HomeMy WebLinkAboutca10Transfer Station Pit Scale Replacement Department of Public Works
O Consent Agenda
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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
Agenda Date: July 18, 2022
Subject: Contract for Transfer Station Pit Scale Replacement, Project No.
40121060
Statement of Issue: Contract with Michelli Measurement Group, of Kent Washington
for the above referenced project.
Analysis/Strategic Goals/Pro's £t Con's: The Board of County Commissioners
approved an Award of Contract to Michelli Measurement Group on July 5, 2022. The
attached Contract is now ready for the Board of County Commissioners approval.
Fiscal Impact/Cost Benefit Analysis: The Contract value is $241,558. Construction
will be funded at 100% from the Solid Waste Fund.
Recommendation: Public Works recommends that the Board enter into the Contract
with Michelli Measurement Group, and return the original to Public Works for further
processing.
Department Contact: Al Cairns, Project Manager, 385-9213.
Reviewed By:
� 1� �z
Mark McCauley ounty Administrator Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this 1etn day of July 20 22 , between
the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of
Public Works under and by virtue of Title 36, R.C.W, as amended and
Michelli Measurement Group, Inc. of Harahan, LA with office in Kent, WA
hereinafter called the Contractor,
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement, the parties hereto covenant and agree as follows:
The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the
Contractor herein will undertake and complete the following described work:
Replacement of the Jefferson County Transfer Station Pit Scales including removal of the
existing scales, provision and installation of new scales and weight displays, and other work
in accordance with the Contract Plans, Contract Provisions and the Standard Specifications
attached hereto and made part of this agreement.
for the total sum of two hundred and forty one thousand, five hundred and fifty eight dollars
dollars ($ 241,558 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:
(with a start date of August i, 2022 and a completion date of January 1, 2023 (with start and
stop dates indicated for each phase of work) (within a specified amount of time after the Notice to
Proceed).
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.
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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.
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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.
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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.
❑ Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
IIExhibit 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 Contracts for Less Than $150,000
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 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 July 18, 2022
Contractor:
Michelli Measurement Group, Inc.
(Please print)
By. Robert J. Feigler, Vice President & General Manager
(Please print)
(Signature)
603 440 922 / NEWBEBN853C7 our sub GC License
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate Dean, District 1
Heidi Eisenhour, District 2
Greg Brotherton, District 3
Approved as to form only:
PRE -APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chief Civ utv Prosecutor
e R ' rs, P.E. ate
u tc Works Director/County Engineer
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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.
Michelli Measurement Group, Inc.
Name of Contractor (Please print)
Robert J. Feigler, Vice President & General Manager
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 10
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 June 21, 2022 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.
Michelli Measurement Group, Inc.
Bidder's Business Name
-?w- -7 —/. e � 4 —
Signature of Authorized Official*
Robert J. Feigler
Printed Name
Vice President & General Manager
Title
07/18/2022 Harahan Louisiana
Date
Check One:
City
State
Sole Proprietorship ❑ Partnership ® Joint Venture Corporation
State of Incorporation, or if not a corporation, State where business entity was formed:
Louisiana
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 06/17/2020 Page 7 of 10
Bond No. 107379244
EXHIBIT C
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Michelli Measurement Group,Inc. , of Harahan, LA with office in Kent, WA as
Principal, and 'travelers Casualty and Swt(y Com anv of America as Surety, are jointly and severally held and bound unto
the COUNTY OF JEFFERSON, the penal sum of Two Hundred Forty -One Thousand Five Hundred Fifty -Eight and No Cents
Dollars ($ 241,558.00 ), for the payment of which we jointly and severally bind ourselves, or
heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents.
The condition of this bond is such that WHEREAS, on the 18th day of July , A.D., 20 22 , the said
Michelli Measurement Group, Inc. , Principal herein, executed a certain contract with the County of
Jefferson, by the terms, conditions and provisions of which contract the said Michelli Measurement Group, Inc.
, Principal herewith, agrees to furnish all materials and do certain work, to -wit: That the said Principal herein
will undertake and complete the following described work:
Replacement of the Jefferson County Transfer Station Pit Scales including removal of the existing scales,
provision and installation of new scales and weight displays, and other work in accordance with the Contract
Plans, Contract Provisions and the Standard Specifications attached hereto and made part of this agreement_
in Jefferson County, Washington, as per maps, plans and specifications made a part of said contract, which
contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated
herein and made a part hereof as full for all purposes as if here set forth at length.
NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms,
conditions and provisions of said contract, in all respects and shall well and truly and fully do and perform all
matters and things by the said Principal undertaken to be performed under said contract, upon the terms
proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all
laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such contractor or
subcontractor with provisions and supplies for the carrying on of such work, and shall in all respects
faithfully perform said contract according to law, then this obligation to be void, otherwise to remain in full
force and effect.
WITNESS our hands this 18th day of Ju
Michelli Measurement Group, Inc.
PRINCIPAL��
By
20 22
Travelers Casualtv and Suretv Company of America
SURETY COMPANY, ,+
By:
By: Elizabeth M. Blancher. Attorne -in-F ct
Attorney -in -fact
Address of local office and agent of surety company:
1 10 Veterans Memorial Blvd.,_ Ste. 200
Metairie, LA 70005
One Tower Square,
Hartford, CT 06183
Construction Contract Contract G Version I Risk Legal Review Date 06/17/2020 Page 8 of 10
AMA
TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint ELIZABETH M BLANCHER of
METAIRIE I , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in ar�y actions or proceedings allowed bylaw.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21 st day of April,
2021.
W
PARr ` HM1FA'FOA6, rr •
s v
X
State of Connecticut f
City of Hartford ss.
By: t�
Robert L. Rane7�`tenior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
�• I•Ii�lIC !
Anna P. Nowlk, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogniaances, contracts of indemnity, and other writings
obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVER, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory In the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate reialing thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 18th day of July , 2022
"'RTFOR'. - ' tdlE9rul�
SIA
Kevin E, Hughes, Asse tant Secretary
To verify the authenticityof this Power ofAttorney, please call us at 1-800-421-3880.
Please reefer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached.
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 Signed
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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 July 18, 2022
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
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