HomeMy WebLinkAboutRuss Construction LLC Phase 4 NWSWB and Star Marine - 080326 CONSTRUCTION CONTRACT
JEFFERSON COUNTY,WASHINGTON
THIS CONSTRUCTION CONTRACT(this Agreement) is made and entered into this between the Jefferson
County, Washington (the County), acting through the Jefferson County Board of Commissioners and the
Director of Public Works and Russ Construction LLC(the Contractor).
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement,the parties hereto covenant and agree as follows:
1. Effective Date. This Agreement 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
10 calendar 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 Services. The Contractor agrees to furnish all labor and equipment and do certain work,
to-wit:That the Contractor herein shall undertake and complete the following described work:
The construction of the Phase 4—NWSWB and Star Marine On-site Grinder Pump Installation in
Port Hadlock, Washington. Work includes installation of on-site grinder pump, control panel,
discharge piping, existing building drain connection, grease interceptors, decommissioning of
existing septic tanks and other work, all in accordance with the attached Contract Plans, these
Contract Provisions, and the Standard Specifications
for the total sum of seven hundred ninety-six thousand six hundred thirty four dollars and forty
cents ($796,634.40), including 9.5% sales tax 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 Bidder's
completed Proposal Form, Contract Plans; (3) All Addenda; and, (4) 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.
Cotutniction Contract
1i
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 The County's Standard Plans or Details(if any);
7.Standard Specifications; 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.
Whenever reference is made in the Special Provisions listed in Exhibit F to codes, rules,
specifications, and standards, the reference shall be construed to mean the code, rule,
specification,or standard that is in effect on the Bid advertisement date, unless otherwise stated
or as required by law.
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, 2023 edition, as issued by the Washington State Department of Transportation
(WSDOT).
Constriction Contract 2
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.
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 this Agreement 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 two million dollars ($2,000,000) a
general aggregate of not less than three million dollars ($3,000,000) for bodily injury, death
and property damage, three million dollars ($3,000,000) for Products & Completed
Operations Aggregate,two million dollars($2,000,000)for Personal&Advertising Injury each
offence,and two million dollars($2,000,000)for Stop Gap/Employers Liability each accident..
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.
Construction Contract 3 I ,
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 WSDOT Standard Specifications. This insurance
shall contain the following coverage:
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 Contractor shall provide to the County Risk Manager certificates of insurance with original
endorsements affecting insurance required by this clause prior to the commencement of
work to be performed. The 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 this Agreement 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
Construction C'ontrtct 41
coverage for any and all losses covered by the above described insurance. It is further agreed
by the parties that insurance companies issuing the policy or policies shall have no recourse
against the County (including its employees and other agents and agencies)for payment of
any premiums or for assessments under any form of policy. It is further agreed by the parties
that any and all deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
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 this Agreement.
I. If the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the Contractor refers to an endorsement (by number or
name) but does not provide the full text of that endorsement, then it shall be the obligation
of the Contractor to obtain the full text of that endorsement and forward that full text to the
County within 30 days of the execution of this Agreement.
m. The County may, upon the Contractor's failure to comply with all provisions of this Agreement
relating to insurance,withhold payment or compensation that would otherwise be due to the
Contra ctor.
n. Section 5 (Insurance Coverages Required) and this Section shall survive the expiration or
termination of this Agreement.
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 this Agreement. This Agreement shall be
interpreted and construed in accord with the laws of the State of Washington and venue shall be
in Jefferson County,WA.
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 this Agreement, except for
injuries and damages caused by the sole negligence of the County. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of
liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Contractor and the County, its officers, officials,
employees, agents and volunteers (and their marital communities) the Contractor's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's
negligence. Claims against the County 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
Const[uctton Contract
reproduction of material of any kind, delivered hereunder, constitutes an infringement of any
copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restraint of competition. This section shall survive the expiration or termination of this
Agreement.
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 this Agreement and, solely for the purpose of this indemnification and defense, the
Contractor specifically waives any immunity under the state industrial insurance law, Title 51
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 this Agreement.
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 this
Agreement 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 this Agreement,
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 this Agreement.
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 this
Agreement shall be considered employees of the Contractor only and any claims that may arise
on behalf of or against said employees shall be the sole obligation and responsibility of the
Contractor.
12. Order of Precedence. If there is an inconsistency in this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order: (1) Amendments to this Agreement, (2) Proposal Form, (3) this Agreement, (4)
Exhibits to this Agreement, (5) Contract Plans, (6)the County's Standard Plans or Details (if any),
and (8)WSDOT Standard Plans for Road, Bridge, and Municipal Construction.
13. 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 this Agreement 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
Construction Contract 6
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.
14. No Oral Waiver.No term or provision of this Agreement 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.
15. Severabillty. Provided it does not result in a material change in the terms of this Agreement,if any
provision of this Agreement or the application of this Agreement to any person or circumstance
shall be invalid, illegal, or unenforceable to any extent,the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
16. Survival.Those provisions of this Agreement that by their sense and purpose should survive the
term of this Agreement shall survive the term of this Agreement. Without limiting the generality
of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term
of this agreement include-(a) controlling law; (b)insurance;and,(c) indemnification.
17. Subcontracting Requirements. Contractor is responsible for meeting all terms and conditions of
this Agreement 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 this Agreement.
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 this Agreement. Contractor must provide every subcontractor's written agreement to follow
every term of this Agreement before the subcontractor can perform any services under this
Agreement. The Public Health 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 this Agreement.
18. Covenant Against Contingent Fees.Contractor warrants that he has riot employed or retained any
company or person, other than a bona fide employee working solely for Contractor,to solicit or
secure this Agreement, 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 this Agreement. For breach or violation of this warranty, County shall have the right to
annul this Agreement 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.
19. Public Records Act. Notwithstanding the provisions of this Agreement 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
Construction Contract 71 2
public record request, Contractor shall, within two business days, notify County by providing a
copy of the request per the notice provisions of this Agreement.
20. 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:
Russ Construction LLC
PO Box 336
Montesano, WA 98563
21. No Oral Waiver.No term or provision of this Agreement 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.
22. Severability. Provided it does not result in a material change in the terms of this Agreement,if any
provision of this Agreement or the application of this Agreement to any person or circumstance
shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
23. Survival. Those provisions of this Agreement that by their sense and purpose should survive the
term of this Agreement shall survive the term of this Agreement_ Without limiting the generality
of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term
of this agreement include:(a)controlling law; (b) insurance;and, (c) indemnification.
24. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties' successors in interest, heirs and assigns.
25. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this
Agreement without the express written consent of the County.
26. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be
construed to mean,that any provision in this Agreement is to benefit any person or entity who is
not a party.
27 Modification of this Agreement. This Agreement may be amended or supplemented only by a
writing signed by duly authorized representatives of all the parties.
Construction Contract 8 1:•
28. Signature in Counterparts.This Agreement 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 this
Agreement at different times and places by the parties shall not affect the validity of this
Agreement, so long as all the parties execute a counterpart of this Agreement.
29. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures
shall have the same force and effect as original signatures.
30. Arms-Length Negotiations.The parties agree this Agreement has been negotiated at arms-length;
with the assistance and advice of competent, independent legal counsel.
31. 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 this Agreement. 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. Ail books, records, documents, and other
material relevant to this Agreement 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 this Agreement to the other party,will remain the property of the furnishing party, unless
otherwise agreed.
32. Attachments. Any document in this Agreement identified as an attachment or exhibit is part of
this Agreement and is incorporated by reference into this Agreement.
33. Reference to Sections in this Agreement. Any reference to a section in this Agreement is a
reference to a section of this Agreement, unless clearly stated to the contrary
34. Representations and Warranties. The parties represent and warrant that:
a. Each person signing this Agreement is fully authorized to enter into this Agreement 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 this Agreement 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 this Agreement and that no further corporate or
other internal approval is necessary;and,
Construction Contract 9 i
e. Each party has read this Agreement in its entirety and know the contents of this Agreement,
that the terms are contractual and not merely recitals, and that they have signed this
Agreement, having obtained the advice of legal counsel.
35. Index of Exhibits. An index of exhibits to this Agreement is below. Checking one of the boxes
below means that such an exhibit is effective.
X Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
X Exhibit B: Certification of Compliance with Wage Payment Statues
X- Exhibit C: Performance Bond,Jefferson County,Washington
X- Exhibit D: Payment Bond,Jefferson County,Washington
X- Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained
Percentage
X- Exhibit F:EPA Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Construction Contract 10 r' •
IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below
written,and the Board of County Commissioners has caused this instrument to be executed by and in the
name of said County of Jefferson the day and year first above written.
Executed by the Contractor 7 Z 3 , 20 Z lQ
Contractor:
(Please print)
By: OD 3- A t�(Please print)
[mil
ign Lure)
i
c2AA CC 4- e t ,Z D't1
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOA•D OF COMMISSIONERS
• ILJ // i' 6p.3 24
crudley-Nollette, District 1 Date
rf /(>.. 0q7,6
Heidi Eisen M ur,District 2 Date
lik
4MP1X
----N-Z-16
s•Ft erton,District 3 Date
Approved as to form only:
li 07-22-2026
Jere is :. Luther Date
Civil Del uty Prosecutor
+ii
- --—----‘1101A•
Eric Kuz a Date
Public\Atorks Director
Constmcuon Contract 11:N ,
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 Agreement had one or more public transactions
(Federal,State, or local)terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this certification, such Contractor
shall attach an explanation.
QM SS C Vn S u.C::h on
Name of Contractor(Please print)
FCC .S 5e-u
Name and Title of Authorized Representative(Please print)
/./(
4uthoie Representative
am unable to certify to the above statement.An explanation is attached.
Construction Contract 12l
EXHIBIT B
CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true
and correct.
The undersigned bidder hereby certifies that,within the three-year period immediately preceding the bid
solicitation date (o. -Z b the bidder is not a "willful"violator, as defined in RCW 49.48.082,
or any of the provisions of Chapters 49.46, 49.48, or 49.52 RCW as determined by a 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.
