Loading...
HomeMy WebLinkAbout121415_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 Ae- Agenda Date: December 14, 2015 Subject: Emergency Construction Contract w/ Seton Construction Inc. Oil City Road, MP 8.8 Statement of Issue: Execution of an emergency road reconstruction contract with Seton Construction Inc. for a washout at Oil City Road mile post 8.8. Analysis/Strategic Goals/Pro's 8t Con's: Two very large storms occurred within days of each other in November. Flows on the Hoh River reached 38,500 cfs on November 13th and 42,500 cfs on November 17th. The 2 -Year recurrence flood flow is 32,000 cfs. The Hoh River is a dynamic river which changes its channel location regularly during high flow events. This event caused a road washout at the Oil City Road mile post 8.8 which removed the entire roadway for a distance of 275 feet stranding several residents, blocking access to the Olympic National Park trailhead at the road end, severing phone service, and nearly severing power service. Fiscal Impact/Cost Benefit Analysis: Contract amount is $181,000. Recommendation: Public Works recommends that the Board execute all three originals of the contract with Seton Construction and return two (2) originals to Public Works for further processing. Department Contact: John Wayand, Project Manager, 385-9160 Reviewed By: Date CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this 17th day of _November_, 2015 , between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36, RCW, as amended and Seton Construction of Port Townsend, Washington hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to -wit: That the Contractor herein will undertake and complete the following described work: Haul and place rip rap and other work at the Oil City Road MP 8.8 road washout site as directed by the County Engineer and his design ee(s) in accordance with the terms and conditions of this Agreement including Exhibit C, Rates, attached hereto for the total sum not to exceed One Hundred and Seventy Seven Thousand dollars ($ 177,000.00 ). 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 followingverbal 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. Oil City Road Washout Repair MP 8.8 Revised 2/21/14 Page l of 8 If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due The Contractor. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. B. General Liability(1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual/Commercial Liability including completed operations (contractors only); 4. Premises - Operations Liability (M&C); 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. (1)Note: The County shall be named as an additional insured party under this policy. C. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: Owned automobiles; Hired automobiles; and, 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. Oil City Road Washout Repair MP 8.8 Page 2 of 8 Revised 2/21/14 It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of The Contractor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until such time as The Contractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate of coverage indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of this Agreement. The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. 5. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this Agreement. This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. The Contractor shall 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. Oil City Road Washout Repair MP 8.8 Revised 2/21/14 Page 3 of 8 The 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. 4.24.115 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. 9. The Contractor will declare management option of the statutory retained percentage on Exhibit B. Oil City Road Washout Repair MP 8.8 Page 4 of 8 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 November 17, 2015 Contractor: Seton Construction, Inc. (Please print) :A Rick Goodwin (Please print (Sign re SETONC11650A State of Washington, Contractor Registration Number Oil City Road Washout Repair MP 8.8 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kier, Member Phil Johnson, Member David W. Sullivan, Member Approved as to form only: 00 " -A -4x�12-1111r David Alvarez 0Date Deputy Prosecuting Attorney Page 5 of 8 M Reinders, P.E. Date Public Works Director/County Engineer Revised 2/21/14 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. Seton Construction, Inc. Name of Contractor (Please print) Rick Goodwin. General Ma Name and Title of Authori presentative (Please print) ❑ I am unable to certify to the above statement. An explanation is attached. Oil City Road Washout Repair MP 8.8 Page 6 of 8 Revised 2/21/14 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 fund by the Owner until (30) days following final acceptance of the work. Date 11/17/15 