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AMENDMENT NO. 1: ZEPHYR'S, INC OF ALLYN, WA — DUCKABUSH AND BIG
QUILCENE DEMOLITION PROJECT
AMENDMENT NO. 1 TO JEFFERSON COUNTY DUCKABUSH AND BIG QUILCENE
DEMOLITION PROJECT AGREEMENT WITH ZEPHYR'S, INC.
WHERAS, Zephyr's, Inc. of Allyn, WA (Contractor) and Jefferson County (County) entered into an
agreement on April 18th, 2016 for professional services in connection with the Duckabush and Big
Quilcene Demolition Project in Jefferson County, Washington.
WHERAS, the parties desire to amend the terms of the agreement.
IT IS AGREED BETWEEN BOTH PARTIES AND NAMED HEREIN AS FOLLOWS:
1. PURPOSE: To amend the agreement between Jefferson County, hereinafter referred to as `the
County' and Zephyr's, Inc. of Allyn, WA, hereinafter referred to as `Contractor'.
2. IT IS MUTUALLY AGREED this Amendment to the agreement amends item number nine (9) to
increase the reimbursement for work performed under the terms of this contract by $1,250 plus
$112.50 in Washington State Sales Tax,
3. IT IS MUTUALLY AGREED this Amendment to the agreement amends Exhibit A, Scope of
Work: Contractor will remove a concrete slab totaling 160 square feet and approximately 40
cinderblocks from the Duckabush Wetlands Preserve. The concrete and cinderblocks are to be
hauled to Peninsula Topsoil in Belfair for recycling.
4. All other terms and conditions of the original agreement remain in full force and effect. The
effective date of this amendment is May 12, 2016.
IN WITNESS WHEREOF: the parties have signed this amendment.
JEFFERSON COUNTY
Kathleen Kler, Chair Date
Jefferson Board of County Commissioners
Approved as form Drd
)�
Jefferson Co. Prosecutor' Mee
David Alvarez, Chief Civil DPA
ZEPHYR'S INC.
7—J 1-1 .
Ron Griffey Date
Zephyr's Inc.
AGREEMENT
Between
JEFFERSON COUNTY, WASHINGTON
And
ZEPHYR'S INC. OF ALLYN, WASHINGTON
THIS AGREEMENT entered into this Lay of 2016, by and between Jefferson County, a
political subdivision and municipal corporation of the Sta 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"
I . Project Designation. 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. Scope of Services. 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 perfonnance 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 detennination that the delay has ended.
4. Manner of Performing 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. Daily Log. 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. Permits. 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. Agency Notifications. 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 terns 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.
b. 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 perfonned, 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. Time of Completion and Liquidated Damages. 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
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Zephyr's, h7c. - Duckabush and Big Juilcene Demolition Project
fulfillment of the entire contract or waive or nullify any other rights or privileges the County has
pursuant to this Agreement.
11. Ownership and Use 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. Compliance 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. Indemnification 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 Title 5l, or by application of any other worker's compensation
act, disability benefit act 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. Insurance. The Contractor shall obtain and keep in force during the terns 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. - Dzuckabush and Big uilcene 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 due, or to become
due, to the contractor or subcontractor until such time as the contractor 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. Prevailing Wage. 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 Contract and to ascertain the applicable prevailing wage rates and fringe benefits
for each such classification. Current prevailing wage data can be obtained by Contractor from the
Industrial Statistician of the Department of Labor and Industries, Prevailing Wage Office, P.O. Box
44540, Olympia, Washington 98504-4540, (360) 902-5335, or go to their website at
]ni Baa gov!'1'-ad esLicensin0Prev Wa�ze/Wage Rates/Printable/default.asp.
16. Performance Bond and Labor- & Material Payment 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 in 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 of the surety to affix
thereto a certified and current copy of this power-of-attorney indicating the monetary 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.
Zephyr's, Inc. - Duckabush and Big ,uilcene Demolition Project
For work that has no subcontractors and is $2,499.99 or less (including WSS T ), 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. Independent 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. Assignment and Subcontracting. 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 Responsibility.
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 request, Contractor shall promptly provide documentation 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
requirements 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 meets the following bidder responsibility criteria:
a. Have a current certificate of registration as a contractor 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
39.06.010 or 39.12.065(3);
Zephyr's, Inc. - Duckabush and Bid —Iuilcene Demolition Project
20. Non -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. Notices. Notices to the County of Jefferson shall be sent to the following address:
Tam] Pokorny, Project Manager
Jefferson County Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Erna]1: tpokomy@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. Attorney Fees for 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. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this
agreement, 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. Integrated Agreement. This Agreement represent the entire and integrated agreement between 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. Authority to Execute Agreement. 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 Bid Juilcene Demolition Project
SIGNATURE PAGE
DATED this day of 2016
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Ronald A. Griffey, President
Name of Consultant Kathle Oer airwoman
(Signature) Phil Jo
mbe
UBI #601 706 026
Contractor's License #ZEPHYI — 033CO
Employment Security Department #877209003 David Y7. S'ullivhn, Member
-�
r Date
ZVCproved as to for nly: 3 � I J_
4
David Alvarez Date
Deputy Prosecuting Attorney
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Zephyr's, Inc. - Duckabush and Bio zitilcene Demolition Project
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 SEPARATELY, establish and maintain safe access and traffic control,
demolish, remove or decommission, and haul to an approved waste site, all manmade structures,
materials debris and on-site systems 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. (Demolition 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 from 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 free of litter and manmade materials, matches existing contours,
a controlled ro- with bare root seedlinac
Seeded ar�u CGlitrGii�u ivi erosion, and ready for replanting �-a�•
The Contractor shall provide all labor, materials, tools, equipment, transportation and services and shall
perform all work required for executing the Contract in a satisfactory and professional manner to provide
a complete project. Care shall be taken to minimize 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 shall 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 Jefferson or Kitsap County Moderate Risk Waste Facility. The
Contractor shall provide receipts as proof that all materials have been disposed of in an acceptable
manner.
Zephyr's, Inc. - Duckabush and Bio _,uilcene Demolition Project
The Contractor shall be responsible for any and all du np or tipping fees 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 pen -nits and regulations. No such training fire will be conducted as part of this project.
Zephyr's, 171c. - Duckabush and Big ,,itilcene 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.
E login? s _L&O
Name of Contractor (Please print)
Name and Title of Authorized Representative (Please print)
Signature of Authorize Wes*htative
I am unable to certify to the above statement. An explanation is attached.
10
Zephyr's, Inc. - Duckabush and Big 2ttilcene Demolition Project
CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS IRAN
$35,000
A. A Contract Bond will be provided as required.
Date Signed
B. In lieu of providing a Contract Bond, the County will withhold 50% of the Contract amount.
Date /Z Signed
Zephyr's, Inc. - Duckabush and Bib 2uilcene Dernalition Project
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That
as Principal, and
COUNTY OF JEFFERSON, the penal sum of
of
as Surety, are jointly and severally held and bound unto the
Dollars ($I_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
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 terns,
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 terns proposed therein, and
within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors
and rnaterial_men, and all persons who shall_ supply such contractor or subcontractor with provisions and supplies for
the carrying on of such work, and shall in all respects faithfully perform 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 1200 --
PRINCIPAL 200_.
PRINCIPAL
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 B7., - uilcene 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 & - A,
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.
1 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
615 Sheridan Street
Port Townsend, WA 98368
Affrvn www.JeffersonCountyPublicHealth.org
jonrIn
Public Heglt May 6, 2016ncanf AgJ
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: �L l l I / ZD/ �,
SUBJECT: Agenda Item —Amendment #1, Project Agreement with Zephyr's INC of Allyn,
WA; Upon Signature; for $1,250.00 + tax of $112.50 for a total of $1,352.50
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Amendment #1, Project Agreement with Zephyr's INC
of Allyn, WA; Upon Signature; for $1,250.00 + tax of $112.50 for a total of $1,352.50
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
Zephyr's INC is retained by the county to provide demolition, removal or decommissioning of all 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# 502171006) 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 remove a concrete slab totaling 160 sq. ft., and
remove approximately 40 cinderblocks. All debris will be hauled to Peninsula Topsoil in Belfair for recycling.
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 Amendment #1, 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 Amendment #1, Project Agreement with Zephyr's INC of
Allyn, WA; Upon Signature; for $1,250.00 + tax of $112.50 for a total of $1,352.50
Date
Developmental Disabilities
360-385-9400
360-385-9401 (f) Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
Public Hea
I Lp----I z 0
615 Sheridan Street
Port Townsend, WA 98368
www.JeffersonCountyPublicHealth.org
WO -1 6 -229 -Al
CONTRACT REVIEW FORM MAY 1
2016
CONTRACT WITH: Zephyr's INC. of Allyn, WA
CONTRACT FOR: Project Agreement TERM:
COUNTY DEPARTMENT
For More Information Contact:
Contact Phone #:
Upon Signature
Jefferson County Public Health
Tami Pokorny
X498
a 2b
RETURN TO: Denise Banker RETURN BY: ASAP r i.� A �r
AMOUNT: $1,250.00 + $112.50 in WA State
Tax for a total of $1,356.50
Revenue:
Expenditure: $1,352.50
Matching Funds Required:
Source(s) of Matching Funds:
Step 1: REVIEW BY R
Review by:
Date Revie�
APPROVED FORM
ments:
PROCESS: 0 Exempt from Bid Process
❑ Consultant Selection Process
❑ Cooperative Purchase
❑ Competitive Sealed Bid
❑ Small Work Roster
❑ Vendor List Bid
x❑ RFP or RFQ
0 Other:
urned for revision (See Comments)
Step 2: REVIEW BY PR ��_4k N
Review by: T- I V
Date Reviewed:
APPROVED AS TO FORM rn
Retue o re i i (See Comments)
Comment
(This form to stay with contract throughout the contract review process)
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