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HomeMy WebLinkAboutSpecialized Pavement Marking LLC Pavement Marking - 072026 CONSTRUCTION CONTRACT JEFFERSON COUNTY, WASHINGTON THIS CONSTRUCTION CONTRACT (the Contract) is made and entered into this 30th day of March, 2026, between Jefferson County, Washington (the County), acting through the Jefferson County Board of Commissioners and the Director of Public Works and Specialized Pavement Marking, LLC of Tualatin, Oregon. (the Contractor). In consideration of the terms and conditions below and made a part of the Contract, the parties hereto covenant and agree as follows: 1. Effective Date. The Contract is effective on the day the last party signs it. 2. Notice to Proceed. The work described in the Scope of Services below shall begin not later than 60 days after a Notice to Proceed is issued by the County. A Notice to Proceed may be issued by the County for separate phases of the work, as described in the Scope of Services below. 3. Scope of the Work. The Contractor shall undertake and complete the following described work: Furnish all labor and equipment necessary to complete Pavement Marking on various Jefferson County Roads in Calendar Years 2026 through 2027, with work to include installation of materials provided by the County of Jefferson consisting of all traffic paint and reflective beads required to complete the work. for the total sum of two hundred one thousand seven hundred seventy-five dollars ($201,775.00) in accordance with the terms and conditions of below. The intent of the Contract is to prescribe a complete Work. Omissions from the Contract of details of Work that are necessary to carry out the intent of the Contract shall not relieve the Contractor from performing the omitted Work. The Contractor shall provide all labor, materials, tools, equipment, transportation, supplies, and incidentals required to complete all Work for the items included in the Proposal. When the Contract specifies Work that has no Bid item, and the Work is not specified as being included with or incidental to other Bid items, an equitable adjustment will be made in accordance with Section 1-04.4 of the Standard Specifications for Road,Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation (WSDOT), unless that Work is customarily considered as incidental to other items. The complete Contract includes these parts: (1) the Contract, including all Exhibits; (2) the Contract Provisions (Special Provisions), including any standard items listed in them which are incorporated by reference, and the Standard Specifications: (3) the Bidder's completed Proposal Form, Contract Plans; (4)All Addenda; and, (5)All attachments, which may include, various certifications and affidavits, supplemental agreements, change orders, and subsurface boring logs (if any). These parts complement each other in describing a complete Work. Any requirement in one part binds as if stated in all parts. Construction Contract Contract G Version 11 Page 1 of 16 The Contractor shall provide all Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. If there is an inconsistency in the Contract, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order (e.g., 1 presiding over 2, 3, 4, 5, and 6; 2 presiding over 3, 4, 5, and 6; and so forth): 1. Addenda; 2. Bidder's Completed Proposal; 3. The Contract terms and conditions, including Exhibit F (Additional Requirements), if any; 4. Contract Provisions(Special Provisions),including any standard items listed in them which are incorporated by reference; 5. Contract Plans; 6. Standard Specifications; 7. County's Standard Plans or Details (if any); and, 8. Standard Plans. The above eight items will be provided according to Division 1.02.2 of the project specifications. On the Contract Plans, Working Drawings, and Standard Plans, figured dimensions shall take precedence over scaled dimensions. This order of precedence shall not apply when Work is required by one part of the Contract but omitted from another part or parts of the Contract. The Work required in one part must be furnished even if not mentioned in other parts of the Contract. If any part of the Contract requires Work that does not include a description for how the Work is to be performed, the Work shall be performed in accordance with standard trade practice(s). For purposes of the Contract, a standard trade practice is one having such regularity of observance in the trade as to justify an expectation that it will be observed by the Contractor in doing the Work. In case of ambiguities or disputes over interpreting the Contract, the Engineer's decision will be final as provided in Section 1-05.1 of the Standard Specifications for Road, Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation (WSDOT). 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 required in the Contract and every part thereof. Construction Contract Contract G Version 1.1 Page 2 of 16 The Contractor shall perform any alteration in or addition to the work provided in the Contract and every part thereof. 4. Agreement to Full Performance. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 5. Insurance Coverages Required. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in Washington State with a current A.M. Best rating of no less than A: a. Workers Compensation Insurance. The Contractor shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of the Contract and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all state and federal laws. This coverage shall extend to any subcontractor without their own worker's compensation and employer's liability insurance. b. Commercial General Liability Insurance. The Contractor shall maintain Commercial General Liability Insurance 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: i. Broad Form Property Damage with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability including completed operations (contractors only); iv. Premises - Operations Liability(M&C); v. Independent Contractors and Subcontractors; and vi. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. The Contractor shall maintain coverage arising out of the Contractor's completed operations for at least three years following completion of the work described in the Scope of Services. c. Automobile Liability Insurance. The Contractor shall maintain a policy of Automobile Liability Insurance with a minimum limit per occurrence of$1,000,000 for bodily injury and property damage, unless otherwise specified in the Special Provisions. This insurance shall contain the following coverage: Construction Contract Contract G Version 1.1 Page 3 of 16 i. Owned automobiles; ii. Hired automobiles; and, iii. Non-owned automobiles. The County shall be named as an additional insured party under this policy. 6. Requirements Applicable to All Insurance Policies. a. The C2ontractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed.The County reserves the right to approve or reject the insurance provided, based upon the insurer's financial condition. b. 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. c. 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. d. 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. e. 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. f. 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. g. 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. h. 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 Construction Contract Contract G Version 1.1 Page 4 of 16 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. i. 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. j. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. k. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Chapter 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with the Contract. 1. 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 the Contract. m. The County may, upon the Contractor's failure to comply with all provisions of the Contract relating to insurance,withhold payment or compensation that would otherwise be due to the Contractor. n. Section 5 (Insurance Coverages Required) and this Section shall survive the expiration or termination of the Contract. 7. Compliance with Laws. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under the Contract. The Contract shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. 8. Indemnity. 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 the Contract, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that the 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 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 for which indemnity is provided include, but are not limited to claims 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 Construction Contract Contract G Version 1.1 Page 5 of 16 trade practice or an unlawful restraint of competition. This section shall survive the expiration or termination of the Contract. 9. Contractor's Assumption of the Liability of its Employees. 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 the Contract and,solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 RCW. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. If the County incurs any costs to enforce this subsection, all cost and fees shall be recoverable from the Contractor. This section shall survive the expiration or termination of the Contract. 10. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of the Contract shall be submitted in writing within 10 days to County Risk Manager, whose decision in the matter shall be final,but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under the Contract,each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. The provisions of this section shall survive the expiration or termination of the Contract. 11. Independent Contractor. 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 the Contract 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. 12. Contract Bond or Statutory Retained Percentage. The County, at its option, may demand that the Contractor deliver to the County an executed Contract Bond as security for the faithful performance of the Contract and for payment of all obligations of the Contractor. For contracts of$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract Bond; the County shall withhold 10%of the contract amount in accordance with RCW 39.08.010. If applicable,the Contractor shall indicate this option on Exhibit D. The Contractor shall declare a management option of the statutory retained percentage on Exhibit E. 13. No Oral Waiver. No term or provision of the Contract will be considered waived by either party,and no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Construction Contract Contract G Version 1.1 Page 6 of 16 14. Subcontracting Requirements. Contractor is responsible for meeting all terms and conditions of the Contract including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of the Contract. Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of the Contract. Contractor must provide every subcontractor's written agreement to follow every term of the Contract before the subcontractor can perform any services under the Contract. The Public Works Director or their designee must approve any proposed subcontractors in writing. Any dispute arising between Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of County and without detrimental impact on Contractor's performance required by the Contract. 15. Covenant Against Contingent Fees. Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure the Contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of the Contract. For breach or violation of this warranty, County shall have the right to annul the Contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. Public Records Act. Notwithstanding the provisions of the Contract to the contrary, to the extent any record, including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, Contractor agrees to maintain all records constituting public records and to produce or assist County in producing such records, within the time frames and parameters set forth in state law.Contractor further agrees that upon receipt of any written public record request, Contractor shall,within two business days,notify County by providing a copy of the request per the notice provisions of the Contract. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Notices to Contractor shall be sent to the following address: Construction Contract Contract G Version 1.1 Page 7 of 16 18. Severability. Provided it does not result in a material change in the terms of the Contract, if any provision of the Contract or the application of the Contract to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Contract and the application the Contract shall not be affected and shall be enforceable to the fullest extent permitted by law. 19. Survival. Those provisions of the Contract that by their sense and purpose should survive the term of the Contract shall survive the term of the Contract. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of the Contract include: (a) controlling law; (b) insurance; and, (c) indemnification. 20. Binding on Successors, Heirs and Assigns. The Contract shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. 21. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by the Contract without the express written consent of the County. 22. No Third-party Beneficiaries. The parties do not intend, and nothing in the Contract shall be construed to mean, that any provision in the Contract is to benefit any person or entity who is not a party. 23. Modification of the Contract.The Contract may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. 24. Signature in Counterparts. The Contract may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of the Contract at different times and places by the parties shall not affect the validity of the Contract, so long as all the parties execute a counterpart of the Contract. 25. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 26. Arms-Length Negotiations.The parties agree the Contract has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 27. Maintenance of Records. Each party shall maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either to perform the Contract. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to the Contract will be retained for six years after expiration of agreement.The Office of the State Auditor, federal auditors,the Jefferson County Auditor,and any persons duly authorized by the parties shall have full access and the right to examine these materials during this period. If any litigation, claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to the Contract to the other party, will remain the property of the furnishing party, unless otherwise agreed. Construction Contract Contract G Version 1.1 Page 8 of 16 28. Attachments. Any document in the Contract identified as an attachment or exhibit is part of the Contract and is incorporated by reference into the Contract. 29. Reference to Sections in the Contract. Any reference to a section in the Contract is a reference to a section of the Contract, unless clearly stated to the contrary. 30. Representations and Warranties. The parties represent and warrant that: a. Each person signing the Contract is fully authorized to enter into the Contract on behalf of the party for whom signature is being made; b. Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; c. The making and performance of the Contract will violate no provision of law or of any party's articles of incorporation, charter, or by-laws; d. Each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of the Contract and that no further corporate or other internal approval is necessary; and, e. Each party has read the Contract in its entirety and know the contents of the Contract, that the terms are contractual and not merely recitals, and that they have signed the Contract, having obtained the advice of legal counsel. 31. Index of Exhibits. An index of exhibits to the Contract is below. Checking one of the boxes below means that such an exhibit is effective. Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion ❑ Exhibit B: Certification of Compliance with Wage Payment Statues n Exhibit C: Contract Bond, Jefferson County, Washington ❑ Exhibit D: Contractor's Declaration of Option for Contracts for Less Than $150,000 nExhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage ❑ Exhibit F: Additional Requirements (SIGNATURES FOLLOW ON THE NEXT PAGE) Construction Contract Contract G Version I.1 Page 9 of 16 IN WITNESS WHEREOF, the Contractor has executed this instrument on the clay 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: c���►zed.Qave,me.A N cka,:n , LLC. (Pl ase print) 11 By: 30.c ov\ FivnccrbOV\ (Please print) U (Sig i azure) ?ECI4W1S 1bc . State of Washington,Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS I y-Nollette, District 1 Datt � , , 2/ He t, ' rhour, District 2 to reg : of R rt • District 3 Da e Approved as to form only: PRE-APPROVED CONTRACT FORM Philip C. E unsucker Date Chief 'iv' Deputy Prosecutor Eric uz , Date Public Wo s Director Construction Contract Conoact G Version 1.1 Page 10 0116 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 any of the statements in this certification,such Contractor shall attach an explanation. Spec.io +re c upw#v1Y Mn.rk,r,a�,L1.0 Name of Contractor(Please print) da'10Y-1 41YIll rsoY1 101'')1Y1ft tlaVlaiLi Name and Title of Auth rized Representative(Please print) Signature of Auth rize Representative I am unable to certify to the above statement. An explanation is attached. Pavement Marking on Jefferson County Roads,Calendar Years 2026—2027 43 Project 18020490 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date( ), the bidder is not a"willfill"violator,as defined in R.C.W 49.48.082,of any provision of chapters 49.46,49.48,or 49.52 R.C.W,as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify tinder penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. k. y Bidder's Business Name Signa ure of Au horized Official* Printed Nettie U l hl.r_itLJ_ rkna4ts Title (J .3•30.202tc_.- _-- Patit Date City State Check One, Sole ProprietorshipI I Partnership n Joint Venture Corporation n State of Incorporation,or if not a corporation,State where business entity was formed: DI.16,1.1att (LLCM 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. 2026.2027 Pavement Marking Contract.docx; Pngc 7 of 10 EXHIBIT C Bond No.9498480 CONTRACT BOND JEFFERSON COUNTY,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That Specialized Pavement Marking, LLC ,of 175 Roy Rd SW Bldg C,Pacific,WA 98047 , as Principal, and Fidelity and Deposit Company of Maryland ,as Surety,are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal sum of Dollars ($201,775.00 ), 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 Specialized Pavement Marking, LLC , Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said Specialized Pavement Marking,LLC , 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: Pavement Marking on Jefferson County Roads for Calendar Years 2026 and 2027,County Road Project No.18020490 a 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 31st day of March , 20 26 . Specialized Pavement Marking, LLC Fidelity and Deposit Company of Maryland PRINCIPAL SURETY COMPANY By: --- By: iV _ .—As Ja " C;ntr 45DY‘ -Di5\v;c\ MOB%Ot1 tf By: KD Wa,ato Atto ey-in-act Address of local office and agent of surety company: Lockton Insurance Brokers 777 S. Figueroa Street,52.1dd FI.. Los Angeles,CA 90017 Pavement Marking on Jefferson County Roads,Calendar Years 2026—2027 45 Project 10020490 ALL-PURPOSE AC.KNOWL1 1C;,Ni1.NT A Notary Public or other officer completing this certificate verifies ly the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity ofthat document. ' State of Arizona County of Mar}coua Orr ' }.�.�V before me, "� who proved to me on the basis of satisfactory eri•lvidence ide cetu to be the personlic,personally ppeared___ are subscribed to the within instrument and acknowledgmentp f�whose nerves is/ the seine in his/her/their authorized capacity(ies), and tt bythis/her/me thhe/she/they irs ignature execut©d instrument the person(,or the entity upon behalf'of whibh the person(a) g on the instrument. P (s�acted, executed the 1 certify under PENALTY OP PERJURY under the laws of the State of Arizona that the fore oin?( i AkI 4frNei g g paragraph is true and correct. ..„•• dry Axe el�u � eoNYr ,� Witness my hand and official seal. Signature Notary Public EXHIBIT D CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN$150,000 A. A Contract Bond shall be provided as required. Date Signed B. In lieu of providing a Contract Bond,the County shall withhold 10%of the Contract amount. Date Signed Construction Contract Contract G Version 1.1 Page 14 of 16 EXHIBIT E CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of this contract held in a fund by the Owner until (30) days following final acceptance of the work. Date (n-ay` aoa Signed j6 Soon w e soso"B. I hereby elect to have the Owner deposit the retained percentag� .r 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. t 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 Rctainage Bond in accordance with R.C.W 60.28.011. Date Signed 2026-2027 Pavement Marking Conuacidocx; Page 10 of 10 EXHIBIT F ADDITIONAL REQUIREMENTS The following additional requirements apply: [ADD REQUIRED TERMS OR APPENDICES HERE.] Constriction Contract Contract G Version I Page 16 of 16 • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND TONER OF ATTORNEY KNOW ALL MEN BY TI ILSE PRESENTS:That the ZURICI I AMERICAN INSURANCE COMPANY,a corporation of the Stale of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Christopher Nolan,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which arc set forth on the reverse side hereof and arc hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint II ALEMAN,Ethan SPECPOR,Jaren A.MARX,Janillft MONROE, Sandra CORONA,Jennifer OCIIS,Aldan SMOCK,Lisa CRAIL,Simone GERIIARD,Erin BROWN,Paul ItOI)RIGUEZ, Emily NEWELI.,D. GARCIA,KD WAPA'I'O,Marina TAI'IA,Edward C.SPECTOR, Sarah CAMPBELL,Rachel A.MULLEN,Chase A.SEYFORTII,Alysha M. d1ENIOZA,MB NEELY,Timothy NOONAN of Los Angeles,California,its!me and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surely,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as filly and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAI.AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. 'Me said Vico President does hereby certify that tire extract set forth on the reverse side hereof is a tare copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUAI;fY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 14th day of April,A.D.2025. �` { ,�` ( #£ld.. s'e 3f�� SEA.I f A'1"f ESP: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAI;I'Y AND SURETY COMPANY FIDEt.ITV AND DEPOSIT COMPANY OF MARYLAND //1)ti ,/) Fly: Christopher Nolan Vice President By: Darin E.Brown Secretary State of Maryland Comity of Baltimore On this 14th day of April, A.D.2025, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Christopher Nolan,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instnunent,and acknowledged the execution of sore,and being by me duly swam,deposeth and said),that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my humid and affixed my Official Seal the day and year first above written. I 'yprri(or )td-MCt- s"�S�•r. `�• Genevieve H.Matson Notary Public Ely Commission Expire January 27,2020 Authenticity of this bond can be confirmed at bondvnlidator.zurichnn.cunt or d10-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Pact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may,by written instrument under the attested corporate seal,appoint attorneys-in-fact with authority to execute bonds,policies,recognizances, . stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I,the undersigned,Vice President ofthe ZURICH AMERICAN INSURANCE COMPANY,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OP MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICI I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 151h day of December 1998. RESOLVED: "That the signature of the President or a Vice President mid the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th clay of May, 1994,and the following resolution of the Board of Directors dike FIDELITY AND DEPOSIT COMPANY OP MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY\VIIEREOF,I have hereunto subscribed my name amid allied the coaporatc seals oldie said Companies, this 31st day of March 2026 f 'pr o�'.;\K1,4.4 04, 4:4;AL\ It.1 ki:rse .j i • 71n9Pc,1.4 Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF TIIE CLAIM INCLUI)ING'1'llE PRINCIPAL ON TIIE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 tcp or1sfclaitnattf Ono.coui 800-626-4577 Aothemticity of this bond can he confirmed :it bomdvalidator.zut'lehon.com or 410-559-8790 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: July 20, 2026 Subject: Execution of Contract for; Pavement Marking on County Roads in Calendar Years 2026 through 2027. Statement of Issue: Execution of Contract with Specialized Pavement Marking LLC, of Tualatin, OR, for the project referenced above. Analysis/Strategic Goals/Pro's Et Con's: The Board awarded a bid for 2026-2027 pavement marking services to the above- named party on March 9. This program is consistent with County goals in that it provides for preservation of traffic control infrastructure on Jefferson County roads. Fiscal Impact/Cost Benefit Analysis Contracted pavement marking services are accounted for in the Public Works Road Operations Budgets. The estimated Contract amount for this (2) year contract is $201,775.00 Recommendation: Public Works recommends the Board to execute the contract for pavement marking services with Specialized Pavement Marking, LLC and requests the Board to sign the two (2) Contracts where indicated, and return one signed original Contracts to Public Works for final processing Department Contact: Conor Ferry, Project Manager, 360-385-9168. Reviewed By: Josh ters, County Administrator ate CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) ? (/?job -- 1 CONTRACT WITH: SPECIALIZED PAVEMENT MARKING LLC Contract No: 18020490 Contract For: Pavement Marking on Jefferson County Roads for Calendar Years 2026 through 2027 Term: 2026 through 2027 COUNTY DEPARTMENT: Jefferson County Public Works Contact Person: Conor Ferry Contact Phone: 360-385.9168 Contact email: CferryOco.jefferson.wa.us AMOUNT: $201,775.00 PROCESS: — Exempt from Bid Process Revenue: 180000010.311.10.00.0000 Cooperative Purchase Expenditure: 180000010.54200.48.0000 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund # . RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES C PLIANCF WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: Fin I N/A: ( — ...... CI Z . .............._-. Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: l' I N/A: I J � ._ g... /? 6 Z 6 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 7/15/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 7/15/2026. Pre-approved contract form. DPA Luther reviewed and approved on 7- 15-2026. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL