principal, 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., 20 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) 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 the contract, which contract as so executed, is 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 , 20 PRINCIPAL Page 14 of 18 Central Services Construction Contract —Form Approved by PAO on June 25, 2022 SURETY COMPANY BY :._.� ..__ _ .. By Attorney -in -fact Address of local office and agent of surety company: A. EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN $150,000 A Contract Bbgd will be provided as required. Date Signed In lieu of providing a amount. Date Page 15 of 18 Central Services Construction Contract —Form Approved by PAO on June 25, 2022 will withhold 10% of the Contract N(A EXHIBIT F SCOPE OF WORK AND FEE SCHEDULE Backup Generator Panel Upgrades, UPS & Circuits: -Upgrade the generator backup provisions in the Sheriff s Office Electrical Room to support powering a new Siemens 225 Amp 42- space 120/208V 3-phase generator backup power sub -panel. Larger feeder conductors will be installed from the generator at the jail to the electrical room of the Sheriffs Office using the existing conduit system. The 50 Amp sub -feed output breaker in the generator will be replaced with a 100 Amp breaker. A new Hammond Power Systems 112.5 KVA transformer, new 100 Amp 3-phase disconnect, and 225 Amp rated Cummins OTEC transfer switch will be installed in the electrical room. -In the new Server Room, install an Eaton 93PM 40KVA UPS battery backup with integrated maintenance bypass panel, one external battery cabinet, and install a 100 Amp sub -feed between the 225 Amp Electrical Room generator panel and the Server Room UPS equipment. The 100 Amp 3-phase electrical panel being replaced in the Electrical Room will be re -purposed for use in the Server Room. Make all electrical connections between the UPS system equipment and the 100 Amp 3-phase panel. -In the Server Room add a 20 Amp/208 Volt circuit to each of three ceiling mounted NEMA L14-20R twist -lock receptacle locations in the T-Bar ceiling. -UPS system startup, commissioning, and basic user training will be performed by an Eaton factory representative. Includes 24x7 alarm monitoring, dispatch, reporting, and real-time access to health data through PredictPulse Wireless remote monitoring. At system startup, the Eaton technician will install the PredictPulse remote monitoring system including LTE cellular modem/router hardware and AT&T Wireless data plan and activation. Power Quality Terms and Conditions apply to manufacturer's warranty. Eaton technician startup includes familiarization training to be performed at the time of startup. If training will need to occur at a later date, additional costs will be charged by Eaton. -Transfer switch programming and transfer testing will be performed by a Cummins factory representative. Includes one tech for one day on site during normal business hours. -Allow for 1-2 weeks of loss of use of lights and outlets powered from the generator panel in the Sheriffs Office Electrical Room while the Page 17 of20 Central Services Construction Contract -Fonn Approved by PAO on June 25, 2022 new feeder, transformer, transfer switch, 225 Amp generator panel and associated wiring & components are being installed for the Electrical Room. The duration for this loss of use will be dependent on any issues encountered during the sub -feed replacement between the Jail and Sheriffs office and Cummins technician availability for programming and transfer testing. During this time all lights and power outlets powered by the Sheriffs Office generator panel will not work. This downtime will not impact any Jail electrical panels or generator backup capability to the Jail. -Power to the Sheriffs Office will need to be temporarily shut down after hours to safely install the upgraded feeder from the electrical service to the generator transfer switch. This is due to the high current hazards present at the electrical service. The date and time of this work will be coordinated in advance to minimize impact. -A timeframe of approximately 4 hours will need to be coordinated for loss of backup generator capability to the Jail while upgrading the generator output wiring to the breaker serving the Sheriffs Office. This will not impact normal utility power to the Jail, only the ability to run on backup power. Heat Pump Circuits: -Add two 30 Amp/208 Volt two -wire heat pump circuits from the 225 Amp electrical room generator panel to the roof mounted heat pump locations. Surface mounted conduit will be installed along the interior of the dormers between the attic and the fuseless disconnects being mounted on the exterior corner of the dormers. -Add one 20A/120V circuit to a GFCI protected service receptacle on the roof. Receptacle will be integrated into one of the heat pump disconnects. -Connect power between the fuseless disconnects and the heat pump units. -No control/power wiring between outdoor heat pump compressors and indoor head units is included. Payment terms: 50% down payment prior to ordering materials, 50% upon project completion. (Less legally required retainage) Notable Materials Lead times: Transfer switch: 16-18 weeks UPS backup equipment 14 Weeks Page 18 of 20 Central Services Construction Contract Form Approved by PAC) on June 25, 2022 Warranty: For a warranty period of 12 months from the date of final invoice, the contractor warrants that all work will be performed in accordance with the contract and pursuant to the oral or written directions of the customer. The contractor warrants that it will perform all necessary labor to repair or replace