APPLICATION PACKET BEACON HILL SEWER DISTRICT SMALL WORKS ROSTER

Transcription

1 COMMISSIONERS MONTE RODEN TED BRANCH DEAN TAKKO APPLICATION PACKET BEACON HILL SEWER DISTRICT SMALL WORKS ROSTER 1121 WEST SIDE HIGHWAY, KELSO, WA (360) FAX (360)

2 INDEX Application Notice 2 Small Works Roster Requirements 3 Application Form Sample Small Works Roster Contractor's Agreement Appendix A Appendix B

3 COMMISSIONERS MONTE RODEN TED BRANCH DEAN TAKKO To: Interested Contractors Re: Application Notice The District Commissioners have approved the adoption of a Small Works Roster under RCW which allows that on public works contract projects, when the estimated cost is more than five thousand dollars ($5,000) and less than two hundred thousand dollars ($200,000), the contract may be awarded to a contractor on a small works roster after competitively obtaining written or telephone quotations under the following conditions: The roster is comprised of all responsible contractors who have requested to be on the list. A good faith effort is made by the District to request quotations from at least three (3) contractors on the Small Works Roster by telephone or written quotations to ensure the establishment of a competitive price. Immediately after award, the quotations are to be recorded, opened for public inspection, and be available by telephone inquiry. The small works roster is updated once yearly. This packet contains the requirements and process for contractors to apply to be placed on the Small Works Roster for future quotations. Questions on the application process should be directed to Kim Adamson at (360) RETURN COMPLETED PACKETS TO THE APPROPRIATE ADDRESS BELOW: MAIL: Small Works Roster BEACON HILL SEWER DISTRICT 1121 West Side Highway Kelso, WA Cordially Yours, Kim Adamson General Manager 1121 WEST SIDE HIGHWAY, KELSO, WA (360) FAX (360) INFO@BEACONHILLSEWER.ORG

4 COMMISSIONERS MONTE RODEN TED BRANCH DEAN TAKKO SMALL WORKS ROSTER REQUIREMENTS: 1. TYPES OF WORK To establish the Small Works Roster, the BEACON HILL SEWER DISTRICT is inviting licensed and bonded contractors to submit applications for inclusion on the Small Works Roster to perform work on projects primarily related to standard underground installations and pump station repair and maintenance. Requirements for other types of work will be requested as the need arises. 2. CONTRACTOR QUALIFICATIONS Contractors submitting applications will be considered responsible if the contractor possesses qualifications sufficient to perform the work, including but not limited to, meeting applicable licensing, bonding, insurance certification and registration requirements. Applicants are required to fulfill the following criteria to be included on the Small Works Roster: a. On individual quotes over thirty five thousand dollars ($35,000) the contractor must provide a performance bond equal to 5% of the contract price for each project awarded. The District may accept annual bid/performance bonds. b. Provide the District with a Certificate of Insurance meeting the requirements of the sample Contract included in this packet on an annual basis for inclusion in the file. c. Agree to pay prevailing wages on public works projects and to file Intent to Pay and Affidavit of Wages Paid forms with the Department of Labor and Industries with copies of each provided to the District for each project completed. d. Agree to the withholding of 5% of the total contract payments until appropriate releases are received from the State of Washington (RCW 60.28) on each public works project. e. Hold the District harmless for contractor acts, omissions and errors. f. Sign an individual Small Works Roster Contract Agreement (see sample included in packet) for each and every project awarded. g. Provide tax identification number. Applicants deemed responsible through the above process will be included on the Small Works Roster for the succeeding calendar year. 3. ANNUAL UPDATING OF ROSTER The Small Works Roster will be updated annually by this process. Contractors not included on the initial roster may make application for inclusion to the roster 30 days prior to submitting project quotations WEST SIDE HIGHWAY, KELSO, WA (360) FAX (360) INFO@BEACONHILLSEWER.ORG

