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HomeMy WebLinkAbout071315_ca03Department 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, Public Works Director /County Engine7&j Agenda Date: July 13, 2015 Subject: Supply of Emergency Rip Rap Stockpile - Quilcene Statement of Issue: Contract with Ryfield Properties, Inc. to supply and stockpile emergency rip rap at Quilcene for use in emergency road repair. Analysis /Strategic Goals /Pro's ft Con's: Public Works needs a reliable supply of rip rap with which to stabilize county roads in the event of a washout during storm events. The existing rip rap stockpile has been nearly depleted over the last several years due to emergency response. Fiscal Impact /Cost Benefit Analysis: $53,680.50 plus W55T. Rock will be purchased with funds from EREtR and repaid by Roads as it is used. Recommendation: Please sign the three (3) contracts where indicated and return two (2) to Public Works for processing with the Contractor. Department Contact: Mara Dotson, Engineer Tech 3, 385 -9218 Reviewed By: Philip Morley ount Administrator Date PURCHASE AND SALE AGREEMENT This AGREEMENT, made and entered into this day of , 2015, 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 Ryfield Properties Inc of Port Angeles, 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 procure, manufacture, and deliver for BUYER the following described products: Rip Rap in quantities and by dates indicated in the Bid Proposal documents. 2. CONSIDERATION BUYER shall accept the goods and pay unit prices in accordance with the Proposal dated June 9, 2015 and 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 General and Special Contract Provisions and material specifications. 5. RECEIPT CONSTRUED AS DELIVERY Goods shall be deemed received by BUYER when delivered to the BUYER per the referenced Contract Provisions at the County's Quilcene Pit. Receipt does not equal acceptance for the purpose of Supply of Rip Rap Page 1 of 6 Purchase and Sale Agreement this 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. 10. RIGHT OF INSPECTION/REJECTION BUYER shall have the right to inspect the goods prior to delivery and will accept or reject goods prior to taking delivery. 11. 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. 12. 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. 13. 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. 14. 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. Supply of Rip Rap Page 2 of 6 Purchase and Sale Agreement 15. 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. 16. INSURANCE Prior to commencing work, the SELLER 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 SELLER 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 SELLER 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 SELLER. All notices shall name the SELLER 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 SELLER 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: 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 Supply of Rip Rap Page 3 of 6 Purchase and Sale Agreement 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 SELLER 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 SELLER to take out and/or maintain any required insurance shall not relieve The SELER 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 SELLER. 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 SELLER until such time as The SELLER 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 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 SELLER 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 SELLER 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 SELLER to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the SELELR's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the SELLER. Supply of Rip Rap Page 4 of 6 Purchase and Sale Agreement 17. 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 agreement or repeated herein. An enumeration of the contract documents is set forth below: 1. This Agreement; and 2. The General and Special Provisions of the Jefferson County bid documents 3. The Bid Proposal of the contractor herein dated June 9, 2015 18. 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. Supply of Rip Rap Page 5 of 6 Purchase and Sale Agreement IN WHEREOF, the parties here -to have executed this Agreement to be effective on the date of its signing by the BUYER. Ryfield Properties, Inc. NameofSELLER Gabe Rygaard SELLER Representative (Please print) 4 (' ature) is- Date JEFFERSON COUNTY BOARD OF C9MMISS David 7/ Kathleen Kler, Member Approved- as to form only this � a of '2015. David Alvarez Deputy Prosecuting Attorney '_�' Date Public Works Director /County Engineer Supply of Rip Rap Page 6 of 6 Purchase and Sale Agreement To: Jefferson County Rip Rap Stockpiling - Quilcene, Washington Proposal Form Sealed Bids due Tuesday, June 9 by 10:30 AM Mara Dotson, Project Manager Public Works Department, 623 Sheridan Street, Port Townsend, WA 98368 Bid envelope shall be labeled as follows, "Sealed Bid: Quilcene Stockpile" Direct questions to Mara Dotson at: Phone: (360) 385 -9218, Fax: (360) 385 -9234, Email: mdotson @co.jefferson.wa.us NOTE: UNIT PRICES FOR ALL ITEMS, ALL EXTENSIONS, AND TOTAL AMOUNT OF QUOTE SHALL BE SHOWN. SHOW UNIT PRICE IN FIGURES ONLY (NOT WORDS). ALL ENTRIES MUST BE TYPED OR ENTERED IN INK. A BID BOND IS NOT REQUIRED. Item No. Item Description Estimated Unit Price per Unit Total Amount Quantity Dollars Dollars 1 Mobilization /Demobilization 1 L.S. oIS06 C�L S00. 2 Supply, Haul, and Stockpile 1,500 TON °G Four to Five Man Rock ele , �� y�r 1,70, Load, Haul, and Stockpile 3 County -Owned Three to Five Man 250 TON 1 61 Rock Load, Haul, and Stockpile 4 County- Owned Heavy /Light Loose 700 TON Rip Rap Total (before sales tax) $ 53 6610, The Contractor shall collect from the Contracting Agency retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. The Contractor shall NOT include the retail sales tax in the unit bid prices or in any other contract amount. It is the Bidder's responsibility to confirm that County has received this Proposal. The County will not accept Proposals received after the deadline even if sent by the Bidder on time. Signature of Authorized Official: Firm Name: Address: dr, PA6T b. & a�x Phone: 360 V66 7o?9,2 State of WA Contractor's License No:� Iof9 Jefferson County Rip Rap Stockpiling - Quilcene, Washington Special Provisions 1) Description of Work: This contract requires the Contractor to supply the stated quantity of 4 to 5 -man rock from the Contractor's source to be delivered to and stockpiled at the County -owned pit located at 295316 Highway 101 in Quilcene, WA. Additionally, the Contractor shall load and haul stated quantities of County -owned 3 to 5- man rock and heavy /light loose rip rap currently located at County property at the intersection of Hwy 101 and Penny Creek Rd. and stockpile said materials at the County -owned pit located at 295316 Highway 101 in Quilcene, WA. See attached maps, plans, and photos. Payment for the work will be in accordance with the items listed on this Proposal Form. 2) Work shall be completed within 35 working days after contract execution. 3) Work hours shall be Monday to Friday, with no work before 7 a.m. and no work after 6 p.m. 4) By virtue of WAC 296 - 127 -018, work under this contract is not subject to payment of prevailing wages. WAC 296 - 127 -018 provides exemptions for workers involved in the production and delivery of aggregate products when said products are not incorporated into or delivered to or near to a specific public works project site but instead are stockpiled for future use requiring reloading and transportation later. 5) Retainage and performance bonding requirements do not apply as this is a material supply contract and not a "public work ". 6) The Contractor shall collect from the Contracting Agency retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. The Contractor shall NOT include the retail sales tax in the unit bid prices or in any other contract amount subject to Rule 170 (Department of Revenue). The Contractor should contact the Washington Department of Revenue for answers regarding taxes. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. 7) For Contractor supplied rock, the degradation and LA Wear requirements of Section 9 -13 of the WSDOT /APWA Standard Specifications are waived; however, all rock shall be sound and free of defects and shall not break down into smaller sizes during loading, handling, and stockpiling. The Engineer may reject any rock with the above mentioned defects and the Contractor will remove rejected material from the County's site. 8) The rock sizes listed in WSDOT Standard Specifications 9- 13.7(1) shall apply (attached). For Contractor supplied 4 to 5 -man rock, the County will accept incidental amounts of rocks in the 3 -man size (28 -36 inches) in a quantity not to exceed 15% of the total supplied. Up to 50% in the 6 -man size is acceptable. 9) For the existing County -owned rock, the Contractor shall arrange to have one (1) representative load from each truck weighed at a scale each day. If Engineer deems the load to not be representative, the Engineer may order a second load from the truck to be weighed. Said weights will be used to calculate daily tonnage hauled and corresponding payment. It is assumed that Contractor supplied 4 and 5 -man rock will come from a source with scales and that every load will be weighed. If this is not the case, the above described method will be used to determine weight. 10) Contractor will provide appropriate equipment at the new stockpile site as necessary to build two (2) stockpiles. One stockpile will consist of the Contractor supplied 4 to 5 -man rock combined with the County -owned 3 to 5- man rock transported to the site by the Contractor. A second stockpile will consist of the County -owned heavy /light loose rip rap transported to the site by the Contractor. 11) Stockpiles shall be constructed by the Contractor in the area designated by the Engineer with 1H:1V side slopes to a minimum height of approximately 8 feet to minimize floor area of pit occupied by stockpiles. Contractor shall supply appropriate equipment for building stockpiles. 12) The existing County -owned rock and rip rap is located at a County property at the intersection of Penny Creek Road and US Highway 101 (orange gate) slightly more than 1 mile total hauling distance from the new stockpile 2 of 9 Jefferson County Rip Rap Stockpiling - Quilcene, Washington site at 295316 Hwy 101. This rock and rip rap is currently located in several piles variously positioned covering an area approximately 250 feet in diameter. Some of the 3 to 5 -man rock is overgrown with blackberries and the Contractor is expected to retrieve this rock and haul it to the new stockpile site. The quantities of County - owned rock currently existing at the site are difficult to estimate. The County has attempted to not overestimate the quantity. Higher quantities may exist and Contractor will be paid to haul all rock as directed by the Engineer and will be compensated at the unit prices indicated in the Proposal for the actual quantities hauled. Several piles which contain smaller rock and high quantities of fines will not be moved. See photos for more information. 3of9 Jefferson County Rip Rap Stockpiling - Quilcene, Washington 9 -13.7 Ruck for Lack Wall 43.7(1) Rock for Rock Walls and Chinldng Material Rock for rock walls and chinking material shall be hard, sound and durable material, fiee from sew, cxacks, and other defects leading to destroy its resistance to weather, and shall nxeet the following minimum r1?quirrP nts: Rock for rock: wall sizes are approximately as follows_ Cl=lang material shall be a minimum of 4 nwIes average dimension- 9-13.7- ck-fill for Rack n all 13acirfill for rock was of rock +*� ++num of ?inches bra a mammum of b inches_ can. visual inspection by the 2014.5tandardSpecifrcations 41 -10 4of9 Page 9 -5 11 • 1!1 • I• �� i� �• . 1.1.1 • : • r -:� #1.3111 ■ 1•.1 Cl=lang material shall be a minimum of 4 nwIes average dimension- 9-13.7- ck-fill for Rack n all 13acirfill for rock was of rock +*� ++num of ?inches bra a mammum of b inches_ can. visual inspection by the 2014.5tandardSpecifrcations 41 -10 4of9 Page 9 -5 Jefferson County Rip Rap Stockpiling - Quilcene, Washington mygminn 5 of 9 Jefferson County Rip Rap Stockpiling - Quilcene, Washington Site Map 6 of 9 Jefferson County Rip Rap Stockpiling - Quilcene, Washington County -owned Heavy /Light Loose Rip Rap Pile #1 County -owned Heavy /Light Loose Rip Rap Pile #1 and #2 7 of 9 Jefferson County Rip Rap Stockpiling - Quilcene, Washington 4 x � a y �, County -owned 3 to 5 -Man Pile #1 County -owned 3 to 5 -Man Pile #2 4 Jefferson County Rip Rap Stockpiling - Quilcene, Washington New Stockpile Area 9 of 9 CONTRACT REVIEW FORM CONTRACT WITH: T.B.D. (Contractor /Consultant) CONTRACT FOR: Supply of Emergency Rip Rap TERM: COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETURN TO: Tina in AMOUNT: $59 Revenue: ER &R Expenditure: ER &R Matching Funds Required: N/A Sources(s) of Matching Funds N/A Public Works Mara Dotson, Project (360) 385 -9218 RETURN BY: 2015 /4s.b 6 PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid X Small Works Roster Vendor List Bid RFP or RFQ Other Step 1: REVIEW BY A MENT Review by: / Philip Morley Date Reviewed: PROVED FORM e reed for revision (See Comments) Co ents Step 2: REVIEW BY PR ECUTIN �e!4-AIK TORNEY Review by: Da vid Alvarez Date Reviewed: APPROVED AS TO FORM 4 1 Returned for revision (See Comirienisy Com ents S i C /vim ACnA l A/ OV '7 I '7 I rr S' b SAM 1= n -A` k' (I2� Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract and Review Form with Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda. (This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.) P: \MaraD\2015 \quilcene rock \Contract Review Form.docx rev. 12/10/2014