Quss
0n5-tAACh
Bidder's Business Name
77,7
gn of Authorized Official*
r3� Q -S t
Printed Name
CUn+
Title
Date City State
Check One-
Sole Proprietorship Partnership ri Joint Venture Corporation El
State of Incorporation,or if not a corporation,State where business entity was formed:
WClSh \ .�
If a co-partnership,gii.k firm name under which business is transacted:
{If a corporation, proposal must be executed in the corporate name by the president or vice-
president(or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
Construction Contract 13
EXHIBIT C
PUBLIC WORKS PERFORMANCE BOND
to Jefferson County,WA
Bond No. 54276052
Jefferson County, Washington, (County) has awarded to Russ Construction LLC (Principal), a Contract for
the construction of the project designated as Phase 4— NWSWB and Star Marine On-site Grinder Pump
Installation for Port Hadlock UGA, County Project No.4052128-0,in Port Hadlock,Washington(Contract),
and said Principal is required under the terms of that Contract to furnish a bond for performance of all
obligations under the Contract.
The Principal, and United Fire &Casualty Company (Surety),a corporation organized under
the laws of the State of Iowa and licensed to do business in the State of Washington
as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published
in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept.,are jointly and severally
held and firmly bound to the seven hundred ninety-six thousand six hundred thirty four dollars and forty
cents US Dollars($796,634.40) Total Contract Amount,subject to the provisions herein.
This statutory performance bond shall become null and void, if and when the Principal, its heirs,executors,
administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations
under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions,
and changes to said Contract that may hereafter be made,at the time and in the manner therein specified;
and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect.
The Surety agrees to indemnify, defend, and protect Jefferson County against any claim of direct or
indirect loss resulting from the failure of the Principal, its heirs, executors, administrators,successors, or
assigns(or any of the employees,subcontractors,or lower tier subcontractors of the Principal)to faithfully
perform the Contract.
The Surety for value received agrees that no change, extension of time,alteration or addition to the terms
of the Contract,the specifications accompanying the Contract,or to the work to be performed under the
Contract shall in any way affect its obligation on this bond, and waives notice of any change,extension of
time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that
modifications and changes to the terms and conditions of the Contract that increase the total amount to
be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to
Surety is not required for such increased obligation.
This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly
authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original
power of attorney for the officer executing on behalf of the surety.
The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction of
the state of Washington.
Construction Contract Contract(i Vcriion I Approved as to form PM)on i 7
PRINCIPAL Russ Construction LLC SURETY United Fire & Casualty Company
/6,#/#11--a
Principal Signature Date Surety Signature Date
�1 rc 7 7.4,3't i t 'e
{ N��� G Janteane Blyton ..,' .CASUq�,i�,
Printed Name ���` ` -- eo%
Printed Name �
�°/coaaotAT %
n r-
n SEAL i
1 S t Attorney-in-Fact _'` —•— J <=
Title Title \""B"` t44
6
Local office/agent '/2c��APtpS c'�''.ofSurety Company: "41,11,1t,t"
Name IMA Telephone (425)709-3600
Address 10400 NE 4th Street, Suite 900, Bellevue, WA 98004
Construction Contract Contract G Version i Approved as to Form M MO on 18 1
ufoa
UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS.IA
UNITED FIRE&INDEMINiTY COMPANY.DAI.IAS,DCNSUAANCE FINANCIAL PACIFIC INSURANCE COMPANY.ROSEVILLE,CA
POWER OF ATTORNEY
To verify the authenticity of this Power of Attorney,please contact us at
CFG Insurance.118 Second Ave Sh.,Cedar Rapids,IA 52401
telephone(800)343-9130 or email shyer}fiunitedfiregroup gain
THIS POWER OF ATTORNEY IS VOID IF ALTERED
To nodly us of er
a claim,please contact us at surrquniteditregrvup.cvm
KNOW ALL PERSONS BY i i irsr PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of
the State of Iowa; United Fire&Indemnity Company,a corporation duly organized and existing under the laws of the State of Texas; and Financial
Pacific insurance Company,a corporation duly organized and existing.under the laws of the Stateof Caltfomta(herein collectively called the Companies),
and having their corporate headquarters in Cedar Rapids,State of Iowa.does make,constitute and appoint
NICHOLAS FREDRICKSON, ANDREW KERSLAKE, GUY P. ARMFIELD, ROGER KALTENBACH, ELIZABETH R. HAHN, SCOTT
MCGILVRAY, ALEC GUMPFER, GREG LAGREID, DEANNA M. FRENCH, JANA M. ROY, KATELYN COOPER, RONALD J.
LANGE. SCOTT FISHER, SCOTT GARCIA, SUSAN B. LARSON, MINDEE L. RANKIN, REBECCA SARMIENTO, CHRIS
LARSON, KYLE DOZIER, ABBIE A. BONNEY, SANDY L. BOSWELL, JANIE MA, SHARON POPE, BRENDA S. NOLIN,
JANTEANE BLYTON, WILLIAM M. SMITH, GREGORY C. RYERSON. SAHANA COLLINS, GINA WILMINK, HAHNA WOOD,
AUKAI KING, LISA KONNO, EACH INDIVIDUALLY
their true and lawful Attomey(s)-m-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds.undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed $50.000.000.00 and to bind the Companies
thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said
Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effective until revoked by United Fire&Casualty Company,United Fire
&indemnity Company,and Financial Pacific Insurance Company
This Power of Attorney has been duly made,executed and delivered pursuant to.and in accordance with,the articles of incorporation,bylaws,and other
governing documents of each of the respective Companies,and by authority therein granted and under applicable corporate law.
IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its officer and its corporate seal to be hereto affixed this
1st day of April, 2024.
Ag sun ` ;`°mow, ` ��.rr0:, Kyanna M r,Vice Pr ident of
�,, "
t e�q United Fire&Casualty Company
��°'• •.� ''•-^e�,n>0 I United Fire&Indemnity Company
„`~. Financial Pacific insurance Company
State of Iowa,County of Linn.ss:
On this 1st day of Apr i 1 , 2024, before me personally came Kyanna M.Saylor to me known,who being by me duly sworn.did depose
and say;that she is a Vice President of tJNITFT)FiRE&CASUALTY COMPANY,a Vice President oft l sl ITED FiRF&I\-i)F.MNITY COMPANY.
and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY,the corporations described in and which executed the above instrument;that
she blows the sell of said corporations;that the seats affixed to the said instrument are such corporate seals;that these seals were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that she signed her name thereto pursuant to like authority,and acknowledges same
to be the act and deed of said corporations. h `(y/(� -4
vµ � „udith A.Jones
Notary Public j���'�
$ Iowa Notarial Seal
Commission number 173041 My commission L.'pires 04E23:2027
>cw• My Corn minion Expires 04/232027
I.Mary A.Bertsch,do hereby certify that I have compared the fore gone copy of the Power of Attorney and affidavit,and that the said Power of Attorney
has not been revoked and is now in full force and effect.
hi testimony whereof I have hereunto subscribed my name and affixed the corporate seal of each said Company the _day u l ' _ .
BYroefu
,f'; ZN .'`'""�'' .s�' MaryyA.H i,t�arrt S MIA
IL. co.rorwrt <ayr.n a t.-
3 x _! �— f ��,�f United Fin.lc Casualty Company
United Fire&indemnity Company
. ,,;,^`."::. s-‘,....,„„,,.,,,„S Financial Pacific Insurance Company
13P0A00-19 012U26
EXHIBIT D
PUBLIC WORKS PAYMENT BOND
to Jefferson County,WA
Bond No. 54276052
Jefferson County, Washington, (County) has awarded to Russ Construction LLC (Principal), a Contract for
the construction of the project designated as Phase 4— NWSWB and Star Marine On-site Grinder Pump
Installation for Port Hadlock UGA,County Project No.4052128-0,in Port Hadlock,Washington(Contract),
and said Principal is required under the terms of that Contract to furnish a payment bond in accord with
Title 39.08 Revised Code of Washington(RCW)and (where applicable)60.28 RCW.
The Principal and United Fire &Casualty Company (Surety
),a corporation organized under
the laws of the State of Iowa _ and licensed to do business in the State of Washington
as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published
in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept.,are jointly and severally
held and firmly bound to Jefferson County, in the sum of seven hundred ninety-six thousand six hundred
thirty four dollars and forty cents US Dollars ($796,634.40) Total Contract Amount, subject to the
provisions herein.
This statutory payment bond shall become null and void, if and when the Principal, its heirs, executors,
administrators, successors, or assigns shall pay all persons in accordance with RCW Titles 60.28, 39.08,
and 39,12 including all workers, laborers, mechanics, subcontractors, lower tier subcontractors, and
material suppliers, and all persons who shall supply such contractor or subcontractor with provisions and
supplies for the carrying on of such work, and all taxes incurred on said Contract under Title 50 and 51
RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not
been fulfilled,this bond shall remain in full force and effect.
The Surety agrees to indemnify, defend, and protect Jefferson County against any claim of direct or
indirect loss resulting from the failure of the Principal, its heirs, executors, administrators, successors, or
assigns,(or the subcontractors or lower tier subcontractors of the Principal)to pay all laborers,mechanics,
subcontractors, lower tier subcontractors materialpersons, and all persons who shall supply such
contractor or subcontractors with provisions and supplies for the carrying on of such work.
The Surety for value received agrees that no change, extension of time,alteration or addition to the terms
of the Contract, the specifications accompanying the Contract,or to the work to be performed under the
Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice
of any change, extension of time, alteration or addition to the terms of the Contract or the work
performed The Surety agrees that modifications and changes to the terms and conditions of the Contract
that increase the total amount to be paid the Principal shall automatically increase the obligation of the
Surety on this bond and notice to Surety is not required for such increased obligation.
This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly
authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original
power of attorney for the officer executing on behalf of the surety.
The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction
of the state of Washington.
Construction Contract Contract G Vercon 1 Approved a,to Form b1 PAO on 19
PRINCIPAL SURETY
Russ Construction LLC United Fire&Casualty Company
it
ri pa Signature urety Signature .�y Date
Da -
P-us5Jek Janteane Blyton „Nay"' U; rt/i
r %
Printed Name Printed Name z�49` oot:PoRAl c°11.
