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HomeMy WebLinkAboutCONSENT Tree removal for site prepDepartment of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma Public Works Directpr1,1___ Agenda Date: March A, 2026 Subject: Construction Contract Olympic Resources - Mike Nelson Oil City Rd Culvert Replacement MP 0.5 Project No. 18021180 Statement of Issue: Construction contract with Olympic Resources, to complete tree removal services as required for the Oil City Rd Culvert Replacement MP 0.5 Project No. 18021180. Analysis/Strategic Goals/Pro's £t Con's: This request seeks Board approval to execute the construction contract with Olympic Resources (Mike Nelson). By securing these specialized falling and log -transporting services, the County can ensure the project site is prepared for the upcoming culvert installation. This project has dual benefits of enhancing fish passage as well as correcting a long overdue road alignment correction that will enhance safety. Approval of this contract directly enables the project to move forward into its next phase of construction. Fiscal Impact/Cost Benefit Analysis: None, reimbursement for this work and associated staff time will be provided by FHWA resulting in no cost to the county. Recommendation: The Board is asked to approve and execute the three (3) originals of the construction contract with Olympic Resource and return two (2) signed originals to Public Works (Attn: Josh Thornton). Department Contact: Josh Thornton, 385-9162 Reviewed By: .4L-)L Jo Peters, County Administrator Date CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Olympic Resources Contract For: Tree Removal for site preperation Term: 30 days COUNTY DEPARTMENT: PUBLIC WORKS Contact Person: JOSHUA THORNTON Contact Phone: 360-385-9162 Contact email: JTHORNTON@CO.JEFFERSON.WA.US AMOUNT: 38,250.00 Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Fund # Munis Org/Obj 180000010.331202 180000059500.65.00 X. FLAP Clear Form Contract No: 1 PROCESS: Exempt from Bid Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other: Limited competitve APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C MPLIANNCE WI H JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ■F N/A:11 13 a6 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: Fm� N/A: , 3 a 6 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): V Electronically approved by Risk Management on 2/20/2026. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/20/2026. PAO pre -approved form. No need for PAO signature. * * * Palo Pre -approved corm*** 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 CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this 6th day of February , 2026 , between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36, R.C.W, as amended and Mike Nelson of Olympic Resources 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: Coordinate with relevant utility providers, remove and dispose of all trees designated in Exhibit G. Tree Falling, certified flagger crew and road closure signage, equipment- including Excavator with grapple attachment, operator time and ground crew, Transporting of logs, processing materials into firewood at secondary location. for the total sum of thirty eight thousand two hundred and fifty dollars ($ 38.250.00 ) in accordance with and as described in the attached plans and specifications and in the AIA Document A201 2017 `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: within 1( 4 ) calendar days after the Notice to Proceed to the point of Substantial Completion. The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof. 2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the condition provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk Manager certificates of insurance with original Constniction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 1 of 10 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. Constriction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 2 of 10 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 fiunish 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. 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 Construction Contract Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 3 of 10 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. 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 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 Contract F Version 1 Risk Legal Review Date 06/17/2020 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 2026 Contractor: Mike Nelson / Q u ►n p t r, r4 e.ScxAzlp_5 (Please print) By: (Please print) OLYMPR'820JK State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Heather Dudley-Nollette, District 1 Heidi Eisenhour, District 2 Greg Brotherton, District 3 Approved as to form only: Philip H sucker Date Chief ivi eputy Prosecutor so Z� Eric kuzmaeDate Public Works Director Construction Contract Contract E Version 1 Risk Legal Review Date Ofi IM020 Page 5 of 10 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. Mike Nelson MqM? C, Name of Contractor (Please print) I b. Name an(J (Title gf/Authoriz6d Representative (Please print) Authorize Representative 0 I am unable to certify to the above statement. An explanation is attached. Construction Contract Contract F Version 1 Risk Legal Review Dale 06/1712020 Page 6 of 10 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 1/30/2026 , the bidder is not a ` willf d" 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. Printed Name Title()Wrnr a lie;+ I Date City State Check One: Sole Proprietorship Partnership 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 oJJ`icer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. Construction Contract Contract F Version 1 Risk Legal Review Date 06/172020 Page 7 of 10 A. EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN $150,000 A Contract Bond will be provided as required. Date In lieu of providing a Contract Bond, Signed the County will wi old 1 % of the Contract amount. Signed Construction Contract Contract F Version 1 Risk Lept Review Date 06J) V2020 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 this contract held in a fund by the Owner until (30) days following final acceptance of the work. Date lQ o��ol 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. 1 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 Contract F Version 1 Risk Legal Review Date 06/17/2020 Page 10 of 10 Exhibit G WASHINGTON KEY MAP TYPE OF CONSTRUCTION: Culvert replacement DESIGN DESIGNATION: ADT(2026) 200 ADT(2046) 250 V 30 MPH e (max) N/A SPECIFICATION: Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-24 TR4#Ir. '�BsrltE{ Ct e'►t: PLANS PREPARED BY U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION WESTERN FEDERAL LANDS HIGHWAY DIVISION VANCOUVER, WASHINGTON U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION PLANS FOR PROPOSED PROJECT WA FLAP JEFFER 134309(2) TWO TROUT CREEK CULVERT REPLACEMENT JEFFERSON COUNTY WASHINGTON LENGTH 0.095 MILES N -- <FBO �1L�NeT OLYMPIC INDIAN NATIONAL kESF3VATION K PARK CLALLAM CO. JEFFERSON CO. PACIFIC OCEAN PROJECT LOCATION ^ 101 OLYMPIC NATIONAL See Sheet A. PARK INDIAN RESERVATION Scale In miles 1 0 1 2 3 SHEETINDEX A. GENERAL INFORMATION A.1 TITLE SHEET A.2 INDEX TO SHEETS A.3 PLAN SYMBOLS AND ABBREVIATIONS A.4 VICINITY MAP B. SUMMARY OF QUANTITIES B.1-2 SUMMARY OF QUANTITIES C. TYPICAL SECTIONS CA TYPICAL SECTIONS D. PLAN -PROFILE D.1 SURVEY CONTROL D.2 TABULATION OFQUANTITIES - PLAN -PROFILE D.3 PLAN -PROFILE DA TREE PLAN E. ENVIRONMENTAL MITIGATION AND ERESION CONTROL EA TABULATION OF QUANTITIES E.2 PLAN ERESION CONTROL E.3 ENVIRONMENTAL MITIGATION LOG BARRIER EA WILLOW AND COTTONWOOD INSTALLATION DETAILS E.5 TEMPORARY DIVERSION BERM METHODS E.6-11 ERSOSION CONTRL DETAILS F. SAFETY F.1-3 GUARDRAIL DETAILS G. DRAINAGE G.1 TABULATION OF DRAINAGE QUANTITIES G.2 TWO TROUT CREEK CULVERT PLAN AND PROFILE G.3 SIMULATED STREAM CULVERT TREATMENT GA CULVERT SEDIMENT RETENTION SILL DETAILS G.5 ROCK WEIR DETAIL G.6-7 BOX CULVERT STRUCTURE DETAILS H. TEMPORARY TRAFFIC CONTROL PLAN H.1 TABULATION OF QUANTITIES H.2 TEMPORARY TRAFFIC CONTROL ADVANCED SIGN MAP H.3-5 TEMPORARY TRAFFIC CONTROL STANDARD DETAILS PRELIMINARY PROM- N WA FlAP JEFFER 11I10912) O A o 3. F N N 101 aoPo 101 )Jec ra �o END PROJECT 8+00 /\_ T N= 312,094.5819 E= 798,095.8852 \!Z•F 1 BEGIN PROJECT \ 3+00 .� N=311,665.6155 E- 797,847.1855 VICINITY MAP PROJECT WA FLAP 3EFFER 1313e9(2) TCE ICE TCE 'CE TCE ICE TM TCE y \ Ul 1 ................. ..................... .... W H I'./ r _ y� 1S'H fin Ln / F 9' N to H 10'H _ •.......�.. 1 N R/ l -1_._______.___________.__.- N R/W R/W N � Existing edge of road Existing edge of road CP s* } 11 N ^ N ry N 1•• _ .r— /W n „ ....../i R/W R/W R/W �ME ICE TCE ME TCE ICE* 10E TCE H/W y T U w R V H = Hemlock A = Alder C = Cedar Tree Removal Sheet 1 of 2 ' \ PROJECT MEET NUMBER WA MP 1EFPE0. 134309(3) Pbn x T ' ME _ XM Jh ri R/W R/W \0000 1^ d 3 \ a \ - e . za.a ..., c^Y R/W R/W O to'� b I b V _ _ ^ R/W T_ O _ N N _ 7N Edge of existing road i �•~ _ w c c _ Nf n N N q In b .. Zo M N h nl �1 n 1ri in ai ----------------------------------- �R/W ,2'C / \ ,x•N R/w R/W c / ! •',9:1, R/W R/W TC[ ,a R / ♦—�` i ,x6 pig RCE)ff H = Hemlock Tree Removal $ = Alder C =Cedar Sheet 2 of 2 