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HomeMy WebLinkAbout100614_ca02Department of Central Services 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, Central Services Director Agenda Date: October 6, 2014 Subject: Contract Award for Motor Graders - NC Machinery Statement of Issue: Award of contract for the supply of motor graders as needed from time to time over five years by the Department of Public Works, for which bids were opened on August 18th. Analysis /Strategic Goals /Pros & Cons: The recommendation of the Fleet Services Manager is to award the contract to the low bidder, NC Machinery. The recommendation is to accept their bid with one clarification and one non - material exception. The clarification corrects the originally proposed custom warranties offered at various prices and replaces it with the bidder's willingness to provide the county's minimum required warranty coverages with no change in cost. The non - material exception is the bidder's refusal to show the county its internal pricing data that would be required for the county to verify certain parts purchases. While not ideal, the acceptance of the bid with these minor issues is made more palatable by the fact that the remaining bidders with higher total prices proposed material exceptions and /or failed to complete the bid pricing worksheet, making those bids unacceptable. Fiscal Impact /Cost Benefit Analysis: The low bidder, recommended here for award, proposed a total cost of $608,492.50, slightly greater than our estimate of $600,000. Replacement of both of the County's motor graders is behind schedule, leading to decreased operational efficiency and additional unscheduled and expensive repairs. Recommendation: Execute the attached contract. Department Contact: Matt Stewart, Manager of Fleet Services, 344 -9713 Reviewe ter"` J Phi ip Morley, ount Administrator Date C. CONTRACTUAL TERMS AND OBLIGATIONS The BIDDER and Jefferson County, a political subdivision of the State of Washington, agree and contract, for good and valuable consideration bargained for and exchanged, that Sections C and D of this "Specifications and Bid Documents" document form and create an enforceable Agreement obligating each of them to conform to its terms and obligations. Therefore, the parties acknowledge and agree that this Agreement remains effective after the bid opening date and obligates all parties to conform to it as they would any other contract or agreement. 1. General Specifications: This Agreement provides for the supply of Motor Graders, as may be required from time to time, which must be delivered to 371 Chimacum Road, Port Hadlock, WA 98339. The complete unit must be supplied and delivered by one company responsible for the performance, warranty, parts, and service as specified. The Vendor must be a factory- authorized for the major components and systems provided. All integral components and parts must work together as a complete and balanced unit. The Motor Graders must be ready for service upon delivery. The Motor Graders must meet or exceed the minimum Detailed Specifications in Section B of this "Specifications and Bid Documents" document, which is attached hereto and made a part hereof. 2. Definitions "County" means Jefferson County, Washington. "JCPW" means the Department of Public Works of the County. "Manager" means the manager of Fleet Services Division of the Jefferson County Department of Central Services. "Bidder" is a person, firm, or entity submitting a Bid in response to an invitation for bids; for RFPs and RFQs, references may be made to 'Respondents." Once the Contract is awarded the Contractor shall assume that all references to a Bidder or Respondent and such attendant obligations apply to the Contractor. "Contractor" means the Bidder or Proposer (person, firm, or entity) that is awarded the Contract by the County. Any references to the Bidder or Proposer in the Contract Documents is understood to apply to the Contractor. "Subcontractor" means any person or entity with whom the Contractor contracts to provide any part of the goods, services or work to be provided by Contractor under the Contract, including subcontractors of any tier, suppliers and material men, whether or not in privity with the Contractor. "Bid Documents" means this document, including all exhibits, attachments, the invitation for bids, legal advertisement notice, project proposal, bidder contact information and bid data, project addenda, confirmation of receipt of project addenda, proposal execution and county acceptance of proposal, certification regarding debarment, suspension, ineligibility, and voluntary exclusion, insurance requirements, special conditions and all clarifications and addenda issued by the County. "Specification" means the Bid Documents, including but not limited to the Detailed Specifications. "Contract" means, upon notice of award from the Manager, the contract consisting of all Bid Documents relating to a specific invitation for bids or proposals, and all amendments, modifications, or revisions made from time to time in accordance with the terms thereof. All such documents comprising the Contract are referred to as the "Contract Documents ". 3. Compensation Compensation shall be paid according to the Unit Prices listed in the Bid Proposal of the accepted and awarded contract. 4. Insurance 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 ANII. 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. MOTOR GRADERS, PAGE 19 OF 30 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 imposed on the Contractor by the Contract 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. 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. 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: a. Broad Form Property Damage with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual /Commercial Liability including completed operations (contractors only); d. Premises - Operations Liability (M &C); e. Independent Contractors and Subcontractors; and f. Blanket Contractual Liability. 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: g. Owned automobiles; h. Hired automobiles; and, i. Non -owned automobiles. Garagekeepers Legal Liability Insurance. The Contractor must provide Garage Liability Insurance with limits of not less than $500,000 per occurrence, combined single limit, for bodily injury and property damage. (1) Note: The County shall be named as an additional insured party on a primary, non - contributory basis under this policy. (2) Note: The County shall be named as an additional insured party on a primary, non- contributory basis 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. MOTOR GRADERS, PAGE 20 OF 30 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. 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 be due to the Contractor. The Contractor is responsible for all loss or damage to County property including the vehicles or equipment full replacement cost while in Contractor's care, custody and control. The Contractor is responsible for all loss or damage to personal property (including materials, equipment, tools and supplies) owned, rented or used by Contractor. The insurance Contractor is obligated to obtain and maintain under this Contract shall not in any manner limit or qualify the liabilities or obligations of the Contractor under this Agreement or to an injured third party. 5. Promise to Employ 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 memorialized in a change or work order executed by the Manager or his designee 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. 6. Promise to Perform 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. 7. Compliance with Laws 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, Washington. 8. Indemnification 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 MOTOR GRADERS, PAGE 21 OF 30 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. 9. Contractor's Relationship to the County 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. 10. Assignment 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. No part of the goods, work, or services to be provided under this Contract may be subcontracted without the prior written consent of the Manager; but in no case will such consent relieve the Contractor from its obligations, or change the terms of the Contract. The Contractor must notify the Manager of the names of all Subcontractors to be used and shall not employ any that the Manager has not approved. Subcontracting of the services or work or any portion of the Contract without the prior written consent of the Manager is null and void. Further, the Contractor will not make any substitution of a previously approved Subcontractor without the prior written consent of the Manager; any substitution of a Subcontractor without the prior written consent of the Manager is null and void. The Contractor will only subcontract with competent and responsible Subcontractors. If, in the judgment of the Manager, any Subcontractor is careless, incompetent, violates safety or security rules, obstructs the progress of the services or work, acts contrary to instructions, acts improperly, is not responsible, is unfit, is incompetent, violates any laws applicable to this Contract, or fails to follow the requirements of this Contract, then the Contractor will, immediately upon notice from the Manager, discharge or otherwise remove such Subcontractor and propose an acceptable substitute for Manager approval. 11. Security Bond 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. MOTOR GRADERS, PAGE 22 OF 30 12. Severability The invalidity, illegality, or unenforceability of any one or more phrases, sentences, clauses, or sections in this Contract does not affect the remaining portions of this Contract. 13. Entire Contract The Contract Documents constitute the entire agreement between the parties and may not be modified except by the subsequent written agreement of the parties. 14. Applicable Law All questions with respect to the construction of this Agreement and the rights and liabilities of the parties hereto, shall be brought only in the State of Washington and the parties hereto consent to jurisdiction and venue in such State. 15. Attorney's Fees In the event of any dispute under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fee and costs, in addition to all other relief to which it may be entitled. 16. Warranty of No Encumbrances Contractor warrants that the goods are now free, and that at the time of delivery shall be free from any security interest or other lien or encumbrance. 17. Warranty of Title Furthermore, Contractor warrants that at the time of signing this agreement Contractor neither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of Contractor in the goods. 18. Participation by Other Government Agencies Other Local Government Agencies may be eligible to participate in this Contract if (a) such agencies are authorized, by law or their governing bodies, to execute such purchases and (b) such purchases have no net adverse effect on Jefferson County and result in no diminished services from the Contractor to Jefferson County. Said purchases will be made upon the issuance of a purchase order directly from the Local Government Agency. The County will not be responsible for payment of any amounts owed by any other Local Government Agencies, and will have no liability for the acts or omissions of any other Local Government Agency. 19. Early Termination The County may terminate this Contract, in whole or in part, for any reason at any time by a notice in writing from the County to the Contractor. The effective date of termination will be the date stated in the notice, which will be not less than seven (7) days after the date of the notice. After the notice is received, the Contractor must restrict its activities, and those of its Subcontractors, to activities pursuant to direction from the County. No costs incurred after the effective date of the termination are allowed unless the termination is partial. Contractor is not entitled to any anticipated profits on services, work, or goods that have not been provided. The payment so made to the Contractor is in full settlement for all services, work or goods satisfactorily provided under this Contract. Upon a determination by the Manager that the Contractor is in default of a material term of the Contract, the County may notify the Contractor of the breach and provide the Contractor with ten (10) business days (or a longer time period if mutually agreed upon) to cure the default. Upon the expiration of the cure period without the default being cured to the satisfaction of the Manager the Contract shall be considered terminated. MOTOR GRADERS, PAGE 23 OF 30 20. Compensation Compensation shall be paid according to the Unit Prices listed in the Bid Proposal of the accepted and awarded contract. 21. Payment on Receipt The County shall make payment for received goods and services after inspection and approval by the Manager or his designee and receipt of Contractor's invoice. County shall make payment following in accordance with the County's normal schedule for processing invoices and warrants. 22. Receipt Construed As Delivery Goods shall be deemed received by County when delivered to and accepted by the Manager or his designee. 23. Risk of Loss The risk of loss from any casualty to the goods, regardless of cause, shall be on the Contractor until the goods have been delivered and accepted by the County. MOTOR GRADERS, PAGE 24 OF 30 D. PROJECT PROPOSAL 1. Proposal Pricing Bidder must complete Unit Price column with its quoted price for each Bid Line. Bidder must complete Extended Price column by multiplying its Proposed Price by the County's Estimated Quantity. Proposed Billing Rates must be expressed as 100% plus the percentage markup; negative markups (discounts off the specified cost) must be expressed as 100% minus the percentage discount proposed. For example, in Bid Line 4, a markup of 1 % over the specified cost would be expressed as a Billing Rate of 101 %, with an Extended Price of $10,100. Bidder must complete Extended Price column by multiplying its Proposed Billing Rate by the County's Estimated Quantity. Bidder must complete Sum of Extended Prices cell by adding the Extended Prices. Bidder must complete Washington State and Local Sales Taxes cell by multiplying the Sum of Extended Prices by the total of all applicable taxes. Bidder must complete Total Bid cell by adding the Sum of Extended Prices and the Washington State and Local Sales Taxes. All proposals include Washington State Sales Tax; Jefferson County is exempt from the payment of Federal Excise Tax. In the event of conflict between Unit Price and Extended Price data, Unit Prices will prevail, and the Manager's discretion will be used to correct arithmetical errors, including correction of the Total Bid and any other cells where necessary to correct such errors. Bid Line Description Proposed Price/ Billing Rate Estimated Quantity Extended Price I Motor Grader $ �{(� as 10 2 - $ 403, 06-0 °° 2 Ditch Sloper Attachment $ 'A 162. L° 1 $ 54 y W 200 i 3 OEM Options — Billing Rate % of cost $6,000 4 Repair Parts — Billing Rate yS % of cost $6,000 4,r $ y b 00 5 Labor to Perform Repair Services $ 1 N $ 0 /hour 40 !� 5: qu M Sum of Extended Prices: $ !;C8, ISO Washington State and Local Sales Taxes Rate: q,� % Washington State and Local Sales Taxes: $ $D, 2 q Z Total Bid: $U08 1 4 q 20 MOTOR GRADERS, PAGE 25 OF 30 2. Bidder Contact Information and Bid Data Bidder is required to complete the appropriate information for the products proposed herein on the bid data pages. Failure to fill out all of the information requested may, at the discretion of the Manager, result in the bidder being deemed non - responsive. The County will use the information contained in the bid data pages and elsewhere in the bid to evaluate the responsiveness of the bidder. NOTE: WHERE ITEM IS NOT APPLICABLE, INDICATE WITH "N /A." 2.1. Person to Contact Regarding This Bid: NAME: %4r-4 _rN.iA-!6050PO PHONE: (2.0(a) 330 - at;'fq TITLE: G 04>;tA N&74T SALES FAX: ( 425) 2,5 l - 5'8 M COMPANY: rlc MACA14 6-11q (-a. E -MAIL: S4yi45050.P0 CO Rr-wl"h)Apr.I. to ADDRESS: 110 ZS VIl VA-LL&"'J I♦wy LA W A g b 18% State of Washington Business Registration Number: Federal ID Number: Labor & Industries Number: UBI Number: itot 5513 Ty$ gl-2o30yytc IJ /A tad155B _+48 2.2. Makes and Models Proposed, Major Components and Systems: Provide for each line item and goods, work or services proposed. Attach additional sheets as needed. C A'T eXP I LLrrJL 140M3 M01012 4- 1kAbt:'1Q_ 2.3. Subcontractors: Attach additional sheets as needed. fJAv55eU2i M+Kth4 E .y PI-OW LLG - MoToIQ_ c1lekbr'72. aIm� ScoPd� s1'n� 2.4. Exceptions to the Detailed Specifications: - -_ 9' AO'n Cq ?At" INdo I"Er . 17 Is niOT ,Jc M "N+W 1sYtY ! h1oLmA.L_ p"G'nc "r'o b15c4aSE tNws IN'Vo Ice's ,MNa 4e Macehrlt*Q_,1 mhw 40N1mk)ue ra _*Ow, to MS WAC -I1ce, A-Nb NOT' ;`PWINE I b 4,p&E Psis /AIVOIC M. MOTOR GRADERS, PAGE 26 OF 30 2.5. Exceptions to Any Other Section of This Document: 4 1 A - seL- z.4 2.6. Manufacturer, Manufacturer's Authorized Distributor /Service Representative INDICATE IF YOU ARE: Manufacturer Yes: No: ✓ Manufacturer's Exclusive Distributor* Yes: No: ✓ Manufacturer's Authorized Distributor* Yes: ✓ No: Manufacturer's Authorized Service Representative* Yes: No: Licensed New Vehicle Dealer Yes: No: 2.7. Warranty At a minimum, the specified unit(s) and all mounted/furnished equipment must be warranted against defective design, material or workmanship to the full extent of the respective Original Equipment Manufacturer's standard published warranty. The bidder will indicate, below, the length of warranty coverage offered for each item and/or components furnished under this specification. In the event of conflict between the warranty information specified by the Contractor and the respective Original Equipment Manufacturers standard warranty, the warranties deemed most advantageous to the City will control. NOTE: WHERE ITEM IS NOT APPLICABLE, INDICATE WITH "N /A ". Component/Feature Minimum Acceptable Coverage Proposed Coverage Complete unit Full 2 years, 2000 hours, parts & labor A — 12 MoN-mkc u jLorAIT T' . diooAS w/b D Frame Full 10 years, unlimited hours, parts & labor I A Engine Full 5 years, 5000 hours, parts & labor N A Transmission Full 5 years, 5000 hours, parts & labor N I b Hydraulic system — major Full 5 years, 5000 hours, parts & components (list) labor N A it Moro4s s,00a " Pr (a S A, so Le m Other Describe if included UO Mo 4 TItS 13, eao µQ PT a- t}YD 57 q5&1 Other Describe if included (to Mont nos 131000 rf a Pao mwi A 4-11 U :�o 2.8. Source, Type, Curriculum and Other Details of Technician Training Proposed: �{K1C o1't'QR'rton► 's_ MAIrJTt`nl<4nlc� lS�R.J�c� TRA�lrl�n�G�. MOTOR GRADERS, PAGE 27 OF 30 2.9. Location and Description of Repair and Maintenance Shop(s): St-E l4tTOe4et1 baCQM&rJT 2.10. Proposed Method of Transportation/Delivery of Completed Unit to Fleet Services Division facility: Co M M D nJ CAILXt t'n. Q wl LLOSS %%TL&FE . 