Signed B. I hereby elect to have the Owner deposit the retained percentage of this contract in an interest bearing account, not subject to withdrawal until after final acceptance of the work. Date Signed C. I hereby elect to have the Owner invest the retained percentage of this contract from time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The Owner shall not be liable in any way for any costs or fees in connection therewith. Date Signed Oil City Road Washout Repair MP 8.8 Revised 2/21/14 Page 8 of 8 kyi/51r-�f Komatsu 400 210.00 / 247 O.T. Off Road Truck 120.00 /'135.00 O.T. EMERGENCY PAY RATE SCHEDULE for Seton Construction, Inc. (COMPANY) 2014-2015 State Rate Equipment (w/ Operator] Description Regular Overtime Federal Rate Regular Overtime 330 Class Excavator (w/ Thumb) 198.00 235.00 198.00 235.00 310 Class Excavator (w/ Thumb) 163.00 185.00 163.00 185.00 315 Class Excavator (w/ Thumb) 163.00 185.00 163.00 185.00 10 CY Dump Truck 110.00 125.00 110.00 125.00 Dump Truck with Pup 120.00 135.00 120.00 135.00 D-5 Class Dozer 153.00 175.00 153.00 175.00 Low Boy for Mobilization 123.00 140.00 123.00 140.00 Backhoe 103.00 125.00 103.00 125.00 Regular Overtime Labor Regular Overtime Laborer (Inc. pickups and common small tools) 66.00 92.55 66.00 92.55 Flagger (inc. pickups and traffic control devices) 60.00 89.00 60.00 89.00 Materials (FOB @ Pit/Quarry) FOB Price 3 to 4 -man Rock CANYON CREEK QUARRY 24.00/TON Location: SHINE QUARRY 24.00(TON Location., PENNY CREEK QUARRY 24.00/TON Heavy Loose Rip Rap CANYON CREEK QUARRY 18.00rrON Location: SHINE QUARRY 17.00/TON Location: PENNY CREEK QUARRY 17.00/TON Clean Pit Run CANYON CREEK QUARRY 6.50/TON Location: SHINE QUARRY 5.50rTON Location: PENNY CREEK QUARRY 5.50/TON Crushed Surfacing CANYON CREEK QUARRY 11.5OrFON Location: SHINE QUARRY 11.50/TON Location: PENNY CREEK QUARRY 11.50/TON Quarry Spalls CANYON CREEK QUARRY 12.50/TON Location: SHINE QUARRY 12.50/TON Location: PENNY CREEK QUARRY 12,50/TON ATTACN,yJDDJr10NAL SHEETS AS NEEDED List Permitted Dumpsite Locations (If anvl 12 - INCH MINUS - CANYON CREEK $12.50/TON MOBILIZATION - OIL CITY 8.8 PROJECT X01987 $6,000.00 Bruce B. Seton, Jr. , President Seton Construction, Inc. Authorized Company Representative U 1 of 1 11/5/13 CONTRACT BOND JEFFERSON COUNTY; WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That Seton Construction, Inc. of Port Townsend, WA Bond No. 2203890 as Principal, and North American Specialty Insurance Company as Surety, are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal sum of One Hundred Twenty Five Thousand & 00/100 ------------------ Dollars ($125,000.00 ), for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents. The condition of this bond is such that WHEREAS, on the 17th day of November, A.D., 20 15 , the said Seton Construction, Inc. , Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and provisions of which contract the said Seton 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: Oil City Road Washout Repair MP 8.8 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 17th day of November , 2015 . Seton Construction, Inc. PRINCIIPPAL - �, By: r� "'� � '✓ t North American Specialty Insurance Company SURETY COMPANY By: Joanne Reinkensmeyer Attorney-in-fact Address of local office and agent of surety company: Hentschell & Associates, Inc. 1436 S. Union Ave. Tacoma, WA 98405 Oil City Road Washout Repair MP 8.8 Revised 2/21/14 Page 7 of 8 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: THOMAS P. HENTSCHELL. BRADLEY A. ROBERTS. JULIE. A. CRAKER KAREN J. SMITH and JOANNE REINKENSMEYER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50.000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them. hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `a.Z%gluuuurY;'��/q w� Z.10N,t� Steven P. Anderson, scabs Vlee President of Washlarou International Instars Company r SEAL r 1979 �Yi A �a & Senior Vice President of North American Specialty Insurance Company_ ' 00�nnnnuara�t`�``� B Michael A. Ito Sea or cc�Wgtonuaoa, snaan lee ..ompany & Senior Vice President of Nortb American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to.be signed by their authorized officers this ist day of May , 20'15 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 1st day of May , 20L5_, before me, a Notary Public personally appeared Steven P Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito . Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL. M KENNY NOTARY PUBLIC, STATE OF UNOIS MY COMMISWN E7�IRE8124M 017 . i . M. Kenny, Notary Public I, Jeff= Goldberg .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this T1 day of Jeffrey Goldberg, via President & Assistant secretary of Washington intematioml Insurance Company & North American Specialty lnwrena Company r 1. BOND RIDER To be attached to and form part of a Performance/Payment Bond Bond No. 2203890 issued to Seton Construction, Inc. as Principal, and North American Specialty Insurance Company as Surety, in favor of Jefferson County, WA .dated 11/17/2015 It is understood and agreed that the Bond is changed or revised in the particulars as checked below: ( ) Name of Principal changed to: ( x ) Amount of bond changed from: One Hundred Twenty-five Thousand Dollars And Zero Cent ( $125,000.00 to: One Hundred Seventv-five Thousand Dollars And Zero Cent ( $175,000.00 ( ) Other: , as Obligee. ) DOLLARS, ) DOLLARS, Said Bond shall be subject to all its terms, conditions and limitations, except as herein expressly modified. This Bond Rider shall become effective as of December 3, 2015 Signed, sealed and dated North American Specialty Insurance Company By: I& an Reinkensmeyer Attorney -in -Fact ACCEPTED: By: LMS -13170 02/98 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company• a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois. each does hereby make, constitute and appoint: THOMAS P. H£NTSCHELL. BRADLEY A. ROBERTS. JULIE. A. CRAKER. KAREN J. SMITH and JOANNE REINKENSMEYER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION ($50.000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9`h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." J```Q\\�IIUI111�4� mON g y.... y j G� By .ib�rF'•. a ter. S' s Steven P. Anderson, Senior Vice President of Washington International Insurance Company 3l:Al, u` 1979 " & Senior Vice President or North American SPeeWty Insurance Company= ` �'2�rop�i�\baa° i�`"••"-�tl�i�'� '�iiiiNtnualo\\a By �entoa.sInternational assurance ompanyMichael A. Itno�flr & Senior Vice President of North American Specialty insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1st day of May , 2015 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 1st day of May 2015 , before me, a Notary Public personally appeared Steven P. Anderson Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito- Senior to.Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M I�NW NOTARY PUBLIC, STATE OF IWNOIS IN MOS" l7�IRE81210412017 M. Kenny, Nntary Public 1, 1PPfra Goldberg .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still-in,,full force and effect 7 '"' LkCea�� 20 IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this _day of � Jeffrey Goldberg. Vice President & Assistant Secretary or Washington Imernatonal losurance Company & North American specialty Inwmnaa Company A C40 �® l`/ViR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/17/2015 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 Mark W. Maberr NAME: y PHONEFAX Ext: (360) 692-6131 A/C No: (360)692-6187 Ruresman Insurance, LLC ADDRESS:markm@kuresmanins.com 9321 Bayshore Dr. NW INSURERS AFFORDING COVERAGE NAIC # STE 111 INSURER A:L:Lberty Northwest Insurance Co Silverdale WA 98383-8350 INSURED INSURER B : INSURERC: Seton Construction, Inc. INSURER D: 4640 Discovery Rd INSURER E : INSURER F: Port Townsend WA 98368 CCIVFRAnFS CERTIFICATE NLIMBER-CLI5101504107 • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDYEFF /YYYY POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE � OCCUR PREM SES (DA AGE ToE. occurrence) $ RENTED 100,000 MED EXP (Any one person) $ 5,000 X LOGGERS BROAD FORM X Y C12 16-16-02 10/30/2015 10/30/2016 PERSONAL BADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE FI LOC PRODUCTS - COMP/OP AGG $ 2, 000, 000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY (CEO,M.ccidentBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A XANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTO X S AUTOS L C12 16-16-02 10/30/2015 10/30/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident Underinsured motorist $ 1,000,000 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A X EXCESS LIAB CLAIMS -MADE DED RETENTION$ 0 $ C12 16-16-02 10/30/2015 10/30/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE PER X OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A C12 16-16-02 10/30/2015 10/30/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A RENTED/BORROWED EQUIPMENT C12 16-16-02 10/30/2015 10/30/2016 $1,000 DEDUCTIBLE $500,000 INLAND MARINE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) OIL CITY ROAD MP 8.8 ROAD WASHOUT CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED PER CG8416. INSURANCE IS PRIMARY AND NON CONTRIBUTORY WITH WAIVER OF SUBROGATION PER CG8416. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) INSn25 (?mann ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE JEFFERSON COUNTY DEPARTMENT OF PUBLIC WOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 623 SHERIDAN STREET ACCORDANCE WITH THE POLICY PROVISIONS. PORT TOWNSEND, WA 98368 AUTHORIZED REPRESENTATIVE Mark Maberry/MWM-------- ACORD 25 (2014/01) INSn25 (?mann ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD