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HomeMy WebLinkAbout051611_ca03 Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Adrninistrator Frank Gifford, Public Works Director :;}Y:J From: Agenda Date: May 16, 2011 Subject: Execution of Contract with Anderson Environrnental Contracting LLC, Dismal Creek Culvert Replacement, Upper Hoh Road M.P. 9.19, Federal Aid Project No. ER-0701 (051), County Project No. X01736 Statement of Issue: Execution of Contract with Anderson Environmental Contracting LLC for the Dismal Creek Culvert Replacement project, County Project No. X01736. Analysis/Strategic Goals/Pro's 8: Con's: Emergency repairs were completed at Upper Hoh Road M.P. 4.0 in March, 2007, with construction of 400 lineal feet of armored bank protection. Remaining work consists of mitigation as required by the Washington State Dept. of Fish 8: Wildlife (WDFW). Mitigation will be satisfied by replacing the fish-passage barrier culvert at Dismal Creek, Upper Hoh Road MP 9.19, with a 3-sided concrete box culvert. This contract is for the replacement of the culvert at Dismal Creek. FiscallmpactlCost Benefit Analysis: The Contractor's bid amount is $258,327.31. This will be funded at 86.5% by the Federal Highway Administration, and 13.5% by County road funds. Recommendation: Public Works recommends that the Board execute all three (3) copies of the Contract with Anderson Environmental Contracting LLC and return two (2) copies to Public Works for further processing. Department Contact: Monte Reinders, County Engineer, 385-9242. Reviewe,d By: , " 'j / ,/ ~ ;~/ ~/. /,/ .-'../ "c.__ Date / J' "<",,, " -1-> ;"j (>7 /" / 1:).- _ - \ i I ~--- r PhiliP Morley, ~nty Admi~)ssrator -""--'~- .... - .,,'" CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of , 201_, between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36, RCW, as amended and Anderson Environmental Contracting LLC of Kelso, Washington 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: This contract provides for the replacement of the culvert at Dismal Creek at mile post 9.19 on the Upper Hoh Road. off of State Highway 101 near Forks W A. Construction shall consist of furnishing and installing a new 22 ft. span precast. reinforced concrete. 3-sided box culvert with precast footings and precast wingwalls. constructing and removing a temporary traffic bypass. stream restoration. repaving. guardrails. site restoration. and other work as directed by the Engineer for the total sum of Two hundred fifty eight thousand three hundred twenty seven dollars and thirty one cents ($258.327.31) in accordance with and as described in the attached plans and specifications and the Standard Specifications of the Washington Department of Transportation 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: The Contractor shall commence construction activities on the project site within ten days after the Notice to Proceed Date. Contract time shall begin on the first working day. Beginning with the first working day. the project shall be physically complete within 40 working days. 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 endorsements affecting insurance required by this clause prior to the commencement of work to be performed. Page I of8 C:\Active Files\Active Projects\Upper Hoh Rd MP 4.0\mitigation - Dismal Creek\Bid Award Execution\Contract\Construction Contract.doc Revised 1/11/11 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(l) - 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. (l)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: I. 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 pdor 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. Page 2 of8 C:\Active Files\Active Projects\Upper Hoh Rd MP 4.0\mitigation - Dismal Creek\Bid Award Execution\Contract\Construction Contract.doc Revised 111l/11 # 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. 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, W A. The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, .or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a) the Contractor's agents or employees; and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's negligence, or the negligence of the Contractor's agents or employees. Claims against the County shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C. W. 4.24.115 and was subject of mutual negotiation. 6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant, and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. Page 3 of8 C:\Active Files\Active Projects\Upper Hoh RdMP 4.0\mitigation - Dismal Creek\Bid Award Execution\Contract\Construction Contract.doc Revised 1111/11 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. 9. The Contractor will declare management option of the statutory retained percentage on Exhibit B. Page 4 of8 C;\Active Files\Active Projects\Upper Hoh Rd MP 4.0\mitigation - Dismal Creek\Bid Award Execution\Contract\Construction Contract.doc Revised 1/11/1 I 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 Contrnctor ~ . C1 ,201~ Contractor A,-1dU"~o/1 E/JIII/or7/J1~/1fa/ CO/JI-/'cich~?J LL C- By: ~6<~_ ,4lSl OlEa. \E t"",oC1 c;' PD State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member " Approved as to form only this I:::n d Page 5 of8 C:\Active Files\Active Projects\WilloughbyCreek Bridge\Bid Award Execution\Contract\Construction Contract.doc Revised 1/11111 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 debannent, 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. A /)d~/50/1 G?v irO/1/11e",I<t1 G,/ll-rei C; h/7y LL C. Name of Contractor K~\" W t ~( Name and Title of A thorized Represen \J, ,~-~~ Signature of Author Representative o I am unable to certifY to the above statement. An explanation is attached. Page 6 of8 C:\Active Files\Active Projects\WilJoughbyCreek Bridge\Bid Award Execution\Contract\Construction Contract. doc Revised 1/11/11 . , <:::) \<. 'Cr-' tv \....,~ Bond No. ASB-52139 1. CONTRACT BOND JEFFERSON COUNTY, WASHINGTON KNOW ALL lvlEN BY THESE PRESENTS: Anderson Environrrental That COntracting, LLC . of Kelso, Washington ....J as Principal, and Arrerican Safety Casualty. . I ("'~:::''''''Y' ' as Surety, are JOintly and severaJly held and bound unto the COUNlY OF nsurance '-'AL~.I: JEFFERSON, the penal sum of Two hundre fi ei ht usand three hundred n seven dollars and thi one cents ($258327.31 ). for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, finnly by these presents. Anderson 1ft\~'l4!~~r bond is such that WHEREAS, on the _ day of , A.D., 20 11 the said Contracting, LLC . Principal herein, executed a certain contract ~ith the County of Jefferson by the Anderson EnVJ.rOnrren~I- , terms, conditions and provisions of which contract the said Constractinq, LIC . 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: Dismal Creek Culvert Replacerrent County Project No. X01736 Upper Hoh Road MP 9.19 Federal Aid No. ER-9701(051) . . 10 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 ifhere set forth at length. NOW TIlEREFORE, if the Principal herein shall faithfully and truly observe and comply with the tenos, conditions and provisions of said contract, in all respects and shall well and tnlly and fully do and perform all matters and things by the said Principal undertaken to be performed under said contract, upon the tenns proposed therein, and within the time prescribed therein, and until the same is accepted, and shaJl pay all laborers, mechanics, subcontractors and materialmen, and aU persons who shall supply such contractor or subcontractor with provisions and supplies for the canying on of such work, and shall in aU 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 6thdayof May Anderson Environm::mtal Contractinq, LLC PRINCIPAL By:/~~~ , 201J:. Arrerican Safety Casualty Insuran~ Crnpany SURETY CO~ Fix Address of loca, oflke and agent of surety company: c/o CB&MS of WA., INC. PO Box 75715 SP..attle, WA---98175 Page 7 of 8 ........... NUMBER. ASB-521301 POWER OF ATTORNEY ~ ~ ACORDfib CERTIFICA TE OF LIABILITY INSURANCE r DATE (MMlDDNYYY) ~ 5/9/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER gf~~~CT Janice Wilson JD Fulwiler & Co. 'Insurance, Inc. r~~NJnFri" (503)293-8325 TFAX iAlc Nol: (503)293-5418 5727 SW Macadam Ave ~~~ss:jwilson@jdfulwiler.com PO Box 69508 PRODUCE~ In ",00035975 Portland OR 97239 INSURERlSI AFFORDING COVERAGE NAIC# INSURED INSURER A :Westchester Surplus Lines Ins INSURER B North Pacific Insurance Co. 23892 Anderson Environmental Contracting LLC INSURER C : 705 Colorado St INSURER D : INSURER E : Kelso WA 98626-5506 INSURER F : COVERAGES CERTIFICATE NUMBER:Upd.ated Auto 11-12 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE r= I~~ ,:SM~ I~lf,~ LIMITS lTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 I-- ~ =:]MMERCIAl GENERAL LIABILITY PREMIS~S TEa occurrence' $ 50,000 A CLAIMS-MADE [i] OCCUR G24115501001 3/1/2010 3/1/2012 MED EXP (Anyone person) $ 10,000 I-- ~ Contractors Pollution $5000 Oed. Gl, PERSONAL & ADV INJURY $ 5,000,000 - $10,000 CPL GENERAL AGGREGATE $ 10,000,000 GEN'L AGGRnE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ 10,000,000 "ilPOLlCY ~~T rI LOC $ AUTOMOBilE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 - (Ea accident) X ANY AUTO I-- ~07162822 13/1/2011 13/1/2012 BODILY INJURY (Per person) $ B I--- ALL O'M'-JED AUTOS BODILY INJURY (Per accident) $ I---- SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ - X NON-OIJ\If'.IED AUTOS $ - $ X UMBRELLA L1AB f!1 OCCUR l!:xcess over the Auto and EACH OCCURRENCE $ 4,000,000 I-- Stop Gap EXCESS L1AB CLAIMS-MADE AGGREGATE $ 4,000,000 I-- DEDUCTIBLE $ B RETENTION $ (:07162822 3/1/2011 3/1/2012 $ A WORKERS COMPENSATION !stop Gap (WA) 3/1/2010 3/1/2012 I T~~T~JI~C: I IOJ~- AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT $ 1.000.000 OFFICERlMEM8ER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1. 000 . 000 g~;~~rhc:b~ ~~~PERA TIONS below E.L. DISEASE - POLICY LIMIT $ 1'; 000 . 000 A Professional Liability G24115501001 13/1/2010 13/1/2012 Claims Made $5,000,000 Claims Made Ded/ 10,000 Aggreagrate $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Jefferson County Department of Public Works is added as additional insured. All operations of the named insured subject to policy provisions, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA nON DATE THEREOF, NOTICE WILL BE DELIVERED IN Jefferson County Department of ACCORDANCE WITH THE POLICY PROVISIONS. Public Works 623 Sheridan Street AUTHORIZED REPRESENTATIVE Port Townsend, WA 98368 --- Janice Wilson/WILSON J~''''-~~ . ~.,,-~~ ACORD 25 (2009/09) INS025 (200909) @1988-2009ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~~... .; , EXHIBIT B 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~ck" ~ 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 Page8of8 C:\Active Files\Active Projects\ Willoughby Creek Bridge\Bid Award Execution\Contract\Construction Contract.doc Revised 1/11111