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HomeMy WebLinkAbout062821_ca07r Department of Public Works 0 Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, Interim County Administrator From: Monte Reinders, Public Works Director/County Engineer,,/ Agenda Date: June 28, 2021 Subject: Agreement between Jefferson County and Interwest Construction Inc. for Temporary Use of Tower Creek Pit, Upper Hoh Road MP 7.5 Statement of Issue: Agreement between Jefferson County and Interwest Construction Inc. (ICI) to allow for temporary use of the Tower Creek pit by ICI for equipment staging and material storage. Analysis/Strategic Goals/Pro's Et Con's: ICI, under contract with the Western Federal Lands Highway Division, will be constructing new bridges at Canyon Creek and Tower Creek on Upper Hoh Road, and constructing engineered log jams in the vicinity of Tower Creek and Upper Hoh Road MP 4.0 between May 2021 and October 2023. Given that there are limited areas for equipment staging and material storage on Upper Hoh Road, Jefferson County will allow ICI to use the Tower Creek pit on a temporary basis for these purposes. Jefferson County also uses the pit for these purposes and will continue to do so throughout the project. This will require ongoing coordination between the County and ICI. The purpose of this agreement is to allow use of the pit by ICI and establish the responsibilities of both parties. Fiscal Impact/Cost Benefit Analysis: The County is not requesting any payment from ICI for use of the Tower Creek pit. Recommendation: Please sign the three (3) original agreements. Please return two to Public Works and retain one for your records. Department Contact: Mark Thurston, P.E., Project Manager, 385-9160. Reviewed By: 6/00/ Mark McCauley terim County Adm'ni rator Date AGREEMENT BETWEEN JEFFERSON COUNTY AND INTERWEST CONSTRUCTION INC. Temporary Use of Tower Creek Pit, (located at Upper Hoh Road MP 7.5) This Agreement is made and entered into by and between Jefferson County, through the Department of Public Works, 623 Sheridan St., Port Townsend, Washington 98368, hereinafter referred to as "County" and Interwest Construction Inc., 609 North Hill Boulevard, Burlington, WA 98233, hereinafter referred to as "ICI". WHEREAS, the County owns the Tower Creek pit located at Upper Hoh Road MP 7.5 and utilizes it for staging of equipment and storage of materials on an ongoing basis, and, WHEREAS, ICI has a contract with Western Federal Lands Highway Division to construct new bridges at Canyon Creek and Tower Creek and construct engineered logjams in the vicinity of Tower Creek and Upper Hoh Road MP 4.0 between May 2021 and October 2023, and WHEREAS, there are limited areas for equipment staging and material storage along Upper Hoh Road, NOW, THEREFORE, pursuant to the above recitals, the County will allow ICI to use portions of the Tower Creek pit for equipment staging and material storage on a temporary basis and not to extend beyond the end of the current project, anticipated to be completed by October 2023: PURPOSE OF AGREEMENT The purpose of this Agreement is to allow for ICI's temporary use of the Tower Creek pit while still allowing use of the pit by County forces, and establish the responsibilities of ICI and the County. RESPONSIBILITIES ICI will, within the limitations of this agreement: 1. Coordinate with the County to determine which areas in the pit will be utilized by ICI and which areas will be preserved for County use. 2. Continue to coordinate with the County on a monthly, or more frequent basis throughout the duration of the project in order to maintain orderliness in the pit and allow for the continued efficient use of the pit by County forces. 3. Notify the County when new materials or equipment will be delivered to the pit which could temporarily affect the County's use of the pit. 4. Repair any damage caused by ICI or its' subcontractors to County materials or equipment stored in the pit. 5. Clean up any spills or other waste materials deposited in the pit by ICI or its' subcontractors. The County will, within the limitations of this agreement: Coordinate with ICI initially and on an ongoing basis to allow for ICI's efficient and orderly use of the pit. 2. Relocate county equipment and materials within the pit to allow for ICI's use of the pit. 3. Remove some county equipment and materials from the pit, as needed, to provide adequate space for ICI's equipment and materials. 4. Provide unrestricted access to the pit. TIME OF PERFORMANCE This agreement will allow ICI to utilize the Tower Creek pit until October 31, 2023, the anticipated completion date of the Western Federal Lands project. PAYMENT The County is not requesting any payment for ICI's usage of the Tower Creek pit. RIGHT -OF -ENTRY The County hereby grants ICI the right to enter upon the County -owned Tower Creek pit. INSURANCE REQUIREMENTS Prior to commencing work, ICI 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. ICI shall provide to the County certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of activities covered under this Agreement. 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 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, the County may unilaterally terminate this Agreement. All notices shall name ICI and identify this Agreement by contract number or some other form N of identification necessary to inform the County of the particular Agreement affected. A. 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. B. 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 ICI shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. ICI 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 ICI to take out and/or maintain any required insurance shall not relieve ICI 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 ICI. 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 ICI 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 ICI 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 ICI 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 ICI's failure to comply with all provisions of this Agreement relating to insurance, unilaterally terminate this Agreement. JOINT HOLD HARMLESS ICI shall comply with all Federal, State, and local laws and ordinances applicable to 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. ICI shall defend, indemnify and hold the County, its' officers, 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 ICI 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 ICI and the County, its' officers, officials, employees, agents and volunteers (and their marital communities) ICI's liability, including the duty and cost to defend, hereunder shall be only to the extent of ICI's negligence. ICI specifically assumes potential liability for actions brought against the County by ICI's employees and subcontractors associated with any of ICI's activities occurring in Tower Creek pit. The provisions of this section shall survive the expiration or termination of this Agreement. TERMINATION OF AGREEMENT Termination may be sought by either party by providing 30 days written notice to the other party. Such termination shall be effective only after authorized representatives of both parties have agreed in writing to such termination, except, however, that material breach of any contract term may be cause for immediate and unilateral termination of the contract by the County. GOVERNING LAW AND STIPULATION OF VENUE This Agreement shall be governed by the laws of the State of Washington. The parties stipulate that any lawsuit regarding this Agreement must be brought in Jefferson County, Washington. 4 WAIVER No waiver by either party of any term or condition of this Agreement shall be deemed nor construed as a waiver of any other term or condition, nor shall the waiver of any breach be deemed or construed as a waiver of any subsequent breach whether of the same or a different provision of this Agreement. SEVERABILITY Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement. INTERWEST CONSTRUCTION, INC. Dated: 1� v _, 2021 By: �o�oeik Re'� 0 , \P, COUNTY OF JEFFERSON Kate Dean, District I Heidi Eisenhour, District 2 Greg Brotherton, District 3 Approved as to form only: � r si9/2021 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney --f & &q& it ers, P.E. Date c Wo kkDirector/County Engineer T INTECON-15 M HN CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT .NAME: Hub International Northwest LLC (A/C, PO Box 3018 , Ext): 425 489-4500 (FAAJXC No): 425 485-8489 Bothell, WA 98041 inD' ass: now.info@hubinternational.com INSURERA:The Phoenix Insurar INSURED INSURER B:The Travelers Indem Interwest Construction Inc. INSURER C_ 609 North Hill Blvd INSURERD: Burlington, WA 98233 INSURER E: INSURER F : ;OVERAGES CERTIFICATE NUMBER: REVISION NUMBER:_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ JSR TYPE OF INSURANCE •ADDL'ISUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (M_MmnmryV _1 A X COMMERCIAL GENERAL LIABILITY 1,000,0 EACH OCCURRENCE CLAIMS -MADE OCCUR X X DTC07NO65015PHX20 7/1/2020 7/1/2021 DAMAGE TSESO RENTED_PR 300,0 MED EXP And. one,person)_ $ 10,0 PERSONAL & ADV INJURY 1,000,0 GENTAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,0 POLICY [X] PE � 1 LOC PRODUCTS - COMP/OP AGG 2r000r0 eymr.,p. WASHINGTON STOP 1.000.0 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) X ANY AUTO X X 8106P73016A2026G 7/1/2020 7/1/2021 BODILY INJURY. Per ersc OWNED rj SCHEDULED AUTOS ONLY ICjl AUTOS BODILY INJURY Per attic HIRED NON -OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Peraccident) UMBRELLA LIAR OCCUR EACH OCCUF EXCESS LIAB CLAIMS -MADE AGGREGATE DED I I RETENTION $ A WORKERS COMPENSATION PER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN IDTC07N065015PHX20 7/1I2020 711I2021 IINFandatory in NH) EXCLUDED? N/A E.L. EACH AC E.L, DISEASE If yes, describe under DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Tower Creek Jefferson County is included as Additional Insured, coverage is primary and non-contributory and waiver of subrogation applies per the attached forms/endorsements. Jefferson County Department of Public Works 623 Sheridan St Port Townsend, WA 98368 1 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD