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HomeMy WebLinkAbout012015_ca06Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, PE, Public Works Director /County Engine Agenda Date: January 20, 2015 Subject: Execution of Purchase & Sale Agreement for 2015 Supply of Liquid Asphalt Products for Bituminous Surface Treatment Program. Statement of Issue: Execution of a Purchase 8 Sale Agreement with Albina Asphalt of Vancouver, WA for Liquid asphalt products to be used in the Public Works Department Road Operations Annual BST Program. Analysis /Strategic Goals /Pro's £t Con's: The Board awarded a bid to the above party on Monday, December 22, 2014 for supply of liquid asphalt products for the Road Operations 2015 BST Program. This program is consistent with County goals in that it provides for preservation of roadway pavement and infrastructure. The Contractor has provided the required contract bond and insurance certificate, which are on file at the office of the Department of Public Works. Fiscal Impact /Cost Benefit Analysis: Purchase of liquid asphalt products is accounted for in the 2015 Road Operations Budget. The estimated purchase amount is $263,717 plus Washington State Sales Tax. Recommendation: Public Works recommends the Board approve the Purchase li Sale Agreement with Albina Asphalt, and requests the Board to sign the three (3) Agreements where indicated, and return two (2) signed Agreements to Public Works for final processing. Department Contact: Dale Seward, Project Manager Reviewed By: hilip Morl my Administrato 385 -9160 Date PURCHASE AND SALE AGREEMENT This AGREEMENT, made and entered into this day of , 20 , between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of RCW Title 36 as amended, hereinafter referred to as BUYER and Albina Asphalt of Vancouver, WA, hereinafter referred to as SELLER. WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do agree as follows: GENERAL PROVISION: 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. 1. SALE OF GOODS SELLER shall manufacture for BUYER the following described products: Liquid Asphalt Products for use by the Jefferson County Department of Public Works Road Operations Division for their bituminous surface treatment (BST) program in quantities and by dates indicated in the General Contract Provisions documents. The Agreement is for supply of liquid asphalt products in calendar year 2015. 2. CONSIDERATION BUYER shall accept the goods and pay unit prices in accordance with the Proposal dated 3 12014- and the General Contract Provisions. 3. IDENTIFICATION OF GOODS Identification of the goods to this agreement shall not be deemed to have been made until both BUYER and SELLER have specified that the goods in question are as prescribed in the performance of this Agreement. 4. PAYMENT BUYER shall make payment for received goods after inspection and approval by the BUYER. BUYER shall make payment within approximately 30 days after receiving invoice and approval of goods as per the referenced Minimum Specifications and General Contract Provisions. 5. RECEIPT CONSTRUED AS DELIVERY Goods shall be deemed received by BUYER when delivered to and installed for the BUYER per the referenced Minimum Specifications and General Contract Provisions. Receipt does not equal acceptance for the purpose of this Agreement. 2015 Supply of Liquid Asphalt Products Page 1 of 5 Purchase and Sale Agreement 6. RISK OF LOSS The risk of loss from any casualty to the goods, regardless of cause, shall be on the SELLER until the goods have been delivered and accepted by the BUYER. 7. WARRANTY OF NO ENCUMBRANCES SELLER 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. 8. WARRANTY OF TITLE Furthermore, SELLER warrants that at the time of signing this Agreement SELLER neither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of SELLER in the goods. 9. WARRANTY OF MERCHANTABILITY Further, SELLER warrants that the goods, which are the subject of this Agreement, are merchantable and are fit and suited for their intended purpose. This warranty shall survive past the Date of Acceptance by the BUYER and shall survive for one (1) year past the Date of Acceptance or for a time co- extensive with the manufacturer's warranty, whichever is shorter. 10. RIGHT OF INSPECTION/REJECTION BUYER shall have the right to inspect the goods on arrival, and within 30 calendar days after delivery, BUYER must give notice to SELLER of any claim for damages on account of condition, quality or grade of the goods, and BUYER must specify the basis of the claim of BUYER in detail. 11. ACCEPTANCE Unless BUYER notifies SELLER of either Acceptance of the goods or Rejection of the goods in accordance with Section 10 above before 30 calendar days have passed since the delivery date of the goods, the Date of Acceptance for purposes of this Agreement shall automatically be the 31" calendar day after the date of delivery of the goods. 12. RIGHT OF CANCELLATION BUYER shall have the right to cancel this Agreement on giving 30 days prior written notice of the intent to do so. 13. 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. 14. ATTORNEYS 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. 2015 Supply of Liquid Asphalt Products Page 2 of 5 Purchase and Sale Agreement 15. AMENDMENTS This Agreement shall not be deemed or construed to be modified, amended, rescinded, canceled, or waived in whole or in part except by written amendment signed by the parties hereto. 16. SEVERABILITY If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. I r�I`►I.'IiJi7�yJ 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. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. B. General Liability (1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual /Commercial Liability including completed operations (contractors only); 4. Premises - Operations Liability (M &C); 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. 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: 2015 Supply of Liquid Asphalt Products Page 3 of 5 Purchase and Sale Agreement ` J r. �1 1. Owned automobiles; 2. Hired automobiles; and, 3. Non -owned automobiles. 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. 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. 18. CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, all conditions of the Jefferson County bid documents (general, special and supplementary and other conditions, drawings, specifications, and addenda) and other documents listed below issued prior to the execution of this Agreement and all modifications and change orders issued subsequent thereto. These form a contract and all are as fully a part of the contract as if attached to this 2015 Supply of Liquid Asphalt Products Page 4 of 5 Purchase and Sale Agreement agreement or repeated herein. An enumeration of the contract documents is set forth below: This Agreement; and The General and Contract Provisions of the Jefferson County bid documents The Bid Proposal of the contractor herein dated December 2-.40+3- 19. CONFLICT BETWEEN DOCUMENTS In the event of a conflict or discrepancy between the Provisions of the Jefferson County bid documents and the Provisions of this Agreement, the Provisions of the Jefferson County bid documents shall be controlling. IN WITNESS WHEREOF, the parties here -to have executed this Agreement to be effective on the date of its signing by the BUYER. L r3, P 0 is 14 19-L i Name of Vendor Vendor Re sentative (Please print) mac/ (Signature �]/f Title Date JEFFERSON COUNTY BOARD OF COMMISSIONERS Chair Member Member Approved as to form only. f 4sliLl- David Alvarez Date Deputy Prosecuting Attorney l r> Monte rs, P.E. Date Public Works Director /County Engineer 2015 Supply of Liquid Asphalt Products Page 5 of 5 Purchase and Sale Agreement CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local department or agency; (2) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a 3 -year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation. Name of Contractor J.0 Name and Title of Authorized Representative Signature of I am unable to certify to the above statement. An explanation is attached. 2015 Supply of Liquid Asphalt Products Certification Proposal For Bidding Purposes For: SUPPLY OF LIQUID ASPHALT PRODUCTS FOR BITUMINOUS SURFACE TREATMENT FOR CALENDAR YEAR 2015 Sealed bids will be received in the Office of the County Commissioners, basement level of the Jefferson County Courthouse, 1820 Jefferson Street, P.O. Box 1220, Port Townsend, Washington, 98368, until the date and time specified in the 'Call for Bids'. Jefferson County Department of Public Works BID PROPOSAL FORM Please read all pages of this `Bid Proposal Form', complete pages 2 through 5, and return this original form to Public Works. You may keep a copy for your files. To be accepted, bids must be signed and submitted on these original document forms using ink or typed and supplying all of the information requested. Deliver Bids to: County Commissioners, Jefferson County Courthouse basement level, 1820 Jefferson Street, P.O. Box 1220, Port Townsend, WA 98368 9:30 A.M. MONDAY, DECEMBER 15, 2014 We, the undersigned, are offering to supply the following items in full accordance with bid specifications: Vendor: AS P H A LT Plant Location: VJgr;Co0 fF,2 �(�►�} FOB Delivery Point: �EjrFet2so c) cc or,1; y t� , Prices Guaranteed From: Date of Award To: December 31. 2015 EAST JEFFERSON COUNTY • Price quoted in U.S. Dollars per U.S. Ton (2,000 lbs). • Prices do not include Washington State sales tax or "use tax," but do include all other applicable taxes, permits, environmental fees, and other fees. 1. Date County's Product will be in Storage at Plant 2. Bidder's expense to procure $100,000.00 Performance Bond 3. Maximum Delivery Time after Firm Order 4. Demurrage Rate after 3 Hour Unloading Period 5. Number of Trucks Available Per Day 6. Name of Trucking Firm PS DO/ $ S1000 1oV Lump Sum 24 kboff.S V IoOca /h2. s Nara 2015 Supply of Liquid Asphalt Products Page 2 of 6 Bid Proposal sR -. ESTIMATED USE S.0 �`G`' ter",. F`s'&'`.,. ✓r �s`645- st`.,� PRICE PER`US ° �,r ;.:?su t'fiP yfb.+,wlF k•�Y,w",`^7'- ,<!�<, % �pRICPER US TONx Ey r lt�s X >TON ,Y y EMULSION TYPES H F1OhB PLANT " TRANSPORTATION " 4 a-t?'Y.,f! �US Tons �"US�Dollars srUSDollars CRS -2P 352 Tons $ ��(,� e� per ton $(off per ton CSS -1 (50% Dilute) 115 Tons $ ZT� per ton $ �' per ton • Price quoted in U.S. Dollars per U.S. Ton (2,000 lbs). • Prices do not include Washington State sales tax or "use tax," but do include all other applicable taxes, permits, environmental fees, and other fees. 1. Date County's Product will be in Storage at Plant 2. Bidder's expense to procure $100,000.00 Performance Bond 3. Maximum Delivery Time after Firm Order 4. Demurrage Rate after 3 Hour Unloading Period 5. Number of Trucks Available Per Day 6. Name of Trucking Firm PS DO/ $ S1000 1oV Lump Sum 24 kboff.S V IoOca /h2. s Nara 2015 Supply of Liquid Asphalt Products Page 2 of 6 Bid Proposal BID PROPOSAL FORM SPECIFY THE TIME PERIOD(S) WHEN YOUR COMPANY OPERATES TO SUPPLY THESE MATERIALS: Seasonal Time Period Days of Week Hours of Day �r!} rJ 1`SC L � 1 �iD�J� �51- �� U �7t'`7 ► ` EQ� 1(1 -+�S DESCRIBE INVENTORY AND STORAGE CAPACITY THAT WILL ALLOW YOUR FIRM TO GUARANTEE DELIVERY OF ALL PRODUCT NEEDED BY JEFFERSON COUNTY a a© SS —raKs _ 0 goo, coo )5mot "Slv o The bidder must certify below that this bid complies in all respects with the attached bid documents, including the minimum specifications. (Y/N) If the bidder has indicated that the bid does not comply in all respects with the attached bid documents, he /she is to list below, in detail, any and all deviations. LIST DEVIATIONS: ADDITIONAL PAGES INCLUDED: Sign and date any additional pages. (Y/N) LIST ADDITIONAL FEATURES: (NON -AWARD INFORMATION) ?2i o 2 /-o fi0E5L1 vrA. Y ADDITIONAL PAGES INCLUDED: Sign and date any additional pages. 2015 Supply of Liquid Asphalt Products Page 3 of 6 Bid Proposal (Y/N) BID PROPOSAL FORM All official clarifications or interpretations of the bid documents will be by written addenda only. Bidder acknowledges receipt of the following addenda: Addendum No. A) Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date The Board of County Commissioners reserves the right to reject any or all bids, portions or parts thereof, and to waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the bidders when considering awarding a contract. Submit bids in a sealed envelope, plainly marked on the outside with bidder's name and address, and the words "BID: Supply of Liquid Asphalt Products" to the office of the County Commissioners, basement floor of the Jefferson County Courthouse, 1820 Jefferson Street, P.O. Box 1220, Port Townsend, WA 98368. It is the bidder's responsibility to deliver the bid to the proper address by the assigned time (See page 2 of 6 of this Proposal Document). Jefferson County accepts no responsibility for misdirected or lost bids. 2015 Supply of Liquid Asphalt Products Page 4 of 6 Bid Proposal BID PROPOSAL FORM Signature Page The bidder is hereby advised that by signature of this proposal he /she is deemed to have acknowledged all Contract Provisions requirements, signed all documents contained herein and desires to submit to the Jefferson County Board of Commissioners the enclosed bid. Signature of Authorized Official(s) Proposal Must Be Signed (Please Print Name and Title) 6 Firm Name 1-13 / oor XSiogAti! Address 201 MA ( 0 2 "/,q- co o V-,9A , W A 0 Phone 2 16 -'g !]�`t' Date 1Z 13.//q State of Washington Sales Tax ID a f u 2 -OR- Federal Tax ID (if out of State) Note: (1) This proposal is not transferable and any alteration of the firm's name entered hereon without prior permission from the County Commissioners will be cause for considering the proposal irregular and subsequent rejection of the bid. (2) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal name in communication: Supply of Liquid Asphalt Products for Bituminous Surface Treatment for Calendar Year 2015 2015 Supply of Liquid Asphalt Products Page 5 of 6 Bid Proposal BID PROPOSAL FORM PURCHASE & SALE AGREEMENT DOCUMENTS & BOND FORM WILL BE PROVIDED TO THE SUCCESSFUL BIDDER ONLY 2015 Supply of Liquid Asphalt Products Page 6 of 6 Bid Proposal