Y= s� 11
Janury 2.1946
Pt 61( inT Attorney in-Fact %% e��c
. OS'o
Title Title r/'''rtuli�tt�"```\
Local office/agent of Surety Company:
Name IMA Telephone (425)709-3600
Address 10400 NE 4th Street, Suite 900, Bellevue, WA 98004
Construction Contract Contract G Version I Approved as to Form by PAO on. 20
tom UNITED FIRE&CASUALTY COMPANY.CEDAR RAPIDS,IA
UNITED FiRE&INDEMINITY COMPANY,DALLAS,TX
INSURANCE FINANCIAL PACIFIC INSURANCE COMPANY.ROSEVILLE,CA
POWER OF ATTORNEY
To verify the authenticity of this Power of Attorney,please contact as at
I FG Insurance,118 Second Ave SE,Cedar Rapids,IA 52401
telephone(1100)343-9130 or email suretAunitedfirep,roup.com
THIS POWER OF ATTORNEY IS VOID IFALTERED
To notify us of a claim,please contact us at surer}{a uniteddfiregroup.com
KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of
the State of Iowa;United Fire&Indemnity Company,a corporation duly organized and existing under the laws of the State of Texas, and Financial
Paciliic Insurance Company,a corporation duly or<uanized and existmg under the laws of the State of California(herein collectively called the Companies).
and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint
NICHOLAS FREDRICKSON, ANDREW KERSLAKE, GUY P. ARMFIELD. ROGER KALTENBACH, ELIZABETH R. HAHN, SCOTT
MCGILVRAY, ALEC GUMPFER, GREG LAGREID, DEANNA M. FRENCH, JANA M. ROY, KATELYN COOPER, RONALD J.
LANGE, SCOTT FISHER, SCOTT GARCIA, SUSAN B. LARSON, MINDEE L. RANKIN, REBECCA SARMIENTO, CHRIS
LARSON, KYLE DOZIER, ABBIE A. BONNEY, SANDY L. BOSWELL, JANIE MA, SHARON POPE, BRENDA S. NOLIN,
JANTEANE BLYTON, WILLIAM M. SMITH, GREGORY C. RYERSON, SAHANA COLLINS, GINA WILMINK, HAHNA WOOD,
AUKAI KING, LISA KONNO, EACH INDIVIDUALLY
their true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign,seal and execute m its behalf all lawful bonds,undertakings
and other obligatory instruments of simnilar nature provided that no single obligation shall exceed $50,000 000 00 and to bind the Companies
thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said
Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full forte and effective until revoked by United Fire&Casualty Company,United Fire
&indemnity Company.and Financial Pacific Insurance Company
This Power of Attorney has been duly made,executed and delivered pursuant to,and in accordance with,the articles of incorporation,bylaws,and other
governing documents of each of the respective Companies,and by authority therein granted and under applicable corporate law_
IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its officer and its corporate seal to be hereto affixed this
1st day of April, 2024.
jes+' y°N f,f•'"'" _ f�4'-`Su B : �
[vrour: E f oo.arn � '
9i d �; ,,.�6,s I Kyanna M 4 r,Vice Pr ident of
a >. i i """ ,1 % :� i� United Fire&Casualty Company
't`�a,�:'�.�-'�F4 '\ .... ,✓' �t,�,e*'' United Fire&Indemnity Company
Financial Pacific Insurance Company
State of Iowa,County of Linn,ss:
On this 1st day of Apr 1 1, 2024, before me personalty came Kyanna M.Saylor to me known.who being by me duly sworn.did depose
and say,that she is a Vice President of UNITED FIRE.&CASUALTY COMPANY,a Vice President of UNITED FIRE&INDEMNITY COMPANY,
and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY,the corporations described in and which executed the above instrument;that
she knows the seal of said corporations;that the seals affixed to the said instrument arc such corporate seals;that these seals were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that she signed her name thereto pursuant to like authority,and acknowledges same
to be the act and deed of said corporations. ?""c"—‘'12
.:udithA.JonesJwuti Notary Public:
Iowa Notarial Seal
Commission number 173041 My commission .-pires: 04/23.2027
'a.• My Commission Expires 04232027
I,Mary A.Bertsch,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit.and that the said Power of Attorney
has not been revoked and is now in full force and effect
I n 1.7.[unon} '.'hereof 1 have Iiereunto subscribed my name and affixed the corporate seal of each said Company�this2ai day of _
y
n%.. 'bV'I
19 x„ 5 =� COMA, ‘14,` . Mary A.Bertsch, sistant Secretary of
=_i —.— . f 3 \, _�' ,..*ate*,04 United Fire&Casualty Company
1. ssat 'a 0...,..',. 1 :6;
����_ a United Fire it indctonaty Company
' ' ,44 ''' Financial Pacific Insurance Company
,44 n
13PUA00-19 01202E
EXHIBIT E
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT
OF STATUTORY RETAINED PERCENTAGE
A. I hereby elect to have the retained percentage of this Agreement held in a fund by the County until
(30)days following final acceptance of the work.
Date Signed
B. I hereby elect to have the County deposit the retained percentage of this Agreement 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 County invest the retained percentage of this Agreement from time to time
as such retained percentage accrues.
I hereby designate as the repository for the escrow of
said funds.
I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing
said retained percentage in escrow and investing it as authorized by statute.The County shall not be liable
in any way for any costs or fees in connection therewith.
Date Signed
D. I hereby elect to provide a Retainage Bond in accordance with RCW 60.28.011.
Date 1 ' T„3 .L. 42 Signed/ ,✓ (
Construction Contract 18 11'
RELEASE OF RETAINAGE BOND
Bond No. 55231716
KNOW ALL BY THESE PRESENTS.That we Russ Construction LLC
P.O. Box 336, Montesano,WA 98563 as Principal.
and United Fire&Casualty Company
a Corporation of the State of Iowa .lawfully doing business in the State of Washington
as Surety.arc held and firmly bound unto County of Jefferson
in the penal sum of
Thirty-nine Thousand Eight Hundred Thirty-one&72/100 Dollars( $39,831,72 ).
for which snm welt and truly to be paid said Principal and Surety bind themselves jointly and severally.firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT.
Whereas:Under a contract dated 1 2_3• between the above principal and obligee.said principal has agreed to construct
Phase 4-NWSWB and Star Marine On-site Grinder Pump Installation for Port Hadlock UGA County
County Project No.405-2128-0. EPA Grant No 02J97501 and
•
Whereas.The said obliacc has agreed to a release of rctainaec bond in licu of retainagc as specified under said section of the above mentioned
contract.and the principal has fiirnishcd a surety bond guaranteeing the satisfactory performance of said contract in accordance with its terms.
agreements.covenants and conditions on his part to be observed.
Now. Therefore: The condition of this obligation is such that. if the principal shall make repayment to the Obligee. in any amount, of such
released retainage. as appropriate under the terms and conditions of the contract. and shall well and truly perfomu and fulfill all the covenants
and conditions of the aforesaid contract,then this obligation shall be null and void.
It is further provided that no action shall be instituted against this bond unless commenced.and process duly served within six(6)months after
the completion date specified in the contract.
Signed.sealed and delivered this 2_,1) day of /( . 2026
Russ Construction LLC
Principal (Seal)
United Fire&Casualty Company '' x
Janteane Blyton ttomey-in-Fact
L 1 -12:34 n.T7
Exhibit F
EPA Contract Provisions for
Non-Federal Entity Contracts
Under Federal Awards
Exhibit F EPA Contract Provisions
Phase 4-NWSWB and Star Marine On-Site Grinder Pump Installation
Appendix II to Part 200,Title 2(up to date as of 3/04/2026) Appendix II to Part 200,Title 2(Mar.4,2026)
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards pp
This content is from the eCFR and is authoritative but unofficial.
Title 2—Federal Financial Assistance
Subtitle A—Office of Management and Budget Guidance for Federal Financial Assistance
Chapter II—Office of Management and Budget Guidance
Part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for
Federal Awards
Authority: 31 U.S.C. 503;31 U.S.C.6101-6106;31 U.S.C. 6307;31 U.S.C.7501-7507.
Source: 89 FR 30136,Apr.22,2024,unless otherwise noted.
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-
Federal entity under the Federal award must contain provisions covering the following, as applicable.
A Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative,contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
B All contracts in excess of$10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be effected and the basis for settlement.
C Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that
meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339),as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
D Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all
prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the Copeland
"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be
2 CFR Appendix-II-to-Part-200(D)(enhanced display) page 1 of 3
xhibit F EPA Contract Provisions
Phase 4-NWSWB and Star Marine On-Site Grinder Pump Installation
Appendix II to Part 200,Title 2(up to date as of 3/04/2026)
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 2 CFR Appendix-II-to-Part-200(E)
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-
Federal entity must report all suspected or reported violations to the Federal awarding agency.
E Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market,or contracts for
transportation or transmission of intelligence.
F Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement"under 37 CFR§401.2(a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements;'and any implementing regulations issued by the awarding
agency.
G Clean Air Act(42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards,orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
H Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)
must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension."SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
I Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non-Federal award.
J} See§ 200.323.
2 CFR Ap endix-II-to-Part-200Q)(enhanced display) page 2 of 3
Exhibitp F EPA Contract Provisions
Phase 4-NWSWB and Star Marine On-Site Grinder Pump Installation
Appendix A to Part 33,Title 40(up to date as of 3/04/2026) Appendix A to Part 33,Title 40(Mar.4,2026)
Term and Condition
This content is from the eCFR and is authoritative but unofficial.
Title 40 —Protection of Environment
Chapter I —Environmental Protection Agency
Subchapter B—Grants and Other Federal Assistance
Part 33 —Participation by Disadvantaged Business Enterprises in United States Environmental
Protection Agency Programs
Authority: 15 U.S.C. 637 note;42 U.S.C.4370d,7601 note,9605(f);E.O. 11625,36 FR 19967,3 CFR, 1971 Comp.,p. 213; E.O.
12138,49 FR 29637,3 CFR, 1979 Comp.,p.393; E.O. 12432,48 FR 32551,3 CFR,1983 Comp.,p. 198,2 CFR part 200.
Source: 73 FR 15913,Mar. 26,2008,unless otherwise noted.
Appendix A to Part 33—Term and Condition
Each procurement contract signed by an EPA financial assistance agreement recipient, including those for an
identified loan under an EPA financial assistance agreement capitalizing a revolving loan fund, must include the
following term and condition:
The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration
of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these
requirements is a material breach of this contract which may result in the termination of this contract or other
legally available remedies.
Appendix A to Part 33,Title 40(Mar.4,2026)(enhanced display) page 1 of 1
Exhibit F EPA Contract Provisions
Phase 4-NWSWB and Star Marine On-Site Grinder Pump Installation
idgeUNITED FiRE&CASUALTY COMPANY,CEDAR RAPIDS.IA
UNITED FIRE&INDEMINITY COMPANY,DALLAS.DC
�SURANCE FINANCIAL PACIFIC INSURANCE COMPANY,ROSEVILLE.CA
POWER OF ATTORNEY
To verify the authenticity of this Power of Attorney,please contact us at
L Ft;Insurance,118 Second Ave SE,Cedar Rapids,IA 524Ut
telephone(800)343-9130 or email suretpii unitedfrregroup.com
THIS POWER OF a1TORNEY IS VOID IF ALTERED
To notify us of a claim,please contact us at suretya unitedfireeroap.wm
KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of
the State of Iowa;United Fire&Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas;and Financial
Pacific Insurance Company,a corporation duly organized and existing tinder the laws of the State of California(herein collectively called the Companies),
and having their corporate headquarters in Cedar Rapids.State of Iowa,does make,constitute and appoint
NICHOLAS FREDRICKSON, ANDREW KERSLAKE, GUY P. ARMFIELD, ROGER KALTENBACH, ELIZABETH R. HAHN, SCOTT
MCGILVRAY, ALEC GUMPFER, GREG LAGREID, DEANNA M. FRENCH, JANA M. ROY, KATELYN COOPER, RONALD J.
LANGE, SCOTT FISHER, SCOTT GARCIA, SUSAN B. LARSON, MINDEE L. RANKIN. REBECCA SARMIENTO, CHRIS
LARSON, KYLE DOZIER, ABBIE A. BONNEY, SANDY L. BOSWELL, JANIE MA, SHARON POPE, BRENDA S. NOLIN,
JANTEANE BLYTON, WILLIAM M. SMITH. GREGORY C. RYERSON, SAHANA COLLINS, GINA WILMINK, HAHNA WOOD,
AUKAI KING, LISA KONND, EACH INDIVIDUALLY
their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings
and other obligatory instniments of similar nature provided that no single obligation shall exceed $50,000,o00.00 and to bind the Companies
thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said
Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full fore and effective until revoked by United Fire&Casualty Company.United Fire
&Indemnity Company,and Financial Pacific insurance Company
This Power of Attorney has been duly made,executed and delivered pursuant to,and in accordance with,the articles of incorporation,bylaws,and other
governing documents of each of the respective Companies.and by authority therein granted and carder applicable corporate law.
IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its officer and its corporate seal to be hereto affixed this
1st day of April, 2024.
By:
_ g Kyanna M r,Vice Pr:idetit of
\� J United Fire&Casualty Company
..mod �.g,„,.•,. '` United Fire&Indemnity Company
Financial Pacific Insurance Company
State of Iowa.County of Linn,ss.
On this 1st day of April, 2024. before me personally came Kyanna M.Savior to me known.who bew by me duly sworn.did depose
and say;that she is a Vice President of UNITED FIRE&CASUALTY COMPANY.a Vice Presid pit of UNITED FiRE&INDEMNITY COMPANY,
and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY,the corporations described m and which executed the above instrument;that
she knows the seal of said corporations,that the seals affixed to the said instrument arc such corporate seals;that these seals were so affixed pursuant to
authority given by the Boards of Directors of said corporations and that she signed her name thcrzto pursuant to like authority,and acknowledges same
to be the act and deed of said corporations.
Notary Public:
Jucith A.Jones
Iowa Notarial Seal
ieo$
Commission number 173041 h1v commission vine 04:2 ;2027
My Commission Expires 04/232027
I,Maly A.Bench,do hereby certify that I have compared the foreeourz copy of the Power of Attorney and affidavit.and that the said Power of Attorney
has not been revoked and is now in full force and effect.
In testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of each said Comp-aaaannnnnnyy(((yJt hri7i.,2.,3 iIa' of
i} , 2
a r.sic� yty Ely; , \t[Y�" _ �..
Mary A.Bertsch. .ststarit Secn-tary of
_m;� „� 6S 1 United Fire&Casualty Company
= United Fire&Indemnity Company
*n� � -°c++•:- `O"*,T Financial Pacific insurance Company.
UP0A0049 012026
ACC)RD® DATE(M►i/DD/YYYnO
�.-- CERTIFICATE OF LIABILITY INSURANCE 07/13/2028
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT1oN ONLY ANDCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY
AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTfnUTEACONTRACT BETWEEN THE ISSUING INSURER(St
AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is anADDiONALINSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed_If SUBROGATION IS WAIVED,subject to the tenneand
conditions of the pocky,certainpoliciesmayrequireanendorsement.Astatementonthismtificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).
PRODUCER CONTACT
NAME Garrett Brown
Aaron Grasser(79063EJ) PHONE FAX
250b Westlake Ave WC,NO.EXT):360-498-6262 WC.NO):360-496.6093
E-WWL
Mn-ton WA 98356 ADDRESS: Barrett-agrassertfarmersagency.com
INSURERS)AFFORDING COVERAGE NAIC#
INSURED INSURER A: Champlain Specialty Insurance Company 76890
INSURER B: Farmers Insurance Exchange 21652
Russ construction LLC. DBA Russ Construction Inc `—
9 Glenn Road North iNwRERc: Champlain Specialty Insurance company 76890
Montesano,WA 98563 INSURERD: Champlain Specialty Insurance Company 76980
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 NAME ABOVE FORME POLICY PERIOD INDICATED_NOTWITHSTANDING ANY
REQU IR EM ENT.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,D(CLUSIONS AND CONDITIONS OF SUCH POLICIES.OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDTL SUER POUCY NUMBER POUCYEFF POIJCYEXP UMIrs
LTR INSD WILD (MM/DO/WYY) (AM/Do/Yew)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
, DAMAGE TO RENTED
1 CLAIMS-MADE X OCCUR REMISES(Ea Occurrence) $ 100,000
MED BOP(Any one person) $ 5,000
A Y y I iCSAR-CGL-0010339-01 01/3012026 01/30/2027 P &ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMIT APPUESPER: GENERALAGGREGATE $ 2,000,000
g POUCYrj PROJECT C LOC PRODUCTS-COMP/OPAGG $ 1,000,000
OTHER: $
AUTOMOBILEUABILrTY I COMBINED SINGLE LIMIT $ 1,000,000
(Ea aft)
X ANY AUTO BODILY INJURY(Per person) $ 1,()00,000
OWNED AUTOS Ne SCHEDULED
B AUTOS BODILYINJURY(Peraccldent)$
ONLY
y N 607076776 04l24r2fl25 04@42026
HIRED AUTOS NON-OWNED PROPERTY DAMAGE
ONLY AUTOS ONLY (Per accident) $ 1,000,OOC
i $ —
UMBRELLA UAB OCCUR EACH OCCURRENCE S 5,000,000
C )( EXCFSSUAB ; CLAIMS-MADE , y y CSAR-CEL-0010340-01 01/302026 01/30/2027 AGGREGATE S 5,000,000
I DED RETENTIONS $
WORKERS COMPENSATION PER OTHER $
AND EMPLOYERS'LIABILITY STATUTE
ANY PROPRIETOR/PARTNER/ Y/N E.L.EACHACCIDENT $ 1,000,OOC
A EXECUTIVE OFFICER N/A/MEMBER y y CSAR-CGL-0010339-01 01/30/2026 01/3012027 ELOISFASE-EAEMPtAYff 1,000,OOC
EXCLUDED?(Mandatory in NH) 1
Ifyes,describe under DESCRIPTION OF
OPERATIONS below E.L.DISEASE-POLICY marS 1,000.00C
d Equipment property Coverage (
y y CSAR-CGL-0010339-01 01/3012026 01/30/2027 Property/equipment 1111" 2,000,00C
Rented or Leased
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
Project Phase 4 Northwest school or wooden boatbullding(NWSWB)and star Marine Onsite Grinder Pump Installationfor Port Hadlock Urban Growth Area(PHUGA)
Location:42 North Water,Port Hadlock,WA 93339
CERTIFICATE HOLDER CANCELLATION
Jefferson County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
Department Of Public Works DATE THEREOF NOTICE WIILBEDEUVEREDIN ACCORDANCE WITH THE POLJCYPROVISIONS.
1820 jeffersen street AUTHORIZED REPRESWTAT1VE Garrett Brown
Po Box 1220,port towns WA 96368
ACORD 25(2016/03) 11988-2015 ACORD CORPORATION_All Rights Reservec
31-:7R 11-i; The ACORD name and loan are reaistered marks of ACORD
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator
From: Eric Kuzma, Public Works Director
Agenda Date: August 3, 2026
Subject: Execution of Contract with Russ Construction LLC for Phase 4— NWSWB
and Star Marine On-site Grinder Pump Installation for Port Hadlock UGA,
Project No. 40521280, EPA Grant No. 02J97501
Statement of Issue: Execution of Contract with Russ Construction LLC for Phase 4— NWSWB
and Star Marine On-site Grinder Pump Installation for Port Hadlock UGA, Project No. 40521280,
EPA Grant No. 02J97501
Analysis/Strategic Goals/Pro's& Con's: The Board awarded this construction contract to Russ
Construction LLC on July 6, 2026. The contractor has provided the required Performance Bond,
Payment Bond and Insurance and the Contract is ready for final signature. This work will be
performed over the course of 66 working days and with a early start date of September 1, 2026
or a late start date of October 5, 2026.
Fiscal Impact/Cost Benefit Analysis: The bid amount is $796,634.40, including 9.5%
Washington State Sales Tax (WSST). This project is fully funded by the Environmental
Protection Agency (EPA) FY2022 and FY2023 Community Grant funds.
Recommendation: Public Works recommends that the Board execute one (1) original of the
Contract with Russ Construction LLC and return to Public Works.
Department Contact: Samantha Harper, P.E., Project Manager, 385-9175.
Reviewed By:
-7/a5 A6
Josh Peters, County Administrator Date
CONTRACT REVIEW FORM I Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Russ Construction LLC Contract No: PFJ�2(o-on,
Contract For: Phase 4 NWSWe and Ste,Marina On ate Gander Puny Inslallahon for the PHUGA Sarre,System Term:
COUNTY DEPARTMENT: Public Works
Contact Person: Samantha Harper
Contact Phone: 360-385-9175
Contact email: sharper@co.jetterson.wa.us
AMOUNT: $796,634.40 PROCESS: — Exempt from Bid Process
Revenue: $796,634.40 Cooperative Purchase
Expenditure: $796,634.40 1/ Competitive Sealed Bid
Matching Funds Required: N/A ^ Small Works Roster
Sources(s) of Matching Funds EPA FY22 and FY23 Community Grant _ Vendor List Bid
Fund# 405-Sewer Fund RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPT R 42.23 RCW.
CERTIFIED: E N/A:E l aT-S)1
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. Z
CERTIFIED: a N/A: fl �i /[d b0-2-Jr
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/22/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/22/2026.
DPA Luther reviewed and approved on 7/22/26.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(1F REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1