HomeMy WebLinkAboutNtcofCallforSealedBidsHerbicideApplicationKITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
AGENDA STAFF REPORT
AGENDA DATE: March 19, 2019
ACTION REQUESTED: Approve a Notice of Call for Sealed Bids for the
Application of Herbicide to County Roadways for
the Years 2019-2022
BACKGROUND: Kittitas County Public Works is requesting to advertise a
Notice of Call for Sealed Bids for Herbicide Application to
approximately 800 shoulder miles of roadway. Kittitas
County Public Works would enter into a Professional
Services Agreement for the years 2019-2022 with the
accepted bidder once awarded.
Bids are scheduled to be opened on April 4, 2019 at 2:00
pm in the Public Works Department.
INTERACTION: Public Works
RECOMMENDATION: Approve the Notice of Call for Sealed Bids for
Application of Herbicide to County Roadways for
the Years 2019-2022 and advertise as requested.
HANDLING: Return one Notice of Call for Sealed Bids to Public Works
ATTACHMENTS: Notice of Call for Sealed Bids; Bid Proposal
LEAD STAFF: Mark R. Cook, Director
Page 1 of 1
Public Notice
Kittitas County, Ellensburg WA
This call for sealed bids is for the application of Herbicide to County Roadways for the Years 2019-2022. Bids are due by
April 4, 2019 at 2:00 pm, at which time bids will no longer be accepted. Bids will be opened at the office of Kittitas County
Public Works, 411 North Ruby Street, Suite 1, Ellensburg, Washington on April 4, 2019 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: 03/21/2019; 03/28/2019
file:///C:/Users/candie.leader/Downloads/newspaper-text°/`20(14).html 3/12/2019
Page 1 of 1
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°/n20(13).html 3/12/2019
KITTITAS COUNTY DEPARTMENT
OF PUBLIC WORKS
REQUEST FOR BID
HERBICIDE APPLICATION
FOR YEARS: 2019-2022
BIDS DUE: APRIL 4, 2019 @ 2:00 PM
RETURN BID PROPOSALS TO:
KITTITAS COUNTY PUBLIC WORKS
411 N. RUBY, STE. #1
ELLENSBURG, WA 98926
(509)962-7523
Sealed bids for the application of herbicide to approximately eight hundred (800)
shoulder miles of roadway. Sealed bids will be received at the Office of the Department
of Public Works, 411 N. Ruby, Suite #1, Ellensburg, Washington, until April 4, 2019, at
2:00 p.m., to be publicly opened and read aloud at Kittitas County Public Works, 411 N.
Ruby, Suite #1, Ellensburg, Washington, at 2:00 p.m. on April 4, 2019. 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 For Herbicide Application" 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 award made will be for the application of herbicide to the roadside shoulder as
described under Description of Work for the term of 2019-2022 season(s).
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.
PREVAILING WAGES
The prevailing rate of wages to be paid to workmen, laborers, or mechanics employed in
the performance of any part of this contract shall be in accordance with the provisions of
Chapter 39.12 RCW, as amended. The rules and regulations of the Department of Labor
and Industries and the schedule of prevailing wage rates for the locality or localities where
this Contract shall be performed as determined by the Industrial Statistician of the
Department of Labor and Industries, are by reference made a part of this Contract as
though fully set forth herein.
2019 Sealed Bid for Herbicide Application
Inasmuch as the Contractor shall be held responsible for paying the prevailing wages, it is
imperative that all Contractors familiarize themselves with the current wage rates before
submitting bids based on these specifications.
In case any dispute arises as to what are the prevailing rates of wages for work of a
similar nature and such dispute cannot be adjusted by the parties in interest, including
labor and management representatives, the matter shall be referred for arbitration to the
Director of the Department of Labor and Industries of the State and his decision therein
shall be final and conclusive and binding on all parties involved in the dispute as provided
for by RCW 39.12.060 as amended.
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.
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.
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.
2019 Sealed Bid for Herbicide Application 2
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
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.
2019 Sealed Bid for Herbicide Application 3
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.
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.
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.
2019 Sealed Bid for Herbicide Application 4
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.
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
2019 Sealed Bid for Herbicide Application
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.
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.
PERFORMANCE GUARANTEE
Equipment and/or operator bid for the purpose expressed by this contract must be
capable of doing the intended work and if subsequent usage proves otherwise, the
equipment and/or operator shall be immediately terminated and replaced by the
Contractor.
It shall be the duty of the Bidder to submit his bid before the hour and date specified.
Kittitas County shall assume no responsibility for the delay in U.S. Mail Service resulting
in a bid being received late. No oral, telephonic, facsimile, telegraphic or electronic bids
or modifications will be accepted.
2019 Sealed Bid for Herbicide Application 6
CONTRACT -PROPOSAL BOND
No proposal bond or performance bond will be required.
SALES TAX AND PERMITS
Washington State Sales Tax, of 8.0%, shall be added as a separate entry on each
billing submitted to the County.
Kittitas County is exempt from all Federal Excise Tax.
PROSECUTION AND PROGRESS
Following project award, the Road Supervisor will schedule a preseason conference at
a time mutually agreeable to all concerned.
At this conference several points concerning these Specifications will be discussed
including order and coordination of work, lead time required means and methods of
residual application, inspection and reporting procedures, etc. The Contractor should
satisfy himself that all of these Specifications and intentions are fully understood.
PAYMENT
Invoices will not be processed for payment until receipt of a properly completed invoice
or invoiced items are received.
MEASUREMENT AND PAYMENT
Measurement and Payment will be made based on the shoulder miles treated with
herbicide. For special spot treat applications along with sidewalk spraying, the price per
hour shall be used.
BASIS OF PAYMENT
The price per shoulder mile will be used as basis for the award of the project. Special
consideration will be given to equipment that records herbicide application being
applied to the shoulder by GPS. The unit of measurement for payment shall be by the
treated shoulder mile. Kittitas County specifically reserves the right to reject any and all
of the bids thereof.
APPLICATION EQUIPMENT SPECIFICATION
The application of herbicide must be applied to the shoulder in one pass. Equipment
must be able to carry both sensitive and non -sensitive residual at the same time. The
nozzles on the spray truck must be able to spray a minimum of eight (8) feet from the
edge of the asphalt shoulder.
2019 Sealed Bid for Herbicide Application 7
DESCRIPTION OF WORK
Kittitas County intends to apply herbicide to approximately 800 shoulder miles of
roadway. In order to accomplish this project, the County is going out for sealed bid for
the application of herbicide to the roadside shoulder.
The roadside shoulder to be treated consists of the edge of asphalt to top of the back
slope of ditch. This horizontal distance ranges between eight (8) and ten (10) feet in
some areas.
This project entails post -emergent roadside residual spraying every fall and/or spring
from 2019-2022. Kittitas County treats the roadside shoulder with contact spraying to
be completed in the spring and summer.
The actual working periods may be affected by ground conditions. Kittitas County will
delay or suspend operations if the moisture content is too low or the ground is frozen.
Kittitas County is recommending the herbicide listed below to be used during the
duration of the awarded contract:
Trumpcard
Vision
Justified
VENDOR ERROR
Any pricing, configuration, or other errors discovered after bid opening must remain and
cannot be adjusted.
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. Ruby
Suite #1, Ellensburg, WA 98926, by 2:00 p.m. on April 4, 2019.
2019 Sealed Bid for Herbicide Application 8
TO: Board of County Commissioners
Kittitas County Courthouse, Room 108
Ellensburg, Washington 98926
The undersigned hereby certifies that he has read the attached specifications for 2019— 2022
HERBICIDE APPLICATION and desires to submit for your consideration said equipment that
conforms to said specifications for the following unit bid prices:
Quantity of Equipment GPS Tracking Price/Shoulder Price/ Hour
Available for Project Yes or No Mile
The Board of County Commissioners reserves the right to reject any or all bids or parts thereof
and to "HERBICIDE APPLICATION" and addressed to Kittitas County Public Works, 411 N.
Ruby, Ste. #1, Ellensburg, WA 98926. Bids must be in the Office of the Kittitas County
Commissioners on or before bid time of:
THURSDAY. APRIL 4, 2019 at 2:00 PM
FIRM NAME ADDRESS
BY (SIGNATURE) CITY STATE ZIP
TITLE PHONE NUMBER
WASHINGTON STATE REGISTRATION NO. EMAIL ADDRESS
FEDERAL TAX I.D. NO. UBI NO.
Signed and sworn (or affirmed) before me on
(Date)
NOTARY PUBLIC
My appointment expires
State of
County of
(Seal and Stamp)
2019 Sealed Bid for Herbicide Application 9