HomeMy WebLinkAbout072114_ca08Department 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.
Public Works Director /County Engineer h,__
Agenda Date: July 21, 2014
Subject: Solid Waste Facility Closed Landfill Biogas Flare Preventive
Maintenance (PM) Contract
Statement of Issue:
Jefferson County's closed landfill and air quality permits require Public Works to
comply with Washington State and Federal regulations for the post closure area.
Jefferson County does not have qualified /trained personnel to perform repairs or
maintenance on the biogas flare system used to extract and burn off landfill gas in the
post- closure area. This system was designed and installed by the John Zink Company
which has certified technicians for routine maintenance. The contract was awarded
using the Small Works Roster process.
Analysis /Strategic Goals /Pro's l3 Con's:
This contract addresses the County's goal to provide adequate public facilities and
improve the effectiveness and efficiency of County government. John Zink Company
provides a 10% discount for repair services under a Preventative Maintenance
Contract. Preventive maintenance will ensure the gas flare continues working
properly and in compliance with Jefferson County's operating permits.
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: $1,300 /year PM contract
Department of Public Works
O Consent Agenda
Page 2 of 2
Recommendation:
Approve and sign the attached original contract copies for the Solid Waste Disposal
Facility 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:
�_Pwp Morley, ounty Administr for
.7 11�!Y
Date
5 John Zink PM Proposal FS2014 -06 -01
DOMESTIC —PM TECHNICAL ASSISTANCE AGREEMENT (VAPOR CONTROLS)
Scheduled Starting Date of Services: On Award Scheduled Completion Date of Services: Evergreen
Is work tax exempt? ❑ Yes orX No —!f yes, return a lice exempt certificate with this agreement otherwise tax will be charged.
"COMPANY ": Jefferson County
Address: 623 Sheridan St., Port Townsend, WA. 98368
Billing Address:
Work Site Address: 325 County Landfill Road
Port Townsend, WA 98368
Point of Contact: Dennis Bates
"CONTRACTOR"
PM SO# 937472
Contractor: John Zink Company, LLC
Address: 11920 East Apache Tulsa Oklahoma 74116
Point of Contact: Konan Kile: Mrs Michelle Witcher
Phone: 253- 906 -6014 918 - 234 -5718
FAX: 918- 234 -1968
E -mail: michelle.witcher@iohnzink.com
Equipment:
Phone: (360) 385 -0404 S.O. #: A001805
Fax: (360) 379 -4934 Model #: BE - 3" x 15' Utility
eMaiL dbates co.iefferson.wa.us Manufacture: John Zink
CALCULATION AND PAYMENT OF CHARGES
Price for Scheduled Preventative Maintenance (PM) Services: The rate, inclusive of travel expenses, shall be $
annually or $1300 per visit, per unit. The price for the PM is fixed for one year from the date this agreement is signed and then may be
adjusted a maximum of 10% per year with a 30 day written notice. Training: Annual training required to enter the facility will be billed
at cost for the training, plus the man hours required for the training. Rates for Call -Out Services: Calculations of rates for Labor, Travel
Time, Travel Expenses, Living Expenses, Standby Time, Training, Field Materials, OEM Replacement Parts, Subcontracted Work, Rental
Equipment, JZ Owned Equipment, and Freight shipments shall be governed by Exhibit 1 "Domestic Reimbursable Hourly Rate Schedule"
hereto attached. Payment of invoices shall be made net 30 days after submittal of the invoice. Documents supporting the invoices shall be
furnished upon request. Payments due hereunder are not subject to any setoffs with any other contract.
WORKING HOURS
The normal working hours, consists of -'Straight Time" rates apply to the first eight (8) hours (per shift) of the workday on Monday,
Tuesday, Wednesday, Thursday, or Friday. -"Overtime" rates apply for all hours in excess of Straight Time, except for Double Time
situations. - 'Double Time" rates apply on nationally recognized Holidays and on Saturday, Sunday after the first eight (8) hours (per
shift) of the workday.
