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HomeMy WebLinkAbout081020_ca07 615 Sheridan Street Port Townsend, WA 98368 c9e ,ison www.JeffersonCountyPublicHealth.org Consent Agenda Public HealthJuly 8, 2020 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Pinky Mingo, Interim Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: SUBJECT: Agenda Item — Project Agreement with Swoffold Excavating LLC; Upon Signature — October 15, 2020; $32,000 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Project Agreement with Swoffold Excavating LLC; Upon Signature — October 15, 2020; $32,000 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: Swoffold Excavating LLC is retained by the County to demolish and remove houses, outbuildings, on-site systems, fencing and other improvements from 10 Fremont and 231 Rodgers St.; the remains of a trailer from )OOC Muncie Ave.; remove solid waste from 161 Rodgers St.; and remove invasive trees and large shrubs from three of the properties, and replant disturbed areas with provided materials. All properties are located in Quilcene, WA (APN#s 991200401, 991200407, 991200305, 991200304 and 991201101). FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for the Project Agreement is provided by RCO #15-1189, Big Quilcene River Floodplain Key Pieces, and RCO #17-1052, Big Quilcene Riparian Protection, with project match from the Public Works Big Quilcene Flood Account. There is no impact to the Jefferson County General Fund for this agreement. RECOMMENDATION: JCPH Management recommends BOCC signature of the Project Agreement with Swoffold Excavating LLC; Upon Signature — October 15, 2020; $32,000 REVIEWED B 1/((2-0- 2z-} --Philip Morley, ou ty Administrator Date Community Health Environmental Public Health Developmental Disabilities 360-385-9444 360-385-9400 (f) 360-379-4487 360-385-9401 (f) Always working for a safer and healthier community CONTRACT JEFFERSON COUNTY,WASHINGTON THIS AGREEMENT,made and entered into this day of ,2020,between the COUNTY OF JEFFERSON,acting through the Jefferson County Commissioners under and by virtue of Title 36, R.C.W, as amended and Swofford Excavating LLC of Washougal,WA hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. That the Contractor herein will furnish all labor and equipment to undertake and complete the following described work summarized below for the total sum of thirty-two thousand dollars and no cents($32,000.00)in accordance with and as described in the attached plans and specifications as described in the Scope of Work and in the AIA Document A201 2007 `General Conditions of the Contract for Construction' which are by this reference incorporated herein and made a part hereof.The Contractor shall perform any alteration in or addition to the work provided in this contract and every part thereof. The work schedule is to be coordinated with the project manager to reduce impacts of activities. Project Summary: Demolish and remove houses, outbuildings, on-site systems, fencing and other improvements from 10 Fremont and 231 Rodgers St.; the remains of a trailer from XXX Muncie Ave.; remove solid waste from 161 Rodgers St.; and remove invasive trees and large shrubs from three of the properties, and replant disturbed areas with provided materials.All properties are located in Quilcene,WA(APN#s 991200401, 991200407, 991200305, 991200304 and 991201101). Time of performance is prior to October 15,2020 during appropriate soil and weather. The Contractor shall complete the described work within 30 days of the Notice to Proceed and with a completion date no later than October 15,2020. The Contractor shall provide and bear the expense of all equipment,work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof,upon receipt of a fully executed change order. 2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the condition provided for in this contract.The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for himself,and for his heirs,executor, administrators, successors,and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The insurance policies required shall provide that thirty(30)days prior to cancellation,suspension,reduction or material change in the policy,notice of same shall be given to the County Risk Manager by registered mail,return receipt requested,for all of the following stated insurance policies. 1 If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met,or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due The Contractor. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. B. General Liability(1)-with a minimum limit per occurrence of one million dollars($1,000,000)and an aggregate of not less than two million dollars($2,000,000)for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual/Commercial Liability including completed operations(contractors only); 4. Premises-Operations Liability(M&C); 5. Independent Contractors and Subcontractors;and 6. Blanket Contractual Liability. (1)Note: The County shall be named as an additional insured party under this policy. C. Automobile (2) - with a minimum limit per occurrence of$1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles; 2. Hired automobiles;and, 3. Non-owned automobiles. (2)Note: The County shall be named as an additional insured party under this policy. 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 shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. 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 to take out and/or maintain any required insurance shall not relieve The Contractor 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 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 that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of The Contractor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts 2 provided herein,or any portion thereof,may be withheld from payment due,or to become due,to the Contractor until such time as the Contractor 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. Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch.48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate of coverage indicating the County is an"additional insured"to a policy obtained by the Contractor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement. The County may,upon the Contractor's failure to comply with all provisions of this contract relating to insurance,withhold payment or compensation that would otherwise be due to the Contractor. 5. The Contractor shall comply with all Federal, State,and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. The Contractor shall indemnify and hold the County,and its officers,employees,and agents harmless from and shall process and defend at its own expense, including all costs,attorney fees and expenses relating thereto,all claims, demands,or suits at law or equity arising in whole or in part, directly or indirectly,from the Contractor's negligence or breach of any of its obligations under this Agreement;provided that nothing herein shall require a Contractor to indemnify the County against and hold harmless the County from claims,demands or suits based solely upon the conduct of the County, its officers,employees and agents,and;provided further that if the claims or suits are caused by or result from the concurrent negligence of: (a)the Contractor's agents or employees;and,(b) the County, its officers,employees and agents,this indemnity provision with respect to claims or suits based upon such negligence,and/or the costs to the County of defending such claims and suits,etc.,shall be valid and enforceable only to the extent of the Contractor's negligence,or the negligence of the Contractor's agents or employees. Claims against the County shall include,but not be limited to assertions that the use and transfer of any software,book,document,report,film,tape,or sound reproduction of material of any kind,delivered hereunder, constitutes an infringement of any copyright,patent,trademark,trade name,or otherwise results in an unfair trade practice or an unlawful restraint of competition. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense,the Contractor specifically waives any immunity under the state industrial insurance law,Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W.4.24.115 and was subject of mutual negotiation. 6. The Contractor's relation to the County shall be at all times as an independent Contractor,and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant,and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other 3 customary reimbursable expenses that may be provided in an agreement. 8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that the Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for payment of all obligations of the Contractor. For contracts of$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract 0 Bond;the County will withhold 10% of the Contract amount in accordance with R.C.W 39.08.010. If applicable, the Contractor will indicate this option on Exhibit D. 9. The Contractor will declare a management option of the statutory retained percentage on Exhibit E. nX Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived INDEX OF EXHIBITS X Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion nExhibit B: Certification of Compliance with Wage Payment Statues I^I Exhibit C: Contract Bond,Jefferson County, Washington nExhibit D: Contractor's Declaration of Option for Contracts for Less Than $150,000 X Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Exhibit F: Recreation and Conservation Office Unanticipated Discovery Plan I^I Exhibit G: Contractor's Covid-19 Jobsite Plan 4 IN WITNESS WHEREOF,the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor ,2020 Contractor: Swofford Excavating LLC By: Debra Swofford (Signature) State of Washington Contractor's License#SWOFFEL809DC COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Greg Brotherton,Chair David W. Sullivan,Member Kate Dean,Member Approved as to form only: 01 ( /1/4 -—--- 74 4/:9 43 Philip C.Hunsuc er Date Chief Civil Deputy Prosecutor 5 SCOPE OF WORK This project involves four locations in Quilcene, WA: At 10 Fremont Ave.: Quotes for this location shall reflect costs to establish and maintain safe access and traffic control,demolish, remove or decommission,and haul to an approved waste site, all manmade structures,impervious surfaces, privately-owned utility pole,materials,debris,household wastes,and the on-site system located on this site and to rip and make the driveway,parking areas,and other compacted areas,and re-seed,mulch,replant and install plant tubes,and remove a laurel hedge while protecting the site from erosion such that: • Household hazardous wastes are first and foremost collected and then disposed of as required by Jefferson or Kitsap County. Receipts for disposal of these items specifically to also be provided by Contractor. • The refrigerator is disposed of as required by Jefferson or Kitsap County.Receipts for this item specifically to also be provided by Contractor. • Remains of all structures,concrete,lumber, appliances and man-made debris,household waste and all litter are removed and disposed of properly. The decommissioned well is to remain intact. • All onsite components(except drain field gravel)to be decommissioned,removed,and disposed of as solid waste with JCPH staff present. Before removal,tank(s)is pumped by an approved on-site pumper followed by rinsing with at least 50 gallons of water and re-pumping. The exterior of the tank is well