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HomeMy WebLinkAboutMC Excavating, LLC - 060721 Y CONTRACT JEFFERSON COUNTY,WASHINGTON rjj THIS AGREEMENT,made and entered into this 7 day of J £(Y ,20 21 ,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 MC Excavating, LLC of Kent, 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: 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: Install fencing and gates as shown in the plans and specifications at Jefferson County's Wastewater Treatment Facility property(Lopeman parcel). for the total sum of twenty-four thousand six hundred and ninety and 81/100+WSST(see attached pricing proposal) dollars($ 24,690.81 )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: Start Date: May 8th or shortly thereafter per Notice to Proceed and a completion date of 8 working days. 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. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 1 of 10 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. 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. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 2 of 10 Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement,nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies),it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies)for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. It is agreed by the parties that judgments for which the County may be liable,in excess of insured amounts provided herein,or any portion thereof,may be withheld from payment due,or to become due,to the Contractor 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. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 3 of 10 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 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. 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. 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, if applicable. I1Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived INDEX OF EXHIBITS Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility,and Voluntary Exclusion n I 1 Exhibit B: Certification of Compliance with Wage Payment Statues I I Exhibit C: Contract Bond,Jefferson County, Washington 17 Exhibit D: Contractor's Declaration of Option for Contracts for Less Than$150,000 I I Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 4 of 10 IN WITNESS WI ILREOF. the Contractor has executed this instrument on the day and ymir first below wrinen,and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County ofiefTerson the day and year first above written. Executed by the Contractor ._.,41127 _16 , 20 2/ Contractor MC Excavating, LLC- (Please print) (Please prints _ .....,0%.4.--.-- tSiznanire) _/11C—Fxc Et_&Witt State of Washington,Contractor Registration Number COUNTY OF JEFFERS()\ BOARD OF COMMISSIONERS lc e Dean. District I ' Ast t ---C--------.1 _ Heidi El;.nhour, District 2 A 1 1 iirik‘111111111W --- _,,,,..0.........--.... litiretton, District .:, Approved as to form only: ..--s..—d.-1-;---- .,- 4/16/2021 Philip C. Hunsucker Date Chief Civil D . 1 Two- ._41101 dllirr -rs-.—P.F:-„- Public Works DirectorCountv Engineer r I _., EXHIBIT .A CERTIFICATION REGARDING DEBARMENT, SUSPENSION. INELIGIBILITY. AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its know ledge and belief, that it and its principals (I) Ire not presently debarred.suspended.proposed for debarment,declared ineligible, or voluntarily i:xciuded from covered transactions by any Federal department or agency; (2) !bye not N%ithin 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, (31 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 (21 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 exolarution \,-IC Excavating, LLC Name of Contractor(Please pthrt) Xertt A1C-6.411.,Name and and Title of AutAorized Representative(Please prinh Signature of Authorize Representative I am unable to certify to the above statement. An explanation is attached. ! r3e t 1,"crsl,Ki I I lzal ROAM'Date OI 7,'202-0 Page h pt EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws oldie State of Washington that the tbregoing is true and coffee: the undersigned bidder hereby certifies that, within the three-year period immediately preceding the hid solicitation date I"- 2oZ/ 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. MC Excavating, LLC Bidder's Business Name z'Veadk.e. Signature of Authorized Official* Deng- At c-art47 Printed Name Title V-.2.0 2/ Date City State Check One: Sole Proprietorship El Partnership': Joint Venture!: Corporationa State of Incorporation. or if not a corporation. State where business entity was formed' W4467.rie.ft=in- . If a co-partership,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 authoritv to sign), It a co- partnership, proposal must he executed by a partner, Construction Contract Contract(i Version I Risk I ctgal Review Date OW1712020 Pagc 7 of 10 FENCING —JEFFERSON COUNTY, LOPEIVIAN PARCEL Proposal Form Quotes Due Thursday,April 1,2021 by 5 p.m. (Fax,mail,email,or hand deliver) Complete and return all 3 pages to: Monte Reinder\ Publ,t, Work\Da e‘to Jefferson Count' Dept tment ot PUbh,kkork\ 623 Sheridan street Port Townsend,WA 9.810$ Contact Phone:(360)385-9160 Fax:(360)385-9234 EmaiI IT IS THE BIDDER'S SOLE RESPONSIBILITY TO ENSURE AND CONFIRM THAT BIDS ARE RECEIVED BY THE t CILIN1N A' OR BEFORE THE STATED TIME, NO CLAIMS ACCEPTED FOR BIDS SENT BUT NO L RECEIVED. NOTE:UNIT PRICES FOR ALL ITEMS,AIL EXTENSIONS.AND TOTAL AMOUNT OF QUOTE,SHALL BE SHOWN IN THE TABLE BELOW.SHOW UNIT PRICE IN FIGURES ONLY(NOT WORDS),ALL ENTRIES MUST BC TYPED OR ENTERED A INK,A BID BOND IS NOT REQUIRED Item , Item Description Quantity ' Unit Price per Unit Total Amour,: No I Estimate i Dollars Dollar\ , 1 1 Farm Fencing 1,500 1 F S /3 •Ys S . _ A 2 I Gate I 2 I Each $ it ill .CI: i S 3 Removal of Existing Fence 75 LA 1 IS .01 S i IP'75 4 Incidental Brush Removal ' 2 HR $ ...,..., 5 Sales Tax i S 1 )Y4 •8f,s. Quote Total: Earliest Date Work Can Begin: _.0.4,14y 8."" 1:014 Number of Days to Complete 8 , Name of Authorized 0110.40(Please Print) Ott** /Ace:44'44 ., ,,.. Stpature of Authorized Official' IIIII:44.0440. 1:01:410.41.1*ir lam NAttIO A4C NtiloVittA%A, LI C f am Address. Po Bolt 4?1 4‘ L.44. i .,44 State of Wakhowtort Contra(tor's lii ellW NO irge,EX.L.Et. alet*,ea.4 Par,(11 of 1 , FENCING —JEFFERSON COUNTY, LOPEMAN PARCEL Contract Special Provisions 1) This is a quote to install farm fencing in the locations shown on the pians. 2) Work site is located at a County-owned property immediately east of the private residence at 170 Lopeman Road, Port Hadlock Washington in Jefferson County. 3) This is a Prevailing Wage contract.All wage rates shall meet the current minimum prevailing base and fringe rates for Washington State obtained at: http;//www lni.wa gov/TradcsLicensing/PrevWage/WageRates/default.asp 4) A Bid Bond is not required. 5) For contracts less than $50,000, performance bonds and retainage are not required. For contracts greater than$50,000 and less than$150,000,at the option of the Contractor as defined in RCW 39.10.210,the count may,in lieu of the contract performance bond,retain 10%of the contract amount for a period of 30 days after date of the final acceptance, or until receipt of all necessary releases from the Department of Revenue, the Employment Security Division, and the Department of Labor and Industries and settlement of any liens filed under chapter 60.28 RCW,whichever is later. 6) Proof of insurance meeting the Agency's requirements will be required prior to Contract execution.A copy of the Agency's Standard Construction Contract including the insurance requirements is available upon request. 7) The County will ensure that fence lines are substantially free of obstructions and brush prior to work. A bid item is included for incidental brush removal by the Bidder. Bid Item is by the Crew Hour. Any brush or limbs removed may be left on site for later disposal by the County. 8) Farm Fencing will be quoted by the Linear Foot and includes all labor, materials, and equipment needed to install the fence,anchors,and braces as shown in the Plans. Removal of existing barbed wire fencing and posts is quoted by the Linear Foot. Gates are quoted per Each. 9) Timing: Contractor shall indicate on the Proposal Form the earliest date when work could begin and the estimated duration (in working days) to complete the work. The County desires to begin work as soon as possible and estimates that a contract would be in place allowing work to begin approximately 3 weeks after bids are submitted. 10) All prices quoted in the proposal shall be full compensation for that item. The sum of all bid items shall be full compensation for completing all work required in the Plans and these Provisions. Page 2 of 3 FENCING —JEFFERSON COUNTY, LOPEMAN PARCEL Contractor Certification Wage Law Compliance - Responsibility Criteria Washington State Contracts Public Works FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Call for Bids. Bidder Name: Al C Excavcri;r9 I L c Name of Contractor/Bidder-Print full legal entity name of firm By: — G,...•t Defer.. McCac`-II4y Signature of authorized person Print Name of person making certifications for firm Title: PreZijo4 /©"-neX- Place: Ke-Av4- was h:• tsr. Title of person signing certificate Print city and state where signed Date: "- r - 2472( Pape 3 of 3 Department of Public Works 0 Consent Agenda Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer 4(//- Agenda Date: June 7, 2021 Subject: Execution of Contract - MC Excavating, LLC Fencing Project - Wastewater Facility Property Statement of Issue: Execution of Contract with MC Excavating for installation of farm fencing at the Port Hadlock Wastewater Facility property. Analysis/Strategic Goals/Pro's Et Con's: It is necessary to fence property lines and install gates to define access to property purchased for the Port Hadlock Wastewater Facility. Fiscal Impact/Cost Benefit Analysis: $24,690 + WSST. Recommendation: Public Works recommends that the Board execute three (3) originals of the Contract and return two (2) originals to Public Works for further processing. Department Contact: Monte Reinders, ext. 242 Reviewed By: 4,/,, 2 ‘e/S72../ Mark McCaul County Administrate Dat 11 l E/V Apr, CONTRACT R ','@ ! �n F�,e IE . erson CONTRACT WITH:��� (\C LLC Ce" -'1 CKING NO.: KV ku o2f—(/cL7 (Contr ctor/Cons nt) °rks CONTRACT FOR: Fencing- Port Hadlock WW Facility TERM: 3 months COUNTY DEPARTMENT: Public Works REC'y ee For More Information Contact: Monte Reinders BAR 9 Contact Phone #: ext. 242 202i RETURN TO: Chris Spall RETURN BY: Apn�+ SON COUNTY Department)(Person in M MISWONERS AMOUNT: $37,000 PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process Revenue ❑ Cooperative Purchase Expenditure ❑ Competitive Sealed Bid Matching funds Required 0 Small Works Roster Source(s)of Matching Funds ❑ Vendor List Bid ❑ RFP or RFQ ❑ Other Step 1: REVIEW B'Y, I Mr- 'eyv b ����� Da a Reviewe : PPROVED FORM ❑ Returned for revision(See Comments) Comments Step 2: REVIEW BY PROSE ING ATTORNEY Review by: C r Philip C. Hunsucker Date Reviewed: ( Z4v' I Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM Returned for revision(See Comments) Comments Step 3: (If required)DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND 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.)