5 APPENDIX A

6 BEACON HILL SEWER DISTRICT SMALL WORK ROSTER APPLICATION Return this application back by mail or fax to: FAX: Kim Adamson Beacon Hill Sewer District 1121 West Side Highway Kelso, Washington Telephone: Company Name: Owner Name: Contact Person: Contact Person s Title: Mailing Address: Physical Address: Office Phone: Contact Person Cell Phone: Contact Person Pager: Fax: Company Web Address: Business Classification (specify date established as appropriate): You do not need to have a formal government certification to check these boxes (Self-designated). Woman Owned Minority Owned Federal Disadvantaged Business Individual: Partnership: Corporation: Washington State Contractor License Number: Note: A State Contractor or Specialty License is a minimum requirement to submit an application. UBI Number: Federal Tax ID or Social Security # L&I License Expiration date (For office use only):

7 Minimum Qualifications Minimum qualifications must be met. The District Manager reserves the right to reject at any time, including after an initial inclusion on the Roster, if the applicant is not responsible in the opinion of the District Manager. Do you have a current valid Contractors license and will you maintain the license while on the Roster? Yes: No: Have you successfully finished four public-agency construction projects? Yes: No: Have you been in business at least 3 years without interruption? Yes: No: Do you have a strong claims history, strong safety record (below 1.0 on the L&I rating), and strong financial history? Yes: No: Does any employee or official of any of the current participating roster agencies have any financial or other interest in your firm, which you know of? Yes: No: Insurance Requirements Applicant must have the following minimum insurance coverage in place at the time of application. General liability insurance of at least $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile liability of at least $1,000,000 per accident; Umbrella Liability of at lease $2,000,000 per occurrence and aggregate; and Ability to name the Public Agency, its employees and volunteers as an Additional Named Insured Do you currently maintain the minimum required insurance coverage? Yes: No: If no, describe any differences to the specified coverage amounts: Are there any current claims that are pending against this insurance policy? Yes: No: Contractor Financial History During the past five years, has the contractor been involved in any: Construction bond forfeiture; Yes: No: Construction litigation; or Yes: No: Claims exceeding ten percent of the contract price? Yes: No: Contractor History Provide dates for the periods within the past ten years that the contractor: Has not been an active contractor: Has not been a licensed contractor: Has been in bankruptcy, reorganization or receivership: Has owner been convicted of a felony? or N/A: or N/A: or NA: or NA: Has the company ever been disqualified by any public agency from participation in public contracts. Yes: or No: If yes, explain:

8 Contractor Safety Experience SOLE PROPRIETOR: This section will not apply to sole proprietors. Check box if you are a sole proprietor and skip this section. A sole proprietor is an individual that NEVER has employees working for him or her. List contractor s compensation Experience Modification Rate for the four most recent years. If score is above 1.0, provide explanation. Rates above 1.0 are subject to rejection. This rate is given to you every year from Labor & Industries. Your company receives a multi-page report each year, with these rates indicated. If you don t know this rate, call L&I or check their website at Please use the most recent year s OSHA log to provide the following: Number of lost workday cases: Number of fatalities: Does the contractor conduct project safety inspections? Yes: No: Does the contractor have a written Safety Program? Yes: No: Does the contractor have a safety orientation program for new hires? Yes: No: Does contractor have a safety program for foreman? Yes: No: How frequently do on-site crews hold safety meetings? List 4 jobs performed for a public agency. Those companies that do not yet have four public jobs will be rejected. BHSD reserves the right to independently contact references and declare responsibility. Name of Project #1: Owner s Name and phone: Prime Contractor (if not your firm): Dollar amount of your portion of the work: Month and year project completed: Name of Project #2: Owner s Name and phone: Prime Contractor (if not your firm): Dollar amount of your portion of the work: Month and year project completed:

9 Name of Project #3: Name of Owner s representative and phone: Prime Contractor (if not your firm): Dollar amount of your portion of the work: Month and year project completed: Name of Project #4: Name of Owner s representative and phone: Prime Contractor (if not your firm): Dollar amount of your portion of the work: Month and year project was completed: I swear under penalty of perjury that the above and attached information is correct, and that there are no known personal and/or organization conflicts of interest, which are prohibited by law: Authorized Company Signature: Date: Kim Adamson, Beacon Hill Sewer District, General Manager Date: Applications that are rejected will be discarded by BHSD.

10 The following identifies your company specialties. Mark any and all services you perform. Provide comments if desired: Building/General Contracting Excavation Trenchless Pipe Installation Traditional Underground Pipe Installation Valve Maintenance Pump Installation/Repair Sewer Cleaning/Inspection Diving Service Cleaning Electrical HVAC Underwater Repair Well Drilling Paving Fencing Landscaping Roofing Locating Services

11 APPENDIX B

12 Contract No. SMALL WORKS ROSTER CONTRACTOR S AGREEMENT THIS AGREEMENT, made on by and between Beacon Hill Sewer District of Cowlitz County, Washington, hereinafter called the District, and of, hereinafter called the Contractor. WITNESSETH that the District and the Contractor each in consideration of the agreements of the other, hereinafter set forth, do mutually agree as follows: 1. That the Contractor shall perform the services as herein designated as an independent contractor and not as an employee of the District, and the said Contractor will comply with all applicable rules, laws and regulations of the State of Washington, and of any and all other lawmaking bodies, and will use all of their own equipment and transportation in the performance of the services. The Contractor shall not make alterations or additions to the terms of this contract without written agreement from the District. 2. That the Contractor shall comply with all employment, prevailing wage and antidiscrimination laws applicable to the work here involved and that they shall be responsible for like compliance by any and all subcontractors who participate in the work. The Contractor on or before the date of commencement of work shall file a notarized statement with the District and with the Director of Labor and Industries certifying the rate of hourly wage paid or to be paid each classification of laborers, workmen, or mechanics employed upon the work by the Contractor or subcontractor which shall not be less than the prevailing rate of wage. Such statement and any supplemental statements which may be necessary shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries for approval of Statement of the Intent to Pay Prevailing Wages pursuant to Chapter RCW, and any additional charges that the Department of Labor and Industries may levy, shall be paid by the Contractor. The District shall have the right of verification and/or audit by its personnel of the information required to be supplied by this paragraph. DRAFT 3. The Contractor agrees to indemnify, defend, pay on behalf of and hold harmless the District, its officers, agents and employees, from and against any and all suits, claims, actions, losses, costs, penalties, and damages of whatsoever kind or nature, including attorney fees, arising out of, in connection with, or incident to the work of this Contract, or arising out of the presence of the Contractor or it s subcontractors, or their property, employees or agents, upon or in proximity to District property or any other property upon which the Contractor is performing any work called for in connection with this contract, except to the extent caused by the negligence of the District and/or an independent third-party Contractor on the project, even though some act or omission, negligent or otherwise, of the District may also be a cause of the loss or damage. In the event of litigation between the parties to enforce the rights under this paragraph, reasonable attorney fees shall be allowed to the prevailing party. This indemnification obligation shall include, but is not limited to, all

