HomeMy WebLinkAboutAgate Asphalt, Amendment No. 3- 050619AMF.NnMF.NT
CONTRACT
By and Between
JEFFERSON COUNTY AND AGATE ASPHALT
Purpose: The purpose of this amendment is to expand the scope of services and increase the total
payment threshold.
Parties: This Agreement is between Jefferson County, herein referred to as "the County", and Agate
Asphalt Inc. hereinafter referred to as "the Contractor".
1. On October 22, 2018 the County entered into a contract with the Contractor to construct
Castle Hill Parking Lot Improvements.
2. This amendment increases the scope of work as identified in Exhibit "A" Change Orders
attached hereto.
3. Payment for the work provided by the Contractor shall be made as provided on Exhibit "A",
provided that the total amount of payment to the Consultant shall not exceed $170,000
without express written modification of the agreement signed by the County.
4. This Amendment shall be effective upon execution by both parties. Work performed
consistent with the Contract prior to execution of this Amendment is hereby ratified.
5. All other provisions of the Contract shall remain in effect.
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IN W ESS WHEREOF, the parties have caused this Amendment to be executed this day
of 12019.
CONTRACTOR
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Date
SEAL
ATTEST_
Clerk of the Board
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate
David
Ci
Brotherton, Member
Approved as to ficirm 0121y:
6 .c Z�� xj�611-9
Philip C. Hunsucker Date
Chief Civil Deputy Prosecutor
Exhibit "A"
Change Orders
1 �
ASPHALT
CHANGE ORDER: #01
JOB: CASTLE HILL
CUSTOMER:
DATE:
SCOPE OF WORK:
Jefferson County
10/10/18
- Demolish existing concrete Ramp.
- Remove 50' of 18" concrete curbing.
- Remove concrete wheel stops and set aside.
- Sawcut and excavate down to allow new installation of 6" Zurn drain with channel grates.
- Form and pour concrete around drain.
- North end of drain to daylight approximately 10' beyond end of lot.
- South end of drain will tie into existing pipe next to catch basin approximately 50' from end of
drain.
- Re -install wheel stops after paving.
Bid Form Item #4 - ORIGINAL PROPOSAL: $7,,986.00 + $718.74 = $8704.74
Total Cost for Above Scope of Work: $21,146.00
CHANGE ORDER: $12,441.26 (Includes Sales Tax
Original Contract Amount: $142,519.68
New Contract Amount: $154,960.94
AGATE SPHALT
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PRINTED /
DATE
CUSTOMER
PRINTED
DATE
PO BOX 1193, POULSBO, WA. 98370 (360) 930-8703 WWW.AGATEASPHALT.COM
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CHANGE ORDER: #02
JOB: CASTLE HILL
CUSTOMER: Jefferson County
DATE: 4/5/19
SCOPE OF WORK:
- Requested work on 4/13 &4/20 for parking reasons.
- Change order is for the following:
o Saturday April 131: $720.00 for crew and trucking hours.
o Saturday April 301h: $3332.00 for 7 man crew and 44 hrs of trucking.
Change Order #02:
$4416.68 (Includes Sales Tax)
Original Contract Amount:
$142,519.68
Change Order #1 & #2:
$16,857.94
New Contract Amount:
$159,377.62
1
DATE
CUSTOMER
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PRINTED
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DATE
PO BOX 1193, POULSBO, WA. 98370 (360) 930-8703 WWW.AGATEASPHALT.COM
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♦ ti A
CHANGE ORDER: #03
JOB: CASTLE HILL
CUSTOMER: Jefferson County
DATE: 4/5/19
SCOPE OF WORK:
- Disposal of 34 plastic wheel stops.
- Dump fees
- Installation of 33 Concrete Wheel stops
Change Order #03:
Original Contract Amount:
Change Order #1, #2 & #3:
New Contract Amount:
$4951.33 (Includes Sales Tax)
$142,519.68
$ 21,809.27
$164,329.00
PRINTF
DATE
CUSTOMER
PRINTED
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DATE
PO BOX 1193, POULSBO, WA. 98370 (360) 930-8703 WWW.AGATEASPHALT.COM
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
FROM: Mark McCauley, Centra rvices Director
DATE: May 6, 2019
RE: Contract Amendment — Agate Asphalt
STATEMENT OF ISSUE:
The Contract Amendment with Agate Asphalt increases the scope of work as identified in
Change Orders #1, #2 and #3 and increases the contract not to exceed amount from
$142,819.68 to $170,000. Change Order #1 was issued to eliminate a potential safety hazard
from the original curb wall design. Change Order #2 was issued to extend the work week to
include weekends for safety concerns as well as clientele/employee access. Finally, Change
Order #3 was issued due to the inability to reuse the original wheel stops.
ANALYSIS:
Entering into the Agreement will allow the County to pay for services required to complete the
Castle Hill parking lot pavement project.
FISCAL IMPACT:
The Change Orders will add $21,809.27 to the original contract amount which will be paid out
of the Construction & Renovation Fund.
RECOMMENDATION:
Approve and sign the Contract Amendment with Agate Asphalt.
REVIEWED BY:
ounty Ad n- trater--�-"
Date
CONTRACT REVIEW FORM
CONTRACT WITH: Aeate Asphalt
(Contractor)
CONTRACT FOR: Contract Amendment
COUNTY DEPARTMENT: Central Services
For More Information Contact: Tom Walker
Contact Phone: 360-531-1743
RETURN TO: Renee
AMOUNT:
Revenue:
Expenditure:
Matching Funds Required:
Source(s) of Matching Funds:
MU
RETURN BY: 4/29/2019
not to exceed $170,000 PROCESS:
Step 1: REVIEW BY RISK MANAG
Review by:
Date Reviewed:
MAPPROVED FORM r-1 Returned for revision (see comments)
Comments:
Step 2:
REVIEW BY PROSECUTING A
Review by:
Date Reviewed: T Z
EdAPPROVEDAS
TO FORM
Comments:
Y
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
X Small Works Roster
Vendor List Bid
RFP or RFQ
�l
Returned for revision (See comments)
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract and Agenda Request Form along with 6 copies of Contract and Review Form.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be submitted to BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this 02'691� of "h)beY 2018, between the COUNTY OF
JEFFERSON, acting through the Jefferson County Commissioners under and by virtue of Title 36, RCW, as amended and
Agate Asphalt hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the
parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor herein
will undertake and complete the following described work: Castle Hill Parking Lot Improvements for an amount up to but
not to exceed the total sum of One hundred forty two thousand, five hundred nineteen dollars and sixty eight cents
($142,519.68) including WSST in accordance with and as described in the attached Attachment A, Scope of
Work and Fee Schedule 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. Billing amounts shall be
for actual work performed and materials purchased and installed. All work shall be performed in accordance with
Washington State prevailing wage requirements.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever as
described in Attachment A, 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.
After execution of this Agreement, changes to the scope of work required hereunder may be accomplished and
memorialized by a change order, which shall be a written order to Contractor from the Project Manager on behalf of the
County. In no event will a change order or orders approved by the Project Manager under this Agreement add cumulatively
more than ten percent (10%) to the total compensation due to the Contractor pursuant to the original Agreement. Any
change order or change orders that would add cumulatively more than ten percent (10%) to the originally agreed-upon total
compensation due to the Contractor shall require a separate written amendment to the Agreement to be executed by the
County and the Contractor.
2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor
to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms
and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the
schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the condition provided for in
this contract. The County further agrees to employ the Contractor to perform any alterations in or additions to the work
provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached
specifications at the time and in the manner and upon the conditions provided for in this contract.
3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from
companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk
Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the
commencement of work to be performed.
The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or
material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt
requested, for all of the following stated insurance policies.
Revised 9/15/2017
If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to
the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may
pay the renewal premium and withhold such payments from the moneys due the Contractor.
All notices shall name the Contractor and identify the agreement by contract number or some other form of
identification necessary to inform the County of the particular contract affected.
A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for
the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance
with the laws of the State of Washington.
B. General Liability(1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an
aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless
otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope
of the protection provided and indicate on the certificate of insurance the following coverage:
1. Broad Form Property Damage with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form Contractual/Commercial Liability including completed operations (contractors only);
4. Premises - Operations Liability (M&C);
5. Independent Contractors and Subcontractors; and
6. Blanket Contractual Liability.
(I )Note: The County shall be named as an additional insured party under this policy.
C. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property
damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of
insurance the following coverage:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non -owned automobiles.
(2) Note: The County shall be named as an additional insured party under this policy.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of
the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured
retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of
the requirements stated herein.
Failure of The Contractor to take out and/or maintain any required insurance shall not relieve The Contractor from
any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
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.
Revised 9/15/2017
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 Fool" created pursuant to Ch.
48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant 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 Consultant 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 Consultant 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 Consultant's failure to comply with all provisions of this contract relating to insurance,
withhold payment or compensation that would otherwise be due to the Consultant.
5. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of
Washington and venue shall be in Jefferson County, WA.
The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and
shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims,
demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or
breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify
the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the
County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the
concurrent negligence of: (a) the Contractor's agents or employees; and, (b) the County, its officers, employees and
agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County
of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's negligence, or
the negligence of the Contractor's agents or employees.
Claims against the County shall include, but not be limited to assertions that the use and transfer of any software,
book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restraint of competition.
The Contractor specifically assumes potential liability for actions brought against the County by Contractor's
employees, including all other persons engaged in the performance of any work or service required of the Contractor
under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives
any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was
specifically entered into pursuant to provisions of R.C.W. 4.24.1 15 and was subject of mutual negotiation.
6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein
contained shall be construed to create a relationship of employer-employee or master -servant, and any and all employees of
the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this
Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said
employees shall be the sole obligation and responsibility of the Contractor.
7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written
consent of the County or its authorized representative. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
Revised 9/15/2017
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. For Contracts of $150,000 or less, the County and the
Contractor agree that in -lieu of the Bond; the County will withhold 10% of the Contract amount in accordance
with RCW 39.08.010.
IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the
Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson
the day and year first above written.
Executed by the Contractor G*b r 1 S 12018
Contractor
Agate Asphalt
By: C-14 u �6_ l a W1
(Please PJnt
(Signature)
Awe AESS305
State of Washington, Contractor Registration Number
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ATTEST
arolyn "laway
Deputy Clerk of the Board
COUNTY OF FFERSON
BOARD O M IONE
Davi ullivan, Chair
Kate Dean, Member
�t
Kathleen Kler, Member
Approved f�L ;
E-Ht>nsael£e.jtr •c Date
Jefferson County Prosecutor's Office
Revised 10/12/2018
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION
The Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(2) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State,
or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
(4) Have not within a 3 -year period preceding this contract had one or more public transactions (Federal, State, or local)
terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an
explanation.
Name ogontractor (Please print)
Name and Tim of Authorized Representative (Please print)
Signature of Authori2k Representative
F] I am unable to certify to the above statement. An explanation is attached.
Revised 9/15/2017
Castle Hill Parking Lot
Improvement Attachment "A"
Scope of Work/Fee Schedule
(1) Remove Sidewalk concrete extension and ADA Ramp at Public Works Building (Exhibit "A" and
Exhibit "D").
(2) Install new Curb 6"x 18"across full entry sidewalk at Public Works Building . Leave opening of
curb wall where existing ADA ramp enters sidewalk Curb Detail (Exhibits "C" and "D").
(3) Install new Zurn Linear Trench Drain Z884 or equal system across ADA entry between curb walls
at the Public Works building and drain through curb wall to daylight (Exhibit "D").
(4) Grind tree roots flat on both sides of islands "A" and "B" and one side of island "C" and Island
next to Public Works Building (Exhibit "A").
(5) Overlay with 2" asphalt over existing asphalt approx. 51,000 s.f. Raise asphalt at new curb to
match sidewalk at Public Works Building and slope overlay away from new curb see Exhibit `B"
(6) Regrade and verify compaction in rear dirt area and install 2" of asphalt approx. 9750 s.£
(Exhibit "A" and "B").
(7) Install 3 Speed Bumps (Exhibit "A"). Install diagonal speedbump to direct water flow towards
parking lot entry at 7th Street.
(8) Restripe approximately 3000 Lineal Ft. of 4" lines. Layout and restripe 8 ADA areas, layout new
lines similar to existing, coordinate with owner to verify layout (Exhibit B").
(9) Noise Limitations and Work Hours: Per the City of Port Townsend Municipal Code Chapter 9.09
(A) Monday through Friday 7:00 a.m. — 7:00 p.m.
(B) Saturdays 8:00 a.m. — 6:00 p.m.
(C) Castle Hill Parking area is occupied Monday — Friday, 7:OOa.m — 5:OOp.m
(10) All utility services, building systems, access and egress must be maintained, and the building
occupants and the public shall be protected for the duration of the project,
(A) Concrete demolition and curb construction will be permitted to construct during normal
weekday work hours. All work must be coordinated with owner daily to secure working areas.
(B) Upon request to the owner, the general parking area could be sectioned into 3 possible
weekday repaving project areas, leaving 2/3 of the general parking open for public parking during the
normal week day work hours of 7:00 a.m. — 5:00 p.m.
(C) Regrading and Compaction in the rear dirt parking area will be permitted during normal week
day work hours following Port Townsend Municipal Code Chapter 9:09 guidelines. All work must be
coordinated by owner daily for closer notifications to staff.
General
Any Permits required are to be furnished by contractor
L&I prevailing wage and Intent and Affidavit required. Prevailing wage rates URL lookup
(Attachment "B").
Questions should be directed to Tom Walker, Project Manager, by calling 360-531-1743
or email twalker@co.jefferson.wa.us