HomeMy WebLinkAbout031615_ca09Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.E., Public Works Director /County Engine 5p-41K-
Agenda Date: March 16, 2015
Subject: Execution of Emergency Repair Contract
Oil City Road MP 8.8 Emergency Repair
County Road No. 134309
County Project No. X01971
Statement of Issue: Execution of Contract with Seton Construction of Port
Townsend, Washington for an amount not -to- exceed $150,000 for the above
referenced project.
Analysis /Strategic Goals /Pro's ft Con's: A series of storms beginning February 1
resulted in high -flows in the Hoh River which partially eroded the bank adjacent to Oil
City Road at MP 8.8. The Board of County Commissioners declared an emergency
through Resolution #09 -15 on February 9. Public Works has taken immediate action
and received quotes from three contractors for making the emergency repair. Public
Works awarded the contract to the lowest responsive contractor, Seton Construction,
for an amount not -to- exceed $150,000.
Fiscal Impact /Cost Benefit Analysis: The contract not -to- exceed amount is $150,000.
At this time the emergency repair will be funded 100% by the County Road Fund.
Recommendation: Public Works recommends that the Board execute all three
originals of the contract with Seton Construction and return two to Public Works.
Department Contact: Matt Klontz, P.E., Project Manager, 385 -9217.
Reviewed By:
ip Morle , C my Adminis
l/
Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this ' ate` day of FE-IRR,,ga 2 20�, between the COUNTY
OF JEFFERSON, acting through the Jefferson County Commissioners and the Nrector of Public Works under and by
virtue of Title 36, RCW, as amended and Seton Construction of Port Townsend, Washington hereinafter called the
Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the
parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor herein
will undertake and complete the following described work:
Approximately 500 linear feet of bank stabilization through the placement of riprap adjacent Oil City Road (County
Road No. 134309) at Jefferson County Milepost 8.8 as directed by the County Engineer and his designee(s) in
accordance with the terms and conditions of this Agreement including Exhibit C, Rates, and Exhibit D, Provisions,
attached hereto
for the total sum not -to- exceed One Hundred Fifty Thousand dollars ($150,000.00). Work is to be directed by the County
Engineer and his designee(s) and will be in accordance with plans and specifications developed for the project including
reference to the Washington State Department of Transportation Standard Specifications.
The Contractor shall complete the described work as follows: Work to proceed immediately following verbal
authorization by the County Engineer and to be pursued at the direction of the County Engineer and his designee(s) until
work is complete or otherwise terminated by the County.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that
may be required for the transfer of materials and for constructing and completing the work provided for in this contract and
every part thereof.
2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor
to 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 to pay for the same under the terms of this contract and the attached
specifications at the time and in the manner and upon the conditions provided for in this contract.
3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from
companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk
Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the
commencement of work to be performed.
The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or
material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt
requested, for all of the following stated insurance policies.
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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.
(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:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non -owned automobiles.
(2) Note: The County shall be named as an additional insured party under this policy.
Any deductibles or self - insured retention shall be declared to and approved by the County prior to the approval of
the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self - insured
retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of
the requirements stated herein.
Failure of The Contractor to take out and/or maintain any required insurance shall not relieve The Contractor from
any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
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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 of coverage 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 within 30 days of the execution of this Agreement.
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.
5. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of
Washington and venue shall be in Jefferson County, WA.
The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and
shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims,
demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or
breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify
the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the
County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the
concurrent negligence of. (a) the Contractor's agents or employees; and, (b) the County, its officers, employees and
agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County
of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's negligence, or
the negligence of the Contractor's agents or employees.
Claims against the County shall include, but not be limited to assertions that the use and transfer of any software,
book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restraint of competition.
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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.
6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein
contained shall be construed to create a relationship of employer - employee or master- servant, and any and all employees of
the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this
Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said
employees shall be the sole obligation and responsibility of the Contractor.
7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written
consent of the County or its authorized representative. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that the
Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for
payment of all obligations of The Contractor.
9. The Contractor will declare management option of the statutory retained percentage on Exhibit B.
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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 3 20 %S-
Contractor:
Slf-TvN "'Qvc_ .
(Please print)
By: $2vce r3_ SE—Tt' PUT,
(Please print)
W.01 4Z ZaAk �-
(Signature)
S;ETo>l Z I &SOA
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
David W. Sullivan, Chair
Phil Johnson, Member
Kathleen Kler, Member
Ap roved as to fo only: 31 �/61
'1/t 1
David Alvarez Date
Deputy Prosecuting Attorney
-
Monte Reinders, P.E. �I5ate
Public Works Director /County Engineer
PAMatt Klontz\Projects\XO1971 Oil City Road MP 8.8 \Contract \Constniction Contract _Final.docx Revised 2/21/14
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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 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.
��TUfJ Cc�tir- rf`uc_T� arJ, �,�j C ,
Name of Contractor (Please print)
Name and Title of Authorized Representative (Please print)
Signature of Authorize
❑ I am unable to certify to the above statement. An explanation is attached.
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CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON Bond No. 2193764
KNOW ALL MEN BY THESE PRESENTS:
That Seton Construction, Inc. , of Port Townsend, WA , as Principal, and
North American Specialty Insurance Companyas Surety, are jointly and severally held and bound unto the COUNTY OF
JEFFERSON, the penal sum of One Hundred Fifty Thousand & 00/100 --------- - - --- -- Dollars ($ 150,000.00 ),
for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and
successors and assigns, firmly by these presents.
The condition of this bond is such that WHEREAS, on the 12th day of FebruaryA.D., 20 15, the said
Seton Construction, Inc. Principal herein, executed a certain contract with the County of Jefferson, by the
terms, conditions and provisions of which contract the said Seton Construction, Inc. , Principal herewith, agrees to
furnish all materials and do certain work, to -wit: That the said Principal herein will undertake and complete the following
described work:
Emergency Work - Oil City Road (County Road No. 134309) at Jefferson Co. Milepost 8.8 in Jefferson County,
Washington, as per maps, plans and specifications made a part of said contract, which contract as so executed, is hereunto
attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if
here set forth at length.
NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions
and provisions of said contract, in all respects and shall well and truly and fully do and perform all matters and things by the
said Principal undertaken to be performed under said contract, upon the terms proposed therein, and within the time prescribed
therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons
who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and shall in all
respects faithfully perform said contract according to law, then this obligation to be void, otherwise to remain in full force and
effect.
WITNESS our hands this 26th day of February , 20 15.
Seton Construction, Inc. North American Specialty Insurance Company
is .f 0
SURETY COMPANY
By: Joanne Reinkensmeyer
Attorney -in -fact
Address of local office and agent
of surety company:
Hentschell & Associates, Inc.
621 Pacific Ave. Suite 400
Tacoma, WA 98402
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NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
THOMAS P. HENTSCHELL, BRADLEY A. ROBERTS, JULIE A. CRAKER,
KAREN A. INGRAM, KAREN J. SMITH and JOANNE REINKENSMEYER
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9'" of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
\�J�`��GIIAVi7iY�H /iqq�� ,y ^auwwdu�ory
5Q: ''PPO "(ig4 PZIONA(/ 46
G° �'F'':7 ' B (I ``�� •loliPOgq NcPo
:y= Y �..c r�...
SEAL O = Steven P. Anderson, Senior Vice President of Washington International Insurance Company SEAL
? W1,. 1973 �+tj M1 & Senior Vice President of North American Specialty Insurance Company Oi 'n
By •.. ,,,.. *;
David M. Layman, Vice President of W ashington International Insurance Company
& Vim President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this20th day of Jane 2012 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook SS:
On this 20th day of Jane 201 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"OFFICIAL SEAL"
DONNA D. SKLENS
Notary Public, Stale of Miaois
M Commission Elt 104"15
Donna D. Sklens, Notary Public
I, Jeffrey Goldberg .the duly elected Assistant Assistant Secret�of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thi;3 -t of 1-404 �%J , 20 K—
Jeffrey Goldberg, Vice President & Assistant Secretary of
Washington International Insurance Company & North American Specialty Insurance Company
1*14011113110 :3
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF
STATUTORY RETAINED PERCENTAGE
A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until (30) days following
final acceptance of the work.
Date Signed .,•r
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.
Date
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.
I hereby designate
as the repository for the escrow of said funds.
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
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Exhibit C
Rates
APPLICABLE WASHINGTON STATE SALES TAX IS INCLUDED IN THE BID ITEM PRICE.
Item
Item Description
Estimated
Unit
Price per Unit
Total Amount
No.
Quantity
Dollars
Dollars
1
Mobilization/Demobilization
I
LS
6,000.00
6,000.00
2
3 to 4 Man Rock
2,700
TON
28.00
75,600.00
(F.O.B. MP 8.8)
3
Heavy Loose Riprap
1,000
TON
25.00
25,000.00
F.O.B. MP 8.8)
4
Handle & Haul
700
TON
18.00
12,600.00
County 3 to 4 Man Rock
5
Light Loose Riprap
450
TON
22.00
9,900.00
(F.O.B. MP 8.8)
30 Metric Tons Excavator
6
w/ Thumb
70
HR
195.00
13,650.00
(Minimum Operating Weight)
7
O.T. Upcharge Excavator
20
HR
31.00
620.00
Operator
8
O.T. U char a Truck Driver
60
HR
11.00
660.00
9
Contract Bond
1
LS
2,645.00
2,645.00
Estimated Total $
146,675.00
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Exhibit D
Provisions
1) The Contractor shall supply and place rip rap at MP 3.90 on the Upper Hoh Rd. Placement to occur by ramping into
work site, creating a bench from which to operate excavator and position materials, and then work bench back up to
road elevation. See attached photo from previous project. Length of project is approximately 300 feet. 4 to 5 -man
shall be placed at toe of structure mixing with heavy loose on road side. Smaller material (light loose) will be used in
upper 8 feet. Estimated height of structure is 20 feet. See drawing. The Contractor shall perform work under the
direction of the County Engineer's designated Engineer. Payment for the work will be in accordance with the items
listed on Exhibit C, Rates. Quotes shall be good for 120 days from the date of quote. There is no guarantee that the
County will proceed with the work which depends on actual damage occurring and funding availability. No minimum
amount of work is guaranteed.
2) Mobilization includes transporting to /from the site a 30 Metric Ton Excavator (minimum excavator size) and other
necessary equipment including but not limited to trucks and traffic control items. It shall also include all costs to
load/offload equipment at the home office yard, rental yard, and project site. If other equipment is later deemed
necessary by the Engineer, mobilization will be paid at hourly rates established with the Engineer prior to move.
3) No payment will be made for staged/parked equipment for which no operator is available.
4) All products are quoted F.O.B. at the site located on Upper Hoh Rd at Milepost 3.9 and shall be hauled in "on- road"
highway legal trucks /trailers. Truck time will not be tracked.
5) If products are required that do not have prices quoted, a price will be established with the Engineer prior to use.
6) Include applicable sales and use tax in unit prices above. By virtue of WAC 458 -20 -171, retail sales tax does not apply
to charges made in the repair of county roads. On such projects, the Contractor shall pay sales /use tax on materials and
supplies used or consumed in the performance of the work.
7) Hourly equipment rates shall include operators, fuel, maintenance, and all costs incidental to furnishing and operating
the equipment including overhead, profit, insurance, B &O tax, etc.
8) Contractor may work up to 10 hour days (40 -hour week) Monday through Friday. If overtime is ordered by the
Engineer, rates will be negotiated.
9) All wages rates shall meet the minimum prevailing base and fringe rates for Washington State obtained at
http:// www. lni. wa. gov/ TradesLicensing /PrevWageiWageRates/default .asp
10) Prior to contract execution, the Contractor shall secure a performance bond for the work. The County will reimburse
the Contractor for the cost of the performance bond.
11) Rock products may be locally sourced without meeting WSDOT degradation and LA Wear specifications. Rock shall
be sound, reasonably free of defects, shall not break apart during loading, unloading, or placement and will be visually
accepted. Unsound rock will be rejected by the Engineer. Rock products shall meet all other requirements of the 2014
WSDOT Standard Specification section 9 -13 except as noted above.
12) If scales are not available at the quarry, plan to run each truck with a representative load over another scale one time
each day.
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