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HomeMy WebLinkAbout120919_ca15 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 Agenda Date: December 9, 2019 Subject: Construction Contract with Seton Construction Inc. Upper Hoh Road MP 8.0 Emergency Repair, County Project No. 18020381 Statement of Issue: Execution of a construction contract with Seton Construction Inc. for an emergency repair at Upper Hoh Road mile post 8.0. Analysis/Strategic Goals/Pro's Et Con's: Ongoing bank erosion at Upper Hoh Road milepost 8.0 throughout the winter of 2018-2019 resulted in a 50 ft. long scour hole immediately adjacent to the roadway. Subsequent to the washout, Public Works reduced the road to one lane and monitored the situation closely while attempting to obtain an Army Corps permit for repair, which was not forthcoming. In May, Public Works widened the road and installed temporary barrier to reestablish two lanes and accommodate the higher summer traffic volumes. In October, a high flow event in the Hoh River expanded the scour hole to 70 ft. long and washed out part of the eastbound lane, which again reduced the road to one lane. An emergency declaration was issued on October 25, 2019 and permits were obtained to proceed with the emergency repairs. Quotes were obtained from three contractors and Seton Construction was selected to perform the work based on price and availability. Fiscal Impact/Cost Benefit t Anal sis: The maximum amount payable under this contract is $65,000. This project will be funded by the Road fund. Recommendation: Public Works recommends that the Board execute all three originals of the contract with Seton Construction and return two (2) originals to Public Works for further processing. Department Contact: Mark Thurston P.E., Project Manager, 385-9160 Revi : : .� / 7d73/K a'1TMorley, Cou ty Administrator 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, R.C.W,as amended and Seton Construction of Port Townsend, 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: 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: Haul and place rip rap and other work at the Upper Hoh Road MP 8.0 road washout site as directed by the County Engineer and his designee(s) in accordance with the terms and conditions of this Agreement including Exhibit F, Rates, and Exhibit G, Provisions,attached hereto for the total sum not to exceed Sixty five thousand dollars ($65,000.00) 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: Work to proceed immediately following verbal authorization by the County Engineer and to be pursued at the direction of the County Engineer and his designee(s)until work is complete or otherwise terminated by the County. 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 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. Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page I of 9 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 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(I) -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: I. 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. (1)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 Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 2 of 9 ' 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-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 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 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. 4.24.115 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 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. Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 3 of 9 ' 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. For contracts of$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract Bond; the County will withhold 10%of the Contract amount in accordance with R.C.W 39.08.010. If applicable,the Contractor will indicate this option on Exhibit D. 9. The Contractor will declare a management option of the statutory retained percentage on Exhibit E. Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived INDEX OF EXHIBITS nExhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion 0 Exhibit B: Certification of Compliance with Wage Payment Statues Exhibit C: Contract Bond,Jefferson County, Washington X Exhibit D: Contractor's Declaration of Option for Contracts for Less Than$150,000 X Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Construction Contract, Contract G, Version I, Risk Legal Review Date xx/xx/xxxx(TBD) Page 4 of 9 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 n' p,-' 20 11 Contractor: 5 1.) CoNS i 1Z VG'I1 O kJ C (Please print) By: k LUc6- a .&TDtiIJ - (Please print) star---oe , (Signature) SET-DK; Cl. I b S 0 A- State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate Dean, District 1 David Sullivan, District 2 Greg Brotherton, District 3 Approved as to form only: e. Philip C. Hunsucker Date Chief Civil De.. •rosscutor • 3./qZ Mont :-rs, P.E. Date Public v. : !' or/County Engineer Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 5 of 9 EXHIBIT A 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. ec)t`% SZtxT otJ }�' e . Name of Contractor(Please print) Name and Title of Authorized Representative(Please print) Signature of Authorize Representative I am unable to certify to the above statement. An explanation is attached. Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 6 of 9 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. The undersigned bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date (12/17/18), the bidder is not a "willful" violator, as defined in RCW 49.48.082, or any of the provisions 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. SETDti c4=4,DSTP C:n o,J,- —i e . Bidder's Business Name 4.42a4 Signature of Authorized 0 cial* gC-1)cE Printed Name Title Date City State Check One: Sole Proprietorship ri Partnership n Joint Ventures Corporationgt 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. Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 7 of 9 EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN$150,000 A. A Contract Bond will be provided as required. Date Signed B. In lieu of providing a Contract Bond,the County will withhold 10%of the Contract amount. Date 1 a-/o _l a(j)9 Signed Le-t-' 4iA I Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 8 of 9 EXHIBIT E 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 )a 0,:;43-6) Signed% l/- B. [ hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subject 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 time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. [ 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 D. I hereby elect to provide a Retainage Bond in accordance with R.C.W 60.28.011. Date Signed Construction Contract, Contract G, Version 1, Risk Legal Review Date xx/xx/xxxx(TBD) Page 9 of 9 a Exhibit F Rates APPLICABLE WASHINGTON STATE SALES TAX IS INDLUDED IN THE BID ITEM PRICE. 1 i Item Estimated ' No. Item Description Quantity _Unit Price per Unit Total Amount Mobilization 1 L.S. $11,980.00 $11,980.00 Min. 20 Metric Ton Excavator 30 HR $211.00 $6,330.00 Min. 20 Metric Ton Excavator (O.T.) 5 HR $249.54 $1,247.70 Armor Rock (3-4 Man) Incl. Haul 600 TON $27.00 $16,200.00 Heavy Loose Riprap Incl. Haul 500 TON $25.00 $12,500.00 Light Loose Riprap Incl. Haul 100 TON $20.00 $2,000.00 Quarry Spalls Incl. Haul 100 TON $20.00 $2,000.00 Select Borrow Incl. Haul 350 TON $20.00 $7,000.00 General Labor 10 HR $74.87 $748.70 General Labor(O.T.) 5 HR $101.76 $508.80 Traffic Control Signs 1 L.S. $100.00 $100.00 Traffic Control Supervisor 30 HR $68.07 $2,042.10 Traffic Control Supervisor(O.T.) 4 HR $100.99_ $403.96 Flagger 30 HR $63.79 $1,913.70 Flagger(O.T.) 4,HR $94.60 $378.40 Estimated Total $64,974.96 Exhibit G Provisions 1. The Contractor shall supply and place riprap at MP 8.0 on the Upper Hoh Road. Length of project is approximately 70 feet. Three to four-man rock shall be placed at toe of structure mixing with heavy loose on road side. Smaller material (light loose)will be used in upper 8 feet. Estimated height of structure is 20 feet. The Contractor shall perform work under the direction of the County Engineer's designated Engineer. Payment for the work will be in accordance with the items listed on Exhibit F, Rates. There is no guarantee that the County will proceed with the work, and no minimum amount of work is guaranteed. 2. Mobilization includes transporting to/from the site a 30 Metric Ton Excavator(minimum excavator size) and other necessary equipment including but not limited to trucks and traffic control items. It shall also include all costs to load/offload equipment at the home office yard or rental yard. If other equipment is later deemed necessary by the Engineer, mobilization will be paid at hourly rates established with the Engineer prior to the move. 3. Rates for equipment will be paid only when the equipment is operated or when an operator is on site ready to operate the equipment. No payment will be made for equipment parked at the site. When an operator is responsible for operating more than one piece of equipment,the equipment time will be split to reflect the actual time operated,and the cumulative equipment time shall not exceed the operator's time on site for the day. 4. All equipment provided shall be in good working condition. No compensation will be provided for maintenance or equipment before, during, or after projects. Payment will cease immediately for any equipment that is broken down and for any equipment that is idled as a result of a breakdown. 5. All products are quoted F.O.B. at the site located on Upper Hoh Road at Milepost 8.0 and shall be hauled in "on-road"highway legal trucks/trailers. Truck time will not be tracked. 6. If products are required that do not have prices quoted,a price will be established with the Engineer prior to use. 7. Applicable sales and use tax are included in unit prices. By virtue of WAC 458-20-171, retail sales tax does not apply to charges made in the repair of county roads. On such projects,the Contractor shall pay sales/use tax on materials and supplies used or consumed in the performance of the work. 8. Hourly equipment rates shall include operators,fuel, maintenance,and all costs incidental to furnishing and operating the equipment including overhead, profit, insurance, B&O tax, etc. 9. Contractor may work up to 10 hour days(40 hour week)Monday through Friday. If overtime is ordered by the Engineer, rates will be negotiated. 10. All wage rates shall meet the minimum prevailing base and fringe rates for Washington State obtained at http://www.lni.wa.gov/TradesLicensing/Prev Wage/WageRates/default.asp 11. Prior to contract execution,the Contractor shall secure a performance bond for the work. The County will reimburse the Contractor for the cost of the performance bond. 12. Rock products may be locally sourced without meeting WSDOT degradation and LA Wear specifications. Rock shall be sound,reasonably free of defects, shall not break apart during loading, unloading,or placement and will be visually accepted. Unsound rock will be rejected by the Engineer. Rock products shall meet all other requirements of the 2018 WSDOT Standard Specification section 9-13 except as noted above. 13. If scales are not available at the quarry,weight data from previous projects may be used if applicable to the trucks used on this project. Otherwise, plan to run each truck with a representative load over another scale at least once during the project. 14. All work shall be completed in compliance with permits and authorizations obtained by Jefferson County from the U.S. Army Corps of Engineers and the Washington State Dept. of Fish and Wildlife.