all work which does not conform to the contract at no cost to the customer, and will expeditiously act in good faith to secure replacement product under warranty of others, the cost of replacement product being paid by the warranting supplier or customer. Any claim or cause of action arising out of tort or out of the terms of the contract, including the warranty, and any claim for indemnification must be filed in a court of competent jurisdiction within 4 months following expiration of the warranty period. Notes: -The pricing in this proposal is based on the existing conduit system between the generator at the jail and the electrical room in the Sheriffs Office being re -used to route the required upsized generator feeder conductors between those two points. Any required repairs to address blockages, breaks, or other issues in the existing conduit system are not included in this proposal. Any required conduit repairs will be performed at an additional cost. -The pricing in this proposal is based on having prompt access provided to all required areas of the facility when and as needed to perform the installation as well as being able to shut off power to the generator sub -panel and any other required power sources when and as needed. No wait time is included in this proposal. Additional labor charges will apply for wait time resulting from a lack of access to any required areas of the facility and/or lack of ability to shut off power when and as needed. -UPS/maintenance bypass cabinet, UPS battery cabinet, and transformer will be shipped directly to the Sheriffs Office. -The work in this proposal will require an electrical inspection by a Washington State Labor & Industries Electrical Inspector. Washington State Electrical Permit and inspection is included. r ,nt•y! i t � c,;, �.,,trricti"n ,rt[�ct �r �lpp ,�.,,1'�. t� el;nE .« JEFFERSON COUNTY WASHINGTON Board of County Commissioners JeffersCounty, Washington By: l//I��2 Z Heidi isenhour, Chair Date Rv, Approved Telephonically i lbil? Z Kate D an, Commissioner Date By. ///? 912 z reg Brotherton, Commissioner Date SEAL: ATTEST: Carolyn Gallaway Date Clerk of the Board Approved as to form only: November 22, 2022 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Page I I of 18 Central Services Construction Contract - Form Approved by PAO on tune 25, 2022 CONTRACTOR By: 12'4�L Zgnature Name: 11,4,vr Eoe1C%'QN Title: Pf��-flej T Date: 6 Av2,3 FEESCHEDULE The amount the contractor will be paid is a flat fee of two hundred sixty-nine thousand seven hundred sixty-five dollars and two cents ($269z765.02). The contractor understands and agrees that this is the total amount the County will pay for all the work described. Page 20 of 20 Central services Construction Contract- --Form Approved by PAO on June 25, 2022 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Chris Goy, Central Services Director DATE: November 28, 2022 RE: Electrical and Backup Upgrade for New County Critical Information Technology Room (CRITR) STATEMENT OF ISSUE: The Central Services Department is requesting Board of County Commissioners approval of a contract with Frederickson Electric, Inc. for an electrical and backup power upgrade at the new County Critical Information Technology Room located at the Port Hadlock Sherriff's Department Facility. The existing 250kW backup generator and electrical service at this location is insufficient to support the needs of the additional equipment necessary to fully implement a transition. ANALYSIS: Currently, the County's server equipment is housed in the County Courthouse — a building with known vulnerabilities: it is not seismically survivable; it has no generator back-up power, etc. This was exemplified by the loss of critical County information systems during a recent powerful windstorm, which complicated the County's response to the weather emergency. Creating a central and secure server location will allow for future expansion while taking care of the County's immediate backup power and security concerns. In order to fully implement this plan, a number of electrical upgrades must take place to ensure long-term proper care of newly -acquired equipment. This essential work includes: upgrading the power service from the existing backup power generator, replacing an undersized backup power distribution panel, the installation of a new uninterrupted power source (UPS), and a new service bypass switch required for said new UPS. This is a no -bid contract authorized due to the Board's November 21, 2022 designation of the CRITR as a "special facility." FISCAL IMPACT: Two hundred sixty-nine thousand seven hundred sixty-five dollars and two cents ($269,765.02). RECOMMENDATION: Approval of the attached contract. 43 z—z-- Date 11 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Frederickson Electric Contract No: 301205TBA Contract For: Sheriff office Backup power/electrical upgrade Term: 2022-2023 COUNTY DEPARTMENT: central Services -Facilities Contact Person: Matthew court Contact Phone: 360-531-1591 Contact email: mcourt@co.jefferson.wa.us AMOUNT: 269,765.02 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: 269,765.02 Competitive Sealed Bid Matching Funds Required. Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # RFP or RFQ Munis Org/Obj Other: Special facility exemption APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COIVIPL WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: RE N/A: Signature Date STEP 2: COUNTY AGENCY. DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL CERTIFIED: F N/A: U '--.� 11- 22- Z02-Z. Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): 2a- STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL