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HomeMy WebLinkAbout010515_ca03615 Sheridan Street Port Townsend, WA 98368 www. JeffersonCountyPublicHealth.org Consent Agenda Dec 2, 2014 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health Director Christy Fiedler, Environmental Health Specialist I DATE: SUBJECT: Agenda Item — Vendor Contract with Trash Removal Services LLC; December 22, 2014 — January 31, 2015; $9,973.50 STATEMENT OF ISSUE: Jefferson County Public Health, Environmental Health, requests Board approval of the abatement, Vendor Contract between JCPH and Trash Removal Services, LLC for removal of and proper disposal of solid waste from 307123 US Hwy. 101, Brinnon, WA (JC parcel number 502- 023 -020); December 22, 2014 — January 31, 2015 ANALYSIS /STRATEGIC GOALS /PRO'S and CON'S: The purpose of this contract is to engage TRS to furnish all labor, materials, and equipment to remove and properly dispose of all solid waste in abatement at 307123 US Hwy. 101, Brinnon, WA. This business is a licensed Hulk Hauler's License. TRS will comply with all federal, state, and local laws in the removal of all solid waste. FISCAL IMPACT /COST BENEFIT ANALYSIS: This Vendor Contract is fully funded by H & HS Site Abatement Fund, 126 - 000 -010, Budget number: 562.53.41.0050. JCPH management request approval of abatement, Vendor Contract between TRS, LLC and Jefferson County Public Health, Environmental Health; December 22, 2014 — January 31, 2015; $9,973.50 REVIEWED BY: Philip ' ffey, Cowl Administrator > Date Community Health Environmental Health Developmental Disabilities - Water Quality 360- 385 -9400 360- 385 -9444 360 -385 -9401 if) Always working for a safer and healthier community ifi 360- 379 -4487 VENDOR CONTRACT JEFFERSON COUNTY, WASHINGTON THIS CONTRACT, made and entered into this _ day of 2014, between the COUNTY OF JEFFERSON, acting through its County Commission and its Director of Public Health (Jefferson County Public Health or "JCPH "), and TRS Trash Removal Service LLC hereinafter referred to as "the Contractor ", having a business address of 4135 1't Street, Bremerton, WA 98312. 1. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and other good and valuable consideration bargained for and exchanged as reflected in this contract, the parties hereto covenant and agree as follows: 2. CONTRACT AMOUNT: Work described in this Contract is to be completed for the total sum including Washington State Sales Tax of Amount written out: Nine thousand nine hundred and seventy -three dollars and fifty cents. Amount in numbers: $9,973.50 The amount bid and listed here was provided by the Contractor to JCPH in the Contractor's written response to the attached Request for Quotes and the compensation to the Contractor shall not exceed this amount unless the parties enter into written Change Work Orders pursuant to Section No. 10 below. Hourly rates for labor and equipment are listed on Exhibit C hereto. 3. COMPENSATION: The Contractor shall be paid first with the funds generated as the fair market value of the scrap metal ( "scrap metal FMV ") taken to and accepted by a lawful scrap processor or scrap processors. If the scrap metal FMV is less than the amount bid by the Contractor, the County will issue a warrant for the difference. If the scrap metal FMV exceeds the amount bid by the Contractor, then the excess scrap metal FMV shall be retained by the County to recover legal costs incurred. Any excess scrap metal FMV not subject to a lien for the County's legal cost shall be returned to the owner of the Subject Property. 4. SCOPE OF SERVICES (IN GENERAL): The Contractor agrees to furnish all labor, materials, and equipment and do certain work, to- wit: to furnish all labor, materials, equipment, supervision, and facilities necessary to remove and properly dispose of all solid waste from 307123 U.S. Hwy. 101, Brinnon, Washington, (Parcel Number 502- 023 -020) hereafter referred to as the Subject Property or SP, to enter upon the SP and to enter into and within all residential trailers, RVs or structures located at the SP, including, but not limited to lean -tos, barns, sheds, tents, bus hulks or containers, in order to abate, remove and transport all solid waste, which includes, but is not limited to, mattresses, debris, tires, scrap metal, construction debris, household garbage and appliances and any other items of personal property found there by removing same to an authorized disposal site, transfer station or landfill, and remove, destroy and dispose of any vehicles or parts thereof and stored at the SP and deliver them for processing to a licensed scrap processor. The Plan of Operation established by the Contractor and approved by Jefferson County Public Health (Solid Waste Division) shall control in the case of any contradiction between the Plan of Operation and this Scope of Services. Additionally, the Contractor agrees to the following: S. CONTRACTOR WARRANTS AS FOLLOWS: A. 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 planning, implementing and completing the Plan of Operation approved by 1CPH. B. 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. C. The Contractor warrants to the County that it has considered and provided for in its bid amount sufficient amounts reflecting all labor and equipment costs that will arise in its performance of this Contract. D. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Contract. This Contract shall be interpreted and construed in accord with the laws of the State of Washington and venue for any litigation arising from this Contract shall be in the Superior Court of Jefferson County, WA. 6. LICENSES: The designated contractor shall provide copies of company or firm licenses to include: Business License and Hulk Hauler's License. 7. 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 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. 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 contractor 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 (Purchasers only); d. Premises — Operations Liability (M &C); e. Independent Contracts and Subcontractors; and f. 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: a. Owned automobiles; b. Hired automobiles, and, c. Non -owned automobiles. (2)Note: The County shall be named as an additional insured party under this policy. 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 Purchaser. All notices shall name the Contractor and identify the Contract by number or some other form of identification necessary to inform the County of the particular contract affected. 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 Contract, 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 the primary coverage for 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 Purchaser. 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. Any coverage for third party liability claims provided to the County by the WA Counties Risk Pool, as created pursuant to Ch. 48.62 RCW, shall not be primary "insurance" for covered incidents and said coverage shall be non - contributory to the insurance the Contractor is required to obtain and maintain pursuant to this Agreement. Failure of the Contractor to comply with all the obligations and terms of this Section 7 shall be grounds for the County to withhold compensation otherwise due to the Contractor. Contractor shall within 10 business days of the execution of this Contract by the last party signing it provide to the County a copy of the full text of any endorsement listed by number, title or other abbreviated form on any Certificate of Insurance or other form of proof of insurance the Contractor has provided the County to prove its compliance with this Section 7. 8. CONTACT POINTS: The contractor shall notify JCPH (Solid Waste Division) at (360) 379 -4480 of work being conducted on -site at the SP. Notification shall include date, time, and nature of site activities The County's contact person shall be Christy Fiedler. The Contractor's contact point and contact person are as follows: Name: TRS Trash Removal Service LLC Mail address: PO Box 525, Bremerton, WA 98312 Best phone number: 360 - 373 -2007 9. PLAN OF OPERATION: The contractor shall prepare, submit, and adhere to a Plan of Operation approved by the JCPH (Solid Waste Division). The proposed Plan of Operation shall comply with and conform to any and all applicable Stand Specifications of the Washington Department of transportation. Those Standard Specifications, to the extent applicable, are hereby incorporated herein and made a part hereof as if stated in full here. The Plan of Operation must be approved by JCPH prior to site activities commencing. The Plan of Operation must include the following elements, and any additional elements suggested by the Contractor shall be optional and need not be accepted by JCPH. SPECIFIC REQUIREMENTS: a. Junk vehicles will be removed from the subject property (SP) and processed and crushed off -site at a licensed wrecking yard. b. Vehicles and parts thereof may not be auctioned, sold, traded, bartered, parted out, driven, or repaired by the Contractor or any agent, employee or representative of the Contractor. c. Vehicles to be processed will have all fluids drained, mercury switches removed, tires removed, and solid waste removed before crushing. d. Once crushed, vehicles must be hauled to a licensed scrap processor which is in compliance with applicable regulations and capable of final shredding, or compacting of scrap metal. e. Said scrap processor must agree to track scrap deliveries on forms provided by JCPH. (See Appendix). f. The JCPH (Solid Waste Division) will release the fair - market value of the scrap metal to the Contractor subject to the condition listed immediately below and Section 3 above. g. The fair market value of the scrap metal released to the Contractor will serve as compensation to the Contractor, i.e., it will be an offset against the gross amount initially bid by the winning Contractor. Vehicle Removal from Site Extreme care shall be taken to minimize disturbance to the shoreline and adjacent private property while site work is in progress. • Work schedules and access shall be coordinated through JCPH (Solid Waste Division). • Contractor shall ensure traffic and pedestrian safety while entering and exiting the site. • Contractor will also ensure reasonable access to county roads during site work. • All private lands, crossings and roadways shall be returned to conditions similar to those existing prior to site work. • In order to protect soils and habitat, work may be suspended by the County at any time due to rain or flooding. Equipment shall be stored in close proximity to established roads or off -site while not in use, all at the owner's own risk. • Before commencing site work the Contractor will secure and remove hazardous and dangerous waste found on the Subject Property (SP) including but not limited to containers of auto and other dangerous fluids, batteries, and household hazardous waste to minimize the chance of environmental contamination. • While removing designated vehicles and solid waste from the SP, extreme care will be taken not to damage property not designated for removal. • Extreme care will also be taken to minimize the chance of inadvertent environmental contamination while removing designated vehicles and auto parts that may contain automotive fluids. Contractor will provide, have available, and immediately utilize spill response materials as needed. Solid Waste Disposal • Materials removed from the SP shall be disposed of at a licensed facility that is specifically permitted to handle these solid waste and recyclable materials. • Scrap metal from the SP must be recycled at the same facility that is contracted to receive the crushed vehicles. Compensation to the Contractor in this regard will occur in a manner consistent with Section 3 above. • Household hazardous waste (paint, solvent, etc.) must be disposed of at the Jefferson County Moderate Risk Waste Facility, located in Port Townsend, or other appropriate site licensed to handle these materials. • The Contractor shall provide receipts or some other form of proof that all materials have been disposed of in an acceptable manner. • The Contractor shall be responsible for any and all dump and recycling fees incurred including fees at all disposal facilities. • Burning of any solid waste or other materials from the SP by the contractor (either on or off site) is not allowed by Washington State law. • After all vehicles and solid waste have been removed, all disturbed areas will be smoothed to match the surround areas and then covered with straw. • The structures that are to remain on the property will be boarded up to prevent unauthorized access. 10. ADDITIONAL WORK: Upon issuance of a written "Change Work Order" from JCPH (Solid Waste Division) stating, at a minimum, the additional work to be performed, the start and end dates for such additional work, the compensation or consideration the Contractor is entitled to for such additional work and the deliverables (if any) the Contractor must provide to JCPH relating to such additional work, the Contractor may commence to undertake the additional work so described in the Change Work Order as soon as Contractor's signature is placed upon the Change Work Order. 11. TIMETABLE FOR COMPLETION: Contractor agrees to the following time table for completion of deliverables: ACTIVITY COMPLETION DATE Vehicle Removal from Site Within 15 days of Notice to Proceed Solid Waste Disposal Within 15 days of Notice to Proceed Work may begin once formal Notice to Proceed has been granted by the County. Notice to Proceed is expected to be issued by the County on or about November 30, 2014 but may occur either earlier or later than that date without prejudice to either party to this Contract. 12. HOLD HARMLESS and 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 or breach of any of its obligations under this Contract; 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 Contract 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. 13. INDEPENDENT CONTRACOR: 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 Contract shall be considered employees other 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. 14. NO ASSIGNMENT OR SUBLETTING OF OBLICATIONS: The Contractor shall not sublet or assign any of the services covered by this contractor 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. 15. TERMINATION: Either Contractor or JCPH (Solid Waste Division) may terminate this Contract upon ten (10) business day's written notice to the Contact Person of the other party listed in Section 8 above. Contractor shall be entitled to payment for all work performed up to and including the date 10 business days from the date of the termination notice. Termination can occur whether or not the terminating party has cause to terminate. JCPH reserves the right to terminate if funding, staffing or other resources are not available for it to perform its obligations under this Contract. In lieu of termination, either party may notify the other party in writing of an alleged default by the defaulting party and the defaulting party shall have five (5) business days to remedy said default or otherwise resolve the dispute. 16. WAIVER Either Contractor or JCPH may waive the other party's performance of a contractual obligation created by this Contract but said waiver does not constitute a waiver of all similar actions or omissions by the other party nor does it constitute a waiver of any other contractually - obligated action or omission by the other party. 17. SEVERABILITY: If any portion, section or text of this Contract is deemed to be unlawful, invalid or unenforceable, then all other portions, sections or text of this Contract shall remain lawful and enforceable. 18. VENUE: If any claim, action or lawsuit shall arise from the terms and obligations of this Contract or the implementation or operation of same, then venue for such lawsuit shall only reside in the Superior Court for Jefferson County, Washington. 19. BOND MAY BE REQUIRED: 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 and the Contractor may agree that in -lieu of the Bond, the County will withhold 50% of the Contract amount in accordance with RCW 39.09.010 and RCW 39.04.155. The Contractor will indicate this option on Exhibit A. The Contractor will declare management option of the statutory retained percentage through completion of Exhibit 20. PUBLICITY: The County and Contractor agree that County may undertake the recording, via photographs, video and audio, of the clean -up and removal of solid waste and junk vehicles from the SP and that the County is authorized to use said recording or recordings for non - commercial uses including, but not limited to, staff presentations, workshops, community programs and other forms of publicity. 21. ENTIRE AGREEMENT: The parties agree that this written contract contains all the terms, obligations and contractual promises that each party has made to the other and that any prior oral or written agreements by and between the parties are null and void and of no effect. 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 Contract 12014 Cont 22 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS John Austin, Chair ATTEST Clerk of the Board Approved as to Form Ravi David Alvarez, Chief Civil PA Date approved as to form EXHIBIT A CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN $35,000 A. A Contract Bond will be provided as required Date f ( l� Signed B. In lieu of providing a Contract Bond, the County will withhold 50% of the Contract amount Date Signed r EXHIBIT B { k CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of the contract held in a fund by the Owner until (30) days following final acceptance of the work. Date Signed B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subject to withdrawal until after final acceptance of the work. Signed C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. Signed I hereby designate _ escrow of said funds. as the repository for the I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Date Signed