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HomeMy WebLinkAbout041816_ca02615 Sheridan Street Port Townsend, WA 98368 r I � a www.JeffersonCounfyPublicHealfh.org Consent Agenda Pubi Healt February 29, 2016 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health Director Tami Pokorny, Environmental Health Specialist DATE: SUBJECT: Agenda Item —Project Agreement with Zephyr's INC of Allyn, WA; Upon Signature; for $16,675 + tax of $1,500.75 for a total of $18,175.75 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Project Agreement with Zephyr's INC of Allyn, WA; Upon Signature; for $16,675 + tax of $1,500.75 for a total of $18,175.75 ANJLYSIS STRATEGIC GOALS PRO'S and CON'S: Zephyr's INC is retained by the county to provide demolition, removal or decommissioning of alll manmade structures, materials, debris and on-site systems located on two properties, both of which are in either the Duckabush or Big Quilcene Floodplains. The project locations are Overbrook Lane (APN# 502171.006) and 195 Rodgers St. (APN# 991200301). This is a public works project and is paid for by RCO #12-1384C and #13-1221. Zephyr's INC is required to establish and maintain safe access and traffic control while undertaking its demolition services. Zephyr's INC will scarify driveways and other compacted areas, overlay native topsoil, and re -seed and mulch while Protection the site from erosion. This project is considered essential to the long-term restoration goals for the Big Quilcene River and the Duckabush River, and their estuaries. FISCAL IMPACT COST BENEFIT ANALYSIS: Funding for the Project Agreement is provided by RCO #12-1384C and #13-1221, both of which call for restoration measures as a component of their goals. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMENDATION: JCPH Management recommends BOCC signature of the Project Agreement with Zephyr's INC of Allyn, WA; Upon Signature; for $16,675 + tax of $1,500.75 for a total of $18,175.75 R E B Y: % 911'1'�Ohi 1p Morley 1 my Administra .T Date ____ Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 AGREEMENT Between JEFFERSON COUNTY, WASHINGTON And ZEPHYR'S INC. OF ALLYN, WASHINGTON THIS AGREEMENT entered into this _ day of — m 2016, by and between Jefferson County, a political subdivision and municipal corporation of the State of Washington, hereinafter referred to as "Jefferson County," and Zephyr's, Inc. of Allyn, WA 98524, hereinafter referred to as "Contractor;" in mutual desire of the parties hereto that Contractor should undertake and complete a certain Public Works Project on behalf of the Jefferson County, described as follows: Work Order: "Duckabush and Big Quilcene Demolition Project" 1.'� ablcui. rcrosg�l„itt�o�. Contractor shall undertake the performance of the said Public Works Project in Jefferson County, Washington. The Contractor shall provide all equipment and personnel necessary to A) undertake the work as contemplated by this Agreement and B) complete same in the time frame contemplated by this Agreement. 2. Sco e of IServices, Contractor agrees to perform the scope of work identified on Exhibit A, attached hereto, including the provision of all labor, materials, equipment, and supplies. Time of Performance. Contractor shall commence the work as contemplated by this agreement upon Notice to Proceed and shall pursue the work diligently and continuously until the project is completed. All on -the -ground work must be completed within 30 calendar days after written Notice to Proceed is issued. Should Jefferson County Environmental Health determine that the site or weather conditions are unsuitable for the performance of the Contractor's obligations under this Agreement, then the Time of Performance will be extended in time by the number of days equal to the delay. The County shall have sole discretion to determine the length of the delay and shall promptly convey to Contractor its determination that the delay has ended. 4. Manner oaf llei„Tornning Work. Contractor has examined the site of work and has decided the manner for performing all necessary labor. Contractor is aware that the work vicinity is a residential neighborhood and care must be taken to prevent unreasonable disturbance. 5. Character of Materials. Contractor has examined the site of work and has recognized and determined the character of the materials to be encountered, demolished and removed. 6. I:) l 1 Wig;, Contractor shall maintain a daily report of operations and a time log in a format to be approved by Environmental Health, and shall, upon request, promptly provide Environmental Health a daily copy of such log. Among other things, such log shall precisely specify the time of commencing work and the time of termination of work. Contractor shall record the times and the duration of all shutdowns for any purpose during the workday. 7. Per;l,�` i ts. Contractor shall pay for, obtain, and satisfy all necessary permits to undertake the work as contemplated by this Agreement unless specified otherwise in the bid documents. Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project 8. an? potilications, Contractor shall give appropriate notification to all necessary governmental agencies of its intention to undertake the work contemplated by this Agreement, which notifications shall be in addition to any other requirements of other said agencies. Contractor shall provide a copy of such notices to Environmental Health. 9. Contract Price,, The Contractor shall be paid by the County for completed work and for services rendered under this agreement as follows: a. The Contractor will be reimbursed for all work performed under the terms of this contract. Payment for the work provided by the Contractor shall not exceed $16,675.00, plus $1,500.75 Washington State Sales Tax, for the completion of this project without express written amendment signed by both parties to this Agreement. Funding for this contract will be provided by RCO grants # 12-1384C and #13-1221. If funding from RCO is withdrawn, reduced, or limited in any way after the effective date of this agreement, this contract may be renegotiated or terminated as provided herein. In the case that RCO grant amounts are reduced for any reason there shall be no obligation on the part of the County to expend its own funds or incur any expense in order to return the funding level to the amount listed above in section a. c. The Contractor may submit invoices to the County not more than once per month, but not less than quarterly, during the progress of the work for work completed to date. Such invoices will be checked by the County, and upon approval thereof, payment will be made to the Contractor in the amount approved. d. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. e. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Contractor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of six (6) years after final payments. Copies shall be made available upon request. 10. '11ine of Coiiipljtion an d_1.Jqgidated I)asnagcs., The work shall be commenced immediately after written notification to proceed by Environmental Health to the Contractor and shall be completed as indicated in paragraph 3, Time of Performance. Unless there shall have been an extension of time granted by Environmental Health, for each calendar day after the above time expires, for the completion of the work that remains uncompleted, Contractor shall pay Jefferson County the sum of one percent (1%) of the amount listed in Section 9.a above or $60 per day, whichever amount is greater, as fixed, agreed liquidated damages, and this sum is not to be in any sense a penalty. In the event that an extension of time is granted and completion does not occur on or before the extended deadline, then the Contractor shall pay Jefferson County as liquidated damages the specified amount per day for each day that the work remains uncompleted beyond the date or time fixed by the extension of time. Contractor does hereby authorize Jefferson County to deduct such liquidated damages from the amount due or to become due the Contractor. Contractor further agrees that any such deduction shall 2 Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project fulfillment of the entire contract or waive or nullify any other rights or privileges the County has pursuant to this Agreement. 11. flan rsltil) and (Jsc of Documents. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. 12 Omnp fiance with Laws, Contractor shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. 13. Indcnanifiscation The Contractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs and attorney's fees or any alternative resolution dispute costs, for any personal injury, any bodily injury, sickness, disease or death and for any damage to or destruction of any property to the extent caused by any act or omission of the Contractor, its employees, agents or volunteers. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW 'fitle 51, or by application of any other worker's cornpensation act, disability benefit tact or other employee benefit act, and the Contractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Contractor represent a material inducement to the County to enter into this Agreement, are reflected in the Contractor's compensation and have been mutually negotiated and agreed to by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 14. Ins tail..c,p,The Contractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48.05: a. Worker's compensation and employer's liability insurance as required by the State of Washington. This insurance shall have a minimum $1,000,000 liability cap. b. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence. c. Insurance policies and additional named insured endorsements obtained for the Contractor shall provide primary insurance coverage. Any third party liability coverage provided to the County by its membership or participation in a Ch. 48.62 RCW self-insurance program shall be excess and non-contributory to such insurance policies the Contractor is obligated to obtain and retain. All Contractor's liability insurance policies must be endorsed to show this primary coverage. d. Contractor must comply with all insurance requirements listed here. Failure to do so authorizes the County to withhold compensation otherwise due to the Contractor. e. The Contractor shall within 15 days of the execution of this Contract provide certificates of insurance naming the county as an additional insured on all policies except those listed in Section 14.b above, and the full texts any endorsements listed there. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies) it being the intention of the parties Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project that the insurance policies listed above shall protect both parties and be primary coverage for any and all losses covered by the above -listed insurance policies. It is further agreed by the parties that any and all deductibles made part of the above -listed insurance policies shall be assumed by, paid for and at the risk of the Contractor. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor or any subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Any subcontractor to the Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Contractor or any subcontractor to take out and/or maintain any required insurance shall not relieve the Contractor or any subcontractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment clue, or to become due, to the contractor or subcontractor until such time as the conlractor or subcontractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 15. Pr vailipg Wa e. It is the sole responsibility of Contractor and subcontractors to assign the appropriate classifications to all laborers, workmen or mechanics performing any work pursuant to any Public Works ks C;ontrac:t and to ascertain the applicable pre\oailing wage rates and fringe benefits ror each such c lassid`icatiora. Currcrat prevailing wage data can be obtained by Contractor born the baclustr°ial Statistician ofthe Departineitt ot'l_,aborancd hidustrics, 1'revaiIing Waage Office, P,O, Box 44540, Olympia, Washington 98504-4540, (360) 902-5335, or go to their website at ir�l,d.ia s .d�ri.E r gc� 1 p.1cN Get r�BnYtc_ 4' rt,11F rt:,lt�rdll'r adat,.t)tle/c9c tl��.tr NC G1,, 16. P ,b lor nr rage c Bond and Labor & Ma1:cr real I't_ymeq Bonds. Prior to execution of the contract, Contractor shall furnish Performance and Labor & Material Payment Bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder iia such form approved by the Owner and in the amount of one hundred percent (100%) of the contract. The bidder shall require the attorney -of -fact who executes the required bonds on behalf c:rf 1 -lie surety to affix thereto a certified and current copy of this power-of-aattoriicy indicating the morretary limit: of'such power. For contracts under $35,000 (including sales tax), in lieu of a performance bond, Contractor may provide written and signed request to have Jefferson County retain 50% of the contract price for 30 days following completion of all work or receipt of all necessary releases from the Department of Revenue, the Department of Labor and Industries, and settlement of any liens filed under chapter 60.28 RCW, whichever is later. 4 Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project For work that has no subcontractors and is $2,499.99 or less (including WSST), Jefferson County will file a combined Intent/Affidavit form signed by Contractor following completion of the work (this eliminates the $80.00 filing fee). Payment will be made in a single payment following completion of the work to Jefferson County's satisfaction and receipt of the signed combined Intent/Affidavit form. 17 Iix1erl?c n(,,,Ient Contractor, The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, or otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 18 ssi ninent and Subco„ntr actjng. Contractor shall not assign this Agreement or any interest therein nor subcontract the whole or any portion of the work contemplated by this Agreement, nor may any interest hereunder be assigned or transferable by operation of law, or by any process or proceedings of any court or otherwise, without the prior written consent of Jefferson County. Contractor shall, when intending to use subcontractors, provide Jefferson County with a Payment Bond as well as the list of the proposed subcontractors to be used to Jefferson County for approval prior to any subcontracting. 19 Subcontractor Ruspcarairbrlity. A. Contractor shall include the language of this section and the provisions of Section 14 above in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon requ si, Contractor shall promptly provide doemnentation to Environmental Health demonstrating; that the subcontractor meets the subcontractor responsibility criteria below and the insurance requirements imposed on the Contractor by Section 14 above. The requirernents of this section apply to all subcontractors, regardless of tier. B. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors naccts the hallowing bidder responsibility criteria: a. I lave a current cedificate of registration as a contraclor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; c. If applicable: i. Have Industrial Insurance coverage (workers' compensation) coverage for the bidder's employees working in Washington as required in Title 51 RCW; ii. Have a Washington Employment Security Department number as required in Title 50 RCW; and iii. Have a Washington Department of Revenue state excise tax registration number as required in Title 82 RCW; iv. An electrical contractor license, if required by Chapter 19.28 RCW; v. An elevator contractor license, if required by Chapter 70.87 RCW. vi. Not be disqualified from bidding on any public works contract under RCW 39.06.0 10 or 39.12.065(3); Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project 20. Waiver of Breach. Failure of Jefferson County to insist upon the strict performance of any of the covenants of this Agreement or failure to exercise any option herein conferred in any one or more instances shall not be construed to be a waiver or relinquishment of any other covenant of this Agreement or any subsequent default of same covenant or condition. 21. Insolvency_ If Contractor shall file a petition in bankruptcy, or if the Contractor shall be adjudged bankrupt or insolvent by any court, or if a receiver of the property of Contractor shall be appointed in any proceeding brought by or against Contractor, or if Contractor shall make an assignment form benefit of creditors, Jefferson County may, at its option, terminate this Agreement at any time. 22. Termination for Default. Time is of the essence of this Agreement. In the event Contractor shall fail to keep and perform any of the covenants or conditions of this Agreement contained, or should Contractor for any reason be unwilling or unable to carry out said Agreement, then Jefferson County may cancel this Agreement upon giving Contractor ten (10) days' notice in writing. 23. N,olic.e s. Notices to the County of Jefferson shall be sent to the following address: Tami Pokorny, Project Manager Jefferson County Environmental Health 615 Sheridan Street Port Townsend, WA 98368 Ph: 360/379-4498 Email: tpokorny@co.jefferson.wa.us Notices to Consultant shall be sent to the following address: Ronald A. Griffey, President Zephyr's, Inc. PO Box 35 Allyn, WA 98524 Ph: 360/275-2861 Email: rnvgriffey@aol.com 24. AtIttor i1gy 1 ee s -f`or Breach. -In the event of a breach of the contract by either party, the breaching party shall be liable to the non -breaching party for all damages sustained as a result thereof, including consequential damages, reasonable legal expenses incurred, expert witness fees and any costs of suit. 25. Di,scmr trlr�rnatxtrn Prohibited. he Contractor,with regard to the work perl"o�r�rned by it under this agreenient, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 26. In�tc gi*rtc,c Agrrrr�cral. This Agreement represent the entire and integrated agreement be the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both the County and Contractor. 27 ilr;Nllror i't l ,ucul� _ � err nLiL Contractor has authorized the person signing this Contract on its behalf to sign this Agreement and to bind the Contractor to all the terms and conditions listed herein. 0 Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project SIGNATURE PAGE DATED this day of Ronald A. Griffeesident Name of Consultant (Signature) UBI #601 706 026 Contractor's License #ZEPHYI — 033CO Employment Security Department #877209003 --— _.. Date JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chairwoman Phil Johnson, Member David W. Sullivan, Member P.,,ov,,,das to''dr only: David Alvarez Date �a Deputy Prosecuting Attorn. 7 Zephyr's, Duckabush and Big Quilcene Demolition Exhibit A Scope of Work This project involves two locations: 1. Overbrook Lane (Duckabush Floodplain) APN# 502 171 006 2. 195 Rodgers St. (Big Quilcene Floodplain) APN# 991 200 301 FOR EACH PROJECT LOCATION SEPARA TEL Y, establish and maintain safe access and traffic control, demolish remove or decommission and haul to an approved waste site, <a.11..naanmadc sir -t: etarb"� , anaateyi1 alsU de -ba as and on-s;itc ,„)rsl�tZLi�s located on each site, scarify driveways and other compacted areas, overlay native topsoil, and re -seed and mulch while protecting the site from erosion such that: • Reasonable access is established. Vehicle, pedestrian and nearby property owner safety is assured. Roads are restored to original condition after work is completed. • Any necessary permits and authorizations from Jefferson County Public Works and utility providers are obtained. (Deanolition permits will be applied for by Environmental Health.) • All existing utility connections are safely located, discontinued, disconnected and removed. • All buried utilities are protected from damage. • Remains of all structures, tree house, concrete, lumber, beams, appliances and man-made debris, household waste and all litter are removed and disposed of properly. • Any and all roadside culverts, surface drains, and driveway entrances are removed and the ground re-contoured to match the existing ditches. • Any spoils frown the roadside ditches are used to bring the existing grades under the demolished or removed buildings to be level with the adjacent present grades. • Existing trees are protected from damage to the extent feasible. • There is no trespassing onto adjacent properties. • Driveways, parking areas, and other areas devoid of vegetation are ripped to a depth of at least twelve inches and overlain with adjacent topsoil to a depth of at least six inches. • All disturbed areas are finely graded or raked in preparation for seeding. • All disturbed areas are hand -seeded with a mixture of weed -free native grasses and overlain with generous quantities of clean straw. Grass seed mix is to be approved in advance by Jefferson County. • The final project site is clean and tae,c of litter and manmade materials, matches existing contours, seeded and controlled for erosion, and ready for replanting with bare root seedlings. The Contractor shall provide all labor, raaateriaals, tools, equipment, transportation and services and shall perform, all work required for executing the Contract in a satisfactory and professional mannerto provide a coaaapalcte protect. Care shall Lie'taaken to aninimize disturbance to nearby property owners while work is in progress. Work schedules and access shall be coordinated through Jefferson County Environmental Health. Work may be suspended by the County at any time due to rain or adverse soil conditions. Vehicle and equipment parking on-site during the project is at the owner's own risk. Solid waste removed from the site shall be disposed of at the Jefferson County Transfer Station in Port Townsend or Olympic View Transfer Station in Bremerton. Materials shatll not. be dumped at the Jefferson County transfer station located in Quilcene. Household hazardous waste, such as paint, solvent, etc., which must be disposed of at the Jef'f'erson or Kitsap County Moderate Risk Waste Facility. The C ontraactoa slalITtll parav d r�.cca,lg as proof that all materials have been disposed of in an acceptable manner. Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project The ContractorIall be responsible 1"or k,ny aq, irll dul -t; incurred including fees at all Jefferson and Kitsap County facilities. Burning of materials by the contractor (either on- or off-site) is not allowed by Washington State law, unless conducted by a Fire Department as a training fire, subject to all applicable permits and regulations. No such training fire will be conducted as part of this project. OJ Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a 3 -year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation. Name of Contractor (Please print) Name and Title of Authorized Rep1rescntativ (Please print) Signature of Authori ❑ I am unable to certify to the above statement. An explanation is attached. 10 Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN $35,000 A. A Contract Bond will be provided as required. Date Signed B. In lieu of providing a Contract Bond, the County will withhold 50% of the Contract amount. 1 Date a� � �� .4 Signed ge a 11 Duckabush ands Quilcene!'esProject CONTRACT BOND JEFFERSON COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That _ of as Principal, and as Surety, are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal sum of _ ..... Dollars $ _,_for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents. The condition of this bond is such that WHEREAS, on the day of , A.D., 2009,_the said Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said ,,m,— ____.........— Principal herewith, agrees to furnish all materials and do certain work, to -wit: That the said Principal herein will undertake and complete the following described work: in Jefferson County, Washington, as per maps, plans and specifications made a part of said contract, which contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length. NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said contract, in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said contract, upon the terms proposed therein, and within the tinge prescribed therein, quad until the name is accepted, and shall pay all laborers, mechanics, subcoritraetors and materialm n, and all persons who shall supply such coratrractor or subcontractor with provisions and srapl-)lies for the carrying on of such work, and shall in all respects faithfully perforin said contract according to law, then this obligation to be void, otherwise to remain in full force and effect. WITNESS our hands this day of 200,. PRINCIPAL 15 APPROVED AS TO FORM ONLY this day of...................-........ , 200........_• Prosecuting Attorney SURETY COMPANY By: Attorney-in-fact Address of local office and agent of surety company: 12 Zephyr's, Inc. - Duckabush and Big Quilcene Demolition Project CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until (30) days following final acceptance of the work. Date � Signed B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subject to withdrawal until after final acceptance of the work. Date Signed C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. I hereby designate said funds. as the repository for the escrow of I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Date Signed 13