HomeMy WebLinkAboutHusky Marketing & Supply Co.- 050718aunc�:�i � 5-i ►�
PURCHASE AND SALE AGREEMENT
This AGREEMENT, made and entered into this =day of 7t- , 20L9 g ,between the
COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners Ed the Director of Public Works
under and by virtue of RCW Title 36 as amended, hereinafter referred to as BUYER, and Husky Marketing and
Supply Company of Seattle, WA, hereinafter referred to as SELLER.
WITNESSETH:
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
do agree as follows:
GENERAL PROVISION: This Agreement contains the entire Agreement and understanding concerning the
subject matter hereof between the parties and supersedes and replaces all prior negotiations, proposed agreements
and agreements, written or oral. Each of the parties hereto acknowledges that no other party hereto or any agent or
attorney of such party has made any promise, expressed or implied, not contained in this Agreement to induce it to
execute this Agreement. Each of the parties further acknowledges that it is not executing this Agreement in reliance
on any promise, representation or warranty not contained in this Agreement. This Agreement is to be construed as if
it were prepared and reviewed by both parties.
1. SALE OF GOODS
SELLER shall manufacture for BUYER the following described products:
Liquid Asphalt Products for use by the Jefferson County Department of Public Works Road Operations Division for
their bituminous surface treatment (BST) program in quantities and by dates indicated in the General Contract
Provisions documents. The Agreement is for supply of liquid asphalt products in calendar years 2018 through 2020.
2. CONSIDERATION
BUYER shall accept the goods and pay unit prices in accordance with the Proposal dated 2/9/2018, 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.
2018-20 Supply of Liquid Asphalt Products Pagel 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 days after delivery,
BUYER must give notice to SELLER of any claim for damages on account of condition, quality or grade of the
goods, and BUYER must specify the basis of the claim of BUYER in detail.
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 31 st 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").
2018-20 Supply of Liquid Asphalt Products 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,
2018-20 Supply of Liquid Asphalt Products 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
2018-20 Supply of Liquid Asphalt Products Page 4 of 8 Purchase and Sale Agreement
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-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 C un y bid documents
3. The Bid Proposal of the contractor herein dated Z
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.
2018-20 Supply of Liquid Asphalt Products 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
its signing by the BUYER.
Name of endor
Title
Date
SEAL ATTE Tx r
• a
.r � l�yy t. �. ✓
JEFFERSON COUNTY
BOARD OF TMISSIONERS
David . Sullivan, C air
Kate De n, Member
Kathleen Kler, Member
Approved as to form only.
. e-,11J42/11'6r
Philip C. hunsucker bdte
Chief Civil Deputy Prosecutor
Erin Lundgren, Clerk f the Board Monte Re
Public orks Director/County Engineer
2018-20 Supply of Liquid Asphalt Products 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
IeA
Name and title of Authori d Representa
i a ut orized Representative
I am unable to certify to the above statement. An explanation is attached.
2018-20 Supply of Liquid Asphalt Products 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 t l x.� ave ), 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 correct.
Bldderr s Busy ss Name__
'g
r uthorized Official*
Printed Nake
-A
Title
Date City State
Check One:
Sole Proprietorship ❑ Partnership ❑ Joint Venture ❑ CorporationX
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 anv other corporate officer accompanied by evidence of authority to sign). If a
co partnership, proposal must be executed by a partner.
2018-20 Supply of liquid Asphalt Products Page 8 of 8 Purchase and Sate 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 Engine ?!�
Agenda Date: May ay 7 , 2018
Subject: Execution of Purchase Et Sale Agreement for Supply of Liquid Asphalt
Products for Bituminous Surface Treatment Programs in Calendar Years
2018 through 2020.
Statement of Issue:
Execution of a Purchase Er Sale Agreement with Husky Marketing and Supply Co. of
Seattle, WA for Supply of Liquid Asphalt Products to be used in the Public Works Road
Operations' Annual Bituminous Surface Treatment (BST) Program.
Analysis/Strategic Goals/Pro's Et Con's:
The Board awarded a bid to the above party on February 26, 2018 for supply of liquid
asphalt products in calendar years 2018 through 2020. This program is consistent with
County goals in that it provides for preservation of County roadway pavement and
infrastructure.
Fiscal Impact/Cost Benefit Analysis:
Purchase of liquid asphalt products is accounted for in the Department of Public Works
Road Operations Budgets for calendar years 2018 through 2020. The estimated annual
value of this contract is $276,000.00.
Recommendation:
Public Works recommends the Board to approve the Purchase Et Sale Agreement with
Husky Marketing and Supply Co. by signing the three (3) Agreements (attached) where
indicated, and returning two (2) signed Agreements to Public Works for final processing.
Department Contact:
Dale Seward, Project Manager 360-385-9353
Reviewed By:
f'� Philip Morleviounty Administrator Date
CONTRACT REVIEW FORM
CONTRACT WITH: T D',Kv DoI
Contracto /Consultant
CONTRACT FOR: Supply of BST Asphalt Products for 2018 ERM:
through 2020
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Tina/Chris
in
AMOUNT: TBD
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Step 1:
APPROVED FORM
omments
Public Works
DALE SEWARD
(360) 385-9353
RETS BY: 1/29/2018
.31110.00 (Roads)
.54200.31 (Roads)
None
REVIEW BY
Review by:
Date Reviewed.
5V
December, 31, 2020
PROCESS: Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
X Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
I
Q Returned for revision (See Comments)
Step 2: REVIEW BY PR EC
Review by:
Date Reviewed:
C��r/ APPROVED AS TO FORM ❑ Ri
Comments
TTORNEY
Philip C. Hunsucker
Chief Civil Deputy Prosecutor
for revision (See 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-OIL\BST Oil 2018\B-BOCC & Contract\2018-2020\2-Contract Review
Form 2018-20 V2.docx rev. 12/10/2014
Proposal For COPY
Bidding Purposes
For:
Supply of Liquid Asphalt Products
For Bituminous Surface Treatment In Calendar Years
2018 Through 2020
Sealed bids will be received in the Office of the County Commissioners, basement level of the
Jefferson County Courthouse, 1820 Jefferson Street, P.O. Box 1220, Port Townsend,
Washington, 98368, until the date and time specified in the `Call for Bids'.
Supply of Liquid Asphalt Products 2018-2020
Jefferson County Department
of Public Works
Page 1 of 9
Bid Proposal
e J"q
SUBMIT THE
ENCLOSED PROPOSAL BOND
FORM WITH YOUR PROPOSAL
USE OF OTHER
FORMS MAY SUBJECT
Supply of Liquid Asphalt Products 2018-2020 Page 2 of 9 Bid Proposal
NON -COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the
United States that the following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have)
not, either directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free competitive
bidding in connection with the project for which this proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to
have signed and to have agreed to the provisions of this declaration.
NOTICE TO ALL BIDDERS
To report rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline" Monday
through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid
rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such
activities.
The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction
contract fraud and abuse and is operated under the direction of the USDOT Inspector General.
All information will be treated confidentially and caller anonymity will be respected.
Supply of Liquid Asphalt Products 2018-2020 Page 3 of 9 Bid Proposal
Supply of Liquid Asphalt Products for Bituminous Surface Treatment
a
w,
n Calendar Years 2018 Through 2020
BID PROPOSAL
Please read all pages of this `Bid Proposal Form', complete pages 4 through 8, and return this
original form to Public Works. To be accepted, bids must be (1) signed and submitted on these
original forms using ink or typed and supplying all of the information requested, and (2)
accompanied by a proposal guaranty payable to the Treasurer of Jefferson County in the sum of
five percent (5%) of the bid amount, to be forfeited to Jefferson County by the successful bidder
if he/she fails to enter into a contract within ten (10) calendar days of the award.
Deliver Bids to: County Commissioners, Jefferson County Courthouse;
Basement Level, 1820 Jefferson Street,
P.O. Box 1220, Port Townsend, WA 98368
Deadline is: 9:30 A.M. MONDAY, FEBRUARY 12, 2018
We the undersigned are offering to supply the following items in full accordance with bid specifications:
Vendor: �/c?se /°md
Plant Location: // �d7� �iN� C •` .
FOB Delivery Point:,?G�S�S O�tC�l�tc,�eN`,Ic% ,i�, / G' C, fir: ;7
PRICES BELOW ARE FOR DELIVERY OF PRODUCT TO EAST JEFFERSON COUNTY
Supply of Liquid Asphalt Products 2018-2020 Page 4 of 9 Bid Proposal
ESTIMATED 3 -YEAR
UNIT PRICE
ESTIMATED USAGE
ITEM
USAGE
US Dollars
MULTIPLIED BY UNIT
PRICE
CRS -2P
F.O.B. plant
1650 tons
$
� ,j3.cC erton
.--�
$
63� �.Sa .00
CSS -1 (50% Dilute)
F.O.B. plant
450 tons
$ _? R b0 per ton
$
7 Grp
Transportation to
Eastern Jefferson
County
2100 tons
$
. CCtper ton
$
IE -71 S�� CC
Demurrage rate after
300 truck hours
$
1 �=' . (5, 0
$
-- L G� � (�
unloadingperiod
per truck hr.
Transportation for
returned oil not
unloaded
150 tons
$
per ton
$
:3,-7S- c) . C
Restocking fee for
returned oil not
unloaded
150 tons
$
00per ton
$
TOTAL:
$
l 7"A / 7S 0C
Supply of Liquid Asphalt Products 2018-2020 Page 4 of 9 Bid Proposal
• Prices must be quoted in U.S. Dollars.
• Prices per ton must be quoted per U.S. Ton (2,000 lbs).
• Prices must not include Washington State sales tax or "use tax," but must include all other
applicable taxes, permit fees, environmental fees, and other fees.
1. Date County's Product will be in Storage at Plant /✓ �
2. Maximum Delivery Time after Firm Order
3. Number of Delivery Trucks Available Per Day
4. Name of Trucking Firm A Com°/C-
5. WSDOT Reference Cost Begin and End Periods 07/01/2017 to 07/15/2017
6. WSDOT Reference Cost
$345.00
SPECIFY THE TIME PERIOD(S) WHEN YOUR COMPANY OPERATES TO SUPPLY THESE
MATERIALS:
Seasonal Time Period Days of Week Hours of Day
IN� %
DESCRIBE INVENTORY AND STORAGE CAPACITY THAT WILL ALLOW YOUR FIRM TO
GUARANTEE DELIVERY OF ALL PRODUCT NEEDED BY JEFFERSON COUNTY
S�0,2gfG, .alt-��,em,n�� l 3cx-)2��,2S 4-t ,4)e.. -
`{lc)
The bidder must certify (at right) that this bid complies in all respects with
the attached bid documents, including the minimum specifications._ (Y/N)
If the bidder has indicated that the bid does not comply in all respects with the attached bid documents,
he/she is to list below, in detail, any and all deviations.
LIST DEVIATIONS:
ADDITIONAL PAGES INCLUDED: Sign and date any additional pages.
Supply of Liquid Asphalt Products 2018-2020 Page 5 of 9
-- (Y/N)
Bid Proposal I4 t%`h/CA
9P
LIST ADDITIONAL FEATURES: (NON -AWARD INFORMATION)
Cif"'o'D
ADDITIONAL PAGES INCLUDED: Sign and date any additional pages.
(Y/N)
NOTE:
The Board of County Commissioners reserves the right to reject any or all bids, portions or parts thereof,
and to waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the
bidders when considering award of a contract.
Submit bids in a sealed envelope, plainly marked on the outside with bidder's name and address, and the
words "BID: Supply of Liquid Asphalt Products" to the office of the County Commissioners, basement floor
of the Jefferson County Courthouse, 1820 Jefferson Street, P.O. Box 1220, Port Townsend, WA 98368.
It is the bidder's responsibility to deliver the bid to the proper address by the assigned time (See 'Deadline
is:' page 4 of 9 of this Bid Proposal Form). Jefferson County accepts no responsibility for misdirected or
lost bids. Bids mailed to the County Commissioners' P.O. Box that do not arrive at the Office of the County
Commissioners by the time specified in the 'Call for Bids' will be rejected.
Supply of Liquid Asphalt Products 2018-2020 Page 6 of 9 Bid Proposal
j
Proposal - Signature Page
The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged
all requirements and signed all certificates contained herein.
In accordance with wage payment statutes, the bidder hereby certifies that, within the three-year period
immediately preceding the bid solicitation date (--.2-42-_�2Lf f ), 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.
A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximated
estimate of quantities at the above prices and in the form as indicated below, is attached hereto:
Cash
❑ In the Amount of
Cashier's Check ❑ Dollars
Certified Check ❑ ($ ) Payable to Jefferson County in the Amount
Proposal Bond X of 5% of the Bid.
*Receipt is hereby acknowledged of addendum(s) no(s). &
Signature of
Proposal Must Be Signed
ial(s)
Please Print Name and Title)
Firm Name /7US%��/ sf alt %' %ice% /m/J . �� c,i ��'►�'�2%
Address 4 6,4 /y&',1=2c1
State of Washington Sales Tax ID
-OR-
Federal Tax I D (if out of State)
= URT
Note:
(1) This proposal is not transferable and any alteration of the firm's name entered hereon without prior
permission from the County Commissioners will be cause for considering the proposal irregular
and subsequent rejection of the bid.
(2) Should it be necessary to modify this proposal either in writing or by electronic means, please make
reference to the following proposal name in any/all communications:
Supply of Liquid Asphalt Products for Bituminous Surface Treatment
for Calendar Years 2018-2020
Supply of Liquid Asphalt Products 2018-2020 Page 7 of 9 Bid Proposal
Proposal Bond
BOND NO. 975013575-01
KNOW ALL MEN BY THESE PRESENTS, That we, HUSKY MARKETING AND
SUPPLY COMPANY, A DIVISION OF HUSKY OIL OPERATIONS LIMITED
of 16513 S.E 262nd Place, Covington, WA. 98042, U.S.A. as principal, and the
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA
a corporation duly organized under the laws of the state of CONNECTICUT
and authorized to do business in the State of Washington, as surety, are held and firmly bound unto the
County of Jefferson in the full sum of five (5) percent of the total amount of the bid proposal of said principal
for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs,
executors, administrators and assigns, and successors and assigns, firmly by these presents.
The condition of this bond is such, that whereas the principal herein is herewith submitting his or
its sealed proposal for the following Road Improvement, to wit:
Supply of Liquid Asphalt Products for Bituminous Surface Treatment
for Calendar Years 2018-2020
said bid and proposal, by reference thereto, being made a part hereof.
NOW, THEREFORE, If the said proposed bid by said principal be accepted, and the Contract be
awarded to said principal, and if said principal shall duly make and enter into and execute said Contract
and shall furnish bond as required by Jefferson County within a period of ten (10) days from and after
said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it
shall remain and be in full force and effect.
IN TESTIMONY WHEREOF, The principal and surety have caused these presents to be signed and
sealed this 5TH day of
FEBRUARY 2018.
HUSKY MARKETING AND SUPPLY COMPANY, A Dj7(/ISION
OF HUSKY OIL OPERATIONS LIMITED
(Pri
TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA
(Sur
Sonja Rivosec i, Attorney-in-fact
Supply of Liquid Asphalt Products 2018-2020 Page 8 of 9 Bid Proposal
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 230972 Certificate No. 006835405
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Lois Innes, and Sonja Rivosecchi
of the City of Calgary, Alberta , State of Canada , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 22nd
day of _ June _ 2016
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
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State of Connecticut
City of Hartford ss.
s �1
f c
By:
Robert L. Raney, Senior Vice President
On this the 22nd day of June 2016 before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
00.1�
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 202 1.
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY
Marie C. Tetreault, Notary Public
RED BORDER
Fgf,* P
b"
PURCHASE & SALE AGREEMENT
DOCUMENTS
WILL BE PROVIDED TO
THE SUCCESSFUL BIDDER
ONLY
Supply of Liquid Asphalt Products 2018-2020 Page 9 of 9 Bid Proposal