HomeMy WebLinkAboutAgate Asphalt - 080122 -7.76,
CONTRACT
JEFFERSON COUNTY,W A�SHINGTON
THIS AGREEMENT,made and entered into this , 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
Agate Asphalt of Poulsbo,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:
Site preparation and installation of asphalt in the area indicated in the attached plan and in ----�—
accord with the specifications in the attached quote.
for the total sum of twenty one thousand,nine hundred and ninety-three dollars
dollars($21,993 )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 1,2022 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.
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 or 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.
Ii Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
LL Exhibit A: Certification Regarding Debarment, Suspension,Ineligibility,and Voluntary
Exclusion
I^) 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 I Risk Legal Review Date 06/ 7/2020 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 7/4o, ,20 62,3-
Contractor:
Agate Asphalt
(Please print)
By: "4)
Ali Se V :G or)
(Please print)
tv,� tr - '--
(S:gnaeure
A647-EI F85&0,5-
State of Washington,Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
1
cas______
Katt an,District 1
Heidi Eisenho ,District 2
eg roth on, i trict 3
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C.Hunsucker Date
Chief,Civil-Deputy Prosecutor
r3 i,
Monte Reinders,P.E. ate
Public Works Director/County Engineer
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 5 of 10
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.
Agate Asphalt
Name of Contractor(Please print) r
?at�sex&rson �, etrzL rlUld r14 3&r
Name and Title of Authorized Representative(Please print)
Signature of on Representative
I _ 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 8,2022 ,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.
Agate Asphalt
Bidder's Business Name
J �
Signature .:f Auth.-ized Official*
?6i (A-I Se 0 erso
Printed Name
6&ne4LQ ��V ta je r
Title �/
r
`1 Co 'o r der l}fA SAG
Date ity State
Check One:
Sole Proprietorship 17 Partnership! I Joint Ventures Corporation a
State of Incorporation,or if not a corporation,State where business entity was formed:
WA-SA
If a co-partnership, Ive 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 Lega Review Date 06/17/2020 Page 7 of 10
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 7-/ a? Signed 4:244.4.447------- "�""'
Construction Contract Contract G Version I Risk Legal Review Date 06/17/2020 Page 9 of 10
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 7 S 4v7/2 Signed 6 - / ,
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 as the repository for the escrow of
said funds.
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 10
AGATE 16330State Hwy 305 NE,Ste 200 Estimate 9729
Poulsbo,WA. 98370
(360)930-8703 Agate Asphalt Date 6/8/2022
ASPHALT (360)930-0017 New Line Services
(360)824-7161 Fax Customer Phone 360-301-0759
NFfirms Estimator PMS
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Services,Inc Contractor#AGATEAE85305
Customer Information Job Site Address
Jefferson County Solid Waste 325 County Landfill Rd
623 Sheridan St Port Townsend, WA 98368
Port Townsend, WA 98368
We propose the following: Qty Rate Amount
W/T 2 ASPHALT APRON EXTENSION AND REFRIGERATOR PAD 21,993.00 21,993.00T
+/-5,830 SQ FT
-Rough grade and excavate as needed
-Finish grade and compact
-Place crushed rock as needed up to 63 tons
-Finish grade and compact
-Apply soil sterilant
-Place 3.5"of HMA up to 135 tons in one lift
-Roll/compact HMA
-Shore edges
-Tar seams as needed
W/T 3 AREA BELOW TIPPING FLOOR 23,839.00 23,839.00T
+/-5,796 SQ FT
-Rough grade and excavate as needed
-Roll/compact
-Place crushed as needed up to 63 tons
-Finish grade&Compact crushed rock
-Apply soil sterilant
-Place 3.5"of HMA up to 130 tons in one lift
-Roll/compact HMA
-Shore edges
-Tar seams as needed
Thank you for the opportunity to earn your business!
***POTENTIAL OIL PRICE INCREASE BASED OFF WORLD OIL PRICING VOLATILITY Subtotal
HAS LIMITED OUR ABILITY TO MAINTAIN A GUARANTEED PRICE FOR MORE
THAN 20 DAYS***
Sales Tax(9.1%)
"Payment is due upon completion of the job.Final invoice is based on actual measurements
**Per RCW 60.04 nonpayment for the work done may result in a lien against the property for work and material supplied Total
ota I
**Agate Asphalt cannot guarantee drainage under 2%
"Agate Asphalt wilI warranty our asphalt work for 2 years unless the prep work involved was
done by others.No warranty on grade and gravel. Signature
SEE ATTACHED ADDITIONAL TERMS FOR MORE INFORMATION
Date
Page 2
www.AgateAsphalt.com /www.newlinestriping.com
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Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineerf
Agenda Date: July 25, 2022
Subject: Contract for Transfer Station Temporary Tipping Floor
Improvements
Statement of Issue: The Transfer Station Temporary Tipping Floor will be utilized for
customer service during an approximate forty-day period in October and November of
2022 while the pit scales are being replaced. An expansion of the current asphalt
approach to the temporary tipping floor is necessary to accommodate the anticipated
customer volumes.
Analysis/Strategic Goals/Pro's Et Con's: Quotes were solicited from contractors on
the MRSC Small Works Roster in accord with RCW 39.04.155. Agate Asphalt submitted
the lowest responsive quote.
Fiscal Impact/Cost Benefit Analysis: The Contract value is $21,993. Construction
will be funded at 100% from the Solid Waste Fund.
Recommendation: Public Works recommends that the Board enter into the attached
Contract with Agate Asphalt, and return the original to Public Works for further
processing.
Department Contact: Al Cairns, Project Manager, 385-9213.
Reviewed By:
,.J
_,V1(;:Atif-fA(
&.--‘ ,../-'
4/42_07/2.-2__
Mark McCauley ounty Administrator Date
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Agate Asphalt pw 2022 —pAis
(Name of Contractor/Consultant) Contract No.
COUNTY DEPARTMENT: Public Works
Contact Person: Al Cairns
Contact Phone: X213
Contact email: Return to: Chris Spall, ext. 208
AMOUNT: $21,993.00 PROCESS: _ Exempt from Bid Process
Revenue: 34370.00 Cooperative Purchase
Expenditure: 59437.63 _ Competitive Sealed Bid
Matching Funds Required: n/a X Small Works Roster
Sources(s)of Matching Funds n/a Vendor List Bid
RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED• n Al Cairns D'ytUily signed by Al Cairns
✓ N/A:I 1 Date:2022 07 05 15:12:39-0700' 7/5/2022
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ✓ N/A: n ()lofty AlAI Cairns () ty signed by Al Cetrns
I J Dale:2022 07 05 15:13'30-07.00' 7/5/2022
Signature Date
STEP 3:RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
' Electronicallyapproved byRisk Management on 7/13/2022.
Pp 9
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
`/ Electronicall approved
y app o ed as to form by PAO on 7/9/2022.
Pre-approved form.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1