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Contract No. 20-16 Guardian Roofing
NON-FORMALLY BID PUBLIC WORKS CONTRACT NO. 20-16 Project Title City Hall Roof Retrofit THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal Corporation("City"),and Guardian Roofing("Contractor"), whose mailing address is 1400 West Main Street, Suite B,Auburn,WA 98001. RECITALS: 1. The City is in need of construction contracting services to complete the public work as described in this Contract. 2. Contractor is qualified to perform the construction contracting services described in the Scope of Work. 3. The City wishes to engage Contractor for the performances of these construction contracting services. 4. This contract was not formally bid because(check one) ® LIMITED PUBLIC WORKS CONTRACT: Engineer's Estimate<$50,000.00 and this contract was awarded using the Limited Public Works process as described in RCW 39.04.155. n SMALL PUBLIC WORKS CONTRACT(SINGLE TRADE WORK): Engineer's Estimate<$75,500.00 ❑ SMALL PUBLIC WORKS CONTRACT(MULTIPLE TRADE WORK): Engineer's Estimate<$116,155.00 ❑ EMERGENCY PUBLIC WORKS CONTRACT: Per RCW 39.04.280,this work is exempt from competitive bidding requirements because the work is considered an emergency, meaning unforeseen circumstances beyond the control of the City either: (a)Present a real, immediate threat to the proper performance of essential functions; or(b)will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. ❑ COOPERATIVE PURCHASING AGREEMENT: This contract is being let under(cooperative contract No. X)between(agency)and(contractor) in accordance with RCW 39.34 (Interlocal Cooperation Act). ❑ Other ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO 20-16 April 27,2020 Page 1 of 15 t 1 .' I r AGREEMENT 1) CONTRACTOR SERVICES The Contractor shall do all work and furnish all tools,materials and equipment for the construction of City Hall Roof Refit in accordance with this Contract form. Scope of work is as follows: See Exhibit A,which is attached hereto and by this reference made a part of this contract. The complete Contract includes the following parts, which are by this reference incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract shall be resolved by the order in which they are listed: A. Non-Formally Bid Public Works Contract(this form) B. Construction Work Quote Form C. Exhibit A: Scope of Work D. City of Auburn Construction Standards E. City of Auburn Design Standards F. Washington State Department of Labor& Industries Prevailing Wage Rates and Benefit Key Code effective the date the Contractor submitted the Construction Work Quote Form G. In case of any ambiguity or dispute over interpreting the Contract,the City Engineer's decision will be final. 2) CITY OF AUBURN BUSINESS LICENSE The Contractor, subcontractors, and lower tier subcontractors, shall have an active City of Auburn business license. 3) NOTICE TO PROCEED A Notice to Proceed will be issued once the Contract has been fully executed by the Contractor and City, and all insurance and licensing requirements as set forth in the contract have been met. The Notice to Proceed Date shall be either the date the Contractor commenced contract work or the date the contract has been fully executed by the Contractor and City and all insurance and licensing requirements as set forth in the contract have been met, whichever occurs first. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO 20-16 April 27,2020 Page 2 of 15 f 4) TIME OF COMPLETION The Contractor shall complete the work within 25 working days from the Notice to Proceed Date. 5) LIQUIDATED DAMAGES (CHECK ONE) ® Liquidated damages shall not apply to this contract. ❑ Liquidated damages shall apply to this contract as follows: If said work is not completed within the time specified,the Contractor agrees to pay liquidated damages to the City as follows: A. To pay(according to the following formula)liquidated damages for each working day beyond the number of working days established for physical completion,and B. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. C. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. Formula: Contract Price(without tax)x 0.15,divided by the original number of working days for completion. 6) HOURS OF WORK Allowed hours of work are as a specified in the City of Auburn Construction Standards,Part 1, Section 1-08.0(2)(Hours of Work),which by reference is incorporated is a part of this contract. 7) COMPENSATION The Contractor shall do all work and furnish all tools,materials, and equipment for the work and services contemplated in this Contract for compensation as follows: (Check One) ® Lump Sum Amount ❑ Unit Bid Prices as listed in the Construction Work Quote Form ❑ Not to Exceed Amount,paid per the Force Account method as described in Section 1- 09.6 of the current WSDOT Standard Specifications for Road,Bridge and Municipal Construction The Lump Sum Amount, as specified above is$37,735.00 and Washington State Sales Tax of $3,773.50 for a total of$41,508.50. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 3 of 15 ( J This project is subject to use tax,which shall be included lump sum, unit bid, or time and material compensation amount listed herein. The City's sales tax area is 1702 for work within King County and 2724 for work within Pierce County. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every Subcontractor, has been approved by the State Department of Labor& Industries, and is received by the City. A. Performance Bond The Contractor shall furnish the City with an executed performance bond for the full Contract amount,unless the contact amount is $150,000.00 or less and the Contractor has elected to have 10%retainage held by the City, in which case a performance bond is not required for this project. B. Retainage(check one) ® This is a Limited Public Works Contract AND the City has waived retainage requirements. ❑ This contract is$150,000.00 or less,therefore,the following applies: The Contractor may elect to furnish a performance bond, in which case the City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor, OR have the City retain, in lieu of the performance bond, 10%of the total Contract amount,pursuant to RCW 39.08.010. The Contractor shall execute a "Declaration of Option for Performance Bond or Additional Retainage"to indicate his/her option. If furnishing a performance bond,the Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. ❑ This contract is over, $150,000.00,therefore,the following applies: The City shall hold back retainage in the amount of 5%of any and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor can choose to have the retainage held by the City in a non-interest bearing account,have it placed in an Escrow(interest bearing)Account, or submit a bond in lieu of retainage. Said retainage shall be held by the City for a period of 30 days after the Completion Date, ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 4 of 15 or until receipt of all necessary releases from the State Department of Revenue and State Employment Security Department, including Affidavits of Wages paid for the Contractor and each and every subcontractor,and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes,without limitation: work and materials that do not conform to the requirements of this Contract; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work,the City may complete the work by contract or otherwise,and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any additional costs,from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims The submittal of the Final Invoice by the Contractor shall constitute a waiver of claims, except those previously and properly made and identified by the Contractor as unsettled at the time Final Invoice is submitted by the Contractor. 8) INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-Employer Relationship will be created by this Contract,the City being interested only in the results obtained under this Contract. 9) SUBCONTRACTING Work done by the Contractor's own organization shall account for at least 30 percent of the awarded Contract price. Before computing this percentage however,the Contractor may subtract (from the awarded Contract price)the costs of any subcontracted work on items the Contract designates as specialty items. The Contractor shall not subcontract work unless the City approves in writing. Each request to subcontract shall be on the form the City provides. If the City requests,the Contractor shall provide proof that the subcontractor has the experience, ability, and equipment the work requires. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 5 of 15 7 The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing Wages on Public Works)and to furnish all certificates and statements required by the Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor, has been approved by the State Department of Labor&Industries, and is received by the City. Along with the request to sublet,the Contractor shall submit the names of any contracting firms the subcontractor proposes to use as lower tier subcontractors. Collectively,these lower tier subcontractors shall not do work that exceeds 25 percent of the total amount subcontracted to a subcontractor. When a subcontractor is responsible for construction of a specific structure or structures,the following work may be performed by lower tier subcontractors without being subject to the 25 percent limitation: A. Furnishing and driving of piling, or B. Furnishing and installing concrete reinforcing and post-tensioning steel. Except for the 25 percent limit, lower tier subcontractors shall meet the same requirements as subcontractors. The City will approve the request only if satisfied with the proposed subcontractor's record, equipment, experience and ability. Approval to subcontract shall not: 1. Relieve the Contractor of any responsibility to carry out the Contract. 2. Relieve the Contractor of any obligations or liability under the Contract and the Contractor's bond. 3. Create any contract between the City and the subcontractor, or 4. Convey to the subcontractor any rights against the City. The City will not consider as subcontracting: (1)purchase of sand,gravel, crushed stone, crushed slag,batched concrete aggregates,ready mix concrete, off-site fabricated structural steel, other off- site fabricated items, and any other materials supplied by established and recognized commercial plants; or(2)delivery of these materials to the work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies. However,the Washington State Department of Labor and Industries may determine that RCW 39.12 applies to the employees of such firms identified in A and B above in accordance with WAC 296-127. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 6 of 15 I If dissatisfied with any part of the subcontracted work,the City may request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall not employ the subcontractor for any further work under the Contract. This section does not create a contractual relationship between the City and any subcontractor. Also, it is not intended to bestow upon any subcontractor,the status of a third-party beneficiary to the Contract between the City and the Contractor. 10) TERMINATION The City may terminate this Contract for good cause. "Good cause" shall include,without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly-skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Contract. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal,state or local laws,rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. After all the work contemplated by the Contract has been completed either by the Surety or the City,the City will calculate the total expenses and damages for the completed work. If the total expenses and damages are less than any unpaid balance due the Contractor,the excess will be paid by the City to the Contractor. If the total expenses and damages exceed the unpaid balance,the Contractor and the Surety shall be jointly and severally liable to, and shall pay the difference to,the City on demand. 11) PREVAILING WAGES Contractor shall file a"Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor& Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington,as well as any other applicable prevailing wage rate provisions. The prevailing wage rate revision in effect on the date the Contractor submitted the Construction Work Quote Form is attached and by this reference incorporated herein and made a part hereof. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor and each and every subcontractor,has been approved by the State Department of Labor& Industries, and is received by the City. Retainage, if applicable,shall not be released until an Affidavit of Wages Paid form for the ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 7 of 15 Contractor and each and every subcontractor, has been approved by the State Department of Labor & Industries,and is received by the City. 12) CHANGES The City may issue a written change order for any change in the Contract work during the performance of this Contract. If the Contractor determines, for any reason,that a change order is necessary,the Contractor must submit a written change order request to an authorized agent of the City within 10 calendar days of the date the facts and events giving rise to the requested change occurred. If the City determines that the change increases or decreases the Contractor's costs or time for performance,the City will make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City. If the Contractor fails to request a change order within the time allowed,the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the Contract work. If the Contractor disagrees with the equitable adjustment,the Contractor must complete the change order work; however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a change order,another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City,the Contractor shall: 1. Within 2 days of receiving a written change order or oral order that the Contractor desires to protest,the Contactor shall give a signed written notice of protest to the City; and 2. Supplement the written protest within 14 calendar days with a written statement that provides the following information: a. The date of the Contractor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Contract that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 8 of 15 The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work In spite of any protest,the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by: (1)endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for Contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Contractor also waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). 13) CLAIMS The Contractor waives right to a claim if they have not followed the protest procedures outlined in this Contract. If resolution of a protest cannot be reached, and the Contractor wishes to pursue a claim,the Contractor shall give written notice of claim to the City within 15 calendar days of the City's notice of its final decision on the Contractor's protest. Any claim for damages, additional payment for any reason,or extension of time,whether under this Contract or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract. At a minimum, a Contractor's written claim must include the information set forth regarding protests in this Contract. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 9 of 15 I Failure to provide a complete,written notification of claim within the time allowed shall be an absolute waiver of any claims arising in any way from the facts or events surrounding that claim or caused by that delay. The Contractor must, in any event, file any claim or bring any suit arising from or connected with this Contract prior to signing the Final Payment Form. 14) WARRANTY (CHECK ONE) ❑ No warranty applies to the Contract Work. ® Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur within five years of the Contract Completion date shall be corrected by the Contractor. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within 7 calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 15) INDEMNIFICATION Contractor shall defend,indemnify and hold the City,its officers,officials,employees,agents and volunteers harmless from any and all claims, injuries,damages, losses or suits,including all legal costs and attorney fees,arising out of or in connection with the performance of this Contract,except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Contract 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 City,its officers,officials,employees,agents and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 10 of 15 It is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. The provisions of this section shall survive the expiration or termination of this Contract. 16) INSURANCE Insurance requirements shall be as specified in the City of Auburn Construction Standards,Part 1, Section 1-07.18(Insurance)which by reference is incorporated is a part of this contract. 