HomeMy WebLinkAboutBruch and Bruch Construction, Inc. - 020816-? 969a--
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CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of Fevrua p'L` , 20 /P_, between the COUNTY
OF JEFFERSON, acting through the Jefferson County Commissioners and the —D ector 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:
Emergency replacement of culverts and minor realignment of roadway at Undie Road (County Road No 150009)
at Milepost 1.1 as directed by the Engineer in accordance with the rates and provisions attached hereto
for the total sum not to exceed Fifty five thousand dollars ($55,000.00). 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 may include reference to the Washington State Department of
Transportation Standard Specifications. No minimum amount of work is guaranteed.
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.
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.
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.
Revised 3/2015 Pagel of 8
a
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:
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.
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.
Revised 3/2015 Page 2 of 8
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.
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.
Revised 3/2015 Page 3 of 8
r
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.
Revised 3/2015 Page 4 of 8
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 . >AtN cA:" Zp , 20114
Contractor:
(Please print)
By: 00,E&At►
(Please print)
(Signature)
State of Washington, Contractor Registration Number
COUNTY OF J ERSON
BOARD OFeo NERS
f
Davi . Sullivan,-1�v-
r
Phil Johnson,
Kathleen Kler, Chaft-
roved as to foArn only:
ow'l �, ))//) ' 14
David Alvarez ate
Deputy Prosecuting Attorney
2-�G
Moeinders, P.E. Date
Public Works Director/County Engineer
Revised 3/2015 Page 5 of 8
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)
Name and Title of AAorized Representative (Please print)
Signature of Authorize Representative
I am unable to certify to the above statement. An explanation is attached.
Revised 3/2015 Page 6 of 8
CONTRACT BOND Bond No. 106426907
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Bruch & Bruch ConstructionInc__,of Port AngelesWashington_ , _ p
Travelers Casua ty an urety ' as Principal, al and
Compai]y.of America , as Surety, are jointly and severally held and bound unto the COUNTY OF
JEFFERSON, the penal sum of _ Fifty Five Thousand and No/100THS _ Dollars ($ 55 000.00
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 day of _ _ _ , A.D., 20__, the said
Bruch & Bruch Construction, inc. __,,, Principal herein, executed a certain contract with the County ofJetfcrson, by the
terns, 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:
Undie Road MP 1.1 Emergency Repair, County Project No. X01990, County Road No. 150009 _1 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 terns, 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 _ 19th day of January , 2016 .
Bruch _&Bruch Construction Inc
PRINCIPAL
Sean Coleman, Estimator
Travelers Casualty and Surety Company of America
0
LIM
Addt'tfs of local office and agent
of surety company:
Propel Insurance
PO Box 2940
Tacoma, WA 99401
Revised 3/2015 Page 7 of 8
WARNING: THIS POWER OF
WITHOUT THE RED BORDER
Aim 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. 229707 Certificate No. 006178306
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
Karen Swanson, Brent E. Heilesen, Peter J. Comfort, Julie R. Truitt, Christopher Kinyon, Jamie Diemer, Carley Espiritu, and Jennifer L. Snyder
of the City of Tacoma , State of Washington , their true and lawful Attorney(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 27th
day of July 2015
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
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State of Connecticut
City of Hartford ss.
By:
Robert L. Raney, enior Vice President
On this the 27th
day of July 2015 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. tai
My Commission expires the 30th day of June, 2016. ��il8L1G
58440-8-12 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID
Marie C. Tetreault, Notary Public
BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT
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 day of 20
1..1�
Kevin E. Hughes, Assistant SectE',tary
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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
WARNING: THIS 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 day of { 20 tJ(
cis
Kevin E. Hughes, Assistant Sec tary
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SEJLL.
