HomeMy WebLinkAbout082420_ca03 615 Sheridan Street
Port Townsend, WA 98368
cerfelson www.JeffersonCountyPublicHealth.org
Consent Agenda
Public HealthAugust 10, 2020
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Pinky Mingo, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: August 24, 2020
SUBJECT: Agenda Item — Project Agreement with Mahan Log and Lumber LLC; Upon
Signature — October 15, 2020; $36,471
STATEMENT OF ISSUE:
Jefferson County Public Health requests approval of Project Agreement with Mahan Log and Lumber LLC; Upon
Signature — October 15, 2020; $36,471
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
In partial implementation of the previously approved Big Quilcene River Floodplain Key Pieces Project (RCO
#15-1189), Mahan Log and Lumber LLC is retained by the County to remove the house located at 161 Rodgers
St., Quilcene from its foundation on APN #991200407 and to transport it across Rodgers Street and APN
#702243019 intact and undamaged.
The Treasurer's Office held a public auction of the house on July 9, 2018 with a $500 minimum bid. No bids
were received. Due to the grant requirement to remove this historic house for salmon habitat restoration
purposes, the widely shared desire not to demolish it, and the inherent complexity of lifting, transporting and
re-establishing it in an eligible ready location, this agreement is proposed as sole source consistent with JCC
3.55.170.
Mahan Log and Lumber will demolish and properly dispose of the foundation, concrete steps, basketball court,
old well cover and any other remnants of improvements on APN #991200407. The Contractor will also
decommission the on-site system and remove and properly dispose of the tank as well as protect soils and
reseed, replant, protect and mulch disturbed areas of APN #991200407 and APN #702243019.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for the Project Agreement is provided by RCO #15-1189, Big Quilcene River Floodplain Key Pieces,
with matching funds from the Public Works Big Quilcene Floodplain Account. The cost to perform this work was
established through independent estimate by Diggin' It!
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (t) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
RECOMMENDATION:
JCPH Management recommends BOCC signature of the Project Agreement with Mahan Log and Lumber LLC;
Upon Signature — October 15, 2020; $36,471
REVIEWED BY:
Morley, Coun Administrator_3 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
615 Sheridan Street
qG,son Port Townsend, WA 98368
O www.JeffersonCountyPublicHealth.org
Public HeelCuA
TO: Tami Pokorny,Natural Resources Program Coordinator
FROM: FILE
DATE: August 21,2020
RE: Sole Source Justification for Mahan Log& Lumber,LLC to remove house from 161
Rodgers St.
Pursuant to RCO 32.04.280 and County Code JCC 3.55.170,this contract qualifies for a sole source
procurement process. Paul Mahan of Mahan Log and Lumber, LLC has been working with Tami Pokorny
in Public Health since early 2020 to develop a project to save the house located at 161 Rodgers Street in
Quilcene from demolition. This historic home,built in 1920,must be relocated outside of FEMA-
designated flood zones as part of the Big Quilcene River Floodplain Key Pieces project,RCO#15-1189.
Mr. Mahan has developed a plan and brought in partners to lift and move the house, identified landowners
who are ready and willing to accept the house despite its flaws and the costs involved, and facilitated the
necessary partnerships to enable the house to be transited cross-country 0.25 miles to a new location.
Mahan Log and Lumber, LLC is clearly and justifiably the only practical source to save the house for the
following reasons:
• Mahan Log and Lumber is an experienced general contractor that has relocated two homes within
the past year.
• Mahan Log and Lumber,LLC is willing to accomplish the removal,and associated on-site
decommissioning and clean up,at the same cost as demolition.
• Paul Mahan is a long-time Quilcene resident who understands the community's desire to avoid
demolition and to ensure that the house serves another Quilcene family long into the future.
• Paul has worked directly with Jefferson County departments to vet this project and its
complexities. He is highly recommended by the Hood Canal Salmon Enhancement Group,which
originally suggested that Tami contact Paul.
• Paul considered the limitations on transport of the house imposed by costs and transmission line
locations,reached out to community members nearby,and fielded questions. He worked to
inventory concerns and potential solutions at the receiving location and has communicated with
the PUD and partners over several months.
• Paul's knowledge of the diverse elements of the project is exceptional.
• Paul's approach and responsiveness throughout the process have been exemplary.
• Paul is willing to work within the grant and weather timelines.
• Paul is has demonstrated persistence and dedication to the project and has successfully worked
through many issues.
Given the above items, Mahan Log and Lumber,LLC has demonstrated knowledge and capacity to
develop partnerships and implement actions to allow this complex relocation project to proceed.Mahan
Log and Lumber, LLC and Paul Mahan is the most appropriate contractor to effectively implement the
long hoped-for outcome for this historic Quilcene home.
1-3v- :1110111- .49 ,/)1111'
anager Revi. Date
Community Health Environmental Public 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
CONTRACT
JEFFERSON COUNTY,WASHINGTON
THIS AGREEMENT,made and entered into this day of 'it i ,20 ,between
the COUNTY OF JEFFERSON and MAHAN LOG ND LUMBE'-II C 4 f Quilcene, 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. The Contractor agrees to furnish all labor and equipment and do certain work, to-wit: That the
Contractor herein will undertake and complete the following described work: j
Remove the house located at 161 Rodgers St.,Quilcene from its foundation on APN#991200407 and
transport it across Rodgers Street and APN#702243019 intact and undamaged. Demolish and
properly dispose of the foundation,concrete steps,basketball court,old well cover and any other
remnants of improvements on APN#991200407.Decommission the on-site system and remove and
properly dispose of the tank. Protect soils and reseed,replant,protect and mulch disturbed areas of
APN#991200407 and APN#702243019.
Complete all work for the total sum of thirty-six thousand four-hundred and seventy-one dollars
($36,471) in accordance with and as described in the attached plans and specifications and the
Standard Specifications of the Washington Department of Transportation 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 Contractor shall complete the described work with a start date upon signature or as soon as soil
conditions allow and with a completion date of 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.
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
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 1 of 15
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.
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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 2 of 15
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 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 defend, indemnify and hold the County, its officers,officials, employees,agents
and volunteers(and their marital communities)harmless from any and all claims, injuries,damages,
losses or suits including attorney fees, arising out of or resulting from the acts,errors or omissions of
the Contractor in performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the County, its officers,officials,employees,agents and volunteers(and their marital
communities)the Contractor's liability, including the duty and cost to defend,hereunder shall be only
to the extent of the Contractor's negligence.
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 the
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
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 3 of 15
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.
The provisions of this section shall survive the expiration or termination of this Agreement.
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 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.
9. The Contractor will declare a management option of the statutory retained percentage on Exhibit D.
10. It is the sole responsibility of Contractor to assign the appropriate classifications to all laborers,
workmen or mechanics performing any work pursuant to any Public Works Contract and for the
Contractor to ascertain and pay the applicable prevailing wage rates and fringe benefits for each such
classification as of the bid submittal deadline as well as any costs for Intents&Affidavits as required
by the Washington State Department of Labor&Industries except as specified in Section 15. Current
prevailing wage data shall 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,PH: (360)902-5335 or(855)545-8163 toll-free,or from their website at:
https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/for Jefferson
County. The Contractor must post the Statement of Intent to Pay Prevailing Wages in a location
readily visible to workers at the job site.
INDEX OF EXHIBITS
Exhibit A: Certification Regarding Debarment, Suspension,Ineligibility, and Voluntary
Exclusion
Exhibit B: Certification of Compliance with Wage Payment Statues
Exhibit C: Contract Bond,Jefferson County, Washington
Exhibit D: Contractor's Declaration of Option for Management of Statutory Retained
Percentage
Exhibit E: Scope of Work
Exhibit F: Asbestos Survey and Lab Results
Exhibit G: On-site System Information
Exhibit H: Unanticipated Discovery Plan
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 4 of 15
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 ,20
Contractor:
Mahan Log and Lumber, LLC
By: Paul Mahan, Owner
(Signature)
State of Washington, Contractor Registration#MAHANLL833CF
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate Dean,District 1
David Sullivan, District 2
Greg Brotherton,District 3
Attested:
Carolyn Galloway
Deputy Clerk of the Board
Ap ved as to form only:
Date
ief Civil e�p�uty Prosecutor
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 5 of 15
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.
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EXHIBIT B
CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and
correct.
The undersigned 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 RCW 49.48.082,
or any of the provisions of chapters 49.46,49.48,or 49.52 RCW as determined by a fmal 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.
Bidder's Business Name
Signature of Authorized Official*
Printed Name
Title
Date City State
Check One:
Sole Proprietorship n Partnership n 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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 7 of 15
EXHIBIT C
CONTRACT BOND
JEFFERSON COUNTY,WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Paul Mahan,of Mahan Log and Lumber,LLC,as Principal,and
,as Surety,are jointly and severally held and bound unto the COUNTY
OF JEFFERSON,the penal sum thirty-six thousand four-hundred and seventy-one dollars($36,471),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:
Remove the house located at 161 Rodgers St.,Quilcene from its foundation on APN#991200407 and
transport it across Rodgers Street and APN#702243019 intact and undamaged. Demolish and
properly dispose of the foundation,concrete steps,basketball court,old well cover and any other
remnants of improvements on APN#991200407.Decommission the on-site system and remove and
properly dispose of the tank. Protect soils and reseed,replant,protect and mulch disturbed areas of
APN#991200407 and APN#702243019.
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
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Address of local office and agent of surety company:
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EXHIBIT D
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
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 10 of 15
EXHIBIT E
Scope of Work
House Removal,Demolition, and Replanting:
Apply for and obtain all necessary permits and permissions. Remove the house located at 161
Rodgers St., Quilcene from its foundation on APN#991200407 and transport it across Rodgers
Street and APN#702243019 intact and undamaged. Demolish and properly dispose of the
foundation, concrete steps,basketball court, and old well cover. Pump, decommission, remove
and properly dispose of on-site tank in its entirety. Protect soils and reseed, replant, protect and
mulch disturbed areas of APN#991200407. Temporarily relocate,protect, and then replant
existing seedlings located in the transportation path on APN#702243019. Protect soils on both
parcels and Rodgers Street road surface. Rip driveway and other compacted areas, overlay native
topsoil, and re-seed, re-plant,protect and mulch while protecting the site from erosion. Conduct
the project such that:
• Safe 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 are applied for, fees paid, and obtained.
• All remaining utility connections are safely located, relocated, discontinued, disconnected
and/or removed.
• All buried utilities are protected from damage.
• Existing house and all its contents are safely removed from the site.
• A certified septic system pumper has pumped out any sewage or wastewater in the tank.
The tank and distribution components, but not the gravel, are removed and the
Certification of Tank Decommissioning is completed and certified by the contractor
while Environmental Public Health staff is present.
• 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 building to be level with the adjacent present grades.
• Mature 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, planting and
mulching.
• All disturbed areas are hand-seeded, overlain with generous quantities of clean straw,
replanted,protected with tree tubes and mulched(Jefferson County to provide seed,plant
materials,tubes and staked and mulch).
• The final project site is clean and free of litter and manmade materials and matches
existing contours.
• Transport and disposal must meet all applicable requirements. Contractor shall provide
receipts as proof that all materials have been disposed of in an acceptable manner.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 11 of 15
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 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. Potable water and electrical power are not available onsite
for use by the Contractor.
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Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 12 of 15
EXHIBIT F
Asbestos Survey and Lab Results
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 13 of 15
NWA
NORTHWEST ASBESTOS CONSULTANTS
Surveys. Inspections. Sampling
AHERA Building Inspector/Mgmt Planner
EPA Certification AHERA1016201580
97 Fir Circle Port Hadlock WA 98339
chadwitheridge@gmail.com
(360)531-4636
Date: 7/12/2017
Job location: 161 Rogers Quilcene, WA
Owner: Jefferson County Public Health
Subject: Inspection for Possible Demolition
Inspector: Chad Witheridge
EPA AHERA-Building Inspector
#1016201580
Expires- 10/16/2017
Asbestos Bulk Sample Data
NORTHWEST ASBESTOS CONSULTANTS
Surveys. Inspections. Sampling
AHERA Building Inspector/Mgmt Planner
EPA Certification AHERA1016201580
EPA Certification WAMOA-0042
97 Circle Port Hadlock WA 98339
chadwitheridge@gmail.com
(360)531-4636
Samples were sent to EMLAB P&K
Date: 7/1/2017
Job location: 161 Rogers Quilcene, WA
Owner: Jefferson County Public Health
Subject: Inspection for Possible Demolition
Samples
S 1: Drywall Living Room
S2: Drywall Dining Room
S3: Window Glazing
Inspector: Chad Witheridge
EPA AHERA-Building Inspector
#1016201580
Expires- 10/16/2017
Scope of Work:
1) Good faith inspection for asbestos containing building material (ACBM).
2) Survey, sample and record suspect materials of requested area only.
3) Report to Jefferson County Public Health with results
Inspection Report:
The inspection started with a visual survey looking for ACBM. Two story residential
house. Wood flooring, Wood paneling walls, Wood exterior siding, Composition roof.
Approximately 1500 sq ft.
.
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NWA
NORTHWEST ASBESTOS CONSULTANTS
Surveys. Inspections. Sampling
AHERA Building Inspector/Mgmt Planner
EPA Certification AHERA1016201580
EPA Certification WAMOA-0042
97 Fir Circle Port Hadlock WA 98339
chadwitheridge@gmail.com
(360)531-4636
Date: 7/12/2017
Job location: 161 Rogers Quilcene, WA
Owner: Jefferson County Public Health
Subject: Inspection for Possible Demolition
Inspector: Chad Witheridge
EPA AHERA-Building Inspector
#1016201580
Expires- 10/16/2017
Summary: ND=No Asbestos Detected
S 1: Drywall Living Room ND
S2: Drywall Dining Room ND
S3: Window Glazing ND
All asbestos containing building materials with a reading greater than 1% is considered a
hazardous material if disturbed.