rinsed and drained prior to loading. Tank decommissioning form to be signed by pumper and Contractor. • Any and all roadside culverts, surface drains,and driveway entrances are removed and the ground re- contoured to match the existing ditches. • Laurel hedge located along the property line between 10 Fremont and 161 Rodgers St., is removed,roots and all,and holes filled in with native soil. • 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. • The property is thoroughly surveyed on foot for residual litter and litter is removed. • Driveways,parking areas,and other areas devoid of vegetation are ripped and combined with native soil in order to be easily plant-able to a depth of at least eighteen inches. • All disturbed areas are reseeded(seed to be provided by JCPH), overlain with clean straw to a depth of 4", replanted on approximately 12' centers(bare root plants and/or plugs to be provided by JCPH),and protected with tree tubes(stakes and flat tube sheets to be provided by JCPH). • Plants are planted by hand shovel with roots fully extended and watered with 5 gallons of water. • The final project site is clean and free of litter and manmade materials,essentially level, seeded, planted and controlled for erosion,and ready for replanting with bare root seedlings. At 161 Rodgers Street: The existing house,on-site system,and impervious surfaces located at 161 Rodgers St.will be removed under a separate contract.Quotes for the subject project shall also reflect costs at this site to establish and maintain safe access and traffic control and remove and haul to an approved waste site,all debris and household wastes located at the back of this property as well as certain invasive trees/shrubs such that: • Man-made debris, lumber,concrete,vehicle parts,household waste and all litter,primarily located near the eastern property boundary,are removed and disposed of properly. The decommissioned hand dug well is to remain intact. • Holly tree south of home is removed,roots and all,and hole filled in with native soil. • Bamboo plants located along Rodgers Street and between this property and 195 Rodgers Street (991200301)are removed roots and all and holes filled in with native soil. • Existing trees are protected from damage to the extent feasible. • All disturbed areas are reseeded(seed to be provided by JCPH),overlain with clean straw to a depth of 4", 6 replanted on approximately 12' centers(bare root plants and/or plugs to be provided by JCPH),and protected with tree tubes(stakes and flat tube sheets to be provided by JCPH). • Plants to be planted by hand shovel with roots fully extended and watered with 5 gallons of water. 231 Rodgers St. Quotes shall also reflect costs to establish and maintain safe access and traffic control,demolish,remove or decommission,and haul to an approved waste site,all manmade structures, impervious surfaces,materials,debris, household wastes,and the on-site system located on this site and to remove the top 6"of gravel from the driveway, rip it and all other compacted areas to a depth of 18",and re-seed,mulch,replant and install plant tubes,and remove a laurel hedge and certain other invasive trees while protecting the site from erosion such that: • Household hazardous wastes are first and foremost collected and disposed of as required by Jefferson or Kitsap County. Receipts for these items specifically to also be provided by Contractor. • Remains of all structures,concrete,lumber, appliances and man-made debris,household waste and all litter are removed and disposed of properly. The decommissioned well is to remain intact. • All onsite components(except drain field gravel)to be decommissioned,removed,and disposed of as solid waste with JCPH staff present.Before removal,tank(s)is pumped by an approved on-site pumper followed by rinsing with at least 50 gallons of water and re-pumping.The exterior of the tank is also well rinsed and drained prior to loading. Tank decommissioning form to be signed by pumper and Contractor. • Top 6"of gravel in the driveway and parking areas are removed and disposed of properly. • Propane distribution lines and any other pipes present are removed and disposed of properly. • Steel culvert at back of property is 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. • Laurel hedge and holly trees are removed,roots and all, and holes filled in with native soil. • All chain link fence posts and anchors are removed and holes filled in with native soil. • 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. • The property is thoroughly surveyed on foot for residual litter and litter is removed. • Driveways,parking areas, and other areas devoid of vegetation are ripped and combined with native soil in order to be easily plant-able to a depth of at least eighteen inches. • All disturbed areas are reseeded(seed to be provided by JCPH),overlain with clean straw to a depth of 4", replanted on approximately 12' centers(bare root plants and/or plugs to be provided by JCPH),and protected with tree tubes(stakes and flat tube sheets to be provided by JCPH). • Plants are planted by hand shovel with roots fully extended and watered with 5 gallons of water. XXX Muncie Avenue Quotes shall also reflect costs at this site to establish and maintain safe access and traffic control and remove and haul to an approved waste site the remains of a trailer located at the northern edge of the property such that: Existing tree seedlings are protected from damage to the extent feasible. All litter is removed from the former location of the trailer. • The access route and all disturbed areas are reseeded(seed to be provided by JCPH),overlain with clean straw to a depth of 4",replanted on approximately 12' centers(bare root plants and/or plugs to be provided by JCPH),and protected with tree tubes(stakes and flat tube sheets to be provided by JCPH). All properties: • All permits and fees to be applied for and paid by Contractor. • Reasonable access is established.Vehicle,pedestrian and nearby property owner safety is assured.Roads are restored to original condition after work is completed. • Corners and perimeter of the site are located.They will be flagged by Public Health. • All remaining utility connections are safely located,discontinued,disconnected and removed. • All power poles to remain and buried utilities are protected from damage. 7 • Existing trees are protected from damage to the extent feasible. • There is no trespassing onto adjacent private properties. • The final project sites are clean and free of litter and manmade materials,essentially level,and disturbed areas are seeded and replanted with bare root seedlings and controlled for erosion. 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 Public 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 the Kitsap County Olympic View Transfer Station.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. The Contractor shall be responsible for any and all dump or tipping fees incurred including fees at all County facilities(i.e.the Transfer Stations and the Moderate Risk Waste Facilities located in Jefferson or Kitsap County). Burning of materials by the contractor(either on-or off-site)is not allowed. 8 EXHIBIT A 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 Representative(Please print) Signature of Authorize Representative ❑ I am unable to certify to the above statement. An explanation is attached. EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date( ),the bidder is not a"willful"violator, as defined in R.C.W 49.48.082, of any provision of chapters 49.46,49.48, or 49.52 R.C.W, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder's Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship n Partnership Joint Venture Corporation State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice-president(or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. EXHIBIT C CONTRACT BOND JEFFERSON COUNTY,WASHINGTON KNOW ALL PERSONS 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.,20 , 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 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 time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, 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 ,20 PRINCIPAL SURETY COMPANY By: By: By: Attorney-in-fact Address of local office and agent of surety company: EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN $150,000 A. A Contract Bond will be provided as required. Date Signed B. In lieu of providing a Contract Bond,the County will withhold 10%of the Contract amount. Date Signed EXHIBIT E 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 as the repository for the escrow of said funds. 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 D. I hereby elect to provide a Retainage Bond in accordance with R.C.W 60.28.011. Date Signed EXHIBIT F Unanticipated Discovery of Cultural Resources and Human Skeletal Remains Page 11 PLAN AND PROCEDURES FOR THE UNANTICIPATED DISCOVERY OF CULTURAL RESOURCES AND HUMAN SKELETAL REMAINS 1.INTRODUCTION The following Unanticipated Discovery Plan (UPD) outlines procedures to follow, in accordance with state and federal laws, if archaeological materials or human remains are discovered. It is the responsibility of the grant recipient (Sponsor) to ensure all staff(and subcontracted entities) working on the project is familiar with this plan. 2. RECOGNIZING CULTURAL RESOURCES A cultural resource discovery could be prehistoric or historic. Examples include: • accumulation of shell, burned rocks, or other food related materials, • bones or small pieces of bone, • area of charcoal or very dark stained soil with artifacts, • stone tools or waste flakes (i.e. an arrowhead, or stone chips), • clusters of tin cans or bottles, logging or agricultural equipment that appears to be older than 50 years, • buried railroad tracks, decking, or other industrial materials. When in doubt, assume the material is a cultural resource. 3. ON-SITE RESPONSIBILITIES STEP 1: STOP WORK. If an employee, contractor, subcontractor or volunteer believes that he or she has uncovered a cultural resource at any point in the project, all work in the immediate area of the discovery must stop (typically a 10 foot radius, but depends on site conditions). The discovery location should be secured at all times. STEP 2: NOTIFY MONITOR. If there is an archaeological monitor for the project, notify that person. If there is a monitoring plan in place,the monitor will follow its provisions. STEP 3: NOTIFY PROJECT MANAGEMENT. Contact the RCO Grants Manager and sponsoring entity's Project Manager. Recreation and Conservation Office RCO Grants Manager (360)-902-3000 If you can't reach the Grants Manager, contact the project's alternate point of contact or RCO's Cultural Resources Coordinator Sarah Thirtyacre (360) 902-0243 sarah.thirtyacre@rco.wa.gov The Grants Manager or their designated Alternate Contact will make all other calls and notifications. Plans Procedures for the Unanticipated Discovery of Cultural Resources or Human Skeletal Remains 2015 Page I If human remains are encountered, treat them with dignity and respect at all times. Cover the remains with a tarp or other materials (not soil or rocks) for temporary protection in place and shield them from being photographed. Do not call or speak with the media about the remains specifically. 4. FURTHER CONTACTS AND CONSULTATION A. Project Manager's Responsibilities: • Protect Find:The grant sponsor's Project Manager is responsible for taking appropriate steps to protect the discovery site. All work will stop in an area adequate for the total security, protection, and integrity of the resource.Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed following provisions for treating archaeological/cultural material as set forth in this document. • Direct Construction Elsewhere On-site: The grant sponsor's Project Manager may direct construction away from cultural resources to work in other areas prior to contacting the concerned parties. • Contact the Department of Archaeology and Historic Preservation (DAHP): If the DAHP has not yet been contacted;the RCO Grants Manager will do so. • Identify Find: The grant sponsor's Project Manager and RCO will ensure that a qualified professional archaeologist examines the find to determine if it is archaeological. This will either be an archaeological consultant hired by the Project or staff from DAHP. • If the discovery is determined not archaeological,work may proceed with no further delay. • If the discovery is determined to be archaeological, the Project Manager will continue with notification. ■ If the discovery is human remains or funerary objects, the Project Manager will ensure that the DAHP State Physical Anthropologist examines the find. If the discovery is determined to be human remains, the procedure described in Section 5 will be followed. • Notify DAHP: The grant sponsor's Project Manager and RCO will contact the involved federal or permitting agencies (if any) and the Department of Archaeology and Historic Preservation (DAHP). Department of Archaeology and Historic Preservation: Robert G. Whitlam, Ph.D. Dr. Guy Tasa State Archaeologist State Physical Anthropologist (360) 586-3080 (360) 586-3534 rob.whitlam@dahp.wa.gov guy.tasa@dahp.wa.gov The RCO will contact the interested and affected Tribes. Plans Procedures for the Unanticipated Discovery of Cultural Resources or Human Skeletal Remains 2015 Page 13 B. Further Activities • Archaeological discoveries will be documented as described in Section 6. • Construction in the discovery area may resume as described in Section 7. 5. SPECIAL PROCEDURES FOR THE DISCOVERY OF HUMAN SKELETAL MATERIAL Any human skeletal remains, regardless of antiquity or ethnic origin, will at all times be treated with dignity and respect. • If the project occurs on federal lands (e.g., national forest or park, military reservation) or Indian lands (e.g., reservations, allotments, communities) the provisions of the Native American Graves Protection and Repatriation Act of 1990 apply, and the responsible federal agency will follow its provisions. Note that state highways that cross federal and Indian lands are on easements and are not owned by the state. • If the project occurs on non-federal lands, it will comply with applicable state laws, and the following procedure: A. Notify Law Enforcement Agency or Coroner's Office: • In addition to the actions described in Sections 3 and 4, the Project Manager will immediately notify the local law enforcement agency or coroner's office. • The coroner (with assistance of law enforcement personnel) will determine if the remains are human,whether the discovery site constitutes a crime scene, and will notify DAHP. B. Participate in Consultation: • Per RCW 27.44.055, RCW 68.50, and RCW 68.60, DAHP will have jurisdiction over non-forensic human remains. C. Further Activities: • Documentation of human skeletal remains and funerary objects will be agreed upon through the consultation process described in RCW 27.44.055, RCW 68.50, and RCW 68.60. • When consultation and documentation activities are complete, construction in the discovery area may resume as described in Section 7. 6. DOCUMENTATION OF ARCHAEOLOGICAL MATERIALS Archaeological deposits discovered during construction will be assumed eligible for inclusion in the National Register of Historic Places under Criterion D per 36CFR800.13(c) until a formal Determination of Eligibility is made. If the project does not have a federal nexus/compliance requirement, contact the Project Manager or DAHP regarding the possible need for an Emergency Excavation Permit per RCW 27.53. In general, expect that: • All prehistoric and historic cultural material discovered during project construction will be recorded by a professional archaeologist on State of Washington cultural resource site or isolate form using standard techniques. Site overviews,feature, and artifacts will be photographed; stratigraphic profiles and soil/sediment descriptions will be prepared for subsurface exposures. Discovery locations will be documented on scaled site plans and site location maps. Plans Procedures for the Unanticipated Discovery of Cultural Resources or Human Skeletal Remains 2015 Page 14 • Cultural features, horizons and artifacts detected in buried sediments may require further evaluation using hand-dug test units. Units may be dug in controlled fashion to expose features, collect samples from undisturbed contexts, or interpret complex stratigraphy. A test excavation unit or small trench might also be used to determine if an intact occupation surface is present. Test units will be used only when necessary to gather information on the nature, extent and integrity of subsurface cultural deposits to evaluate the site's significance. Excavations will be conducted using state-of-the-art techniques for controlling provenience. • Spatial information, depth of excavation levels, natural and cultural stratigraphy, presence or absence of cultural material, and depth to sterile soil, regolith, or bedrock will be recorded for each probe on a standard form. Test excavation units will be recorded on unit-level forms, which include plan maps for each excavated level, and material type, number, and vertical provenience (depth below surface and stratum association where applicable) for all artifacts recovered from the level. A stratigraphic profile will be drawn for at least one wall of each test excavation unit. • Sediments excavated for purposes of cultural resources investigation will be screened through 1/8-inch mesh, unless soil conditions warrant 1/4-inch mesh. • All prehistoric and historic artifacts collected from the surface and from probes and excavation units will be analyzed, catalogued, and temporarily curated. Ultimate disposition of cultural materials will be determined in consultation with the federal agencies (if any), DAHP, and the affected tribes. If assessment activity exposes human remains (burials, isolated teeth, or bones), the process described in Section 5 above will be followed. 7. PROCEEDING WITH CONSTRUCTION Project construction outside the discovery location may continue while documentation and assessment of the cultural resources proceed. A Cultural Resources Specialist (either from DAHP, a consulting Tribe, or a professional consultant) must determine the boundaries of the discovery location. In consultation with DAHP and affected tribes, the RCO and the grants sponsor will determine the appropriate level of documentation and treatment of the resource. If federal agencies are involved,the agencies will make the final determinations about treatment and documentation. Construction may continue at the discovery location only after the process outlined in this plan is followed and DAHP (and the federal agencies, if any) determine that compliance with state and federal laws is complete. 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C U U ce C O .E •O 4— U a z D O O co Cl) J O t[f ovC.) 9O q � `E � �. x ' .'� r 4 ; o b _C ;' k s • CC/ xn'� S* S „- '' I f ir k , il.!..',, 7 .ti $'-` t- xa —i — € ter * t �/� L � " -C .!. r,I \ V/ a) a) D U V > U f ���a �i"h wf Cl) m12 ca O - E 3 c OV ;;I:-,.:1.4-r.l'ili•-:-. N N O N !, . O O .0 O � V w t = o L^\�` Tup (W +£ • ^ Fy Jk:*t, *' t Mgr >�' M O. L CI o __ U A+ L WL. O I. i E CD E Cl �., ._ �., . Cl) - - m .4t 4 0 N M r ti a4 4, 0 3 O re 0 u) 4r R N q h v i N w m w, # .',,,I,- t 5 s Om ..:4 ' ,,,,,:i:,,, 1,4 i iiirn „,. I ''''' 1 CD L 'O . . E G) O ; Om v ism._ * may t ..s a . 1. E w -' ' � _ 3. EXHIBIT G COVID-19 Jobsite Safety Plan COVID-19 Phase 2 Jobsite Safety Plan for Swofford Excavating LLC at Jobsite Big Quilcene Floodplain 1 May 28, 2020 Phase 2 Jobsite Safety Plan GENERAL INSTRUCTIONS A. Overview This COVID-19 Plan is an addition to our existing Accident Prevention Plan. It addresses Swofford Excavating LLC and worker's responsibilities to keep ourselves and our communities safe from this virus. B. Procedures This document contains guidance for safety procedures to be followed and forms to be used. Supervisors are expected to integrate the procedures into the appropriate work activity and workers are expected to apply them on the job. The sample forms are to be used if they apply to the job concerned. C. Dissemination A copy of this statement will be issued to all supervisory and management personnel. A copy of the policy statement will be posted on company safety and health bulletin boards and at the following locations: 1. On Job Site— Big Quilcene Floodplain Demo 2. 211 Nagel Rd Washougal, WA 98671 D. Regulations A copy of the following documents will be maintained on each jobsite: 1. Proclamation by the Governor 20-25. 2. Proclamation by the Governor 20-25.1. 3. Proclamation by the Governor 20-05. 4. DOSH Directive 1.70. 1.11111 5. Washington State Department of Health Workplace and Employer Resources and Recommendations. 2 May 28, 2020 Phase 2 Jobsite Safety Plan COMPANY POLICY LETTER SAFETY AND HEALTH POLICY FOR Swofford Excavating LLC The purpose of this policy is to increase the already high standard of safety throughout all operations of Swofford Excavating LLC by adding protections related to the COVID-19 outbreak. This addition to our Accident Prevention Program will continue in effect throughout Phase 2 of the reopening, as defined by the Governor's "Stay Home, Stay Safe" order (20-25). Phase 2 allows all construction, including activities for which social distancing may not be maintained and the start of new construction projects. These activities will be performed in compliance with "Phase 2 Construction Restart COVID 19 Jobsite Requirements" bulletin, posted by the Governor on May 15, 2020. If circumstances change to the rules and regulations of COVID-19 between now and the time of construction, Swofford Excavating LLC will abide by the regulations and put in place all rules necessary to keep the workers and community safe. Swofford Excavating LLC is committed to fulfilling the Phase 2 Construction Restart COVID-19 Jobsite Requirements. We are also committed to keeping ourselves and our communities healthy. 0.16/V- ah k----.•(-'''/""-* Signed, = •ra Swofford 3 May 28, 2020 Phase 2 Jobsite Safety Plan RESPONSIBILITIES A. Management Officials In this time of crisis and necessary distancing, Swofford Excavating LLC encourages workers and managers to communicate without face to face contact as often as possible. To that end, all managers must have their cell phones on their person with the ringer turned on while they are at work. Managers should provide their cell phone numbers to their team members and encourage calls whenever a question arises that can be resolved over the phone. B. Supervisors In addition to the standard safety supervision, Swofford Excavating LLC] must designate a COVID-19 Supervisor who is responsible for monitoring the health of workers and enforcing this Jobsite Safety Plan. [If your jobsite is a single-family residential site AND there are 6 or fewer people at the site at one time, your COVID-19 Supervisor does not have to be on site at all times. Otherwise, a COVID-19 Supervisor must always be at the jobsite when work is happening. The COVID-19 Supervisor maybe doing normal work on the site as well.] Debra Swofford and Joe Swofford are COVID-19 Supervisors for this site. C. Workers Observe the items of responsibility established in this document as well as job safety rules which may apply to specific task assignments. 4 May 28, 2020 Phase 2 Jobsite Safety Plan EXPOSURE CONTROL - ILLNESS AT THE WORKSITE A. Identification of Illness 1. All workers must be screened before beginning their shift by asking them if they have a fever, cough, shortness of breath, fatigue, muscle aches, or new loss of taste or smell. Any worker with a temperature of 100.4°F or higher is considered to have a fever and must be sent home. 2. Workers may take their temperature at home and report the results to the employer, along with answering the screening questions, before reporting to work. If a worker does not have a thermometer at home, the employer will provide one. 3. If the company takes temperatures at the worksite, they shall be 'no touch' or `no contact' to the greatest extent possible. If a `no touch' or `no contact' thermometer is not available, the thermometer must be properly sanitized between each use. 4. If a worker has symptoms of an acute respiratory illness, such as fever, cough, or shortness of breath, they must leave the worksite and not return until they have been evaluated by a healthcare provider. 5. The COVID-19 Supervisor has the authority to send someone who is exhibiting symptoms of an acute respiratory illness home. 6. Any worker or manager on this jobsite must seek medical care and inform their Supervisor if they have an acute respiratory illness. 7. If a family member has a confirmed case of COVID-19, workers and managers must notify their Supervisor. That worker must stay home. For a full list of recommendations, see the Washington Department of Health Home Isolation Guidance, available at: https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/COVIDexpo sed.pdf 8. If a worker or manager tests positive for COVID-19, they should not return to work until they receive a release from a medical practitioner. 9. If a worker believes it is not safe to work, the worker shall be allowed to leave. Payment will be governed by the Families First Coronavirus Response Act expanded family and medical leave requirements. 10.Workers coming from states that do not share a border with Washington must self-quarantine for 14 days before working on the jobsite. 5 May 28, 2020 Phase 2 Jobsite Safety Plan B. Documentation and Reporting 1. OSHA deems COVID-19 a reportable illness, that should be recorded in OSHA 300 to , re uirin a Form 301 and the incident investi ation report form, . This will only be done if an employee has a confirmed case that, after appropriate assessment, is deemed work-related. 2. If a worker at this jobsite has a confirmed case of COVID-19, all workers who may have been exposed will be notified. However, the identity and any other information related to the infected worker will not be disclosed. Workers who receive a notice of exposure must follow the CDC's recommendations for community exposure, available at: https://www.cdc.gov/coronavirus/2019- ncov/php/public-health-recommendations.html MITIGATION — SAFETY BULLETIN BOARD The following items are required to be posted: 1. CDC Recommendations on Hand Hygiene. 2. Name and contact information for the COVID-19 Supervisor(s). 6 May 28, 2020 Phase 2 Jobsite Safety Plan MITIGATION — WORK CREW SAFETY MEETINGS, COVID ADDITIONS A. Purpose To add training on the special COVID-19-related safety measures that are currently necessary. This training will be provided to workers in the language they understand best. *Note to employers: This means you must present information in workers' native languages. B. Procedures In addition to the required weekly trainings, the following guidelines will be followed for COVID-19 training: a. Trainings are held at the beginning of each job, on the first day of returning to work after the 'Stay home, Stay Healthy' order, and at least weekly thereafter. b. Training will also be provided on the first day at work, or back at work, for any worker. c. Attendance at these trainings will be taken orally, with only the trainer writing down names of those in attendance to avoid pen-sharing. d. Social distancing must be maintained during these trainings, and at all other times on the job site. e. The Job Hazard Analysis (JHA) for each type of task performed at the jobsite will be reviewed, discussing appropriate PPE for that task. C. Scope of Activities 1. Educate workers on how to use PPE. 2. Educate workers on hand washing requirements. 3. Educate workers on social distancing requirements. 4. Accept and evaluate worker suggestions. 5. Review job procedures and recommend improvements. 6. JHA review 7. Monitor the safety program effectiveness. 8. Promote and publicize safety. D. Documentation The sample form training guide for workers is available to assist in documenting activities of crew/leader meetings. There is also a Safety Meeting Notice form to print and copy to announce your next safety meeting. A Job Hazard Analysis (JHA) will be completed to identify moderate and high- risk activities on the jobsite and document the procedures necessary to mitigate the exposure risk. Using the JHA provided, analyze the risk for tasks on your jobsite and document your evaluation. Then, use the appropriate level of PPE for that risk level. [See A F B `Hari of Analysts] 7 May 28, 2020 Phase 2 Jobsite Safety Plan MITIGATION - GENERAL COVID-19 SAFETY RULES FOR WORKERS Note to employers: if you cannot make available all the PPE mentioned below available, the site must be closed. 1. All workers must maintain a 6-foot distance from others on the work site at all possible times. When 6 feet of separation cannot be maintained, the JHA must be thoroughly reviewed by all workers who must engage in work without 6 feet of distance prior to beginning that work. 2. After reviewing the JHA for their tasks, workers must comply with the PPE recommendations from the JHA. 3. No gatherings are permitted. This includes gatherings during lunchbreaks. Lunch and other breaks must be taken in shifts. 4. [You are required to identify and mitigate areas that are likely to make social distancing difficult, like trailers, hallways or break areas. Site specific application example, "Only 2 people may be in the job trailer at one time."] 5. Maintain a 6-foot distance, even when receiving or making deliveries. 6. At a minimum, all workers on jobsites with more than one person (worker, resident, vendor, etc.) present must wear the Cloth Face Coverings or masks Swofford Excavating LLC provides. [You are required to provide Cloth Face Coverings which meet the Department of Health Guidelines, found at https://www.doh.wa.gov/Portals/1/Documents/1600/corona virus/ClothFacemas ks.pdf] If a worker is totally alone on a jobsite, that worker is only required to wear the protective face covering dictated by existing WACs for debris and other hazards. 7. Appropriate Eye Protection for all hazards must be worn at all times on the jobsite. [You are required to provide eye protection for all workers, not just those at risk of debris] 8. Workers must wash hands regularly, including before and after using the restroom, before and after eating, after sneezing, and after blowing your nose. 9. Workers engaged in cleaning must wear long sleeves and disposable gloves. 10. Workers emptying garbage must wear disposable gloves. 11. All workers must be familiar with the cleaning schedule for their jobsite and comply with its requirements. 8 May 28, 2020 Phase 2 Jobsite Safety Plan 12. [If jobsite is an occupied home] Workers should maintain a distance of 10 feet fro m all site re sidents. 13. Tools must not be shared unless absolutely necessary. If sharing is necessary, disinfect the tool between users. 14. If you are feeling sick or in contact with someone with a confirmed case of COVID-19, GO HOME! 15. If you feel yourself developing a fever, cough, or shortness of breath at any time, tell your Supervisor when symptoms arise. 16. Workers with symptoms of an acute respiratory illness must seek medical care immediately and inform your Supervisor over text or phone call. 17. If a worker or someone in their household is confirmed to have COVID-19, they must inform their supervisor. 18. If a worker goes home sick, their workspace must be cleaned immediately. SAFETY DISCIPLINARY POLICY Regardless of the existing safety disciplinary policy, failure of a worker to comply with this COVID Safety Policy will result in the worker being sent home, with or without pay, during the emergency actions. 9 May 28, 2020 Phase 2 Jobsite Safety Plan MITIGATION - COVID-19 SAFETY RULES FOR Sw offord ord Excavating 9 1. Swofford Excavating LLC will provide enough Cloth Face Coverings and appropriate eye protection for all workers. 2. Swofford Excavating LLC will provide ample soap and handwashing stations with running water. [When running water is not available, portable washing stations, with soap, are required, per WAC 296-155-140 2(a) — (t). Alcohol- based hand sanitizers with greater than 60% ethanol or 70% isopropanol can also be used, but are not a replacement for the water requirement.] 3. Swofford Excavating LLC will provide disinfectant and cleaning supplies throughout the worksite. 4. Swofford Excavating LLC will direct a worker to disinfect communal surfaces frequently. 5. Swofford Excavating LLC will provide trash cans throughout the site. 6. Swofford Excavating LLC will create a site-specific cleaning schedule that complies with part 3 of DOSH Directive 1.70 [See Appendix B, 1-13]. This schedule should address all common-touch surfaces, such as porta-potties, shared tools, storage areas, or office areas. 10 May 28, 2020 Phase 2 Jobsite Safety Plan EXPOSURE RESPONSE PROCEDURE 1. If a worker or someone in their household is confirmed to have COVID-19, they must inform their supervisor. 2. Upon learning that a worker has COVID-19, Swofford Excavating LLC will inform fellow workers of their possible exposure to COVID-19 in the workplace, without breaching the infected worker's confidentiality as required by the Americans with Disabilities Act. 3. Any worker who receives such a notice must follow Public Health Recommendations for Community-Related Exposure. 4. If a worker has a family member sick with COVID-19, that worker must follow the isolation/quarantine requirements as established by the State Department of Health. 5. If a worker reports feeling sick and goes home, the area where that person worked will be immediately disinfected. 11 May 28, 2020 Phase 2 Jobsite Safety Plan POST-EXPOSURE RECOVERY PLAN 1. After a worker with a confirmed case of COVID-19 has left the worksite, all areas where that person worked must be thoroughly disinfected. 2. Swofford Excavating LLC will provide ample disinfectant and cleaning supplies for this purpose. 3. Swofford Excavating LLC will direct a worker to perform this cleaning while wearing long sleeves, gloves, a cloth face covering, and eye protection. 4. Supervisors will encourage workers to monitor their own wellness and to stay home if any symptoms arise. 12 May 28. 2020 Phase 2 Jobsite Safety Plan