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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
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 01/20/2016 Signed —
Sean Coleman, Estimator
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
Revised 3/2015 Page 8 of 8
BRUCH
1; BRUCH
BRUCH & BRUCH CONSTRUCTION -
Jefferson County- Emergency Rates 2014
EQ-#-
Straight Time
Rate
Overtime
Rate
Double Time
Rate
#7 L
145.00
165.00
196.00
#7 J & L
175.00
205.00
225.00
Solo Dump
105.00
120.00
145.00
#10, #74, #75 3500 gallon Water Trk
95.00
118.00
142.00
Truck & Trailer/Sidedump
120.00
140.00
168.00
#17 Shop Truck w/ mechanic
115.00
138.00
165.00
#20- Cat 321CL Excavator
130.00
155.00
185.00
#20M- with Mower
150.00
175.00
205.00
#21- Hitachi Mini
108.00
132.00
160.00
#22- Cat 330DL Excavator
145.00
170.00
200.00
#23- 315D Excavator
120.00
145.00
175.00
#23B- with Breaker
175.00
195.00
225.00
#24- Cat 330L Excavator
145.00
170.00
200.00
#25- Cat 3308L Excavator
145.00
170.00
200.00
#26- Kobelco 150 Excavator
118.00
140.00
170.00
#27- LB2800 Excavator
125.00
148.00
177.00
#28- Cat 345BI Excavator
170.00
195.00
225.00
#29- Hitachi 200 Long Reach
170.00
185.00
220.00
#30- Terex Loader
120.00
148.00
177.00
#31- L125 Michigan
108.00
133.00
160.00
#32- JD544 Loader
108.00
133.00
160.00
#34- Cat 966 Loader
108.00
133.00
160.00
#35- Cat 980 Loader
125.00
152.00
180.00
#38- JD 310 Backhoe
105.00
130.00
158.00
#39- Cat 446B Backhoe
110.00
140.00
170.00
#41- JD550 Dozer
110.00
135.00
163.00
#43- TD -15 Dozer
115.00
140.00
168.00
#44- JD750 Dozer
115.00
140.00
170.00
#45- JD850 Dozer
125.00
145.00
175.00
#46- JD700 LGP Dozer
125.00
145.00
175.00
#48- D8L Dozer
155.00
185.00
215.00
#50- 850 Grader
130.00
160.00
191.00
#55- 160 Cat Grader
130.00
160.00
191.00
#53- Track Truck
70.00
98.00
120.00
#62, #63, #64- 84 Inch Roller
98.00
122.00
148.00
#67- Cat 618B Scraper
115.00
145.00
175.00
#72, 73, 74, 77- Volvo 30 -ton Truck
135.00
165.00
193.00
#91- Powerscreen
85.00
85.00
85.00
#91J- Pe son Jaw Crusher
175.00
175.00
175.00
Drill
125.00
155.00
185.00
Pilot Car/Pickup Operated
75.00
92.00
112.00
Labor
56.00
77.50
103.00
Grade Hop/ Pipe Layer
58.00
79.50
106.00
Flagger
52.00
68.00
93.00
TCS w/ Pickup
70.001--95.00
120.00
Operator (Rerntal Machine, etc)
69.001-95.00
125.00
Foreman
95.001
125.00
156.00
SNIDER QUARRY
213 East Snider Road Beaver, WA 98305 (MP 213 SRI 01))
1-800-246-5388 (360) 452-5388 FAX: (360) 452-5433
#70-013215
PRICE LIST
October 21, 2014
MATERIAL FOB
5/8" Minus
1 1/4" Minus
1 1/4" Clean
2" Minus
4" Clean
4" Jaw Run
Light Loose Riprap
$ 9.50 Tun
$ 9.00 Ton
$ 10.00 Ton
$ 8.00 Ton
$ 8.00 Ton
$ 7.00 Ton
$ 20.00 Ton (Beaver Falls Quarry)
As more materials become available- will update price sheet- THANK YOU.
t
TERMS FOR EMERGENCY RATES
I. The Agency assumes rates are as stated for a period of 6 months or until modified in writing by
the Contractor. Rates will be fixed prior to initiating work and will remain firm for the duration
of any contract.
2. Operated equipment rates listed shall be full compensation for all work accomplished with said
equipment and shall include (but not be limited to) operators, fuel, maintenance, and all costs
incidental to furnishing and operating the equipment including overhead, profit, B&O tax,
premiums on insurance policies, etc.
3. By virtue of WAC 458-20-171, retail sales tax does not apply to charges made for the
construction or 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.
4. Rates for trucks apply from an agreed upon point of departure and return each day.
5. Rates for equipment will be paid only when the equipment is operated or when an operator is
on site ready to operate the equipment. No payment will be made for equipment parked at the
site. When an operator is responsible for operating more than one piece of equipment, the
equipment time will be split to reflect the actual time operated and the cumulative equipment
time shall not exceed the operator's time on site for the day.
6. All equipment provided shall be in good working condition. No compensation will be provided
for maintenance of equipment before, during, or after projects. Payment will cease
immediately for any equipment that is broken down and for any other equipment that is idled
as a result of the breakdown.
7. Mobilization costs apply only to the transporting vehicle and not to the equipment being
transported.
8. Materials prices listed are FOB at the pit/quarry and do not include sales tax. Sales tax will be
added to any invoice.
9. Cost for Contractor -provided pickups, traffic control devices, and common small tools shall be
incidental to the rates for laborers, flaggers, and equipment.
