HomeMy WebLinkAboutMahan Log and Lumber, LLC - 082420CONTRACT
JEFFERSON COUNTY, WASHINGTON
4
THIS AGREEMENT, made and entered into this day of r �� , 20_, between
the COUNTY OF JEFFERSON and MAHAN LOG ND LUMBER, C of Quilcene, WA,
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement, the parties hereto covenant and agree as follows:
The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the
Contractor herein will undertake and complete the following described work:
Remove the house located at 161 Rodgers St., Quilcene from its foundation on APN #991200407 and
transport it across Rodgers Street and APN #702243019 intact and undamaged. Demolish and
properly dispose of the foundation, concrete steps, basketball court, old well cover and any other
remnants of improvements on APN #991200407. Decommission the on -site system and remove and
properly dispose of the tank. Protect soils and reseed, replant, protect and mulch disturbed areas of
APN #991200407 and APN #702243019.
Complete all work for the total sum of thirty-six thousand four -hundred and seventy-one dollars
($36,471) 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 with a start date upon signature or as soon as soil
conditions allow and with a completion date of October 15, 2020.
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.
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
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 1 of 15
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,
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.
(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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 2 of 15
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 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 defend, indemnify and hold the County, its officers, officials, employees, agents
and volunteers (and their marital communities) harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of
the Contractor in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the County, its officers, officials, employees, agents and volunteers (and their marital
communities) the Contractor's liability, including the duty and cost to defend, hereunder shall be only
to the extent of the Contractor's negligence.
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 the
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
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 3 of 15
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.
The provisions of this section shall survive the expiration or termination of this Agreement.
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.
8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting
that the Contractor deliver to the County an executed bond as security for the faithful performance of
this contract and for payment of all obligations of the Contractor.
9. The Contractor will declare a management option of the statutory retained percentage on Exhibit D.
10. It is the sole responsibility of Contractor to assign the appropriate classifications to all laborers,
workmen or mechanics performing any work pursuant to any Public Works Contract and for the
Contractor to ascertain and pay the applicable prevailing wage rates and fringe benefits for each such
classification as of the bid submittal deadline as well as any costs for Intents & Affidavits as required
by the Washington State Department of Labor & Industries except as specified in Section 15. Current
prevailing wage data shall be obtained by Contractor from the Industrial Statistician of the
Department of Labor and Industries, Prevailing Wage Office, P.O. Box 44540, Olympia, Washington
98504-4540, PH: (360) 902-5335 or (855) 545-8163 toll -free, or from their website at:
https:Hlni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ for Jefferson
County. The Contractor must post the Statement of Intent to Pay Prevailing Wages in a location
readily visible to workers at the job site.
INDEX OF EXHIBITS
Exhibit A:
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
Exhibit B:
Certification of Compliance with Wage Payment Statues
Exhibit C:
Contract Bond, Jefferson County, Washington
Exhibit D:
Contractor's Declaration of Option for Management of Statutory Retained
Percentage
Exhibit E:
Scope of Work
Exhibit F:
Asbestos Survey and Lab Results
Exhibit G:
On -site System Information
Exhibit H:
Unanticipated Discovery Plan
Construction Contract Contract G Version I Risk Legal Review Date 06/17/2020 Page 4 of 15
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
Contractor:
Mahan Log and Lumber, LLC
By: Paul Mahan, Owner
(Signature)
20
State of Washington, Contractor Registration #MAHANLL833CF
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
/—I--
KatebeaW, District 1
David Sullivan, Districf 2
R]
Attested:
i �
Carolyn Galloway
Deputy Clerk of the Board
Approved as to form only:
ker Date
vil De u Prosecutor
'i'r vk-K�Af
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 5 of 15
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.
Name of Contractor (P ease print)
11
12
SOL
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 06/17/2020 Page 6 of 15
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 , 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.
Bidder's Business N
Signature of Authorized Official*
?",_4 clu � k-l-la
Printed Name
Title
Date City State
Check One:
Sole Proprietorship ❑ Partnership 0 Joint Venture Corporation
State of Incorporation, or if not a corporation, State where business entity was formed:
(ly e
If a co -
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 I Risk Legal Review Date 06/17/2020 Page 7 of 15
EXHIBIT D
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
', 0 ,5-- 2-C2a
Signed
B. I 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
said funds.
as the repository for the escrow of
I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of
placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not
be liable in any way for any costs or fees in connection therewith.
Date
Signed
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 06/17/2020 Page 10 of 15
�&gson
Public Health
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
Consent Agenda
August 10, 2020
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: August 24, 2020
SUBJECT: Agenda Item — Project Agreement with Mahan Log and Lumber LLC; Upon
Signature — October 15, 2020; $36,471
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Project Agreement with Mahan Log and Lumber LLC; Upon
Signature — October 15, 2020; $36,471
ANALYSIS/STRATEGIC GOALS/PRO'S and CONS:
In partial implementation of the previously approved Big Quilcene River Floodplain Key Pieces Project (RCO
#15-1189), Mahan Log and Lumber LLC is retained by the County to remove the house located at 161 Rodgers
St., Quilcene from its foundation on APN #991200407 and to transport it across Rodgers Street and APN
#702243019 intact and undamaged.
The Treasurer's Office held a public auction of the house on July 9, 2018 with a $500 minimum bid. No bids
were received. Due to the grant requirement to remove this historic house for salmon habitat restoration
purposes, the widely shared desire not to demolish it, and the inherent complexity of lifting, transporting and
re-establishing it in an eligible ready location, this agreement is proposed as sole source consistent with JCC
3.55.170.
Mahan Log and Lumber will demolish and properly dispose of the foundation, concrete steps, basketball court,
old well cover and any other remnants of improvements on APN #991200407. The Contractor will also
decommission the on -site system and remove and properly dispose of the tank as well as protect soils and
reseed, replant, protect and mulch disturbed areas of APN #991200407 and APN #702243019.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for the Project Agreement is provided by RCO #15-1189, Big Quilcene River Floodplain Key Pieces,
with matching funds from the Public Works Big Quilcene Floodplain Account. The cost to perform this work was
established through independent estimate by Diggin' It!
Cornmunity Health Environmental Public Neaith
De-veioprnent;ai Disabilities 360-385-9444
360 385-940A tr 36C, 3.79
6.i 385 94'; Always working for a safer and healthier community
RECOMMENDATION:
JCPH Management recommends BOCC signature of the Project Agreement with Mahan Log and Lumber LLC;
Upon Signature — October 15, 2020; $36,471
REVIEWE BY:
Morley, dunAdministrator
- � r/,) &- S, '�" 4 5 7 �7-
Date
Community Health
Deveiopmental Disabilities
360 38; 9406
360 38 -9d0; t,
Always working for a safer and healthier community
Environmental Public Health
360-38 -9444
"; 360-379 44�'
(Of son
Public Health
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
TO: Tami Pokorny, Natural Resources Program Coordinator
FROM: FILE
DATE: August 21, 2020
RE: Sole Source Justification for Mahan Log & Lumber, LLC to remove house from 161
Rodgers St.
Pursuant to RCO 32.04.280 and County Code JCC 3.55.170, this contract qualifies for a sole source
procurement process. Paul Mahan of Mahan Log and Lumber, LLC has been working with Tami Pokorny
in Public Health since early 2020 to develop a project to save the house located at 161 Rodgers Street in
Quilcene from demolition. This historic home, built in 1920, must be relocated outside of FEMA-
designated flood zones as part of the Big Quilcene River Floodplain Key Pieces project, RCO #15-1189.
Mr. Mahan has developed a plan and brought in partners to lift and move the house, identified landowners
who are ready and willing to accept the house despite its flaws and the costs involved, and facilitated the
necessary partnerships to enable the house to be transited cross-country 0.25 miles to a new location.
Mahan Log and Lumber, LLC is clearly and justifiably the only practical source to save the house for the
following reasons:
• Mahan Log and Lumber is an experienced general contractor that has relocated two homes within
the past year.
• Mahan Log and Lumber, LLC is willing to accomplish the removal, and associated on -site
decommissioning and clean up, at the same cost as demolition.
• Paul Mahan is a long-time Quilcene resident who understands the community's desire to avoid
demolition and to ensure that the house serves another Quilcene family long into the future.
• Paul has worked directly with Jefferson County departments to vet this project and its
complexities. He is highly recommended by the Hood Canal Salmon Enhancement Group, which
originally suggested that Tami contact Paul.
• Paul considered the limitations on transport of the house imposed by costs and transmission line
locations, reached out to community members nearby, and fielded questions. He worked to
inventory concerns and potential solutions at the receiving location and has communicated with
the PUD and partners over several months.
• Paul's knowledge of the diverse elements of the project is exceptional.
• Paul's approach and responsiveness throughout the process have been exemplary.
• Paul is willing to work within the grant and weather timelines.
• Paul is has demonstrated persistence and dedication to the project and has successfully worked
through many issues.
Given the above items, Mahan Log and Lumber, LLC has demonstrated knowledge and capacity to
develop partnerships and implement actions to allow this complex relocation project to proceed. Mahan
Log and Lumber, LLC and Paul Mahan is the most appropriate contractor to effectively implement the
long hoped -for outcome for this historic Quilcene home.
�Z
s a er Revi Date
Community Health Environmental Public Health
Developmental Disabilities Water Quality
360 385-9400 360-385-9444
36� "� 9 1,1 !t! Always working for a safer and healthier community � �� 3'9-448?
C,�e(j�l�son
Public Heal;
CONTRACT REVIEW FORM
CONTRACT WITH: Mahan Log and Lumber, LLC TRACKING NO.: c t7
(Contractor/Consultant)
CONTRACT FOR: House Removal TERM: ljp6 'Anatuie - Oirt 15� A20
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Karen Abbott
(Person in Department)
AMOUNT: $36,471
Jefferson County Public Health
Tami Pokomey AUG 19 7n7n
x498
RETURN BY: ASAP i
from Bid Process
❑ Consultant Selection Process
Revenue ❑ Cooperative Purchase
Expenditure $36,471 ❑ Competitive Sealed Bid
Matching funds Required ❑ Small Works Roster
Source(s) of Matching Funds ❑ Vendor List Bid
❑ RFP or RFQ
Other -AMU !S�-G !�
Step 1: REVIEW BY A
Review b
Date Revi wed:
APPROVED FORM ❑ Returned for revision (See Comments)
Comments � r�<< `tx.�..�,��-�`� �.G 1,#W
1->mw . '. is�c.
Step I REVIEW BY P�
Review by:
Date Reviewed:
APPROVED AS TO FORM ❑
Comments
�TTORNEY n W4k-m r
r
Clft+Eivil Deputy Prosecuting Attorney
for revision (See Comments)
CtPn I• (TfremiirrAl DF.PARTMFNT MAKER RF.VISIONC & RF.SI1RMiTS TO RICK
PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s)
(with the originals) to the 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 to stay with contract throughout the contract review process.)