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HomeMy WebLinkAboutInterwest Construction, Inc. - 041017CONTRACT JEFFERSON COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of ` i? 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 furnish 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 10 -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 SierraScape 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 first 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 7/2016 Page 1 of 9 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 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 Revised 7/2016 Page 2 of 9 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. 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. Revised 7/2016 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 7/2016 Page 4 of 9 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 March 24 , 2017 Contractor: Interwest Construction, Inc. (Please print) Eben Twaddle (Please ri t) (Signature) INTERCI121OF State of Washington, Contractor Registration Number CONsrp, '14,1fo s :V M SEAL 7987 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Approved as orm only: Z--� '�32 ?-/" �Ci-' Monte Public Date ifg Attorney rs, P.E. Date Director/County Engineer Revised 7/2016 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 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. Interwest Construction, Inc Name of Contractor (Please print) Eben Twaddle, President Name and Title of Authorized Representative (Please print) Signature of Authorize Representative I am unable to certify to the above statement. An explanation is attached. Revised 7/2016 Page 6 of 9 CONTRACT BOND Bond No. 106691146 JEFFERSON COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That Interwest Construction, Inc. of Burlington, WA, as Principal, and Travelers Casualty and Surety Company of America as Surety, are jointly and severally held and bound unto the COUNTY OF JEFFERSON, the penal sum of Nine Hundred Eighty Seven Thousand, Six Hundred Fifty Four dollars and Thirty Two cents ($987,654.32), 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 24t-hday 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 furnish 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 1 & 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 full force and effect. WITNESS our hands this 24thday of . March , 2017. Interwest Construction, Inc. Travelers Casualty and Surety Company of America PRINCIPAL SURETY COMPANY By. By: Eben Twaddle \���.,���•�������,,�i� .� cdNsr '►►, �. P0 Attorney-in-fact Theresa A. Lamb V ` m = Address of local office and agent SE AL _ of surety company: �7981 - HUB International NW LLC. �S�/CVO� P.O. Box 3018 Bo hell„ WA 98041-3018 Revised 7/2016 Page 7 of 9 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �A. 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. 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 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 II1, Patti White, Teresa Glombecki, and Maxwell Martin of the City of Bothell , 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 17th day of January 2017 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 Gp6U,� � FIFE �x"'xb -"' i`•`.� r✓""•w,,,y t' (�' �.r y 6'yW`. J ��µ MfG ••�+� INSUq "t POSY ANtl i .��p�`�,'p� '`�� Y O ��s I- J• eo �ryy�p�[/� y< _. _ �p *. jj[fQO: vvo ��� J��J�:_._Qy ,,; g, s` �a RA1ED '+�, ?,� ! �'Ctl N.,>t=;m 3 W fGtlaPOFATf � = 9a YyI 1 9 82�t�t O 9?7 �jt 33 '•' = z E a< HARTfORD< HfiRM1'fN�, .qc cr"�aa �� 19rJ1 yr i+.,SE AL icf ice: 'o¢ w CONN. n e74� WNN' j?. ,"n 1896 b ti c's y �i.5$A.LiY �Otl L .., J .... ^Ma �N � �5.. ..*N r � va '�1 Auto State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 17th da of January 2017 y , 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. � My Commission expires the 30th day of June, 2021.'0118UOS 58440-5-16 Printed in U.S.A. THIS `c'n c�n�► C . ��'weoi�' Marie C. Tetreault, Notary Public EXHIBIT A 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 !`-4 .(,D -/Z 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 24lWay of March , 2017 , the said Principal herein executed a contract with Jefferson County for RPiPase of Retainage bond to Jefferson County for Olympic Discovery Trail South Discovery Bay Segment A Phase 1 & 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 1(1) 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 Interwest Construction, Inc. 11 ti 4� of CONSTRfill ,i O % By o ��-�-- z_�'%,; 0 �9,,y Eben Twaddle Principal - SEA m x981 y� S Travelers Casualty and Surety Company of America ry,1l'+�/NGTO\���• By: Theresa A. Lamb Attorney-in-fact WARNING: THIS POWER OF ATTORNEY IS INVALID 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. 231480 Certificate No. 007098779 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 11I, Patti White, Teresa Glombecki, and Maxwell Martin of the City of Bothell , State of Washington , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2017 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 17th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company J,�.,..•.......,.. _Aq'L, y�P� �y,G b�NW�NE}yt• ��tY�INp i 1982e' o ' WCOppppgTED .% �<coxoon�re�m'�, !W°��pP?ORgrt::$,> � 9m ,j f,r �: �i �� . s � 1977 ..• I ; f r : � ; wp HnHrwHo, �'ruarFopo, � � " 'yrc 1951._ `•SEA •n; '�: 'o: CONN. o �y,�u+NH. N 7896 SEAL: :a 'Oa 'Sy,•..i�' �'���.../! State of Connecticut City of Hartford ss. r j1111 `� By: r� ` Robert L. Raney, Senior Vice President On this the 17th January 2017 of Y , 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. 70 In Witness Whereof, I hereunto set my hand and official seal. G• My Commission expires the 30th day of June, 2021.j01/BUG 58440-5-16 Printed in U.S.A. &A�A 0, - tjo�_ Marie C. Tetreault, Notary Public Department of Public Works O Consent Agenda Page 1 of 1 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 Ft 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 £t 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 WI1AH: CONTRACT REVIEW FORM 1 �-o CONTRACT FOR: Construction of Olympic Discovery Trail TERM: 12/31/2017 Project, South Discovery Bay - Segment A COUNTY DEPARTMENT: Public Works For More Information Contact: John Fleming PE Contact Phone #: 360 385-9217 RETURN TO: Tina RETURN BY: 1/9/2017 (Person in Department) ;'(Date) AMOUNT: $1,208,711 (engineer's estimate) PROCESS: Exempt from Bid Process Consultant Selection Process Revenue: 33402.73 Cooperative Purchase Expenditure: 180.000.010.59500.65 jC Competitive Sealed Bid Matching Funds Required: Yes Small Works Roster Sources(s) of Matching Funds Local Funds Vendor List Bid RFP or RFQ Other Step 1: REVIEW B ME T Review by: �� l7 Date Reviewed: APPROVED FORM 7rned for revision (See Comments) Comments Step 2: REVIEW BY PRO Review by: — Date Reviewed: IVI APPROVED AS TO FORM omments (See Comments) Michael Haas Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTORICONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office. r 1 ; t� rr: 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 Bill.) 1 g + 4�j.. Wbackup of public P drive\PROJECTS\CR860100 Olympic Discovery Trail ODT\Project Management\Contract\RCOl2-1250C Construction Contract\Contract Review Form -Const Contract.docx rev. 6/10/2013