HomeMy WebLinkAbout041017_ca06Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of County Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer-- :—
Agenda Date: April 10, 2017
Subject: Construction Contract for Olympic Discovery Trail Project- South
Discovery Bay, Segment A- Phase 1 Et 2, County Project No.
18019550
Statement of Issue:
Execution of Construction Contract for Olympic Discovery Trail Project- South Discovery
Bay, Segment A- Phase 1 Et 2, County Project No. 18019550, with Interwest Construction,
Inc.
Analysis/Strategic Goals/Pro's Et Con's:
Construction of this project is included in the officially adopted 2017-2022 Transportation
Improvement Program (TIP) and the 2017 Annual Construction Program (Item No. 7 in
each). This contract provides for the construction of the Olympic Discovery Trail between
Old Gardiner Road and Salmon Creek in South Discovery Bay.
Fiscal Impact/Cost Benefit Analysis:
This project has funding from RCO under project #12-1250C with matching funds previously
identified.
Recommendation:
The Board is asked to execute the three (3) originals of the Contract with Interwest
Construction, Inc., and return (2) signed originals to Public Works (attn. John Fleming).
Department Contact:
John Fleming, Project Manager, (360) 385-9217
Reviewed By:
hilip Morley Cou ty A ministrator
Date
CONTRACT
JEFFERSON COUNTY, WASHINGTON
THIS AGREEMENT, made and entered into this day of 2017, 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 Interwest Construction, Inc. of Burlington, WA, 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 fiunish all labor and equipment and do certain work, to -wit: That the Contractor herein
will undertake and complete the following described work:
Construction of a I0 -foot wide asphalt trail adjacent to the east side of US Highway 101, in the vicinity of South Discovery
Bay, includes the construction of a soldier pile wall, geosynthetic reinforced slopes, and SienaScape or approved equal
retaining wall to create a suitable bench for the trail. The section to the south will be constructed on existing, abandoned
railroad grade. Both sections will include removal of vegetation, clearing and grading, roadway (trail) excavation,
stormwater improvements including culvert extensions and a 3 sided precast concrete structure, new asphalt pavement,
signs, fence and guardrail installation, and other work
for the total sum of Nine Hundred Eighty Seven Thousand, Six Hundred Fifty Four dollars and Thirty Two cents
($987,654.32) in accordance with and as described in the attached plans and specifications and the Standard Specifications
of the Washington Department of Transportation which are by this reference incorporated herein and made a part hereof.
The Contractor shall perform any alteration in or addition to the work provided in this contract and every part thereof.
The Contractor shall complete the described work as follows: Contractor time shall begin on the fust working day
following the Notice to Proceed Date. Beginning with the first working day, the project shall be physically complete within
106 working days. Work below the ordinary high water line of fresh water shall only occur between July 1 and August 31,
2017. Work below the ordinary high water line of marine (salt) water shall only occur between July 2, 2017 and February
14,2018.
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.
Revised 72016 Page 1 of
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.
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 htsurance, 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 firrnish 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
Revised 712016 Page 2 of
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 noncontributory 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 render 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 Contractoris
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.
Revised 72016 Page 3 of 9
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.
Revised 72016 Page 4 of 9
IN WITNESS WFTEREOF, the Contractor has executed this instrument on the day and year fust 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 March 24 2017
Contractor:
Interwest Construction, Inc.
(Please print)
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By: Eben Twaddle
(Please '* t)
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,
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(Signature)
INMCI121 OF
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIOD
Kathleen Kler. Chair
David Sullivan, Member
Kate Dean, Member
Approved as orm only:
FOp : Monte
Public
Attorney
P.E.
Director/County Engineer
Date
Date
Revised 72016 Page 5 of 9
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 comtnission 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.
Interwest Construction, Inc.
Name of Contractor (Please print)
Eben Twaddle, President
Name and Title 9f Authorized Representative (Please print)
Signature of Authorize Representative
❑ I am unable to certify to the above statement. An explanation is attached.
Revised 72016 Page 6 of 9
CONTRACT BOND
JEFFERSON COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Interwest Construction, Inc. of Burlington, WA, as Principal, and
Bond No. 106691146
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 Nine Hundred Eighty Seven Thousand, Six Hundred Fifty Four dollars and Thirty Two
cents ($987,654.32), for the payment of which wejointly 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 24th day of March A.D., 2017, the said Interwest
Construction, Inc. Principal herein, executed a certain contract with the County of Jefferson, by the terms, conditions and
provisions of which contract the said Interwest Construction, Inc. Principal herewith, agrees to famish all materials and do
certain work, to -wit: That the said Principal herein will undertake and complete the following described work: County
Project No. 18019550, Olympic Discovery Trail, South Discovery Bay, Segment A, Phase I & 2 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 frill force and
effect.
WITNESS our hands this 24thdayof Mach 2017.
Interwest Construction, Inc.
PRINCIPAL��
By:
Eben Twaddle
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Travelers Casualty and Surety Company of America
SURETY COMPANY
By:
Attomey4n-fact Theresa A. Lamb
Address of local office and agent
of surety company:
HUB International NW, LLC
P.O. Box 3018
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Revised 7/2016 Page 7 of 9
WARNINGTHIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
�x POWER OF ATTORNEY
TRAVELERSJ
Farmington Casually 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
SL Paul Fire and Marine Insurance Company
United States Fidelity and Guaranty Company
SL Paul Guardian Insurance Company
Attorney -In Fact No. 231480
Certificate No. 007098781
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 Guamniv Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insumnce Underwriters. Inc.. is a corporation duly organized under the
laws of the Sure of Wisconsin (herein collectively called the "Companies"). and that the Companies do hereby make. constitute and appoint
Julie M. Glover, S.M. Scott, Michael A. Murphy. Jim W. Doyle, Andy D. Prill, Jim S. Kutch, Chad M. Epple, Sieve Wagner, Theresa A. Lamb, Carl
M. L.ovested 111, Patti White. Teresa Glombecki. and Maxwell Martin
of the City of Bothell , State of Washington , their true and lawful Anomey(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 he signed and thew corporate seals to be hereto affixed, this
day of January 2017
Farmington Casualty Company
Fidelity and Guaranty Insurance Compuny
Fidelity and Guaranty Insurance Underwriters. Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
17th
St. Paul Mercury Insurance Company
Travelers Casually and Surety Company
Travelers Casualty and Surety Company of America
United Slates Fidelity and Guaranty Company
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State of Connecticut
City of Hanford ss.
By:
Robert L. Raney. Senior Vice President
On this the 17th day of January 201! 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, SL Paul Guardian Insurance Company. SL 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
insuument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
p,Tl7
In Witness Whereof, l hereunto set my hand and official sc:i 1.C1iiTAH
My Commission expires the 30th day of June, 2021. O 'OUBr lIG t
�fE�s
56440-5-16 Printed in U.S.A.
Marie C. Tehreault. Notary Pubo.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmlugton 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 Attomeys-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 pan 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 Attomeys-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 he 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.
1, 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 Anomey executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF. I have hereunm set my hand and affixed the seals of said Companies this 24th day of March , 2017 .
A' e 14744-t--=
Kevin E. Hughes. Assistant Sec tary
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To verify the authenticity of this Power of Attorney. call 1-800421-3880 or contact us at www.tmvelersbond.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
FW4=1-3-11 in
CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN $35,000
(Not Applicable)
A. A Contract Bond will be provided as required.
Date
Signed
B. In lieu of providing a Contract Bond, the County will withhold 50% of the Contract amount.
Date
Signed
Revised 7/2016 Page 8 of 9
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
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
D. Retainage Bond
Date: March 24, 2017
Signed
Signed ��
Revised 7/2016 Page 9 of 9
Bond No. 106691147
RETAINAGE BOND
KNOW ALL MEN BY THESE PRESENTS that we
Interwest Construction, Inc.
acorporation under and by virtue of the laws of the State of Washington
and authorized to do business in the State of Washington, as Principal, and
Travelers Casualty and Surety Company of America , a corporation
organized and existing under the laws of the State of Connecticut and authorized to
transact business of surety in the State of Washington, as Surety, are jointly and severally
held and bound unto Jefferson County hereinafter
referred to as Obligee, as Obligee, and are similarly held and bound unto the beneficiaries
of the trust fund created by RCW 60.28 and their heirs, executors, administrators,
successors and assigns, in the penal sum of
Forty-nine Thousand Three Hundred Eighty-two And 72/100THS Dollars
($49,382.72 ) plus 5% of any increases in the contract amount that have
occurred or may occur, due to change orders, increases in the quantities or the addition of
any new item of work.
WHEREAS, on the may of March 12017 the said Principal herein
executed a contract with Jefferson County for
Raflaace of Retainaae bond to Jefferson County for Olympic Discovery Trail South Discovery Bay. Segment A - Phase 1 8 2
WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the
Principal the sum of 5% from monies earned by the Principal on estimates during the
progress of the work, hereinafter referred to as earned retained funds.
WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of earned
retained funds as allowed under Chapter 60.28 RCW.
NOW THEREFORE, this obligation is such that the Surety, its successors and assigns are
held and bound unto the Obligee and unto all beneficiaries of the trust fund created by
RCW 60.28.01 l(l) in the aforesaid sum. This bond, including any proceeds therefrom, is
subject to all claims and liens and in the same manner and priority as set forth for
retained percentages in Chapter 60.28 RCW. The condition of this obligation is also that
if the Principal shall satisfy all payment obligations to persons who may lawfully claim
under the trust fund created pursuant to Chapter 60.28 RCW, to the Obligee, and
indemnify and hold the Obligee harmless from any and all loss, costs and damages that
the Obligee may sustain by release of said retainage to the Principal, then this obligation
shall be null and void, provided the Surety is notified by the Obligee that the
requirements of RCW 60.28.021 have been satisfied and the obligation is duly released
by the Obligee.
Page 2 of 2
IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this
obligation as Principal. The Surety will not be discharged or released from liability for
any act, omission or defenses of any kind or nature that would not also discharge the
Principal.
IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be
binding upon and inure to the benefit of the Principal, the Surety, the Obligee, the
beneficiaries of the trust fund created by Chapter 60.28, Revised Code of Washington
(RCW) and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to
be duly signed and sealed this 24th day of March , 2017
Interest Construction, Inc.
By
- O
Eben 'Twaddle
S • .. In's '�, ; Principal
9'8"11110 Travelers Casualty and Surety Company of America
By: C.
Theresa A. Lamb Attomey-in-fact
V 16• I 1. r r -d:- -
AML 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 Cnderwriters, 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
Attornev-In Fact No. 231480 Certificate No. O 0 7 O 9 8 7 7 9
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
Julie M. Glover. S.M. Scott. Michael A. Murphy, Jim W. Doyle, Andy D. Prill, Jim S. Kuich. Chad M. Epple. Steve Wagner, Theresa A. Lamb. Carl
M. Lovested III, Patti White, Teresa Glombecki. and Maxwell Martin
of the City of $001011 , State of Washington , their we and lawful Ahomey(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, recognizaaces, 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 January 2017
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Cnder. riters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
17th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United Slates Fidelity and Guaranty Company
On;;
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Sure of Connecticut
City of Hartford ss.
By.
Robert I. Rally. Senior Vice President
On this the 17th day of January 2017 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, Fidelitv 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.
p,TFr
In Witness Whereof, I hereunto set my hand and official seal. ' TAA
My Commission expires the 30th day of June. 2021. a�Ltt; i
56440-5-16 Printed in U.S.A.
Marie C. Teveault. Notary Pubhc
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 time 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 pan 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, my Senior Vice President or any Vice
President, my Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or my 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 Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or Weir 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 Attomeys-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
K� (. l
Kevin E. Hughes, Assistant Sec Lary
3" -6 n �`" Satra ��� stF: �/a*rRaas�un^ J • [,/
SEAL' +SEA
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.ravelersbond.com. Please refer in the Attomey-In-Fact number, the
above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS