HomeMy WebLinkAboutAllen Shearer Trucking & Landscape Supply, Inc., Change Order No. 1 - 050718JEFFERSON COUNTY
Sheet 1 of 1
DEPARTMENT OF PUBLIC WORKS
Change
1
Date: 4/17/2018
CHANGE ORDER
Order No.:
Ordered by County Engineer under terms of
❑X Section 1 - 04. 4 of the Standard Specifications
Contract No.:
N/A
Change proposed by Contractor
To:
Allen Shearer Trucking, Inc.
Allen Shearer Trucking and Landscape
Endorsed by: Supply, Inc.
P.O. BOX 789
Contractor Firm Name
Belfair, WA 98528
;-
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Signalure Date
yes
Project Title:
Supply of Aggregate Products for BST
Programs; 2018-2019
Title
Consent given by Surety: (when required)
By
Attorney-in-fact Date
This contract is revised as follows:
This change order revises the type of aggregate product in one existing pay item from 1/2"X U.S. #4 Crushed to
3/8"X U.S. #4 Crushed. It also revises the unit price for this pay item from $41.00/ton to $44.00/ton and includes an
additional charge allowing for direct delivery of material to Jefferson County's Cape George, Gardiner and Quilcene
pits. These prices do not include Washington State Sales Tax. There is no change in the product quantity (6,000 -
tons). No additional contract time is granted with this change order.
All work materials and measurement to be in accordance with the provisions of the standard specifications and
special provisions for the type of construction involved.
ORIGINAL
CURRENT
ESTIMATED
ESTIMATED
CONTRACT
CONTRACT
NET CHANGE
CONTRACT TOTAL
f `,
AMOUNT
AMOUNT
THIS ORDER
AFTER CHANGE
$266,500.00
$266,500.00
$23,800.00
$290,300.00'
ORIGINAL
CURRENT
CONTRACT TIME
NEW CONTRACT
CONTRACT TIME
CONTRACT TIME
CHANGE (Add/Del)
TIME
1'
N/A
N/A
N/A
N/A
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APPROVAL RECOMMENDED APP�$C/ AL RECOMMENDED
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Project Ma ager Date County Engineer Date
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Department 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 ,11
',
y%
Agenda Date: May 7, 2018
Subject: Contract Change Order No.1 with Allen Shearer Trucking & Landscape Supply, Inc.;
For Supply of Aggregate for 2018-19 Road Bituminous Surface Treatment Programs
Statement of Issue:
Authorization of Change Order No.1 in the amount of $23,800.00 (plus WSST) for the above
referenced project.
Analysis/Strategic Goals/Pro's & Con's:
Public Works (PW) has determined that an alternate and superior aggregate product, 3/8" X U.S. #4
BST Chip, is newly available from the same supplier, named above, and proposes to purchase the 3/8"
product in place of the previously specified 1/2" product. The 3/8" Chip affords an improved wearing
surface with reduced sound transference, and is appropriate for use on a wider range of road types
and classifications. The product quantity will remain at 6,000 -tons but the unit price will increase by
$3.00/ton. Change Order No.1 is necessary to allow PW to purchase this superior product in place of
the original material and at an increased price. This change order also includes an additional charge
which will allow for the most efficient delivery of material directly to Jefferson County's Cape George,
Gardiner and Quilcene pits.
Fiscal Impact/Cost Benefit Analysis:
This Change Order will increase the chip rock unit price from $41.00/ton to $44.00/ton, at an increase
in the overall contract amount of $18,000.00 plus WSST. The additional trucking cost will add $5,800.
The final contract amount will increase from $266,500.00 plus WSST to $290,300.00 plus WSST.
Funding for this project is accounted for in the 2018 Roads Maintenance Budget.
Recommendation:
The Department of Public Works recommends the Board to approve this Change Order and execute
all three (3) originals and return two (2) signed originals to Public Works for further processing.
Department Contact: Dale Seward, Eng -1, 360-385-9353
Reviewed By:
Philip Morley,tdounty Administr " o Dat
PURCHASE AND SALE AGREEMENT
,i/�
This AGREEMENT, made and entered into this 9 day of �,T ( , 20/_5 , 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 Allen Shearer
Trucking and Landscape Supply, Inc., of Belfair, 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:
Aggregate for use by the Jefferson County Department of Public Works Road Operations Division in their bituminous
surface treatment (BST) program in quantities and by dates indicated in the Bid Proposal documents. This Agreement
is for supply of specified aggregate(s) in calendar years 2018 and 2019.
2. CONSIDERATION
BUYER shall accept the goods and pay unit prices in accordance with the Proposal dated February 26„
2018, 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. BUYER'S RIGHT TO OFFSET
BUYER may offset against any invoice from SELLER any costs incurred by the BUYER as a result of event
of default by SELLER under this Contract or otherwise resulting from SELLER'S performance or non-performance
under this Contract, including but not limited to any credits due as a result of over -billing by SELLER or
overpayments made by the BUYER. If the amount offset is insufficient to cover those costs, SELLER is liable for
and must promptly remit to the BUYER the balance upon written demand for it. This right to offset is in addition to
and not a limitation of any other remedies available to the BUYER.
2018-2019 Supply of Aggregate Products for BST Page 1 of 8 Purchase and Sale Agreement
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. RIGHT OF INSPECTION/REJECTION
BUYER shall have the right to inspect the goods on arrival, and within 30 calendar dans 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.
12. 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 3151 calendar day after the date of delivery of
the goods.
13. 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.
14. CURE OR DEFAULT NOTICE AND REMEDIES
The occurrence of any event of default permits the BUYER, at the BUYER'S sole option, to declare SELLER
in default.
The BUYER will give SELLER written notice of the default, either in the form of a cure notice ("Cure
Notice"), or, if no opportunity to cure will be granted, a default notice ("Default Notice").
2018-2019 Supply of Aggregate Products for BST Page 2 of 8 Purchase and Sale Agreement
If the BUYER issues a Default Notice, the BUYER will also indicate any present intent the BUYER may
have to terminate this Contract. The decision to terminate is final and effective upon giving the notice. If the BUYER
decides not to terminate, this decision will not preclude the BUYER from later deciding to terminate the Contract in
a later notice, which will be final and effective upon the giving of the notice or on such later date set forth in the
Default Notice. When a Default Notice with intent to terminate is given, Contractor must discontinue any
performance, unless otherwise directed in the notice.
After giving a Default Notice, the BUYER may invoke any or all of the following remedies:
A ........ The right to take over and complete the contract's performance, or any part of them, at SELLER'S
expense and as agent for SELLER, either directly or through others, and bill SELLER for the cost of
the performance, and SELLER must pay the difference between the total amount of this bill and the
amount the BUYER would have paid SELLER under the terms and conditions of this Contract for
the performance that was completed by the BUYER as agent for SELLER;
B ........ The right to terminate this Contract as to any or all of the performance yet to be completed effective
at a time specified by the BUYER;
C ........ The right to seek specific performance, an injunction or any other appropriate equitable remedy;
D ........ The right to seek money damages;
E ........ The right to withhold all or any part of SELLER'S compensation under this Contract; and
F ........ The right to deem SELLER non -responsible in future contracts to be awarded by the BUYER.
15. 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.
16. 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.
17. 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.
18. 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.
19. INSURANCE
Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance
from companies licensed in the State with a Best's rating of no less than A:VII. The Contractor shall provide to the
County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause
prior to the commencement of work to be performed.
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,
2018-2019 Supply of Aggregate Products for BST Page 3 of 8 Purchase and Sale Agreement
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:
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
2018-2019 Supply of Aggregate Products for BST Page 4 of 8 Purchase and Sale Agreement
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-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.
20. 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 Contract Provisions of the Jefferson County bid documents
3. The Bid Proposal of the contractor herein dated February 26, 2018.
21. 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.
2018-2019 Supply of Aggregate Products for BST Page 5 of 8 Purchase and Sale Agreement
IN WITNESS WHEREOF, the parties here -to have executed this Agreement to be effective on the date of
it's signing by the BUYER.
���c•, .S'�(eCrrcr- c���
SCa-_..Jr��
Name of Vendor / ' r
Vendor Representative (Please print)
(Signature)
�r S.
Title
Date
SEAL
ATTEST:
Clerk of the Board
JEFFERSON COUNTY
BOARD OF C MISSIONERS
David ulliv n, Chair
e
Kate Dan, ember
Kathleen Kier, Member
Approved as to form only.
Philip C. Hunsucker Date
Chief Civil Deputy Prosecutor
fop.. Monte einders, P.E. Date
Public Works Director/County Engineer
2018-2019 Supply of Aggregate Products for BST Page 6 of 8 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
�✓t /e J �4car�r r�S
Name and Title of Authorized Representative
Signature of Authorize Representative
❑ I am unable to certify to the above statement. An explanation is attached.
2018-2019 Supply of Aggregate Products for BST Page 7 of 8 Purchase and Sale Agreement
CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES
The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date
(February 5, 2018), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of
chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment
issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited
or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and
roe"�JGa90�N��i'IG-
Bidder's Business Name — l
��A;
Signature of Authorized Official*
Si"rcor"
'41/,.', W.
Printed Name
e,f
Title
,3--n--�c)/P Se Ila; le- ZItzo
Date City State
Check One:
Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ Corporation)Z
State of Incorporation, or if not a corporation, State where business entity was formed:
If a co -partnership, give firm name under which business is transacted:
* If a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
2018-2019 Supply of Aggregate Products for BST Page 8 of 8 Purchase and Sale Agreement
Department 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 Engineerck
Agenda Date: April 9, 2018
Subject: Execution of Purchase F± Sale Agreement for Supply of Aggregate
for the County Road BST Program in Calendar Years 2018 Et 2019.
Statement of Issue:
Execution of a two (2) year Purchase Et Sale Agreement with Allen Shearer
Trucking and Landscape Supply, Inc. of Belfair, WA for aggregate to be used in
the Public Works Road Operations' Annual BST Programs.
Analysis/Strategic Goals/Pro's Et Con's:
The Board awarded a bid to the above party on March 26, 2018 for supply of
crushed aggregate to be used in the County's Bituminous Surface Treatment
Programs in Calendar Years 2018 Et 2019. This Program is consistent with
County goats in that it provides for preservation of County roadway pavement
and infrastructure.
Fiscal Impact/Cost Benefit Analysis:
Purchase of this material is accounted for in the Road Operations Budgets for
2018 and 2019. The estimated value of this contract is $266,500.00 (plus
Washington State Sales Tax).
Recommendation:
Public Works recommends the Board to approve the Purchase Et Sale Agreement
with Allen Shearer Trucking and Landscape Supply, Inc. by signing the three (3)
Agreements (attached) where indicated, and returning two (2) signed Agreements
to Public Works for final processing.
Department Contact:
Date Seward, Project Manager 385-9353
Review By:
C,>
1' flip Morl y, istrator
lIlyl `Kl
Date
CONTRACT REVIEW FORM
CONTRACT WITH: TBVr"
CONTRACT FOR: Supply of BST Aggregate for 2018-2019 TERM:
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Chris/ PW Admin
in
Public Works
DALE SEWARD 1 A AI
(360) 385-9353
RETURN BY: 1/30/2018
(Da
31, 2019
AMOUNT: $ TBD N 60, Otb PROCESS: Exempt from Bid Process
Consultant Selection Process
Revenue: .31110.00 (Roads) Cooperative Purchase
Expenditure: .54200.31 (Roads) X Competitive Sealed Bid
Matching Funds Required: None Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
RFP or RFQ
Other
7Siepl-
REVIEW BY RISK MANAGEMENT ap
Review by: v
Date Reviewed:
Z2f.V_ 6$e-
2f
APPROVED FORM F_� Returned for revision (See Comments)
Comments AE!pro_cne-c.07 6 t --x �-v Gam«' '�®�' ��•��
Step 2: REVIEW BY PROSECUTI G TTORNEY
Review by:0, - C Phili C. Hunsucker
Date Reviewed Chief Civil Deputy Prosecutor
APPROVED AS TO FORM F_� Returned for revision (See Comments)
Comments
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.)
G:\PW_ROADS\2-BST CHIPSEAL\2016 & FOREWARD CHIPSEAL PROGRAM\BST AGGREGATE\BST Aggregate 2018-19\B-BOCC & Contract\2d-Agg
Contract Review Form 2018-19.docx rev. 12/10/2014