17) CORRESPONDENCE (CHECK ONE) ® Submittals and formal Requests for Information(RFI)shall not be required for this contract. ❑ Submittals and Requests for Information(RFI)shall be as follows: A. Requests for Information (RFI's). RFI's shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI's shall include the following: Contract Number and Project Name/Number as applicable—RFI Title/Subject. Each e-mail shall be limited to 7 MB's in size. All RFI's shall accompany the City of Auburn "CIP Construction Request for Information" (RFI) form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI's is not the same for all RFI's. The Contractor shall allow a minimum of 10 calendar days,unless otherwise noted,for the Engineer to respond. B. Submittals. All submittals shall be made electronically and shall be transmitted via e- mail to PWSubmittals@.auburnwa.gov. The e-mail subject line of electronic submittals shall include the following: <<<Project Number>>>,<<<Project Name>>>-"Submittal Title". Each electronic email shall be limited to 7 MB's in size. All electronic submittals shall be clear, sharp high contrast electronic files in Word 2007, Excel 2007 or PDF formats. All submittals shall accompany the City of Auburn "Request for Submittal Approval" (RSA) form. Any submittals made without the RSA form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. The RSA form shall be completed by the Contractor as follows: • For any item being submitted to the City for review and approval for the first time, check the "New Submittal" box. The City will assign the item a submittal number. For items that have been previously submitted and require a re- ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 11 of 15 • submittal, check the "Re-submittal of No. " box and fill in the submittal number that was assigned by the City to the original submittal. For submittals that are providing Material Acceptance Documentation for a submittal that has been previously made, the Contractor shall check the "Material Acceptance Documentation for Submittal No. " box and fill in the submittal number that was assigned by the City for which the Contractor is supplying the acceptance documentation for. • Fill in the Contract Number(I.E. ##-##)and Contract/Project Name; • Fill in the Project Identifying Number(I.E. CP####); • Fill in the Date the Submittal was transmitted to the City; • Provide the Contractor's name and, if applicable, the name of Subcontractor or supplier who prepared the submittal; • The Contractor is strongly encouraged to submit only one material or item per RSA form, however if more than one material or item is listed on the form then provide a General Submittal Title that is applicable to the group. Do not group non-like materials or items on the same form; • When applicable,provide the Bid Item number the submittal is referencing; • Provide a submittal description (be specific). For material submittals, provide the Type of Material, the Manufacturer's Product/Type, or the trade name of the product; • When applicable, provide the Name and the Location of the Fabricator or the Manufacturer's name or the Pit Number. This should be the actual manufacturer, not the supplier or distributor, • Provide the Contract Specification section number(s) or the page number the submittal material is referencing, or you can list the Plan Sheet number; and • For material submittals, indicate whether the submittal is requesting use of the WSDOT Qualified Product List (QPL) or if the submittal is a Request for Approval of Material (RAM)that is not in the QPL, by checking the appropriate box. For non-material submittals and for material acceptance documentation these boxes shall be left blank. If the Contractor elects to use a product listed in the QPL, the submittal documentation shall be prepared in accordance with the instructions in the WSDOT QPL program and shall be the most current list available at the time the product is proposed to be used. 18) MISCELLANEOUS ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 12 of 15 A. Nondiscrimination. In the hiring of employees for the performance of work under this Contract,the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not, by reason of race,religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. The Contractor shall comply with all federal, state and local laws,rules and regulations throughout every aspect in the performance of this Contract. C. Qualifications of Bidder. Before award of a public works contract,a bidder must meet at least the minimum qualifications of RCW 39.04.350(1)to be considered a responsible bidder and qualified to be awarded a public works project. D. Work Performed at Contractor's Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Contract. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. F. Governing Law. This Contract shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and the Contractor under any of the provisions of this Contract,resolution of that dispute shall be available only through the jurisdiction,venue and rules of the King County Superior Court,King County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties'performance of this Contract,each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however,nothing in this subsection shall limit the City's right to indemnification under Section 10 of this Contract. H. Written Notice. All communications regarding this Contract shall be sent to the parties at the addresses listed on the signature page of this Contract,unless otherwise notified. Any written notice shall become effective upon delivery, but in any event 3 calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Contract. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 13 of 15 I. Assignment. Any assignment of this Contract by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this Contract shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this Contract are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Contract and the remainder shall remain in full force and effect. L. Entire Contract. The written provisions and terms of this Contract,together with any referenced documents and attached Exhibits , supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Contract. This Contract,referenced documents, and any attached Exhibits contain the entire Contract between the parties. Should any language in any referenced documents or Exhibits to this Contract conflict with any language contained in this Contract, the terms of this Contract shall prevail. ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 14 of 15 t IN WITNESS WHEREOF,the parties below have executed this Contract. GUARDIAN R•IFING THE CITY OF AUBURN le�;, , ( ignat (Si ature) By /�(/(411 .91*W By Nancy Backus (Print name here) Its 4e,f 41 t J i 4/ (1- Its Mayor (Authorized representative) DATE: 5 ! )(2-a DATE: 5 •1 to tb Contractor's State License No. GUARD*847R0 State Tax Registration(UBI)No. 604 059 205 Federal Tax ID# 814469822 APPROVED AS TO FORM: ._-_-_--- 0,S4l14)5 c LW"' pQKendra Comeau,City Attorney Notices to be sent to: Notices to be sent to: GUARDIAN ROOFING CITY OF AUBURN Attn: Matt Swanson Attn: Lisa Moore 1400 West Main Street, Suite B 25 West Main Street Auburn,WA 98001 Auburn, WA 98001 Phone: 253.926.9966 Phone: 253.288.3158 E-mail: M.swanson@yourguardianroof.com E-mail: lmoore@auburnwa.gov ENG-059,Revised 7/19 NON-FORMALLY BID PUBLIC WORK CONTRACT NO.20-16 April 27,2020 Page 15 of 15 4 Doug Ruth From: Matt Swanson <M.Swanson@yourguardianroof.com> Sent: Wednesday, May 13, 2020 8:57 AM To: Lisa Moore Subject: RE:Warranty - Contract Fi(.)N: The following message originated from outside the City of Auburn. Be careful opening links and attachments Lisa, I agree with your proposal. Let me know if I need to sign anything. Best Regards, Matt Swanson General Manager/Owner Guardian Roofing 11400 West Main St, Ste B Auburn, WA 98001 Cell Phone(253)359-4241 Direct Line(253)926-9966 ext.28091 m.swansonrdwourcuardianroof.com I https:%iwww.guardianhome.coat' Office Line(253)926-9966 44iN 24t* fold ROOFING Did you know Guardian is on Yelp?Check us out here! From: Lisa Moore<Imoore@auburnwa.gov> Sent:Wednesday, May 13, 2020 8:32 AM To: Matt Swanson <M.Swanson@yourguardianroof.com> Subject:Warranty-Contract Importance: High [CAUTION: Sender is from outside of Guardian Roofing] Hi, A conflict was found in the contract and bid submitted. I am proposing we change section 14 from 1 year to 5 years as stated in the submitted bid. Any comments or concerns? Lisa 1 14) WARRANTY (CHECK ONE) No warranty applies to the Contract Work. IX" Warranty applies to the Contract Work as follows: All defects in workmanship and materials that occur withii Completion, date shall be corrected by the Contractor. Wh warranty for that portion of the work shall extend for one 3 is completed and accepted by the City. The Contractor sIT within 7 calendar days of its receipt of notice from the Cit3 does not accomplish the corrections within a reasonable tit cotTections and the Contractor shall pay all costs incurred the correction. 2 CAF EVER( Ia.t St =vx Pink.* sl i , .'f, Y 4 +^ 744{. .A furl 9Z Wqy.i;..e Mi Loot ila, we ccr :o- • :::; a qp., r rs h ,,, .T•,w �' .�-r ,..11,l�' 511*ii IF frit*.. i 1-�p t+ vim v y.'' c' ' ate+7-,,I* k: ..=.'. ' ' .h ",::..•_:'__. w �t�, q w 1 -il.;o)�._24! Fra � q.. � kl}s42i. . Warranties Guardian Basic - 5 Year Service After the Sale Guarantee Manufacturer's Limited Lifetime Warranty This message is private and privileged. If you are not the person meant to receive this message, please let the sender know, then delete it. Please do not copy or send it to anyone else. Following the recommendations of Public Health— Seattle & King County, the Washington State Department of Health and the Center for Disease Control, the City of Auburn is implementing safety protocols and modifying our services to prevent the spread of COVID-19. As a result, we are requesting that our customers limit their in-person interactions as much as possible. This practice is intended to help protect our customers and staff from potential exposure to the virus. If you are able to conduct business with the City remotely by phone or email, we would urge you to do so. A directory of City contacts can be found at auburn wa.gov!city hall/contact us. 3 � a £ 7- tf 0 f 4_,;; ?;,:,..„,„ 46.2,, x. k ..,....,,,,„z,....,. . EXHIBIT A „ .. _ N . ROOFING Project Name:City Hall 1400 W. Main Street,Auburn,WA 98001 Address:25 W Main St Auburn Wa 98001 Phone#- Email: Lmoore@auburnwa.gov Contact-Brent Wagner Date: 3/3/2020 Email-B.wagner©yourguardianroof.com ., 1tto./...` Name: GAF EVERGUARD®TPO 60 mil 5'x100' (Color:white) ......mrd y 4 ' Warranties Guardian Basic-5 Year Service After the Sale Guarantee Manufacturer's Limited Lifetime Warranty Job Related Provide perimeter protection 3 Story Walkable(50')-tarps and plywood to protect your home from falling objects and construction disruption Portable Toilet("port-a-potty"for worker use) (Color: ) Job Related Provide perimeter protection 3 Story Walkable(50')-tarps and plywood to protect your home from falling objects and construction disruption Pack in-extra labor time to hand cart and hand load roofing material due to poor access Membrane Roofing GAF EVERGUARD®TPO 60 mil 5'x100' (Color:white) Membrane Roofing Custom Stretch Parapet Cap 26g up to 16"x10' Flashings TPO Pipe Flashing with Cap 2" tpo split TPO B-Vent Flashing 4" TPO Pipe Flashing with Cap 1-1/2" Other sales tax GAF Barbed EGX-FM Seam Plate 2-3/8"(1000 ctn) 12"O.C. Required for Poly Iso GAF EVERGUARD TPO T-Joint GAF Galvalume Insulation Plate 3"(1000 ctn) 15 per sheet For TPO Fastening GAF TPO Scupper Drain 3" GAF Drill-TecTM#14 Fastener 3" 1000/Ctn Cant strip for wall transitions(Color: ) Labor to remove and reset antenna(Color: Gray tint) Fanfold rigid foam insulation as membrane roof underlayment to act as slip sheet and thermal break to inhibit condensation under the system throughout Custom 29x93 Domed Acrylic Sklight(Color: Gray tint) includes both breezeway roofs, overlay, all new flashing, copper boxes, plumbing pipe boot,TPO Contract in contingent on site visit, and site