If removed the owner or certified abatement contractor must follow the rules of the EPA
and governed by Olympic Region Clean Air Agency.
During renovation it is possible that additional suspect ACBM may be found. Should
such suspect material be discovered an AHERA certified inspector will have to sample
and test the material to prove it is of non asbestos.
Northwest Asbestos Consultants is not responsible for identification of hidden materials
that are not identifiable with reasonable diligence.
Thank you,
Chad Witheridge Building Inspector EPA Certification AHERA1016201580
EMLab P&K
A TestAmerica Company
Report for:
Chad Witheridge
NW Asbestos
406 Reed St.
Port Townsend, WA 98368
Regarding: Project: 161 Rogers Quilcene, WA
EML ID: 1756742
Approved by: Dates of Analysis:
Asbestos PLM: 07-12-2017
Approved Signatory
Noah Lazarte
Service SOPs: Asbestos PLM (EPA Methods 600/R-93/116&600/M4-82-020, SOP EM-AS-S-1267)
All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. The
results relate only to the items tested. The results include an inherent uncertainty of measurement associated with estimating
percentages by polarized light microscopy. Measurement uncertainty data for sample results with>1%asbestos concentration can
be provided when requested.
EMLab P&K("the Company")shall have no liability to the client or the client's customer with respect to decisions or
recommendations made, actions taken or courses of conduct implemented by either the client or the client's customer as a result
of or based upon the Test Results. In no event shall the Company be liable to the client with respect to the Test Results except for
the Company's own willful misconduct or gross negligence nor shall the Company be liable for incidental or consequential
damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law, even if the Company has been
advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the
Test Results exceed the amount paid to the Company by the client therefor.
EMLab P&K,LLC EMLab ID: 1756742, Page 1 of 2
EMLab P&K
4955 Yarrow Street , Arvada, CO 80002
(800) 651-4802 Fax (623) 780-7695 www.emlab.com
Client: NW Asbestos Date of Sampling: 07-03-2017
CIO: Chad Witheridge Date of Receipt: 07-11-2017
Re: 161 Rogers Quilcene, WA Date of Report: 07-12-2017
ASBESTOS PLM REPORT: EPA-600/M4-82-020 & EPA METHOD 600/R-93-116
Total Samples Submitted: 3
Total Samples Analyzed: 3
Total Samples with Layer Asbestos Content> 1%: 0
Location: Sl,Drywall Living Room Lab ID-Version$:8204200-1
Sample Layers Asbestos Content
White Drywall with Brown Paper and Paint ND
Cream Tape ND
Off-White Texture with Paint ND
Composite Non-Asbestos Content: 15%Cellulose
Sample Composite Homogeneity: Poor
Location: S2,Drywall Dining Room Lab ID-Version$:8204201-1
Sample Layers Asbestos Content
Pink Drywall with Brown Paper ND
White Texture with Paint ND
Composite Non-Asbestos Content: 10%Cellulose
Sample Composite Homogeneity: Poor
Location: S3,Window Glazing Lab ID-Version$:8204202-1
Sample Layers _ Asbestos Content
White Window Glazing with Paint ND
Sample Composite Homogeneity: Good
The test report shall not be reproduced except in full,without written approval of the laboratory.The report must not be used by the client to
claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the federal government.EMLab P&K reserves the
right to dispose of all samples after a period of thirty(30)days,according to all state and federal guidelines,unless otherwise specified.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually.ND means no fibers were detected.When
detected,the minimum detection and reporting limit is less than 1%unless point counting is performed.Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
#A"Version"indicated by-"x"after the Lab ID#with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of"x".
EMLab P&K,LLC EMLab ID: 1756742,Page 2 of 2
EXHIBIT G
On-site System Information
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 14 of 15
Monitoring Inspection Site Plan Update
Include the following items on the site plan Case# S0144(?-01 1 aq
('�
> Property boundaries > Drainfield area if known Parcel# �]q/e�...v y0 7
>. Names of adjacent streets > Septic tanks and/or Pump chamber Address f 6 L/ Rc(, 'S
> Driveways and parking areas > Wells w/distance to O55 components Prepared by
➢ Surface water(ponds,creeks,etc) ➢ Buildings-residence,sheds,garages,etc Date Prepared
> North Arrow
1 a/WA76: S% T)
klide..--
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EXHIBIT H
Unanticipated Discovery Plan
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 15 of 15
Page I 1
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 12
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
(DAH P).
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.
Plans Procedures for the Unanticipated Discovery of Cultural Resources or Human Skeletal Remains 2015
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