SERVICES PROVIDED
Under the terms of this Agreement, the Contractor shall furnish (a) Preventative Maintenance (PM) for a: BioGas Flare System on a:
Semi - Annual ❑, Quarterly El, Monthly ❑, Annual X ❑ or ❑ basis. (b) Call -Out, repair, and/or retrofit
services requested by an authorized representative of the Company on an as- needed basis. All services performed by the Contractor are
expressly limited and conditioned upon the Company's acceptance of this Technical Assistance Agreement and the terms stated therein
and any provision or differing terms proposed by Company shall be void and of no effect, unless accepted in writing by Contractor. No
change to this Agreement shall be valid unless in writing, signed by the Company and Contractor. If this Agreement is incorporated into
the purchase order or other agreement issued by the Company, which shall only be done with the approval of the Contractor, the terms of
this Agreement shall take precedence over all conflicting terms stated in such other documents.
SERVICES PROVIDED BY CONTRACTOR HEREUNDER DO NOT SERVE TO MODIFY, WAIVE OR OTHERWISE LIMIT OR
EXPAND TERMS OF CONTRACT WHICH APPLY TO THE SALE OF EQUIPMENT UPON WHICH SERVICES ARE TO BE
PERFORMED BY CONTRACTOR.
In witness whereof, the parties to this Agreement have executed this Agreement effective as of the lates date stated below.
COM[PAN CONTRA CTOR
(Signature) (Signature)
Company (print): Jefferson County Contractor: John Zink Company, LLC
Name (print):
Title (print):
Date:
Page 1 of
Name (print): Greg Babcock
Title (print): Va o,,,rro Control roup Service Manager
,vZ a
Date:
9 John Zink PM Proposal FS2014 -06 -01
DOMESTIC - TECHNICAL ASSISTANCE AGREEMENT "H" (VAPOR CONTROLS)
1. RELATIONSHIP OF THE PARTIES. The parties hereto are
independent contractors and neither the Contractor nor the
Contractor's personnel are agents, servants or employees of the
Company or its contractors or subcontractors. The Contractor shall
notify the Company before proceeding with and upon completion of
the services. At all times when Contractor's service personnel are
present or performing services at the Company's work site, the
Company shall provide an authorized representative to whom the
Contractor's service personnel shall report and who shall be
responsible for the safety of all persons and protection of all property
in and adjacent to the work site. In providing the services hereunder,
the Contractor assumes no right or duty to control or shut down the
project or equipment or to control or direct the safety, operational, or
maintenance procedures or methods utilized at the work site.
Contractor assumes no responsibility for workmanship, productivity,
technical qualification or training and qualification requirements of
the personnel of the Company or others. Company shall provide
emergency medical aid to Contractor's service personnel. Contractor
shall reimburse Company for the cost of such aid.
2. ACCESS TO EQUIPMENT. Contractor shall have free access
to the work site and the equipment.
3. EXCLUSIONS. Parts used shall be to the Company's account and
shall be approved by the Company. Removed components shall be
disposed of by, and decontamination shall be the responsibility of, the
Company.
4. WARRANTY. All services shall be performed by Contractor in a
workmanlike manner, consistent with U.S. industry practices. If,
within three months of performance of the services, any services
prove deficient, Contractor will correct the deficiency. THERE ARE NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY
STATED HEREIN. CONTRACTOR EXTENDS NO IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, The
Contractor shall not be responsible for goods and services furnished
by the Company or others, or the costs thereof, without the
Contractor's prior written agreement. Company's remedies under
warranty are specifically limited to the correction of any deficient
services performed by Contractor and are exclusive of all other
remedies.
5. INSURANCE. Contractor shall maintain, and at Company's
request shall provide Company with certificates evidencing, the
following insurance coverage: (a) Statutory Workers' Compensation
and Employer's Liability Insurance, with limits of $500,000.00 per
occurrence; (b) Commercial General Liability Insurance, with a
combined single limit for bodily injury and property damage of
$1,000,000.00 per occurrence and in the aggregate; and (c)
Automobile Liability Insurance, with a combined single limit for
bodily injury and property damage of $1,000,000.00 per accident.
Contractor's certificate of insurance shall include insurers' statement
that should any of the above described policies be cancelled before
the expiration date thereof, notice will be delivered in accordance
with the policy provisions. Contractor shall not be required to provide
endorsements of additional insured or waiver or subrogation.
Company shall maintain the risk of physical loss or damage to its
property and the work site, including, but not limited to, materials,
equipment and supplies being shipped to, entering into, forming part
of, or intended to be incorporated into the property at or near the work
site.
6. INDEMNITY. CONTRACTOR SHALL, AT ITS OWN COST AND
EXPENSE AND TO THE IULLES'1 EXTENT ALLOWED BY APPLICABLE LAWS,
SUBJECT TO THE LIMIT ON CONTRACTOR'S LIABILI'T'Y, DEFEND,
INDEMNIFY AND HOLD HARMLESS COMPANY, ITS PARENT, AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND
THEIR SUCCESSORS AND ASSIGNS AGAINST ALL DAMAGES, LOSSES,
COSTS, CLAIMS, STRICT LIABILITY CLAIMS, LIENS, ENCUMBRANCES,
LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES), AS AND TO
THE EXTENT ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACTS
OR OMISSIONS OF CONTRACTOR. COMPANY SHALL, AT ITS OWN COST
AND EXPENSE AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE
LAWS, SUBJECT TO THE LIMITS ON COMPANY'S LIABILITY, DEFEND,
INDEMNIFY AND HOLD HARMLESS CONTRACTOR, ITS PARENT,
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS, AND THEIR SUCCESSORS AND ASSIGNS, AGAINST ALL
DAMAGES, LOSSES, COSTS, CLAIMS, STRICT LIABILITY CLAIMS, LIENS,
ENCUMBRANCES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS'
FEES), AS AND TO THE EXTENT ARISING OUT OF OR RESULTING FROM THE
NEGLIGENT ACTS OR OMISSIONS OF COMPANY. ALL LIABILITY, LOSSES,
DAMAGES, COSTS OR EXPENSES RESULTING FROM PERSONAL INJURY,
INCLUDING DEATH, LOSS OF OR PHYSICAL DAMAGE TO PROPERTY,
CAUSED BY THE JOINT OR CONCURRING ACTS OF COMPANY AND
CONTRACTOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES OR AGENTS, SHALL BE BORNE BY COMPANY AND
CONTRACTOR TO THE EXTENT EACH IS DETERMINED NEGLIGENT EITHER
13Y AGREEMENT OF THE PARTIES OR BY A COURT OF COMPETENT
JURISDICTION. THE OBLIGATIONS OF THE PARTIES UNDER THIS
PARAGRAPH SHALL SURVIVE THE EXPIRATION OR OTHER TERMINATION
OF 1 HIS AGREEMENT.
7. LIMITATIONS OF LIABILITY. In no event, whether based on
contract, indemnification, warranty, tort, or any other cause or
combination of causes whatsoever, shall either party be liable to the
other party or the other party's parent, affiliates, officers, directors,
employees or agents, for loss of profit or special, incidental, indirect,
or consequential damages. This limitation shall apply notwithstanding
any failure of essential purpose of any limited remedy. Contractor's
cumulative liability on all claims of any kind, whether based on
contract, indemnification, warranty, tort, or any other cause or
combination of causes whatsoever, shall in no event exceed the order
price.
8. MISCELLANEOUS: (a) The Company's audit rights shall consist
of Contractor making available for Company's examination, at
Contractor's home offices, the directly relevant and pertinent time
sheets. (b) This Agreement supersedes all previous agreements and
understandings of the parties on this subject matter and constitutes the
entire Agreement between the parties. (c) If any provision of this
Agreement is held to be illegal or invalid for any reason by a court of
competent jurisdiction, the remaining provisions hereof shall be
unimpaired and the illegal or invalid provision shall be construed and
applied so as to most closely effectuate its intent.
9. APPLICABLE LAW. These terms and conditions, this order and
the legal relations of the parties shall be determined in accordance
with the laws of the State of Texas, irrespective of Texas choice of
law provisions. The parties disclaim any applicability of the U.N.
Convention of the International Sale of Goods to the order. The
parties hereby consent to the exclusive jurisdiction of either the
District Court of Harris County, Texas, or the United States District
Court for the Southern District of Texas, Houston Division
(whichever is applicable), with respect to disputes relating to the
order.
Page 2 of DOMESTIC- TAA "H" VAPOR CONTROLSJANI4 [01108114]
NJOHN ZINK
HAMWORTHY
COMBUSTION
EXHIBIT 1
Domestic Reimbursable Hourly Rate Schedule
2014 (Rev 0)
Hourly Rates for Locations without a Preventative Maintenance (PM) Contract in place with JZ
(These rates are our standard rates)
Craft Description Straight Time Overtime Double Time
Service Technicians ............... ............................... $133.00 $200.00 $266.00
Enaineerina Description Straiaht Time Overtime
Drafting .................................. ............................... $110.00 $165.00
Engineers ............................... ............................... $200.00 $300.00
Senior Engineers / Project Manager ..................... $275.00 $413.00
Hourly Rates for Locations with a Preventative Maintenance (PM) Contract in place with JZ
(These rates are discounted 10% from our standard rates)
Craft Descriotion Straiaht Time Overtime Double Time
Service Technicians ................. ............................... $120.00 $180.00 $240.00
Engineering Description
Drafting.......... ...............................
Engineers ....... ...............................
Senior Engineers / Project Manager
Straiaht Time Overtime
$99.00 $149.00
$180.00 $270.00
$247.50 $371.25
Notes: -The above hourly rates include those taxes imposed on income, gross receipts and contributions and taxes for
unemployment insurance, old age retirement benefits, pensions, annuities imposed by the United States or any state or
political sub - division thereof, however measured. -The above rates do not include VAT, sales taxes, use taxes, and /or excise
taxes. -The above rates do not include travel and living expenses. -Ail rates are in US dollars.
OTHER FIELD CHARGES
A. Travel Time: Man -hours for travel are calculated on a portal to portal basis and are in addition to hours worked.
B. Travel Expenses: JZ truck(s) will be billed at $0.70 per mile. Airline tickets, rental cars, parking fees, toll roads, etc.
will be invoiced at cost plus 15 %.
C. Living Expenses: Meals and hotels will be invoiced at a cost plus 15 %.
D. Standby Time: Service Technicians put on stand -by will be paid 8 hours /day. The minimum 8 -hour shift can be
combined with time worked during the shift. Overtime rates are paid when the work extends past the 8 -hour
minimum.
E. Training: Training required to enter the facility will be billed at cost plus 15% for the training, plus the man hours
required for the training.
F. Field Materials: Field materials such as, pipe, fittings, flanges, gaskets, pipe supports, etc. will be billed at cost plus
20 %.
G. OEM Replacement Parts: John Zink OEM parts and replacement equipment will be invoiced at normal pricing.
H. Subcontracted Work: will be billed at vendor's invoice plus 20 %.
I. Rental Equipment: including, but not limited to cranes, forklifts, trailers, scaffold, welding machines, power tools,
hand tools, breathing air, etc. will be billed at invoice plus 20 %.
J. JZ Owned Equipment: (i.e.; trucks, tools, etc.) shall be billed at $100.00 per day.
K. Freight shipments: ExWorks Tulsa, OK, or corresponding fabrication facility. Freight charges will be pre -paid and
added to invoice.
Page 3 of 3
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 Contractor J a L y' 2014
Contractor :10 /' v Jf CA n •l�7 PA U-4-" , L
(Please print)
By: e�'0&-'4PAA
(Please pr' t)
(Signature
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
P,
David
Montee finders, P.E. Date
Public Works Director /County Engineer