0 ^1 a ou nl TV LLw'GrS T'0 2.11. References: List below at least three (3) references (U.S.A. West Coast fleet customers are preferred): COMPANY NAME CONTACT NAME PHONE NUMBER L I61TSftp c0or1rN e:asR. 1c.EiT1i 1.5 We*P-irl4WJ (31,0) 33'} • 4895- 2 K.i�Jy w�nlry -DoT 505 _rOPPEnl (200 gala • $ls9 Do T' IGR.isTi FWrILEL (°lo -4) 2UI- 03 93 3. Confirmation of Receipt of Project Addenda: I acknowledge receipt of Addendum Number(s) 1 F ,2 3 , all of which are included in this bid price. 4. Non - collusion Declaration 1, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement with any other bidder (proposer) or prospective bidder (proposer) or with any other person, firm or corporation relating to the price named in this proposal or any other proposal, nor any agreement or arrangement under which any act or omission in restraint of freedom of competition among bidders (proposers) and has not disclosed to any person, firm or corporation the terms of this bid (proposal) or the price named herein. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. MOTOR GRADERS, PAGE 28 OF 30 5. Proposal Execution and County Acceptance of Proposal This agreement is between We A44cod e-p-y Co • [BIDDER'S FULL LEGAL NAME], 1 X025 W JArLLLY HVVV Tu -O I LA, 0 4 Q b I $ e) _ [BIDDER'S FULL LEGAL ADDRESS], hereinafter referred to as CONTRACTOR, and JEFFERSON COUNTY, 1820 Jefferson Street, Port Townsend, WA 98368, the undersigned, hereinafter referred to as COUNTY. WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do agree as follows: This Agreement contains the entire agreement and understanding concerning the subject matter hereof between the parties and supersedes and replaces all prior negotiations, proposed agreements and agreements, written or oral. Each of the parties hereto acknowledges that no other party hereto or any agent or attorney of such party has made any promise, expressed or implied, not contained in this Agreement to induce it to execute this Agreement. Each of the parties further acknowledges that it is not executing this Agreement in reliance on any promise, representation or warranty not contained in this Agreement. This Agreement is to be construed as if it were prepared and reviewed by both parties. Contractor hereby acknowledges having received this specification containing a full set of Contract Documents and Addendum Nos. 1 2 3 and affirms that Contractor shall be bound by all the terms and conditions contained in the Contract Documents, regardless of whether a complete set thereof is attached to this proposal or bid, except only to the extent that the bidder has taken express written exception thereto in the sections of this specification designated for that purpose. The bidder is hereby advised that by signature of this proposal he /she is deemed to have acknowledged all requirements and signed all certificates contained herein. County hereby accepts the foregoing bid items as identified in the proposal. IN WHEREOF, the parties here -to have executed this Agreement to be effective on the date of its signing by the COUNTY. r4c "Aeth J er_q (P. Contractor's Name (Please print) 11" i TL,; ks0 sL5 PO Name of Contractor's Representative (Please print) (aoJel?-d"C14-r SAW55 Title of Contractor's Representative's (Please print) Contra r' Represe tive's Signature (Sign) 8 1 i 8 2011 Date! JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Date Approved as to form 9ply, David Alvarez Date Deputy Prosecuting Attorney Proposals must be submitted with original signatures in the space provided. Proposals not properly signed will be rejected. Complete each blank line as applicable; otherwise enter the words "not applicable ". MOTOR GRADERS, PAGE 29 OF 30 EXHIBIT "A" CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Vendor 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 Agreement 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 Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the Vendor is unable to certify to any of the statements in this certification, such Vendor shall attach an explanation. de- M4r'g}146" Co . Name of Vendor ,&cq °1 A1)460S0 Po , (aoJ egd MP-AT s At,& Name and Title of Authorized Representative R I am unable to certify to the above statement. An explanation is attached. MOTOR GRADERS, PAGE 30 OF 30