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HomeMy WebLinkAbout011413_ca03Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Frank Gifford, Public Works Director ~.,~J Agenda Date: January 14, 2013 Subject: Contract with Reeves Excavating and Land Clearing, Inc. Thousand Trails Road MP 0.099 Emergency Culvert Repair County Project No. X01921 Statement of Issue: Execution of construction contract with Reeves Excavating and Land Clearing, Inc. of Quilcene, Washington for emergency repair of the culvert at Thousand Trails Road milepost 0.099. Analysis/Strategic Goals/Pro's 8 Con's: The County declared a state of emergency (Resolution 68-12) due to heavy rains beginning on November 16, 2012. On November 20, at Thousand Trails Road milepost 0.099, the culvert failed and caused a slope washout, making travel unsafe and threatening to cut off access to residents living beyond the. washout. Stabilization and repair began on November 20 using Reeves Excavating and Land Clearing. Repairs are being conducted on a time and materials basis according to the rates contained in the attached contract. Fiscal Impact/Cost Benefit Analysis: The contract with Reeves Excavating and Land Clearing is approximately $12,000. The total project cost is approximately $20,000 including County supplied culvert and rock from Penny Creek Quarry. Recommendation: Please execute the three originals of the attached contract and return two to Public Works. Department Contact: Mark Thurston, P.E., Project Manager, 385-9160. Reviewed By: i i~7/~~ P ilip M rley, ount' dminis ator Date THOUSAND TRAILS ROAD MILEPOST 0.099 After repairs -November 27, 2012 Before repairs -November 20, 2012 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 Reeves Excavating and Land Clearing Inc• of (~uilcene, Washin on 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: Emergency culvert repair at milepost 0.099 on Thousand Trails Road (County Road No. 409109) on a time and materials basis in accordance with the. rates and provisions attached hereto. Work includes, but is not necessarily limited to, hauling and placing riprap fill material from various sources, installation of culverts, traffic control and site cleanup; for a total approximate sum of Twelve Thousand Dollars x$12,000). Work is to be directed by the County Engineer and his designees} and will be in accordance with any relevant plans and specifications developed for the project and specifically transmitted to the Contractor which may include reference to the Standard Specifications of the Washington Department of Transportation. .The Contractor shall complete the described work as follows: Work to,~roceed immediately followin vg erbal authorization by the County Engineer on November 20, 201.2, and to be pursued at the direction of the County En ineer and his desi pee(s) until work is complete or otherwise terminated by the County. 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 1 of 5 C:1Active FileslActive ProjectslThousand Trails culvertlConstruction Contract.doc Revised 14/30/12 ,y 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. 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 Page 2 of 5 C:1Active Files~A.ctive Projects\Thousand Trails culvertlConstruction Contract.doc Revised 10/3~/t2 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, WA. 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 specificall}~ 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 aU 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 of 5 C:1Active FileslActive Projects\Thousand Trails culvertlConstruction Contract.doc Revised 10/30/12 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor .man/arN Z, 201,3 Contractor: Rtt/{s Ex~a /a ~:, R c~,~or Lam ~ G/ea~~ ir~, .Z,, c , (Please print) By: D®~g Pee/GS (Please print) (Signatur ) RE~y.EEL oI~ of State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member roved as to f only; David Alvarez Date Deputy Prosecuting Attorney ~~ ~ 7 Frank Gifford- Date Public Works Director Page 4 of S C:1Active Files\Active ProjectslThousand Trails culvert\Construction Contract.doc Revised 10/30/12 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief, that it and its principals: { 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)-with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4} Have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation. ~.~! Name of Contractor (Please print) Name and Title of Authorized Representative (Please print) Signature of Auth~drize Representative I am unable to certify to the above statement. An explanation is attached. Page 5 of 5 C:\Active Files\Active Projects\Thousand Trails culvert\Construction Contract,doc Revised 1Q/3Q/12 ATTACHMENT A PAY RATE SCHEDULE -REEVES EXCAVATING AND LAND CLEARING, INC. EQUIPMENT DESCRIPTION (Make,. model, capacity, accessories, Hourly Rate etc.l TRUCKS: 10 CY DUMTRUCK ~ $125.00 EXCAVATORS: $175.00 KOBELCO 135 SR-LC LABOR: $65.00 GENERAL LABOR