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HomeMy WebLinkAbout112116_ca04Department 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, P.E., Public Works Director/County Engineer Agenda Date: November 21, 2016 Subject: Execution of Contract with Lakeside Industries, Inc. for East Quilcene Road Paving MP 0.40 to MP 0. 55, Project No. 18020110, County Road No. 327508 Statement of Issue: Execution of Contract with Lakeside Industries, Inc. of Port Angeles, Washington for East Quilcene Road Paving MP 0.40 to MP 0.55, Project No. 18020110, County Road No. 327508. Analysis/Strategic Goals/Pro's 8t Con's: East Quilcene Road, in the vicinity of the McInnis Road intersection, is being overtopped by the Little Quilcene River during high flow events. There was approximately 2 inches of water on the roadway during the Oct. 14 - Oct. 16, 2016 heavy rainfall in Quilcene. The overtopping is a result of dike removal and buildup of streambed material in the riverbed. As a partial, temporary solution to this problem, County forces have constructed a small dike along the southerly edge of the road. This contract is for placing asphalt to raise the road 6 inches and construct a 4 -inch high curb, for a total length of approximately 800 feet along East Quilcene Road. Fiscal Impact/Cost Benefit Analysis: The bid amount is $80,102.50. Construction will be funded at 100% by the County Road Fund. Recommendation: Public Works recommends that the Board execute all three (3) originals of the Contract with Lakeside Industries, Inc. and return two (2) originals to Public Works for further processing. Department Contact: Mark Thurston, P.E., Project Manager, 385-9160. Reviewed By: Zt y ,& Philip Morley, CouintAdmir4strator Date CONTRACT JEFFERSON COUNTY, WASHINGTON 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 Title 36, RCW, as amended and Lakeside Industries, Inc of Port Angeles, 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 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 This contract provides for paving East Quilcene Road in Jefferson County between milepost 0 40 and milepost 0 55 The work includes fi=shing and installing a 6 -inch HMA Cl %z In PG 64-22 overlay in two lifts, an asphalt wedge curb, providing temporary traffic control, and other work in accordance with the attached Contract Plans, these Contract Provisions, and the WSDOT Standard Specifications for the total sum of Eighty thousand one hundred two dollars and fifty cents ($80,102 50) in accordance with and as described in the attached plans and specifications and the Standard Specifications of the Washington Department of Transportation which are by this reference incorporated herein and made a part hereof The Contractor shall perform any alteration in or addition to the work provided in this contract and every part thereof The Contractor shall complete the described work as follows Contract time shall begin on the first working day following the Notice to Proceed Date Beginning with the first working day, the project shall be physically complete within 2 working days 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 funush 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 fiirther 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 Revised 712016 Page I of 8 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 prermum 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 mjury, 3 Broad Form Contractual/Commercial Liability mcludmg 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 mmunum limit per occurrence of $1,000,000 for bodily mjury, 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-msured 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 mdemmficat.on 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 Revised 7/2016 Page 2 of 8 insurance It is further agreed by the parties that insurance compames 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 coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch 48 62 RCW shall be non-contnbutory 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 indemmfy 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 mdenuuty 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 tlus 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 Revised 72016 Page 3 of 8 Agreement shall be considered employees of the Contractor only and any claims that may anse 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 Revised 7/2016 Page 4 of 8 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 Contractorlip Imp , 20 Contractor (Please punt) , n pnnt) of Washington, Contractor Registration Number 'Agmr�'� COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W Sullivan, Member Approved as to form only Date Monte Remders, P E Date Public Works Director/County Engineer Revised 712016 Page 5 of 8 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 m paragraph (2) of this certification, and (4) Have not within a 3 -year period preceding tins 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 c. Name of Contractor (PYease print) Name and Title of Signature of Authorize R I am unable to certify to tf a above statement An explanation is attached Revised 72016 Page 6 of 8 CONTRACT BOND JEFFERSON COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS That , of , as Principal, and JEFFERSON, the penal sum of , as Surety, are jointly and severally held and bound unto the COUNTY OF Dollars (S for the payment of which we jointly and severally bind ourselves, or helm, executors, administrators, and assigns, and successors and assigns, firmly by these presents The condition of this bond is such that WHEREAS, on the day of , A D, 20, the said Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said , Principal herewith, agrees to funush all materials and do certain work, to -wit That the said Principal herem will undertake and complete the following described work 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 herem 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 PRINCIPAL 10 day of 720— SURETY COMPANY By By Attorney -m -fact Address of local office and agent of surety company Revised 7/2016 Page 7 of 8 EXHIBIT B 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 y ('O Signed B I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subjcct 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 tune 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 Revised 72016 Page 8 of 8