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HomeMy WebLinkAbout011215_ca06Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director /County Engineer Agenda Date: January 12, 2015 Subject: Execution of Emergency Repair Contract Dosewallips Road Emergency Repair County Road No.25000 County Project No. X01961 Statement of Issue: Execution of Contract with Bruch and Bruch Construction of Port Angeles, Washington for $46,768.25 for the above referenced project. Analysis /Strategic Goals /Pro's Et Con's: On December 101h and 11th, high -flows in the Dosewallips River partially washed -out the Dosewallips Road at MP 3.5. The road has been reduced to a single lane. The Jefferson County Board of County Commissioners declared an emergency on December 11, 2014. Public Works has taken immediate action and received quotes from four contractors for making the emergency repair. Public Works awarded the contract to the lowest responsive contractor, Bruch and Bruch, for $46,768.25. Fiscal Impact /Cost Benefit Analysis: The contract amount is $46,768.25. At this time the emergency repair will be funded 100% by the County Road Fund. However, Public Works is currently pursuing alternate funding through granting agencies. Recommendation: Public Works recommends that the Board execute all three originals of the contract with Bruch and Bruch and return two to Public Works. Department Contact: Jon Watson, P.E., Engineering Services Manager, 385 -9168. Reviewed By: flip Mqrlej, Count ;;5- istrator Date CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of January , 2015 , between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36, RCW, as amended and Bruch and Bruch Construction of Port Angeles, Washington hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor herein will undertake and complete the following described work: Haul and place rip rap and other work at the Dosewallips MP 3.5 slide site as directed by the County Engineer and his designee(s) in accordance with the terms and conditions of this Agreement including Exhibit C, Rates, and Exhibit D, Provisions, attached hereto for the total sum not to exceed Forty -six Thousand Seven Hundred Sixty -Eight and 25/100 dollars (S 8.25). Work is to be directed by the County Engineer and his designee(s) and will be in accordance with any relevant plans and specifications developed for the project and specifically transmitted to the Contractor which include the Washington State Department of Transportation Standard Specifications most current version. The Contractor shall complete the described work as follows: Work to proceed immediately following verbal authorization by the County Engineer and to be pursued at the direction of the County Engineer and his designee(s) until work is complete or otherwise terminated by the County. The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof. 2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the condition provided for in this contract. The County further agrees to employ the Contractor to perform any alterations in or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this contract and the attached specifications at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 4. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. Dosewallips Road Slide Repair MP 3.5 Revised 2/21/14 Page I of I I If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due The Contractor. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. B. General Liability(]) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual /Commercial Liability including completed operations (contractors only); 4. Premises - Operations Liability (M &C); 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. (] )Note: The County shall be named as an additional insured party under this policy. C. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles; 2. Hired automobiles; and, 3. Non -owned automobiles. (2) Note: The County shall be named as an additional insured party under this policy. Any deductibles or self - insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self - insured retention or The Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of The Contractor to take out and /or maintain any required insurance shall not relieve The Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. Dosewallips Road Slide Repair MP 3.5 Revised 221/14 Page 2 of I I It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of The Contractor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until such time as The Contractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement. The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. 5. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. The Contractor shall indemnify and hold the County, and its officers, employees, and agents harmless from and shall process and defend at its own expense, including all costs, attorney fees and expenses relating thereto, all claims, demands, or suits at law or equity arising in whole or in part, directly or indirectly, from the Contractor's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to indemnify the County against and hold harmless the County from claims, demands or suits based solely upon the conduct of the County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from the concurrent negligence of. (a) the Contractor's agents or employees; and, (b) the County, its officers, employees and agents, this indemnity provision with respect to claims or suits based upon such negligence, and /or the costs to the County of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Contractor's negligence, or the negligence of the Contractor's agents or employees. Claims against the County shall include, but not be limited to assertions that the use and transfer of any software, book, document, report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition. Dosewallips Road Slide Repair MP 3.5 Revised 2/21/14 Page 3 of I 1 Tile Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.1 15 and was subject of mutual negotiation. 6. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer- employee or master - servant, and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under this Agreement shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 7. The Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting that the Contractor deliver to the County an executed bond as security for the faithful performance of this contract and for payment of all obligations of The Contractor. For contracts of $35,000 or less, the County and the Contractor may agree that in -lieu of the Bond; the County will withhold 50% of the Contract amount in accordance with RCW 39.08.010. The Contractor will indicate this option on Exhibit A. The Contractor will declare management option of the statutory retained percentage on Exhibit B. Dosewallips Road Slide Repair MP 3.5 Page 4 of l I Revised 2/21/14 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor 20 Contractor: Bruch and Bruch Construction, Inc. (Please print) By: -4-7--LA Please print) 11" ure) (';;Z,jeA 17,C(-70G►N1 State of Washington, Contractor Registration Number Dosewallips Road Slide Repair MP 3.5 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Member Phil Johnson, Member David W. Sullivan, Member 4—W A,wroved as to clv&w�x fo only: Z-?) JL David Alvarez Date Deputy Prosecutin torney " /5� Monte emders, P.E. Date Public Works Director /County Engineer Page 5 of I I Revised 2/21114 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a 3 -year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation. Name of Contractor (Please print) LY ,Iv n/ P7 %-IX44 , V t C.$�—' Name and/Ti, tle of Authorized Represent# tive (Please print) f Authorize Representative I am unable to certify to the above statement. An explanation is attached. Dosewallips Road Slide Repair MP 35 Page 6 of I I Revised 2/21114 EXHIBIT B 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 fiend by the Owner until (30) days fol lowing final acceptance of the work. Date /-4, f q icy Signe B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subject to withdrawal until after final acceptance of the work. Date Signed C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Date Signed DosewalIips Road Slide Repair MP 3.5 Revised 2/21/ 14 Page 8 of I I Exhibit C Rates Item Estimated Price per Unit Total Amount No. Item Description Quantity Unit Dollars Dollars I Mobi I ization/Demobi I ization I LS 3,997.00 3,997.00 Load, Haul, Deliver 2 County Owned Four to Five Man 1,000 TON 11.80 11,800.00 Rock F.O.B. MP 3.5 Load, Haul, and Deliver 700 3 County Owned Heavy Loose Riprap TON 11.80 8,260.00 F.O.B. MP 3.5 4 Load, Haul, Deliver County Owned 225 CY 14.85 3,341.25 Bank Run Gravel F.O.B. MP 3.5 5 Topsoil — Certified Weed Free 50 CY 54.00 2,700.00 6 Excavate and Haul Slide Debris 200 CY 12.80 2,560.00 7 30 Metric Tons Excavator w/ Thumb 40 HR 160.00 6,400.00 (Minimum O eratin Weight) 8 Excavator w/ Hoepack 10 HR 145.00 1,450.00 9 F I agger/S potters Including Class B 80 HR 59.00 4,720.00 Signs & Sign setting/pickup O.T. Upcharge Excavator 10 4 HR 26.00 104.00 Operator 11 O.T. Upcharge Truck Drivers 16 HR 23.00 368.00 12 O.T. Upcharge Flaggers 8 HR 21.00 168.00 13 Performance Bond I LS 900.00 900.00 Total S 46,768.25 O.T (overtime) upcharges will be added to straight time unit costs for each operator per hour. Dosewallips Road Slide Repair MP 3.5 Page 9 of I 1 Revised 2/21/14 Exhibit D Provisions 1) Description of Work: The Contractor shall load and haul County supplied rip rap located at County property at the intersection of Hwy 101 and Penny Creek Rd. and place rip rap to rebuild slide areas on the Dosewalli ps Road at MP 3.5. See attached plan, photos, and typical section. 4 to 5 -man rip rap shall be placed in the bottom half of the slide. A heavy loose rip rap mixture will be used in upper half. Estimated height of structure is 35 feet. The Contractor shall perform work under the direction of the County Engineer's designee. Payment for the work will be in accordance with the items listed on this Proposal Form. 2) Start date: Monday, December 22nd. 3) Mobilization includes transporting to /from the MP 3.5 site a 30 Metric Ton Excavator (minimum excavator size) and other necessary equipment including but not limited to trucks and traffic control items. It shall also include all costs to mobe /demobe equipment at the County's rip rap storage site and other equipment the Contractor deems necessary. If other equipment is later deemed necessary by the Engineer, mobilization will be paid at hourly rates established with the Engineer prior to move. 4) Excavated slide debris will be hauled to the County -owned site at the intersection of Rice Lake Road and Hwy 101. 5) Contractor shall be capable of putting a minimum of 4 solo 10 -12 CY dump trucks on the job or equivalent if using trucks with pups. 6) The Contractor shall arrange to have a representative load from each truck weighed at a scale. If Engineer deems load to not be representative, the Engineer may order a second load from the truck to be weighed. Weight will be used to calculate tonnage hauled and payment. 7) No payment will be made for staged /parked equipment for which no operator is available. 8) All products are quoted F.O.B. delivered at the site located on Dosewallips Road at Milepost 3.5. Trucking time will not be tracked or paid for separately. Costs for equipment loading rip rap at the County's storage site will not be tracked or paid for separately. 9) If products are required that do not have prices quoted, a price will be established with the Engineer prior to use. 10) Include applicable sales and use tax in unit prices above. By virtue of WAC 458 -20 -171, retail sales tax does not apply to charges made in the repair of county roads. On such projects, the Contractor shall pay sales /use tax on materials and supplies used or consumed in the performance of the work. 11) Hourly equipment rates shall include operators, fuel, maintenance, and all costs incidental to furnishing and operating the equipment including overhead, profit, insurance, B &O tax, etc. 12) Contractor may work up to 10 hour days (40 -hour week) Monday through Friday. If overtime is ordered by the Engineer, hourly overtime upcharges quoted will be applied to each person working. Overtime will apply per the Benefit Key Code available at the L &I Prevailing wage web site below. No work is planned on holidays established in the Key Code (i.e. Christmas Day). 13) All wages rates shall meet the minimum prevailing base and fringe rates for Washington State obtained at http: / /www.In i.wa.gov /Trades Licens ing/PrevWage /WageRates /defau It.asp 14) Prior to contract execution, the Contractor shall secure a performance bond for the work in the full bid amount. The County will reimburse the Contractor for the cost of the performance bond. Dosewallips Road Slide Repair MP 3.5 Page 10 or I I Revised 2/21/14 15) Due to uncertainty in the actual quantities that may be required a this site, it is understood that the above prices shall not be subject to renegotiation due to differing quantities. The Contractor shall inform the Engineer immediately if circumstances exist which could result in a request to renegotiate any prices. Dosewallips Road Slide Repair MP 3.5 Page I 1 of l I Revised 2/21/14 Client#: 57170 BRUCBRUC1 DATE ACORD,, CERTIFICATE OF LIABILITY INSURANCE 12/19/2014 (MMIDDfYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Anna Reid Propel Insurance PHONE �i ac No, E.t): 800 499 -0933 (ac, No): 866.577.1326 Tacoma Commercial Insurance E -MAIL amr ro elinsurance.com ADDRESS: GAP P 1201 Pacific Ave, Suite 1000 INSURER(S) AFFORDING COVERAGE NAICN Tacoma, WA 98402 INSURER A: Valley Forge Insurance Company INSURED INSURER B: Continental Casualty Company 20443 Bruch 8 Bruch Construction Inc S hore ecial 1706 Highway 101 West INSURER C: Irons Specialty Insurance Port Angeles, WA 98362 INSURER D: American Casualty Co of Reading - - -- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMRFR- REVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SIR SUER WV POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE u OCCUR X X 2083361476 _ _ 2083361493 5/1412014 511412014 05/14/2015 OCCURRENCE $1 000 000 pEAACCHH PREMISES EaEr IErrOence $3OO OOO s5,000 MEDEXP (Any one person) PERSONAL 6 ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X PROT- LOC PRODUCTS - COMP /OP AGG s2,000,000 $ D AUTOMOBILE X _ X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS _ _ 05114/201 EO,. idO SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 4029254008 2083361476 WA Stop Gap ONLY 002018600 5/14/2014 05/141201 EACH OCCURRENCE s3,000,000 AGGREGATE _ $3 000 000 $ DIED I X RETENTION$10000 1 WC STATU- OTH- A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE Yf N OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) H yes, describe under DESCRIPTION OF OPERATIONS below NIA 0 5/14/2014 05/14/201 E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE - -- $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 C , Contractors Pollution Liab. 5/14/2014 05/14/201 $2,000,000 Ea. Occ. Lmt $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Dosewallips Slide MP 3 -5 Jefferson County Department of Public Works are included as Additional Insureds per attached endorsement(s). c.!.`% i 11`1 rm i LZ nvluEn t,ANLtLLA I IUN Jefferson County Department of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 623 Sheridan Street Port Townsend, WA 98368 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S1610179/M1400898 AMR00 Bond No. 106207674 CONTRACT BOND JEFFERSON COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That Bruch & Bruch Construction, Inc. , of Port Angeles, Washington , as Principal, and Travelers Casualty and Surety Company of America , as Surety, are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal sum of Forty Six Thousand Seven Hundred Sixty Eight and 25 /100THS Dollars ($ 46,768.25 ), 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 19th day of Decern rA.D., 2014_, the said Bruch & Bruch Construction, Inc. , Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said Bruch & Bruch Construction, Inc. , 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: Dosewallips MP 3.5 Slide I 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 22nd day of December _,2014 . Bruch & Bruch Construction, Inc. Travelers Casualtvmd Surety Company of America PRINCIPAL SURE COMPA By: By: Sean Coleman, Estimator By: J nni er Snyder ttorrtey -in -fact Dosewallips Road Slide Repair MP 3.5 Address of local office and agent of surety company: Propel Insurance PO Box 2940 Tacoma, WA 98401 Page 7 of I I Revised 2/21/14 WARNING: THIS i ' ,#k POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 228632 Certificate No. 006134904 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Eric Zimmerman, Karen Swanson, Brent E. Heilesen, James B. Binder, Peter J. Comfort, Jennifer L. Snyder. Julie R. Truitt, Peggy A. Firth, Tamarie Ellingsen, Steve Marinkovich, Christopher Kinyon, Jamie Diemer, Amanda Rush, Casey Jackson, Joy Jennings, Leah Shamberg. Martha Juarez, Stephanie Hansen, Taylor Murray, Tabitha Tomlinson, Carley Espiritu, Mandy Kellner, and Cynthia L. Jay of the City of Tacoma , State of Washington , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business-of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of October 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 20th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GAS U��� yFIRE 6 CS�Eo3 }�: ! °ls...- ....spa r`f '? +if � • A� f,1lr1 Atn8' State of Connecticut City of Hartford ss. By: '44e4� Robert L. Raney, 9ettior Vice President On this the 20th day of October 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hereunto set my hand and official seal. Ft1piMQ/Lt� My Commission expires the 30th day of June, 2016. 'OU8U0 ,tr Marie C. Tetreault, Notary Public 49W t '� 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: I MIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this dayof0teLMbZ e 20 jq Kevin E. Hughes, Assistant Sec tary it � i 26 n a� � �7ED • a �fp�o_��>`�+�. �1��' Oo,�l '' � � � -"I � � � = 1977 1951 �t ssAL o '`• � �' � • t 9 or"o�°` a :� teas O� To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER