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HomeMy WebLinkAbout061614_ca05Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E. /c�2_ Public Works Director /County Engineer Agenda Date: June 16, 2014 Subject: Solid Waste Disposal Facility Scale Repair Contract Statement of Issue: Washington State requires all scales used for commerce are required to be certified as accurate to tolerances established by NIST Handbook 44 (RCW 19.94, WAC 16 -662). Jefferson County Public Works /Solid Waste Division charges fees by weight for disposal of municipal solid waste and yard debris at the transfer station. The scales have been in operation for 28 years. Staff has determined that repair work is now required on the inbound scale load sensors, electrical circuits and stands to ensure weight readings remain stable and within the required tolerances. The contract was awarded using the Small Works Roster process. Analysis /Strategic Goals /Pro's 8 Con's: This contract addresses the County's goal to provide adequate public facilities and improve the effectiveness and efficiency of County government. This planned maintenance will ensure the scales accuracy, provide for correct charges to customers, and reduce the likelihood of a disruption to service caused by either an unplanned breakdown or failure to be certified during random State inspections. Fiscal Impact /Cost Benefit Analysis: Operating funds have been allocated in the approved 2014 solid waste budget. Revenue: 401.000.010/343.70.00 Expenditure: 401.000.010/537.00.48 Amount: $11,762 Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: Approve and sign the attached original contract copies for Solid Waste Disposal Facility Scale Repair Contract and return two copies to Public Works. Department Contact: Richard Talbot, Solid Waste Manager 360- 385 -9213 Dennis Bates, Project Manager 360 - 385 -0404 Reviewed By: Philip MorlW, County Administrator Date CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this sixteenth day of June, 2014, 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 Mettler Toledo 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: Solid Waste Disposal Facility Scale Repair project located at 325 Landfill Road, Port Townsend, WA. 98368 for the total sum of eleven thousand seven hundred and sixty-one dollars and fifty -nine cents ($11,761.59) in accordance with and as described in the attached Minimum Specifications and Scope of Work 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: Work under this Contract shall commence upon the County receiving all required documentation and a written notice by the County to the Contractor to proceed. The project shall be completed as per the Minimum Specifications and Scope of Work following receipt of the Notice to Proceed. 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 famish 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. 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. pw_for \k Umcnsmall works=tracl.doc 12/130 /213 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: I . 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. (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 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. pw_form%wntractlsmall works wntract.dm 12//30/2013 The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any insurance 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 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. 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 he 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 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. 4.24.1 15 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. 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 $35,000 or less, the County may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW. pw_form \wntract\small works contract.doc 12//302013 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 Junes 6 2014 Contractor he_4tp_c - Toledo, LLG (Please print) By: -T. Am kA 0 Sr. V;cz Wes %�e�� (Please print) (Signature) uoa6-i56 —1 State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Ap roved as to fo only: `7C /Z 9 /Iy David Alvarez (ul f [/ Date Deputy Prosec ttomey G • P •/#'— Monte Binders, P.E. Date Public Works Director /County Engineer pw_formkontracftsmall works c trwt.doc 12//302013 JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS SOLID WASTE DISPOSAL FACILITY SCALE REPAIR PROJECT MINIMUM SPECIFICATIONS AND SCOPE OF WORK These Specifications describe the work for the Scale Repair Project. It will be the responsibility of the Vendor to conform to these Minimum Specifications unless substitutions have been specifically requested by Vendor and acceptance made by the County. The location of the site is 325 Landfill Road, Port Townsend, WA 98368. Ouantity of Work Vendor shall provide all labor and supplies to complete the work specified. Hours of Operation Project work shall be between the hours of 7:30 a.m. to 4:30 p.m. Monday through Friday with the exception of holidays. Scope of Work Scale description: one 1986 Mantle 35 -11 truck scale, close- mounted to the foundation and accessible on all sides. Vendor will undertake and complete the following described work I. Replace and install four (4) SB 50K load cells 2. Replace and install one (])junction box 3. Replace and install one (1) ground rod 4. Replace estimated twenty-five feet (25) of cable 5. Replace estimated thirty-two (32) feet of cable conduit 6. Replace and install four (4) suspension links 7. Replace and install four (4) load pins 8. Replace and install four (4) stands on inbound scale 9. Replace and install all bumper bolts on inbound scale 10. Calibration and certification of scale. Note: Traffic control will be provided by the County All parts necessary to complete the work as an operating system shall conform in strength and quality of material and workmanship to that which is usually provided to the trade. The new load cells shall be a current model in standard production by the manufacturer. The work shall be supplied and delivered by one company responsible for the performance, warranty, parts, and service as specified. All integral components and parts shall work together as a complete and balanced unit. Term of Contract Vendor will he required to sign a Contract which incorporates these Minimum Specifications, a 50% Retainage to be paid on satisfactory completion of the work, and provision of Certificates of Insurance by the Vendor covering General Liability, Automobile and Workers Compensation Insurance. Work shall commence upon the County issuing a fully signed Contract and a written notice sent by the County to the Vendor to Proceed. Work will be scheduled to start three (3) business days after receipt of "Notice to Proceed ", or as County scheduling permits. Work will be completed in one (1) work day. Vendor's Responsibility I . Return fully signed Contracts with Attachments. 2. Provide the services described in the Minimum Specifications and Scope of Work. 3. Obtain all permits that are required and pay all permit fees. 4. Complete the L&I Combined Intent/Affidavit form and send to the County at completion of work.