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To:
From:
Agenda Date:
Subject:
Department of Public Works
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
Board of Commissioners .
Philip Morley, County Administrator
Frank Gifford, Public Works Director ....1J/
February 6, 2012
Qullcene Compactor Box Haul
Statement of Issue:
Public Works operates a solid waste collection fadlity in Qullcene using compactor
boxes that must be hauled and emptied at the Transfer Station. This requires having a
commerdal "G" certificate hauler that is approved by the Washington Utilities and
Transportation Commission. Murrey's Disposal Inc. is the only approved solid waste
hauler in Eastern Jefferson County.
Analysis/Strategic Goals/Pro's & Con's:
This is a mission critical business function provided as a service to the public with no
other alternative .
FiscallmpactlCost Benefit Analysis:
The service is provided on an as needed basis that is dependent on volume of solid
waste business. The rates are unit price per the rate sheet attached to the contract.
Recommendation:
Approve contract as submitted.
Department Contact:
Frank Gifford x175
Reviewed By:
:d ;; L-
Date
a
CONTRACT
JEFFERSON COUNTY, WASIllNGTON
THIS AGREEMENT, made and entered into this 6th day of Febl'llllIY, 2012, 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 (hereinafter called the "County"), and MURREY'S DISPOSAL COMPANY, iNC., a Washington
corporation, of Port Townsend, 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:
I. The Contractor agrees to furnish all labor and equipment and do certain work, to-wit and that the Contractor will
undertake and complete the following described work:
Contractor will transport the County's thirty (30) cubic yard compactors and thirty (30) cubic yard open top container
from the Jefferson County Rural Drop Box Facility located at 295312 Highway 101 in Quilcene, WA, to the Jefferson
County Solid Waste Disposal Facility at 325 Landfill Rd. in Port Townsend, W A.
The Contractor shall haul such containers on an as-needed basis when the County so requests, in writing. The Contractor
shall have two (2) business days from notification to empty and return the containers to the Quilcene Rural Drop Box
Facility.
All loads shall be tarped or otherwise securely covered unless otherwise agreed upon in writing by both parties prior to
shipment.
Fees fur this service, including mileage charges, are established by the Washington Utilities & Transportation
Commission (the "WillC"), and are as shown on Exhibit A, attached hereto and incorporated herein by reference. The
fees for the services to be performed hereunder by the Contractor shall automatically be adjusted from time to time as
such fees are adjusted by the WUTC and the parties shall periodically update Exhibit A to reflect such adjustments.
All permits and other fees associated with performance of the above work that are not set forth by the WUTC are the
responsibility of the Contractor. The Contractor shall assume liability of the containers upon loading containers onto
Contractor's equipment; provided, however, the Contractor shall have no obligation to collect, haul or dispose of any
radioactive, volatile, corrosive, highly f1ammahle, explosive, biomedical, infectious, biobazardous, toxic or hazardous
material as defined by applicable federal, state or local laws or regulations ("Hazardous Waste"). Additionally,
notwithstanding anything to the contrary contained herein, title to and liability for any Hazardous Waste shall remain with
the generator of such waste. The Contractor shall notifY the County as soon as practicable after its discovery of any
Hazardous Waste. The County acknowledges and agrees that, except as provided for in the prior sentence, the Contractor
shall have no responsibility, obligation or liability as it relates to Hazardous Waste.
Contractor will perform this service over the five (5) years of the contract in accordance with specifications stated above
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 Agreement and every part thereof, provided that such altemtion or addition is agreed to by the Contractor,
in writing, and the Contractor is appropriately compensated for such additional work.
The Contractor shall complete the described work as follows: with a start date of Fehl'llllIY 6, 2012 and a
completion date ofFehl'llllIY 6, 2017 and in accordance with the contract renewal terms set forth in Section 9 below.
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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.
The Contractor shall bill the County for all services, whether regular or special. The Contractor shall
provide itemized bills, showing charges for all classifications of service, including the charges for late payment,
service fees, rentals, rebates, etc. Billings shall be made on a monthly basis for all services provided under this
Agreement, and the County will remit payments within thirty (30) days after receiving each invoice. In the
event an invoice becomes past due, the Contractor may provide the County with a written notice that services
may be temporarily discontinued if said invoice is not paid within thirty (30) days of such written notice.
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 uuit 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 himse~ 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 shal1 obtsin 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: vn. The Contractor shall provide to the County
Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the
commencement of work to be performed.
The insurance policies required hereunder shal1 provide that the County shal1 receive notification of the
cancellation of any such policy, in accordance with the provisions of such policies.
If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments
to the Contractor shal1 be withheld until all such requirements have been met, or at the option of the County, the County
may pa;y the renewal premium and withhold such payments from the moneys due The Contractor.
All notices shall name the Contractor and idenillY 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 shal1 procure and maintain
for the life of the con1ract, Workers Compensation Insurance, including Employers Liability Coverage, in
accordance with the laws of the State of Washington.
B. General Liability(l) - with a miuimum 1imit per occurrence of one million dollars ($1,000,000) and an
aggregate of not less than two million dollars ($2,000,(100) for bodily injury, death and property damage unless
otherwise specified in the contract specifications. This insurance coverage shall contain no 1imitations 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 Contractoa1 Liability.
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(I )Note: The County shall be named as an additional insured party under this policy.
C. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and
property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the
certificate of insurance the following coverage:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non-owned automobiles.
(2) Note: The County shall be named as an additional insured party under this policy.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of
the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured
retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of
the requirements stated herein.
Failure of The Contractor to take out and/or maintain any required insurance shall not relieve The Contractor from
any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses covered by the above described
insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse
against the County (including its employees and other agents and agencies) for payment of any premiums or for
assessments under any form of policy. It is further agreed by the parties that any and all deductJ.'bles in the above
descn'bed 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 indenmiiY 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 to the extent arising from the Contractor's negligence or breach of any of its obligations
under this Agreement; provided, however, that nothing herein shall require the Contractor to indenmiiY the County
against and hold harmless the County from claims, demands or suits to the extent arising out of the negligence or willful
misconduct of the County, its oflicers, employees and agents or any other third party.
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
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infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restmint of competition.
The Contractor specifically assumes potential liabili1y 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 specificaIIy 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 ofR.C. W. 4.24. I I 5 and was subject of mutuaI negotiation.
6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein
contained sball 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 responsibili1y of the Contractor.
7. The Contractor sball not sublet or assign any of the services covered by this contract ~thout 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. The Contractor sball provide a Contract Bond annually for the amount of the previous year total value of
services rendered, as shown in Exhibit B. The Contract Bond shall run concurrently with the starting and
ending dates of each year of the Agreement and there shall be no gap in coverage as one bond replaces another.
The County shaIl receive the Contract Bond within the first two months of each annual cycle of the Agreement.
A sample bond is shown in Exhibit C.
9. Work under this Agreement shaIl commence upon the first day of the month following the giving of
written notice by the County to the Vendor to proceed. The length of the Agreement shaIl be for a minimum of
one (1) year, automatically renewed annually for four (4) additional years with the cost established herein. The
County reserves the option to negotiate another five (5) year Agreement based on the rates established by the
WUTC. Cancellation of Agreement by either party sball be in writing at least ninety (90) days prior to the
discontinuation of service.
10. Work shaIl be accomplished on an "on-caIl" basis and in aligmnent with the hours the facilities are open
to the public; Monday through Saturday.
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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 Contmctor (,.:r p..~
Contmctor
.201...L
1v1l:>lZ.l1S'f "l-;'Ptl.!.I''' eo
By:
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Re>'be<-\-- A Nle \sell :m:
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 Z, ~
O~eJI] 201 I
Frank Gifford
Public W 000 Director
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CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGmILITY, 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, bn1lery, 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 came or default.
Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an
explanation.
{fJ,ureyl.t. V;J'V()Sc,1 CrJIIIPf.ttlY ~p(...
Name of Contractor
~rJ +- ~Vc,'-elll ~ . V,(}./.n'rk' YY1'1vltf}e(
Name and Title of Authorized Representative
~~~
Signature of Authorize Representative
o I am unable to certify to the above statement. An explanation is attached.
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EXHIBIT A
WASHINGTON UTILmES & TRANSPORTATION COMMISSION
TARIFF No. 23 - Murrey's Disposal Co., Inc.
Rates in effect July 2011, to be used for the calculation ofthe Contract Bond
Additional Mileage Tarplng Total cost per
WUTe Tarifl'23 Item # Base Rate charge over 10 Charge haul
miles
Item 275 - Drop Box Service-
30 Cubic yard - Compacted $206.25 $53.62 N/A $259.87
Material
Item 265 - Drop Box Service -
30 Cubic yard - Non- $114.65 $53.62 $168.27
Compacted Material- Open
Box not tarped
Item 265 - Drop Box Service-
30 Cubic yard - Non- $114.65 $53.62 $40.50 $208.n
Compacted Material- Open
Box
.
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EXHIBIT B
.
2010 Transport History at Current Rate
to Determine First Year Bond Amonnt
Service Item No. of Approximate
Service Value at
Items current rate
T rt Com Material 17 $4,418
T rtNon-Com Material 4 $673
Total tarping charges 4 $162
Totals 21 $5,253
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Bond No. 41232092
Premimn $150.00
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Murrey's Disposal Company, Inc. . as Principal,
and Platte River Insurance Company . a corporation duly organized
under the laws of the state of Nebraska and licensed to do business in the State of Washin!\lOn . as Surety,
are held and firmly bound unto CountyofJefIerson (Obligee), in the penal smn of
Five Thousand, Two Hundred Fifty-Three DolIaIS and 00/100 ($5,253.00 ) Dollars,
lawful money of the United States of America, for the payment of which smn, well and truly to be made, the Principal and
Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a
certain written Contract with the above named Obligee for Solid Waste Hauling
and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and
incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term
of the bond as set out below.
NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the Contract, according to the terms, stipulations or conditions thereot; then this obligation shall become null and
void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee
subject to the following express condition:
Notwithstanding the provisions of the Contract, the term of this bond shall apply from Februarv 1. .2012. until
Februarv I. .2013. and may be extended by the Surety by Continuation Certificate. However, neither
nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of
nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof.
The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be
cmnulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements
properly issued by the Surety as supplements thereto.
Sealed with our seals and dated this ~ day of January
.2012.
'f4~ ~ 'Y;-UfA ",:J~ LJ.
(Witness) ------, U
(Attest)
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8-5025 (7/98)
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ACKNOWLEDGMENT
State of California
County of
Sacramento
)
On
Janl1ll1Y 9. 2012
Sl1~An Fournier. NotaJ:y Public
(insert name and title of the officer)
before me,
personally appeared David W. Garese
who proved to me on the basis of satisfactory evidence to be the person(~ whose name(-&} Istare
subscribed to the within instrument and acknowledged to me that helsh8Jtl:ley executed the same in
his/flerAAelr authorized capaclty(ies}, and that by hlslAer.JtAeir signature($) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TV OF PERJURY under the laws of the State of Califomla that the foregoing
paragraph Is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)