access requirements. No electrical included, per our determination, no electrical needed due to recover. Permits to be covered by city if required. PREVENTATIVE MAINTENANCE Guardian Operations LLC will not guarantee any portion of a roof against moss growth or leaks where branches of trees,shrubs,or other plants,and/or foreign matter and debris(such as coniferous needles;leaves;dead branches etc.)are allowed to remain on the roof long enough to cause damage after repairs and/or treatment is applied.One area this can occur is beneath down spouts that run gutter water directly onto the roof.If algae builds up in gutter,rain water can drag algae onto the roof leaving a stain.This cannot be prevented and will require cleaning with a detergent solution. GUARDIAN Operations LLC•1400 W.Main Street,Auburn,WA 98001 Phone 877-926-9988•Fax 253.926.0974•www.VourGuardianRoof.com • Client#: 185348 GUAROPERI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 5/04/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Laurie Ross Propel Insurance PHONE 800 499-0933 FAX (A/C,No,Ext): (A/C,No): 866 577-1326 Seattle Commercial Insurance E-MAIL ro elinsurance.com 601 Union Street,Suite 3400 ADDRESS: laurie.ross�p P Seattle,WA 98101-1371 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER B:Navigators Insurance Company 42307 Guardian Operations,LLC INSURER C:Axis Surplus Insurance Company 26620 1400 W Main Street Suite B INSURER D:Western National Mutual Insurance Co. 15377 Auburn,WA 98001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR RTYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR MD POLICY NUMBER -(MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY BCS0038359 12/01/2019 12/01/2020 EACH OCCURRENCE $1,000,000 PR CLAIMS-MADE X OCCUR EMEaEoccurrence) $100,000 X BI/PD Ded: $5,000 MED EXP(Any one person) $Excluded _ PERSONAL 8 ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE $2,000,000 POLICY X ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY CPP122660500 12/01/2019 12/01/2020 COMaBacddent) r INED SINGLE LIMIT 1 000,000 _ (E X ANY AUTO BODILY INJURY(Per person) $ _ OO TU ED ONLY X SCHEDULED BODILY INJURY(Per accident) $ AUTOS X AUTOS ONLY X NON-OWNONLEDY PROPERTY DAMAGE $ AUTOS (Per accident) $ B UMBRELLA LIAB _ OCCUR SEI9EXC822789IV 12/01/2019112/01/2020 EACH OCCURRENCE $3,000,000 x EXCESS LIAB X CLAIMS-MADE AGGREGATE $3,000,000 _ _ DED RETENTION$ $ A WORKERS COMPENSATION BCS0038359 12/01/2019 12/01/2020 STATX 0,1,-"- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N WA Stop Gap E.L.EACHillhalli $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution Liab CP003051032019 12/01/2019 12/01/2020 $1,000,000/$1,000,000 $10,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: City Hall Retrofit contract number 20-16 City of Auburn is included as Additional Insured,per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION City of Auburn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 25 W Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Auburn,WA 98001 AUTHORIZED REPRESENTATIVE I ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4115218/M3926552 JMBOO Client#: 185348 GUAROPERI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 5/04/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Laurie Ross Propel Insurance PHONNo,Ext),800 499-0933 FAX Seattle Commercial Insurance E-MAIL (A/c,No): 866 577-1326 ADDRESS: laurie.ross@propelinsurance.com _ 601 Union Street,Suite 3400 INSURER(S)AFFORDING COVERAGE NAIC 0 Seattle,WA 98101-1371 INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER B:Navigators Insurance Company 42307 Guardian Operations,LLC Axis Sur lus Insurance Com an 26620 1400 W Main Street Suite B INSURER C: P P y INSURER D:Western National Mutual Insurance Co. 15377 Auburn,WA 98001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE TYPE OF INSURANCE NSR WVD POLICY NUMBER D/POLICY EFF POLICY EXP LIMITS (MMIDYYYY)fMM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY BCS0038359 12/01/2019 12/01/2020 EACH ISES(AACCHH OECCCpUR�RENCE $1,000,000 CLAIMS-MADE X OCCUR PREMEaEocccurrence) $100,000 X Bl/PD Ded:$5,000 MED EXP(Any one person) s Excluded _ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY A ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY CPP122660500 12/01/2019 12/01/2020 COMaccident)B iNW , INGLE LIMIT 1 000,000 (Ea � X ANY AUTO BODILY INJURY(Per person) $ OWNED AUTOS ONLY X SCHEDULED BODILY INJURY(Per accident) $ X AUTOS ONLY X N -OWNED PROPERTY DAMAGE $ _ AUTOS ONLY (Per accident) $ B UMBRELLA LIAB _ OCCUR SEI9EXC8227891V 12/01/2019 12/01/2020 EACH OCCURRENCE $3,000,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION$ $ A WORKERS COMPENSATION BCS0038359 12/01/2019 12/01/2020 STATUTE X ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA Stop Gap E.L.EACH ACCIDENT s1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution Liab CP003051032019 12/01/2019 12/01/2020 $1,000,000/$1,000,000 $10,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: City Hall Retrofit contract number 20-16 City of Auburn is included as Additional Insured,per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION ANY City of Auburn THE SHOULD EXPIRATTIIONHE DATE ABOVE THEREOF,DESCRIBED NOTICEIES WIBLL E CELLED BE CDELIVERED NE 25 W Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Auburn,WA 98001 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4115218/M3926552 JMBOO 7 This page has been left blank intentionally. i.1 \ Guardian Roofing Plan de trabajo especIfico del sitio de trabajo COVID-19 ROOFING Proyecto: Persona de contacto: Fecha: LISTA DE PELIGROS (siguiendo las directrices del Documento de Precticas del Sitio de Trabajo AGC COVID-19) 1.Responsabilidades personales de los 4.Equipo de proteccion personal 7. Entrada de espacios ocupados 2.Distancia social 5.Saneamiento y limpieza 8.Otros 3.Practicas generales de la oficina/sitio 6.Visitantes en el lugar de trabajo DESCRIPCION DEL PELIGRO Directrices SE REQUIEREN PROTECCIONES ESPECIFICAS DEL SITIO Ejemplo:mos de 10 empleados en el lugar 1,2,3,4,5, 6 Aumentarel espaclo,rotation de desconso y almuerso,reuniones de seguridad porn grupos pequeflos,documento de iniclo de sesidn de copotoz o documentation fotogrdfica, PERSONAS RESPONSABLES(con telefono n.o): Horario de descansolalmuerzo: Monitoreo de Empleados/Visitantes: Gerente de saneamiento: PPE: Plan del sitio y actualizaciones: Preocupaciones de los empleados: c • t 1,t; QLD \,\ GUARDIAN ROOFING COVID-19 Jobsite Specific Work r , ROOFING Project: Contact Person: Date: HAZARD CHECKLIST(following guidelines from the AGC COVID-19 Jobsite Practices Document) 1. Worker Personal Responsibilities 4. Personal Protective Equipment 7. Entering Occupied spaces 2. Social Distancing 5. Sanitation and Cleanliness 8. Other 3. General Jobsite/Office practices 6. Jobsite Visitors HAZARD DESCRIPTION guidelines SITE SPECIFIC PROTECTIONS REQUIRED Example:more than 10 employees onsite 1, 2, 3, 4, 5, 6 Increase space,break 8 lunch rotation,small group safety meetings,foreman sign in or photo documentation,glasses and gloves,restrict visitors RESPONSIBLE PERSONS(with phone#): Break/lunch schedule: Employee/Visitor Monitoring: Sanitation manager: PPE: Site Plan and Updates: Employee Concerns o Phase 1 Construction Restart COVID-19 Job Site Requirements Phase 1: Low Risk Restart existing construction projects with COVID-19 Safety Plans that allow work which only can be performed meeting social distancing requirements. These activities would be able to be performed meeting the requirements of the "COVID-19 Construction Industry Emergency Requirements—Version 4-2-2020"or the "Residential Construction COVID-19 Job Site Requirements"without additional planning. Prior to recommencing work all contractors are required to develop and post at each job site a comprehensive COVID-19 exposure control, mitigation,and recovery plan. The plan must include policies regarding the following control measures: PPE utilization; on-site social distancing; hygiene;sanitation;symptom monitoring; incident reporting; site decontamination procedures; COVID-19 safety training;exposure response procedures; and a post-exposure incident project wide recovery plan. A copy of the plan must be available on each job site during any construction activities and available for inspection by state and local authorities. Failure to meet posting requirements will result in sanctions up to and including the job being shut down. All Contractors are required to post at each job site written notice to employees,subcontractors and government officials the Phase 1 work that will be performed at that job site and signed commitment to adhere to the requirements listed in this document. All contractors have a general obligation to keep a safe and healthy worksite in accordance with state and federal law. Failure to follow these requirements will be considered a violation of these duties and be penalized accordingly. Under RCW 49.17.060, "each employer shall furnish to each of their employees a place of employment free from recognized hazards that are causing or likely to cause serious injury or death to his or her employees and shall comply with the rules, regulations, and orders promulgated under this chapter."The Washington State Department of Labor and Industries' Division of Occupational Safety and Health (DOSH) is responsible for workplace safety and health, including inspections and enforcement, consultation,technical assistance,training, education and grants. All contractors are also required to comply with the following COVID-19 worksite-specific safety practices,as outlined in Gov.Jay Inslee's "Stay Home, Stay Healthy" Proclamation 20-25, and in accordance with the Washington State Department of Labor and Industries General Coronavirus Prevention Under Stay Home-Stay Healthy Order(DOSH Directive 1.70: https://www.lni.wa.gov/safety-health/safety-rules/enforcement- policies/DD170.pdf) and the Washington State Department of Health Workplace and Employer Resources& Recommendations at https://www.doh.wa.gov/Coronavirus/workplace: Gov.Jay Inslee's Construction Working Group Recommendations 4/14/2020 1 t COVID-19 Site Supervisor 1. A site-specific COVID-19 Supervisor shall be designated by the contractor at every job site to monitor the health of employees and enforce the COVID-19 job site safety plan.A designated COVID-19 Supervisor must be present at all times during construction activities,except this requirement only applies on single-family residential job sites whenever there are 7 or more people on the site. COVID-19 Safety Training 2. A Safety Stand-Down/toolbox talk/tailgate training must be conducted on all job sites on the first day of returning to work, and weekly thereafter,to explain the protective measures in place for all workers. Social distancing must be maintained at all gatherings. 3. Attendance will be communicated verbally and the trainer will sign in each attendee. 4. COVID-19 safety requirements shall be visibly posted on each jobsite. Social Distancing 5. Social distancing of at least 6 feet of separation must be maintained by every person on the worksite at all times. 6. Gatherings of any size must be precluded by taking breaks and lunch in shifts. Any time two or more persons must meet, ensure minimum 6 feet of separation. 7. Identify"choke points" and "high-risk areas" on job sites where workers typically congregate and control them so social distancing is always maintained. 8. Minimize interactions when picking up or delivering equipment or materials, ensure minimum 6- foot separation. 9. To the extent practical allow only one trade/subcontractor at a time on a jobsite and maintain 6-foot separation social distancing for each member of that trade. If more than one trade/subcontractor must be on the job to complete the job then at a minimum all trades and subcontractors must maintain social distancing policies in accordance with this guidance. Personal Protective Equipment(PPE)—Employer Provided 10. Provide personal protective equipment (PPE) such as gloves,goggles,face shields and face masks as appropriate,or required,for the activity being performed. 11. Masks, in accordance with Washington Department of Health guidelines (https://www.doh.wa.gov/Portals/1/Documents/1600/coronavirus/ClothFacemasks.pdf), or as required by Washington Department of Labor and Industries (L&I) safety rules, must be worn at all times by every employee on the worksite. 12. Eye protection must be worn at all times by every employee while on worksite. Gov.Jay Inslee's Construction Working Group Recommendations 4/14/2020 • 13. Gloves must be worn at all times by every employee while on worksite.The type of glove worn should be appropriate to the task. If gloves are not typically required for the task,then any type of glove is acceptable, including latex gloves. 14. If appropriate PPE cannot be provided,the worksite must be shut down. Sanitation and Cleanliness 15. Soap and running water shall be abundantly provided on all job sites for frequent handwashing. Workers should be encouraged to leave their workstations to wash their hands regularly, before and after going to the bathroom, before and after eating and after coughing, sneezing or blowing their nose. 16. When running water is not available, portable washing stations,with soap, are required, per WAC 296-155-140 2(a)—(f). 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. 17. Post, in areas visible to all workers, required hygienic practices, including not to touch face with unwashed hands or with gloves;washing hands often with soap and water for at least 20 seconds; use hand sanitizer with at least 60%alcohol; cleaning and disinfecting frequently touched objects and surfaces such as workstations, keyboards,telephones, handrails, machines,shared tools, elevator control buttons,and doorknobs; covering the mouth and nose when coughing or sneezing as well as other hygienic recommendations by the U.S. Centers for Disease Control (CDC). 18. Make disinfectants available to workers throughout the worksite and ensure cleaning supplies are frequently replenished. 19. Frequently clean and disinfect high-touch surfaces on job sites and in offices,such as shared tools, machines,vehicles and other equipment, handrails,doorknobs,and portable toilets. If these areas cannot be cleaned and disinfected frequently,the jobsite shall be shut down until such measures can be achieved and maintained. 20. When the worksite is an occupied home,workers should sanitize work areas upon arrival, throughout the workday and immediately before they leave,and occupants should keep a personal distance of at least 10 feet. 21. If an employee reports feeling sick and goes home,the area where that person worked should be immediately disinfected. Employee Health/Symptoms 22. Create policies which encourage workers to stay home or leave the worksite when feeling sick or when they have been in close contact with a confirmed positive case. If they develop symptoms of acute respiratory illness,they must seek medical attention and inform their employer. 23. Have employees inform their supervisors if they have sick family member at home with COVID-19. 24. Ask workers to self-identify symptoms of fever, coughing,or shortness of breath each day, before the shift, mid-shift,and at home. If thermometers are used on the job,they shall be `no touch'or `no contact.' Gov.Jay Inslee's Construction Working Group Recommendations 4/14/2020 4 I 25. If employees have symptoms of acute respiratory illness (i.e.fever,cough,shortness of breath),they must stay home and not come to work until free of symptoms for at least 72 hours,without the use of medicine,as recommended by the CDC. 26. Failure of employees to comply will result in employees being sent home during the emergency actions. 27. Employees who do not believe it is safe to work shall be allowed to remove themselves from the worksite and employers must follow the expanded family and medical leave requirements included in the Families First Coronavirus Response Act. 28. Any worker coming to work on a construction site in Washington from any state that is not contiguous to Washington must self-quarantine for 14 days to become eligible to work on a job site in Washington. 29. If an employee is confirmed to have COVID-19 infection, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act(ADA).The employer should instruct fellow employees about how to proceed based on the CDC Public Health Recommendations for Community-Related Exposure. Job Site Visitors 30. A daily attendance log of all workers and visitors must be kept and retained for at least four weeks. Failure to comply with these requirements,or to provide the materials,schedules and equipment required to comply,will result in shutting down operations on the worksite until the contractor can meet and maintain all requirements. All contractors shall post on each job site written compliance with these requirements prior to performing any work. Under the authority of the Washington Industrial Safety and Health Act(WISHA), L&I's Division of Occupational Safety and Health (DOSH)will enforce these COVID-19 jobsite safety and health requirements. Complaints may be submitted to the L&I Call Center(1-800-423-7233)or via e-mail to Linda Adame at adag235@lni.wa.gov. These Phase 1 COVID-19 job site safety practices are required as long as the"Stay Home, Stay Healthy" Gubernatorial Proclamation 20-25 is in effect or if adopted as rules by a federal,state or local regulatory agency. Gov.Jay inslee's Construction Working Group Recommendations 4/14/2020 4