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HomeMy WebLinkAboutCallforBidsWeedSpray2018KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA DATE: ACTION REQUESTED Figiz-V G1�� 7�ZiT:ill February 6, 2018 Approve a Call for Sealed Bids to furnish Weed Spray Materials for 2018. BACKGROUND: Annually, Kittitas County Public Works goes out to bid for the furnishing of Weed Spray Materials in accordance with specifications. Call for bids are advertised in the legal newspaper. Bids are set to be opened on February 22, 2018 at 2:00 pm. INTERACTION: Public Works RECOMMENDATION: Move to approve Notice of Call for Sealed Bids to furnish Weed Spray Materials for 2018. HANDLING: Return one (1) copy to Public Works ATTACHMENTS: Notice of Call for Sealed Bids; Specifications LEAD STAFF: Mark Cook Director of Public Works Page 1 of 1 Public Notice Kittitas County, Ellensburg WA This call for sealed bids is to furnish Weed Spray Materials for Calendar Year 2018. Bids are due by February 22, 2018 at 2:00 pm, at which time bids will no longer be accepted. Bids will be opened at Kittitas County Public Works, 411 North Ruby Street, Suite 1, Ellensburg, WA on February 22, 2018 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: 02/08/2018; 02/15/2018 file:///C./Users/candie.leader/Downloads/newspaper-text%20(17).html 1/31/2018 Page I of I 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/candic.leader/Downloads/www-text°/`20(17).html 1/31/2018 KITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS FREQUEST FORBID PRODUCT: WEED SPRAY CHEMICALS FOR YEAR: 2018 BIDS DUE: FEBRUARY 22, 2018 @ 2:00 PM RETURN BID PROPOSALS TO: KITTITAS COUNTY PUBLIC WORKS 411 N. RUBY, STE. #1 ELLENSBURG, WA 98926 (509)962-7523 010 Sealed bids for furnishing chemicals for weed spraying for Calendar Year 2018 will be received at the Office of the Department of Public Works, 411 N. Ruby, Suite #1, Ellensburg, Washington, until February 22, 2018 at 2:00 p.m., to be publicly opened and read aloud at the Kittitas County Public Works, 411 N. Ruby, Suite #1, Ellensburg, Washington, at 2:00 p.m. on February 22, 2018. 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 Chemicals" 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 and the Kittitas County Public Works Department are not responsible for bids delivered late by the U.S. Postal Service. It is the responsibility of the Bidder to be sure the bids, if mailed, are sent sufficiently ahead of time to be received by the opening date and time. 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. CONDITIONS OF AWARD The awards made will be for furnishing bid items for the period of January 1, 2018 through December 31, 2018. Multiple contract awards may be subject to individual chemical pricing. The County reserves the right to purchase any and/or all of any item bid. Each chemical is to be stated as a separate item, NOT a total, and quantities are an estimate only. All prices shall be FOB Ellensburg, Washington. 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. 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. 2018 Chemical Bid 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. PAYMENTS: Invoices will not be processed for payment until receipt of a properly completed invoice or invoiced items are received. 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. IDENTIFICATION: 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. 2018 Chemical Bid 2 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. 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. 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 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 2018 Chemical Bid 3 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. NONDISCRIMINATION: 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. 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. HAZARDOUS SUBSTANCE Bidders will be required to provide certification that payment of the hazardous substance tax has been made for products supplied under this contract, by providing Kittitas County with signed blanket certifications, per WAC 458-20-252. Bid award will be made subject to, and no purchase of materials will be made until, receipt of signed certifications. 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. 2018 Chemical Bid 4 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: • $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. 2018 Chemical Bid 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: • $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. 2018 Chemical Bid 6 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. The successful bidder shall warrant that all products will conform to the chemical description on the manufacturer's label and will control the vegetation species specified when used in accordance with all label instructions and applied in accordance with proper equipment as specified in "Equipment Services" and qualified personnel is defined as any Kittitas County employee currently licensed by the State of Washington to perform chemical application. Bidders may bid an alternate product that meets specifications of materials listed on the bid schedule. Should a non-performance incident occur, resulting in the need for additional chemical application or mowing of previously treated areas; the successful bidder shall commit to recommending a retreatment program and offer Kittitas County a product settlement for any additional time and materials. Products shall be delivered within 24 hours of ordering. EQUIPMENT SERVICES The successful bidder shall perform the following checks on all chemical application equipment: 1. Calibration 2. Dry Pavement Test 3. Set up for road edge breaks 4. Mixing/agitation capacity 5. Observe the Applicator to assess any problems. DESCRIPTION OF WORK The work contemplated to be performed under this contract consists of furnishing all chemicals upon request by Kittitas County Department of Public Works. CONTRACT -PROPOSAL BOND No proposal bond or performance bond will be required. SALES TAX Kittitas County is subject to Washington State Sales Tax. PAYMENT Payment for chemicals delivered to Kittitas County each month will be made by County warrant on the following month. 2018 Chemical Bid 7 DESCRIPTION OF MATERIAL The material to be supplied shall consist of chemicals for weed spraying as specified in Attachment "A". 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 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 Rubv Suite #1, Ellensburg, WA 98926. by 2:00 p.m. February 22, 2018. 2018 Chemical Bid 8 BID PROPOSAL CHEMICAL/WEED SPRAY BID OPENING FEBRUARY 22, 2018 AT 2:00 P.M. Active CHEMICAL OR ACTIVE INGREDIENTS OR Ingredients % ESTIMATED QTY. CONTAINER COST TOTAL UNIT EQUIVALENT EQUIVALENT (No SIZE COST Subsititutions) RESIDUALS Lock Down Flumioxazin 51.00% 250 Ib. oz. Other Ingredients 49.00% Telar XP Chlorsulfuron 75.00% 500 oz. oz. Other Ingredients 25.00% EsplAnade Indaziflam 19.05% 1000 oz. oz. Other Ingredients 80.95% CONTACT & SELECTIVE HERBICIDES Brush Rhap 3, 6-dichloro-methyoxybenzoic Acid 18.28% 750 Gal. Gal. 2,4-dichloro-phenoxyacetic Acid 24.62% Other Ingredients 57.10% Glyphosate Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt 41% 30 Gal. Gal. Other Ingredients 59% Triisoprapanolammonium salt of 2 - Milestone pyridine carboxylic acid, 4 -amino 3, 6-dichloro 40.60% 20 Gal. Gal. Other Ingredients 59.40% Modified Seed Oils, C15 -C40 Alkanes, Glucitol Octadecenoate, Polyethoxylated Glucitol derivatives, Justified polydimethylpolysiloxanes 100.00% 600 oz. oz. SURFACTANTS Propietary blend of Aliphatic Grounded Hydrocarbons & hexahydric Alcohol, ethoylate and fatty acids 99.00% 150 Gal. Gal. Components ineffective as adjuvant 1.00% Patent No. 5,906,961 TOTAL - **NOTE: A CURRENT LABEL AND MSDS SHEET FOR EACH CHEMICAL SHALL BE SUPPLIED WHEN SUBMITTING A BID Company Name Company Address Telephone No. City State Zip Fax No.