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HomeMy WebLinkAboutAgreements/Contracts - Public Works (003)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PUBLIC WORKS REQUEST SUBMITTED BY: SHILO NELLIS CONTACT PERSON ATTENDING ROUNDTABLE: DAVE BREN CONFIDENTIAL INFORMATION: ❑YES BNO DATE: 1 Z/O9I24 PHONE:509-754-6082 brig: a a!mlj L 1:4 g I I III a M 1*41LURSHELVIVAN pop BAgreement /Contract ❑AP VouchersI ❑Appointment /Reappointment DARPA Related ❑Bids / RFPs /Quotes Award ❑Bid Opening Scheduled ❑Boards / Comm ittees ❑Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ❑Facilities Related ❑Financial ❑Funds []Hearing El Invoices /Purchase Orders ❑Grants —Fed/State/County ❑Leases ❑MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel El Petty Cash ❑Policies El Proclamations El Request for Purchase ❑Resolution ❑Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB uffmam joilk" 94151 i � �, FMBWT MEW WA MM -- CONTRACT WITH DEATLEY CRUSHING COMPANY, INC. FOR THE 2025 CRUSHING AND STOCKPILING FOR THE TOTAL OF $174047550.00 If necessary, was this document reviewed by accounting? ❑ YES ❑ NO ® N/A If necessary, was this document reviewed by legal? ® YES ❑ NO ❑ N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: DEFERRED OR CONTINUED TO: 4/23/24 CONTRACT THIS AGREEMENT, between the Board of County Commissioners of Grant County, State of Washington, acting under and by virtue of Chapter 36.77 of the Revised Code of Washington, as amended, hereinafter called the County, and Umwwfor Itself, its heirs, executors, administrators, successors and assigns, hereinafter calla the Contractor. WITNESSETH: That in consideration of the payments, covenants., and agreements, hereinafter mentioned, and attached and made a part of this agreement, to be made and performed by the parties hereto,, and the parties hereto covenant and agree as follows: DESCRIPTION OF WORK: 1. The Contractor shall do all work and furnish all tools, materials, and equipment necessary to improve and complete 202S Crushing and Stockpiling, located in Grant County, Washington, as proposed in a bid opened 1*00 P.M., Tuesday,, November 19,2024 in accordance with and as described in the herein attached plans and standard specifications, and in full compliance with the terms, conditions, and stipulations herein set forth and attached, now referred to any by such reference incorporated herein and made part hereof as fully for all purposes as if here set forth at length, and shall perform any alterations in or additions to the work covered by this contract and every part thereof and any force account work may be ordered as provided in this contract and every part thereof. 2. The Contractor shall provide and be at the expense of all materials, labor,, carriage,, tools, implements and conveniences and things of every description that may be requisite for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof. 3. The County hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and 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 conditions provided for in this contract and every part thereof. The County further agrees to employ the Contractor to perform any alterations in or additions to the work covered by this contract and every part thereof and any force account work that may be ordered and pay for same under the terms of this contract and the attached plans and specifications. 4. The Contractor for himself, and for his heirs, executors, administrators and assigns, and successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor, 5. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 2025 CRUSHING AND STOCK -PILING Contract -Page - I IN WITNESS WHEREOF, the said Contractors has executed this Instrument.. and the said Board of County Commissioners of Grant County has caused this Instrument to be executed b m f y i Ind n the name o said Board by its Members, duly attested by its Clerk, the day and year below �rritten, ardd the seal of said Board to be hereunto affixed on said date. 7AT4-1 ,�✓a� Of ow eoWa APPROVED AS TO FORM: day of , 202 Dqm ty PmmUirg Attwney toda of y - 2024► S��narhxe Print Nw" QehatiA Cxys Lr�%t� Lj� Firm Nww Address Ckv ok -14-1irs5o r.a. BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON `ember SNiNG AND STOCKPI � � -� Contract -Page 2 Bond No. 108093750 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, DeAtley Crushing Company, Inc. .. as principal, and Travelers Casualty and Surety Company -of America . a corporation organized and existing under the laws of the State of Connecticut as surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to Grant County, Washington, in the penal sum of One Million Four Hundred Four Thousand Five Hundred Fifty and no/100 Dollars ($ 1,404,550.00 _) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of Grant County, Washington. Dated at Bothell , Washington, this 6th day of December j 2024. The conditions of the above obligation are such that: WHEREAS, on November 19,, 2024, the Board of County Commissioners of said Grant County has let or is about to let to the Principal, a certain contract, the said contract providing for the improvement of 2025 Crushing and Stockpiling, located in Grant County, Washington, (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the said Principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold said Grant County harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said Principal, or any subcontractor in the performance of said work and shall indemnify and hold Grant County harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, and until the same is accepted, then and in that event this obligation shall be void but otherwise it shall be and remain in full force and effect. Countersigned: DeAtley Crush i f� Company, Inc. Hub International Northwest LLC Licensed Agent/Surety Co. 12100 NE 195th St., Ste 200 Bothell, WA 98011 ( 425 ) 489-4500 Firm, Street Address (No P.O. Box), Phone of Local Office of Agent Principal pany of America ana Brown Attorney -in -Fact, Surety Approved as to form: 12024 Prosecuting Attorney LUZJ LKU.**)HlNk3 AND '**)I UCKPILING Contract -- Page 3 A Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company -TRAVELERSJ 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 Heather L Allen, Dana Brown, Natalie C Chau, Emma C Dolleshell, Jim W Doyle, Chad M Epple, Jim S Kulch, Theresa A Lamb, Maxwell Martin, Michael A Murphy, Andy D Prill, S M Scoff, Steve Wagner, Adam Howard of Bothell, WA, their true and lawful Attorney (s)-in-Fact to sign, execute, sea[ 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 any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. UL HART FO R D ARTFOR I CONN. u' CONN !D) R 4th gRSd ON State of Connecticut By: City of Hartford ss. Robert L. Raney, Senior 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 NUtArW -mid. PU4,00 Anna P. Nowik, 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, recognizances, 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 RESOLVED, 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 relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -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. 1, 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 6th day of December , 2024 SuRer uttMmlrrrr V . .............. k y A A .0. 3 gl HARTFORD HARTFORD. �,n: CONN 9 CONN lr % $ 4 mfol It, '4141(11111• tilt0o Kevin E. Hughes�Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. I To: Board or'County Commissioners Date: November 19 1 2024 Grant County, Washington This certifies that the undersigned has examined the location of 2025 Crushing and Stockpiling, in Grant County, Washington, and that the plans, specifications and contract governing the work embraced in the improvement, and the method by which payment will be made for said work is understood. The undersigned hereby proposes to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available in accordance with said plans, specifications and contract and at the following schedule of rates and prices. 2025 Crushing and Stockpiling Note: Unit prices for all items, all extensions, and total amount must be shown. Please type or use ink. Please initi;;1;411 rh;knopiz stern Plan Item Description Price per Unit* Total Amount No. - --- N nnr*n AMA Quantity Dollars . Cents Dollars. Cents 100% Mobilizat' i ion At Lump SUM CirHi11i.11lll $105,000.00 Per Lump Sum 51-OCKPILING Mae Valley Pit #563 2 20..000.0 Crushed Surfacing Base Course in At Ton Stockpile — index #563, Mae Valley $5*39 $107 80a 00 --- P 1, t Per Ton 3 20,000.0 Crushed Surfacing Top Course in At Ton Stockpile — Index #563, Mae Valley $5,54 $110 800 00 Pit Per Ton 4 30..000,0 Special Crushed Coverstone in At Ton Stockpile — Index #563, Mae Valley $8a29 $248,700 00 Pit Per Ton Neppel Pit #577 .,000.0 Crushed Surfacing Base Course- in At Ton Stockpile ---Index #577, Neppel Pit $5.48 $27,400,100 Per Ton 6 5,000.0 Crushed Surfacing Top Course in At Ton Stockpile --Index #577, Neppel Pit $5.63 $28,150.00 Per ion 7 15,000.0 Special Crushed Coverstone in At Ton Stockpile — Index #577, Neppel Pit $8,38 $125, 7aa,aa PerTon 4U4DL-r1U-')t1 I NU AIN L) %j I UCKP I Ll NG Proposal -- Page 1 Item No. Plan Quantity I I Item Descriptiork Price per Unit* Dollars. Cents-, Total Amount Dollars. Cents - ---- - L-- Monument Hill Quarry #580 8 15,000.0 Crushed Surfacing Base Course in At Ton Stockpile — Index #580, Monument $7.40 $111,000,100 Hill Quarry Per Ton t9 30,000.0 Crushed Surfacing Top Course in At Ton Stockpile — Index #580, Monument $7*50 $225,000.wOo Hill Quarry Per Ton 10 30,000.0 Special Crushed Coverstone in r Ton Stockpile — Index #580., Monument $10.50 $315,000,000 I Hill Quarry Per Ton I I Contract Total $13404, 550.00 ZUL.') L.KU.")MINJU ANU b I ULAPILINU Proposal -- Page Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (11/19/2024), the bidder is not a "willful." violator, as defined in RCW 49.48.082, of any provision 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. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. DeAtley Crushing Company Bidder's Business Name Signature Authorized Official* Aaron Fitting Printed Name Vice -President Title 11/19/24 Lewiston Date City Check One: Sole Proprietorship M Partnership 0 Joint Venture 0 ED State Corporation State of Incorporation, or if not a corporation, State where business entity was formed: Idaho 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 for any other corporate officer accompanied by evidence of authority to sign). If a co -partnership, proposal must be executed by a partner. ZU/M k-KU-`)H1Nk3ANLJ S I UCKPILING Proposal — Page Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. NON -COLLUSION DECLARATION 1, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll - free "hotline" Monday through Friday, 8.'00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The uhotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected. DOT Form 272-0361 EF 07/2011 1U1.'3 LKU:)HINU AND 51 OCKPILING Proposal —Page 4 Proposal — Signature Page The bidder is hereby advised that by signature of this proposal he/she- is deemed to have acknowledged all requirements and signed all certificates contained herein. A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is s attached hereto: Cash 1:1 In the Amount of Cashier's Check F1 Dollars Certified Check 0 Payable to the Grant County Treasurer Proposal Bond In the Amount of 5% of the Bid Receipt is hereby acknowledged of addendurn(s) No.(s) _ & Signature of Authorized Official(s) Proposal Must Be Signed Aaron Fitting Please Print Name of Authorized Official Firm Name DeAtley Crushing Company Address 4307 Snake River Ave Lewiston, ID 83501 State of Washington Contractor's License No. DEATLCC01 3L3 Federal ID No. 82-0497265 Note: (1) This proposal form is not transferable and any alteration entered hereon without prior permission from the County Engineer will be cause for considering the proposal irregular and subsequent rejection of bid. (2) Please refer to section 1-02.6 of the standard specifications, re:"Preparation of Proposal" or "Article 4" of the instructions to bidders for building construction jobs. (3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication: FACVIaCU Of Z7J LUZ-") t_KU_'IHIrYU ANU 5I ULKFILING Proposal --Page 5 Am% a Statement of Contractor Qualifications To: Board of County Commissioners Date; November 19 2024 Grant County, Washington RE: 2025 Crushing and Stockpiling I hereby maintain that I am a responsible bidder as contemplated by the policies of the State of Washington and Chapter 36.77 of the Revised Code of Washington. 1. My permanent business name and address is DeAtley Crushing Company 4307 Snake River Ave Lewiston, ID 83501 which I have maintained for 24 years. My phone is 208 ) 743-6550 Fax 208) 743-6474 2. 1 have adequate plant equipment to expeditiously and properly perform the work contemplated for Grant County, Washington. Description of work: This contract provides for crushing, screening and stockpiling 170,.000 tons of crushed surfacing mineral aggregates and other work at three locations in Grant County, WA all in accordance with the attached Contract Plans, these Contract Provisions and the Standard Specifications. (Please list equipment to be used on this project. Attach list if necessary.) See Attached 3. 1 have adequate funds to promptly meet obligations incident to this work. (Provide bank, contact & phone.) a) Wells Fargo Bank b) c) 4. 1 have adequate experience in this class of work and I am thoroughly familiar with the specifications used in this project. I have constructed the following similar improvements: (Provide project name, contact & phone.) a ) Adams County Public Works 509-659-3276 b) Klickitat County Public Works 509-773-4616 C) Benton County Public Works 509-786-5611 5. 1 have submitted and maintain annually a "Standard Questionnaire and Financial Statement" to the Washington State Department of Transportation (WSDOT): Yes [I No 0 Region: WSDOT has determined: a) I am prequalified to in the amount of b) I have failed to be prequalified for the following reasons: The Contracting Agency may determine a prospective Bidder who is not prequalified to perform certain types of work within the financial and experience constraints determined by WSDOT to be not responsible and refuse to award a contract. The Board of County Commissioners shall proceed to award the contract to the lowest and best bidder but may reject any or all bids if in its opinion good cause exists therefor. (RCW 36-77.040) 1 hereby certify that the above statements are true and accurate. Very truly yoVrs, By: (Print Name) Aaron ' Fitting Company Name: DeAtley Crushing company Address: 4307 Snake River Ave City, State, Zip: Lewiston, ID 83501 Washington State Contractor's License No.: DEATLCC0131_3 Revised 4/02 2025 CRUSHING AND STOCKPILING Proposal --Page 6 AVIAMIk KNOW ALL MEN BY THESE PRESENTS: That we, DeAtley Crushing Companv, Inc. as Principal, and Travelers Casualand Sure!Company of America as Surety, are held and firmly bound unto Grant County, Washington, as Obligee, in the penal sum of Five percent, (5%) of the total amount bid Dollars ($_ 5% ) for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of the obligation is such that if the Obligee shall make any award to the Principal for 2025 Crushing and Stockpiling, located in Grant County, Washington, according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the Surety or Sureties approved by the Obligee; or if the principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 19th DAY ©F November 12024 DeAtley Crushing Corn ,pany, Inc. Principal ZUZS LKUbMINU AN U -"')I ULKPI LING Surety Travelers Casualty and Surety Company of America Attorney -in -Fact Dana Brown Proposal -- Page 7