13 claims against the District by an employee or former employee of the Contractor, and the Contractor expressly waives all immunity and limitation on liability under any Industrial Insurance Act, other worker s compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such a claim. 4. All work shall be done and contacts with customers shall be handled with due regard to public relations. The Contractor agrees that complaints of any nature received from property owners or public authorities shall receive immediate attention. All complaints shall be reported to the District. 5. Service to be rendered by Contractor: 6. District agrees to pay the Contractor as follows: 7. Duration of Contract: 8. Insurance Coverage: The minimum requirements for insurance are set forth in Attachment A. The Contractor shall obtain and keep in force during the term of the Agreement public liability and property damage insurance in the amounts, coverage, and with companies as required and approved by the District. The District shall be specifically named as an insured in a policy with the same company which insures the Contractor or by an endorsement to an existing policy or the separate insurance carrier approved pursuant to RCW 48. A Certificate of Insurance and a completed insurance questionnaire shall be executed and delivered to the District at the time of execution of the Agreement. 9. Termination of Contract: The District may terminate the contract by notice in writing to the Contractor. The Contractor shall be paid for all work up to the date the Contractor receives the notice of termination. In addition, the District will pay the Contractor, in full and complete satisfaction and settlement for the Contractor s inconvenience, loss of anticipated profits, cost of removing the equipment from the site and all other expenses whatsoever, five percent (5%) of the difference between the contract price and the sum of the payments made to the Contractor for work done to the date of receipt of the notice of termination. In the event the Contract is terminated due to the failure of the Contractor to comply with provisions of the Contract, the District shall be entitled to all cost and damages arising from such breach of contract. 10. Performance Bond: DRAFT The Contractor shall file with the District a Performance Bond in a form acceptable to the District in the amount of $ as security for the faithful performance of the Agreement and the payment of all persons supplying labor and materials for the construction of the work. The surety furnishing the bond shall have a sound financial standing and a record of service satisfactory to the District and shall be authorized to do business in the State of Washington.

14 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. (CONTRACTOR S NAME) BEACON HILL SEWER DISTRICT COWLITZ COUNTY, WASHINGTON By: Name: Title: Date By: Name: Title: Date Attachments: Attachment A Insurance Specifications DRAFT

15 ATTACHMENT A Page 1 of 3 Beacon Hill Water and Sewer District INSURANCE SPECIFICATIONS 1.0 The contractor shall obtain and keep in force during the term of the contract, Commercial General Liability Insurance policies with insurance companies which have an A.M. Best's rating of "A VII" or better, and who are approved by the Insurance Commissioner of the State of Washington pursuant to Title 48 RCW. 2.0 Prior to the execution of the Contract, the Contractor shall purchase a Comprehensive General Liability insurance policy meeting the requirements set forth herein. The Contractor shall file with the District either a certified copy of all policies with endorsements attached, or a certificate of insurance with endorsements attached as are necessary to comply with these specifications. Failure of the Contractor to fully comply with the requirements regarding insurance will be considered a material breach of the Contract and shall be cause for immediate termination of the Contract and of any and all District obligations, regarding same. 3.0 The Contractor shall not begin work under the Contract or under any special condition until all required insurance has been obtained and until such insurance has been approved by the District. Said insurance shall provide coverage to the Contractor, subcontractors and District. The coverage so provided shall protect against claims from bodily injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the Contractor, his subcontractors, or by anyone directly or indirectly employed by either of them. 4.0 The insurance policies shall specifically name the District, its elected or appointed officers, officials, employees, agents and volunteers as insureds with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the contractor; or (b) products and completed operation of the Contractor, or (c) premises owned, leased or used by the Contractor. The insurance shall be maintained in full force and effect at the Contractor's expense throughout the term of the contract. Blanket endorsements including additional insureds as required by contract or agreement will not be accepted. 5.0 The District shall be given at least 45 days written notice of cancellation, nonrenewal, material reduction or modification of coverage. Such notice to shall be by "certified mail" to the District. 6.0 The coverages provided by the Contractor's insurance policies are to be primary to any insurance maintained by the District, except as respects losses attributable to the sole negligence of the District. Any insurances that might cover this Contract which are maintained by the District shall be in excess of the Contractor's insurance and shall not contribute with the Contractor's insurances. 7.0 The Contractor's insurance policies shall protect each insured in the same manner as though a separate policy had been issued to each. The inclusion of more than one Insured shall not affect the rights of any Insured as respects any claim, suit or judgement made or brought by or for any other Insured or by or for any employee of any other Insured. However this provision shall not increase the limits of the insurer's liability.

16 ATTACHMENT A Page 2 of 3 Beacon Hill Water and Sewer District 8.0 The General Aggregate provision of the Contractor's insurance policies shall be amended to show that the General Aggregate Limit of the policies apply separately to this project. 9.0 The Contractor's insurance policies shall not contain deductibles or self-insured retentions in excess of $10,000 unless approved by the District The Contractor's insurance policies shall contain a provision that the District has no obligation to report events which might give rise to a claim until a claim has been filed with the District's Board of Commissioners Types and Limits of Insurance Required: 11.1 Commercial General Liability A. $2,000,000 per occurrence liability(including bodily injury) 11.2 Property Damage liability A. $2,000,000 annual aggregate B. Employees and volunteers as Additional Insureds C. Premises and operations D. Broad form property damage including underground, explosion and collapse hazards (XCU) if applicable E. Products completed operations (through guaranty period) F. Blanket contractual G. Subcontractors H. Personal injury with employee exclusion deleted I. Employers liability (Stop Gap) 11.3 Automobile Liability A. $1,000,000 per accident Bodily Injury and Property B. Damage Liability including: 1. Any owned automobile 2. Hired automobiles 3. Non owned automobile 11.4 Umbrella Liability A. $2,000,000 per occurrence B. $2,000,000 aggregate 12.0 As an alternative to the above indicated Commercial General Liability and Umbrella Liability insurance policies the Contractor may provide the District with an Owners and Contractors Protective (OCP) policy with a limit of coverage of $5,000,000. If the Contractor provides an OCP policy, the contractor shall additionally provide the District with evidence that the Contractor s Commercial General Liability policy has been endorsed adding the District, its elected and appointed officials, officers, employees, agents and volunteers as Insureds for at least products completed operations coverage Providing of coverages in the stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits.

17 ATTACHMENT A Page 3 of 3 Beacon Hill Water and Sewer District 14.0 In addition the Contractor shall have its insurance Agent\Representative complete the Insurance Coverage Questionnaire contained in the proposal and attach it to the Certificate of Insurance for District's approval The Contractor shall maintain Worker's Compensation Insurance and\or Longshore and Harbor Workers Insurance as required by State or Federal statute, for all of his employees to be engaged in work on the Project under this contract and, in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance and\or Longshore and Harbor Worker's Insurance for all of the latter's employee's engaged in such work. The Contractor's Labor & Industries account number shall be noted on the Certificate of Insurance In the event any class of employees engaged in the work under this Contract is not covered under Worker's Compensation insurance or Longshore and Harbor Worker's insurance as required by State and Federal statute, the Contractor shall maintain and cause each subcontractor to maintain Employer's Liability Insurance for limits of at least $1,000,000 each employee for disease or accident, and shall furnish the Owner with satisfactory evidence of such The Contractor shall be solely and completely responsible for safety and safety conditions on the job site, including the safety of all persons and property during performance of the work. The services of the District's or engineer's personnel in conducting construction review of the Contractor's performance is not to include review of the adequacy of the Contractor's work methods, equipment, bracing, scaffolding, or trenching, or safety measures in, on, or near the construction site. The Contractor shall provide safe access for the Owner and its inspectors to adequately inspect the quality of work and the conformance with project specifications The Contractor shall be solely and completely responsible to perform all work and furnish all materials in strict compliance with all applicable state, city, county and federal laws, regulations, ordinances, orders and codes. The contractor's attention is directed to the requirements of the Washington Industrial Safety and Health Act, (WISHA), RCW The District will not pay any progress payments until the Contractor has fully complied with this section. This remedy is not exclusive and the District may take such other action as is available under other provisions of this contract, or otherwise in law The contractual coverage of the Contractor's policy shall be sufficiently broad enough to insure the provisions of the HOLD HARMLESS AND INDEMNIFICATION AGREEMENT of this contract Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from his operations under this contract.