Updated 2/15/2013
Client#: 57170
BRUCBRUCI
ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY)
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,
02101/2016
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
Propel Insurance
CONTACT
PHONE Wendy Parsons
A/C, No, Ext : 253.761.3263 No ac, :866.577.1326
Tacoma Commercial Insurance
E-MAIL arsons Wend y.Parsons@Propelinsurance.com
ADDRESS: y. elinsurance.com
p
1201 Pacific Ave, Suite 1000
INSURERS) AFFORDING COVERAGE NAIC #
Tacoma, WA 98402
INSURER A: Travelers Indemnity Company 25666
INSURED
Bruch Bruch Construction Inc
INSURER B; Travelers Property Casualty Ins 36161
INSURER C: Ironshore Specialty Insurance 25445
1706 Highway 101 West
INSURER D Charter Oak Fire Insurance Co 25615
Port Angeles, WA 98362
INSURER E:
INSURER F:
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
ADDLSUBR
INSR
WVD
POLICY NUMBER
06LIC EEFF
MM/DO/YYYY
POLICY EXP
MM/DD LIMITS
A
GENERAL LIABILITY
X
X
C08F33788AIND15
5/14/2015
0511412016 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY
—
PREMISES EaENTErrDence$300,000
CLAIMS -MADE OCCUR
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $2,000,000
POLICY X jECT LOC
D
AUTOMOBILE
LIABILITY
X
X
8108F33788ATIL15
5/14/2015
05/14/201 COMBINED SINGLE LIMIT
Ea
X
ANY AUTO
accident $11000,000
BODILY INJURY (Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident) $
X
HIRED AUTOS X AUTOS
PROPERTY DAMAGE $
(Per
Per accident
B
X
UMBRELLA LIAB
X
OCCUR
X
X
CUP8F33788ATIL15
5/14/2015
05/14/201 EACH OCCURRENCE s3,000,000
EXCESS LIAB
CLAIMS -MADE
AGGREGATE s3,000,000
DED X RETENTION $10000
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
C08F33788AIND15
5/14/2015
05/14/201 WC STATU- OTH-
OFFIE/MEEXCLUDED? PROPRIETOR/PARTNER/EXECUTIVE N
N / A
WA Stop Gap Only
E.L. EACH ACCIDENT $1,000.000
Mandatory in
I
(f yes, describe under
E.L. DISEASE - E4 EMPLOYEE $1,000,000
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $1,000,000
C
Contractors
002018601
5/14/2015
05/14/2016 Occurrence: $2,000,000
Pollution Liab
Aggreagate: $2,000,000
Deductible: $10,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Re: Undie Road MP 1.1 Emergency Repair Project.
Jefferson County Department of Public Works are included as Additional Insureds per attached
endorsement(s).
Jefferson County Department of
Public Works
623 Sheridan Street
Port Townsend, WA 98368
ACORD 25 (2010/05) 1 of 1
#S2051754/M2051701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
W 7905-2070 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AMR00
Department 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 Enginee�Ll
Agenda Date: February 8, 2016
Subject: Execution of Contract with Bruch and Bruch Construction, Inc.
Undie Road MP 1.1 Emergency Repair, County Project No. X01990
County Road No.150009
Statement of Issue: Execution of Contract with Bruch and Bruch Construction, Inc. of
Port Angeles, Washington for the above referenced project.
Analysis/Strategic Goals/Pro's Et Con's: Slide activity has severely damaged the
culvert and roadway at Undie Road MP 1.1. The culvert is separating at the joints,
causing recurring sinkholes in the roadway, and requiring county road maintenance
personnel to monitor and perform maintenance on a daily basis. Public Works
recommends taking immediate action to replace the culvert with a solid steel pipe,
which will not separate or deform under the landslide forces. Work also includes
minor road realignment and repair. Public Works recommends award of the
emergency repair contract to Bruch and Bruch Construction in an amount not to
exceed $55,000.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable is $55,000. This
will be funded at 100% by the County Road Fund.
Recommendation: Public Works recommends that the Board execute all three
originals of the Contract with Bruch and Bruch Construction, Inc. and return two
originals to Public Works.
Department Contact: Mark Thurston, P.E., Project Manager, 385-9217.
Reviewed By:
Philip Morley, ty Administrator
2-1
Date
CONTRACT REVIEW FORM 16%
CONTRACT WITH: Bruch and Bruch Construction, Inc.
(Contractor/Consultant)
CONTRACT FOR: Undie Road MP 1.1 Emergency Repair TERM:
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Mark
to
Public Works
Mark Thurston
DEC 3 12015
f360) 385-9210
RETURN BY: 1/4/2015
AMOUNT: $55,000 PROCESS: X Exempt from Bid Process
Consultant Selection Process
Revenue: 180000010.333.20.22 Cooperative Purchase
Expenditure: 180000010.545.00.48 Competitive Sealed Bid
Matching Funds Required: no Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW BY N
Review by: L
Date Reviewed:
PROVED FORM ❑ Returned for revision (See Comments)
Comments
Step 2: REVIEW BY
Review by:
Date Reviewed:
APPROVED AS TO FORM
TTORNEY
Returned for revision (See
Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
David Alvarez
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL �� + ����D
Submit originals and 6 copies of Contract and Review Form with Agenda Bill to BOCC Office. (l(J�
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form is to stay with the contract throughout the contract review process and accompany the Agenda 04AN 112016
JEFFERSON COUNTY
PROSECUTING ATTORNEY
C:\Active Files\Active Projects\Undie Rd MP 1.1\contractor\Contract Review FOrm.dOCx rev. 12/10/2014