HomeMy WebLinkAboutCallforBidsCrackSealant2017KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA DATE:
ACTION REQUESTED:
AGENDA STAFF REPORT
February 7, 2017
Approve a Notice of Call for sealed bids to
furnish Crack Sealant Materials for Calendar
Year2017.
BACKGROUND: Annually, Kittitas County Public Works goes
out to bid for the furnishing of Crack Sealant
Materials in accordance with Standard
Specifications of the Washington State
Department of Transportation. Call for bids are
advertised in the legal newspaper and bid
packets are sent out to all local businesses in
order to provide equal opportunity.
Bids are scheduled to be opened on February
23, 2017 at 2:00 p.m. in the Public Works
Department.
INTERACTION:
Public Works
RECOMMENDATION: Move to approve Notice of Call for Bids to
furnish Crack Sealant Materials for 2017 and
direct staff to advertise as requested.
HANDLING: Return one (1) copy to Public Works
ATTACHMENTS: Notice of Call for Sealed Bids; Bid Packet
LEAD STAFF: Kathy Jurgens
Finance System Manager/Interim Co -Director
of Public Works
KITTITAS COUNTY DEPARTMENT
OF PUBLIC WORKS
[REQUEST FORBID
PRODUCT:
FOR YEAR:
BIDS DUE:
CRACK SEALANT MATERIALS
2017
FEBRUARY 23, 2017 @ 2:00 PM
RETURN BID PROPOSALS TO:
KITTITAS COUNTY PUBLIC WORKS
411 N. RUBY, STE. #1
ELLENSBURG, WA 98926
(509)962-7523
BID FOR CRACK SEALANT MATERIAL AND EQUIPMENT 2017
DATE OF OPENING BIDS:
Sealed bids for Crack Sealant Material and Equipment will be received at the Office of the
Department of Public Works, 411 N. Ruby, Suite #1, Ellensburg, Washington until 2:00 p.m. on
February 23, 2017, and thereafter will be opened publicly and read aloud. Each bid to be
considered must be submitted on forms furnished by the Kittitas County Department of Public
Works and must be sealed in an envelope, plainly marked with the name of the bidder and
"Proposal to Supply Crack Sealant Material and Equipment" on the outside of the envelope and
addressed to the Kittitas County Department of Public Works, 411 N. Ruby, Suite #1,
Ellensburg, Washington 98926. Kittitas County shall assume no responsibility for the delay in
the U.S. Mail service resulting in a bid being received late. Bids not in hand in the Kittitas
County Department of Public Works' Office by the above stated date and time will not be
considered.
RIGHT TO REJECT BIDS:
The right is reserved to reject any and all proposals, to waive minor deviations from the
specifications, to waive any informality in bids received, whenever it is in the County's best
interest, and to accept the proposal deemed best for the county or to advertise for new
proposals when in the opinion of the Kittitas County Board of Commissioners the best interest
of the County will be promoted thereby.
DESCRIPTION OF WORK:
The work contemplated to be performed under this contract consists of furnishing all Crack
Sealant Material and Equipment upon request by Kittitas County Department of Public Works.
CONDITIONS OF AWARD:
The Board of County Commissioners reserves the right to purchase from suppliers other than
the successful bidder, if for any reason the successful bidder is unable to promptly furnish
Crack Sealant Materials of a quality which is satisfactory to Kittitas County's requirements.
Multiple contract awards may be subject to individual Crack Sealant Material and equipment
pricing. The County reserves the right to purchase any and/or all of any item bid. Quantities
are estimates only.
Please be advised that each bid item should be stated as a separate item NOT a total and
quantities are estimates only. All prices shall be FOB Ellensburg, WA.
BID ITEM QUANTITIES:
The quantities of material listed on the attached bid sheets are for bidding purposes only. Kittitas
County does not guarantee quantities shown will be purchased. It is offered to provide the
Company with an estimate of demand. The Company shall make such revisions in their work as
necessary to accommodate changes in the demand without additional compensation.
2017 Crack Sealant Material and Equipment 1
CHANGES:
No alteration in any of the terms, conditions, delivery price, quality, quantities, or specification of
this order will be effective without written consent of the Kittitas County Department of Public
Works,
HANDLING:
No charges will be allowed for handling unless otherwise stated herein.
DELIVERY:
For any exception to the delivery date as specified by the Department of Public Works, Vendor
shall give prior notification and obtain written approval thereto from the Kittitas County
Department of Public Works Director with respect to delivery under this order. Time is of the
essence and the order is subject to termination for failure to deliver as specified.
The acceptance by Kittitas County Department of Public Works of late performance with or
without objection or reservation shall not waive the right to claim damage for such breach nor
constitute a waiver of the requirements of the timely performance of any obligation remaining to
be performed by Vendor.
REJECTION:
All goods or materials purchased herein are subject to approval by Kittitas County Department
of Public Works. Any rejection of goods or materials resulting because of nonconformity to the
terms and specifications of this order, whether held by the Kittitas County Department of Public
Works or returned will be at the Vendor's risk and expense.
All invoices, packing lists, packages, shipping notices, instruction manuals, and other written
documents affecting this order shall contain the applicable purchase order number.
WARRANTIES:
Vendor warrants that articles supplied under this order conform to specifications herein and are
fit for the purpose for which such goods are ordinarily employed, except that if a particular
purpose is stated, the material must then be fit for that particular purpose.
ASSIGNMENTS:
The provisions or moneys due under this contract shall only be assignable with prior written
consent of the Kittitas County.
LIENS. CLAIMS and ENCUMBRANCES:
Vendor warrants and represents that all the goods and materials ordered herein are free and
clear of all liens, claims or encumbrances of any kind.
2017 Crack Sealant Material and Equipment
RISK OF LOSS:
Vendor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered
herein which occur prior to delivery. Such loss, injury or destruction shall not release Vendor
from any obligation hereunder.
USE BY OTHER AGENCIES:
The items in this bid are for consumption by Kittitas County and other governmental agencies in
Kittitas County if they desire.
Partial list includes the following:
1. Kittitas County Airport
2. Kittitas County Fair Board
3. Kittitas County Fire Districts
4. Kittitas County Reclamation District
5. Kittitas County School Districts
6. Kittitas County Sheriff
7. Kittitas County Noxious Weed
8. Kittitas County Public Utility District
9. Cascade Irrigation District
10. City of Cle Elum
11. City of Ellensburg
12. City of Kittitas
13. City of Roslyn
14. City of South Cle Elum
FORM OF CONTRACT:
The successful bidder may be required to enter into formal contract; however, in the absence of
such requirements, it is agreed by the bidder that his bid submitted, together with "Notice of
Award" issued by Kittitas County, will together constitute a contract fully binding upon both parties
thereto.
COMPLIANCE WITH LAWS:
The successful bidder shall comply with all applicable federal, state and local laws, rules and
regulations affecting its performance and hold the County harmless against any claims arising
from the violation thereof.
CONTRACT DISPUTES:
Any contractual agreement shall be performed under the laws of the State of Washington. Any
litigation to enforce such agreement or any of its provisions shall be brought in Kittitas County,
Washington.
DEFAULT:
The Vendor covenants and agrees that in the event suit is instituted by Kittitas County for any
default on the part of the Vendor, and the Vendor is adjudged by a court of competent
jurisdiction to be in default, the Vendor shall pay to Kittitas County all cost, expenses expended
2017 Crack Sealant Material and Equipment
or incurred by Kittitas County in connection therewith, and reasonable attorney's fees. The
Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over
any such suit and that venue shall be laid in Kittitas County.
INDEMNIFICATION:
The Vendor agrees to and shall defend, indemnify and hold harmless the County, its appointed
and elective officers, agents and employees, from and against all loss or expense, including but
not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims
and demands upon the County, its elected or appointed officials, agents, or employees for
damages because of personal or bodily injury, including death at any time resulting therefrom,
sustained by any person or persons and on account of damage to property including loss of use
thereof, whether such injury to persons or damage to property is due to the negligence or
misconduct of the Vendor, its sub -contractors, its elected officers, employees or their agents,
while performing Vendor's duties in connection with supplying and delivering the materials to the
County, except only such injury or damage as shall have been occasioned by the sole negligence
of the County, its appointed or elected officials, agents, or employees.
TERMINATION:
In the event of a breach by Vendor, Kittitas County reserves the right to cancel and terminate this
purchase agreement forthwith upon giving oral or written notice to Vendor.
The Vendor agrees not to discriminate against any client, employee, or applicant for employment
or services because of race, creed, color, national origin, sex, sexual orientation, marital status,
age or the presence of any sensory, mental or physical handicap with regard to, but not limited to,
the following employment upgrading, demotion, or transfer, recruitment or recruitment advertising,
lay-offs or termination, rates of pay or other forms of compensation, selection for training or
rendition of services.
INSURANCE:
The Vendor shall secure and maintain in effect at all times while providing the goods and
materials, such insurance as will protect the Vendor, its employees, officials and agents from all
claims, losses, harm, costs, liabilities, damages and expenses arising out of personal injury
(including death) or property damage that may result from performance of this Agreement,
whether such performance is by the Vendor, its employees, officials and agents.
All insurance shall be issued by companies admitted to do business in the State of
Washington and have a rating of A-, Class VII or better in the most recently published
edition of Best's Reports unless otherwise approved by the County. If an insurer is not
admitted, all insurance policies and procedures for issuing the insurance policies must
comply with Chapter 48.15 RCW and 284-15 WAC,
The Vendor shall provide proof of insurance for:
A) Commercial General Liability Insurance.
Coverage limits not less than:
2017 Crack Sealant Material and Equipment
• $1,000,000 per occurrence per project
• $2,000,000 general aggregate
• $1,000,000 products & completed operations aggregate
• $1,000,000 personal and advertising injury, each offense
Certificate Holder— Kittitas County
The Certificate must name the County as additional insured as defined in
the Agreement
Ten (10) days written notice to the County of cancellation
of the insurance policy.
B) Stop Gap/Employers Liabilit
• Coverage limits not less than:
• $1,000,000 each accident
• $1,000,000 disease — policy limit
• $1,000,000 disease — each employee
• Ten (10) days written notice to the County of cancellation
of the insurance policy.
C) Commercial Automobile Liability Insurance.
• Automobile Liability for owned, non -owned, hired, and leased vehicles,
with an MCS 90 endorsement and a CA 9946 endorsement attached if
'pollutants' are to be transported.
• Coverage limits not less than:
• $1,000,000 combined single limit
• Ten (10) days written notice to the County of cancellation
of the insurance policy.
D) Excess or Umbrella Liability.
• The Vendor shall provide Excess or Umbrella Liability coverage at limits
of $2,000,000 per occurrence and annual aggregate. This Excess or
Umbrella Liability coverage shall apply, at a minimum, to both the
Commercial General and Auto Insurance policy coverage.
• This requirement may be satisfied instead through the Vendor's primary
Commercial General and Automobile Liability coverage, or any
combination thereof.
E) Workers' Compensation.
• Workers' Compensation in amounts required by law.
F) Pollution Liability.
• The successful bidder shall provide a Pollution Liability policy, providing
coverage for claims involving bodily injury, property damage (including
loss of use of tangible property that has not been physically injured),
cleanup costs, remediation, disposal or other handling of pollutants,
including costs and expenses incurred in the investigation, defense, or
settlement of claims arising out of:
• successful bidder's operations related to this project; and/or
• Remediation, abatement, repair, maintenance or other work with
lead-based paint or materials containing asbestos; and/or
• Transportation of hazardous materials away from any site related
to this project
• Such Pollution Liability policy shall provide the following minimum
coverage:
2017 Crack Sealant Material and Equipment
• $1,000,000 each loss and
• $2,000,000 annual aggregate
The Vendor shall furnish the County a certificate of insurance with Endorsement as evidence
that policies providing insurance required by this Agreement are in full force and effect. The
Vendor hereby waives all rights of recourse, including any right to which another may be
subrogated, against Kittitas County for personal injury, including death, and property damage.
The Vendor's insurance policies required above shall be primary insurance and shall be non-
contributing with any other insurance maintained by Kittitas County.
The Vendor shall assume full responsibility for all loss or damage from any cause whatsoever
to any tools, Vendor's employee -owned tools, machinery, equipment, or motor vehicles owned
or rented by the Vendor, or the Vendor's agents, suppliers or contractors as well as to any
temporary structures, scaffolding and protective fences.
The Vendor shall have sole responsibility for determining the insurance coverage and limits
required, if any, to be obtained by subcontractors, which determination shall be made in
accordance with reasonable and prudent business practices.
NOTE: No contract shall form until and unless a copy of the Certificate of Insurance with
Endorsement, properly completed and in the amount required, is attached hereto.
PERSONAL LIABILITY:
It is agreed by and between the parties hereto that in no event shall any official, officer,
employee or agent of the County be in any way liable or responsible for any covenant or
agreement herein contained whether express or implied, nor for any statement or
representation made herein or in any connection with this agreement.
PAYMENT:
Payment for materials delivered to Kittitas County each month will be made by County warrant
on the following month. Invoices will not be processed for payment until receipt of a properly
completed invoice or invoiced items are received
CONTRACT -PROPOSAL BOND:
No proposal bond or performance bond will be required.
SALES TAX:
Kittitas County is subject to Washington State Sales Tax.
CONTRACTOR'S PROTECTIVE CLAUSE:
There shall be no obligation to have available or deliver any or all of the products included in this
proposal in the customary manner when such availability or deliveries are prevented or hindered
by an Act of God, fire, strike, partial or total interruption or loss or shortage of transportation
facilities, or by other similar or different acts of civil or military authorities, or by other like causes
beyond the control of the Contractor.
2017 Crack Sealant Material and Equipment 6
EQUIPMENT:
The successful bidder shall guarantee the equipment described in this bid proposal shall be
guaranteed available to Kittitas County for the 2016 Calendar Year. Kittitas County agrees to
provide the successful bidder with one week's advance notice of use.
MISCELLANEOUS:
Questions may be directed to Jim Van de Venter, Road Supervisor, Kittitas County Dept. of
Public Works, 411 N. Ruby, Suite #1, Ellensburg, WA 98926. Telephone (509) 962-7523
FAX (509) 962-7663.
Kittitas County reserves the right to reject any and all quotations, to waive formalities and to
select the bid most advantageous to the County.
Bids must be received by the Kittitas County Department of Public Works, 411 N. Ruby
Suite #1. Ellensburg. WA 98926, by 2:00 p.m.. February 23, 2017.
2017 Crack Sealant Material and Equipment
PRODUCT
RS201
RS211
BID PROPOSAL
CRACK SEALANT MATERIAL AND EQUIPMENT
FOR CALENDAR YEAR 2017
SCHEDULE "A"- PRODUCT ONLY
Equivalent/ ESTIMATED
AASHTO QUANITY
Spec.
10,000
POUNDS
30,000
POUNDS
PRICE PER TAX RATE TOTAL UNIT
POUND % PRICE
'Material shall be warehoused at vendor's location until called for.
NOTE: A CURRENT LABEL AND MSDS SHALL BE SUPPLIED FOR ALL MATERIALS BID.
2017 Crack Sealant Material and Equipment
BID PROPOSAL
CRACK SEALANT MATERIAL AND EQUIPMENT
FOR CALENDAR YEAR 2017
SCHEDULE "B"- EQUIPMENT ONLY
EQUIPMENT RENTAL WEEKLY MONTHLY
Crack Sealing Machine*
'Machine must include heated hose.
Company
Address
City State zip
Telephone
Signature of Agent
Date
Federal Id Number
2017 Crack Sealant Material and Equipment
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Public Notice
Kittitas County, Ellensburg WA
This call for sealed bids is to furnish Crack Sealant Materials for Calendar Year 2017. Bids are due
by February 23, 2017 at 2:00 pm, at which time bids will no longer be accepted. Bids will be opened at
the Kittitas County Public Works Office located at 411 North Ruby Street, Suite 1, Ellensburg, WA
on February 23, 2017 at 2:00 pm.
Specifications may be seen at the office of the Board of Commissioners and online at
http://www.co.kittitas.wa.us/notices/.
Clerk of the Board
Publish:
Daily Record: 02/09/17; 02/16/17
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For more information, contact Public Works
All bid submittals shall become the property of Kittitas County.
Kittitas County reserves the right to reject all bids and re -advertise if necessary.
file:///C:/Users/candie.leader/Downloads/www-text%20(14).html 1/18/2017