HomeMy WebLinkAbout092418_ca08 Department of Public Works
O Consent Agenda
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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
Agenda Date: September 24, 2018
Subject: Execution of Contract with Dirt and Aggregate Interchange, Inc. for:
Upper Hoh Road MP 8 Emergency Repair - Guardrail
County Project No. 18020380
CRAB RAP Project # 1618-03
Statement of Issue: Execution of contract to Dirt and Aggregate Interchange, Inc. of
Fairview, Oregon for their bid amount of $28,999.00 for the above referenced
project.
Analysis/Strategic Goals/Pro's Et Con's: This project is to install guardrail between
the road and the Hoh River on the Upper Hoh Road near MP 8 at the location of an
emergency repair following a wash-out caused by high water in the Hoh River in
November 2017. Public Works received two (2) quotes using the MRSC Small Works
process. Public Works awarded the contract to the lowest responsive contractor, Dirt
and Aggregate Interchange, Inc. for their bid amount of $28,999.00.
Fiscal Impact/Cost Benefit Analysis: Construction of this project is funded 90% by a
CRAB RAP Grant, with the remainder the responsibility of Jefferson County.
Recommendation: Public Works recommends that the Board execute all three
originals of the contract with Dirt and Aggregate Interchange, Inc. and return two of
the contracts to Public Works.
Department Contact: Bruce D. Patterson P.E., Project Manager, 385-9169.
Reviewed By:
of,
ip Morlet•unty Admirnstra or Date
CONTRACT
JEFFERSON COUNTY,WASHINGTON
THIS AGREEMENT,made and entered into this day of September 2018,between the COUNTY OF JEFFERSON,
acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36,
R.C.W,as amended and Dirt&Aggregate Interchange, Inc., of Fairview,OR, 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:
This Contract provides for improvements to an approximately 300 foot section of Upper Hoh Road in western Jefferson
County near Forks,Washington by installation of guardrail between the roadway and the Hoh River,and other work,all
in accordance with the Contract Plans,Contract Provisions, and the Standard Specifications for the total sum of
Twenty eight thousand, nine hundred and ninety nine dollars ($28,999.00) 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: with a start date within 15 working days of the
Contractor's receipt of the Notice to Proceed and a completion date of 5 working days thereafter.
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that
may be required for the transfer of materials and for constructing and completing the work provided for in this contract
and every part thereof.
2. The County of Jefferson hereby promises and agrees with the Contractor to employ, and does employ the
Contractor to furnish the goods and equipment described and to furnish the same according to the attached specifications
and the terms and conditions herein contained, and hereby contracts to pay for the same according to the attached
specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the
condition provided for in this contract.The County further agrees to employ the Contractor to perform any alterations in
or additions to the work provided for in this contract that may be ordered and to pay for the same under the terms of this
contract and the attached specifications at the time and in the manner and upon the conditions provided for in this
contract.
3. The Contractor for himself, and for his heirs, executor, administrators, successors, and assigns, does hereby
agree to the full performance of all the covenants herein contained upon the part of the Contractor.
4. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following insurance from
companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County
Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to
the commencement of work to be performed.
The insurance policies required shall provide that thirty(30)days prior to cancellation,suspension,reduction or
material change in the policy,notice of same shall be given to the County Risk Manager by registered mail,return receipt
requested, for all of the following stated insurance policies.
Upper Hoh Road MP 8 Emergency Repair—Guardrail RECEIVED
Construction Contract 0 Page 1 of 10
SEP 1 118
DIRT &AGGREGATE
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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 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.
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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.
Upper Hoh Road MP 8 Emergency Repair—Guardrail
Construction Contract Page 3 of 10
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$150,000 or less,the County and the Contractor may agree that in-lieu of the Contract Bond;
the County will withhold 10%of the Contract amount in accordance with R.C.W 39.08.010. If applicable,the
Contractor will indicate this option on Exhibit D.
9. The Contractor will declare a management option of the statutory retained percentage on Exhibit E.
Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
7 Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
✓ Exhibit B: Certification of Compliance with Wage Payment Statues
✓ Exhibit C: Contract Bond,Jefferson County, Washington
./ Exhibit D: Contractor's Declaration of Option for Contracts for Less Than$150,000
Q✓ Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage
Upper Hoh Road MP 8 Emergency Repair—Guardrail
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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 e_€\-e.rnb2r 1I , 20 12)
Contractor:
Dirt & Aggregate Interchange, Inc.
(Please print)
By: Henry H. Pelfrey, President
(Please print)
+4)
(Signature)
DIRTAII192NP
State of Washington,Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
David W. Sullivan, Chair
Kate Dean, Member
Kathleen Kler, Member
Approved as to form only:
0 C. /1.4........
?445
Philip C. Hunsucker ate
Chief Civil Depu ' :- . •
L
Mont. 'ei •ers, Date
Public or- ctor/County Engineer
Upper Hoh Road MP 8 Emergency Repair—Guardrail
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EXHIBIT A
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.
Dirt & Aggregate Interchange, Inc.
Name of Contractor(Please print)
Henry H. Pelfrey, President
Name and Title of Authorized Repr; ej ative(Please print)
Signature o Autho 'z Represents f e
I am unable to certify to the above statement. An explanation is attached.
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EXHIBIT B
CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES
The bidder hereby certifies that,within the three-year period immediately preceding the bid solicitation date( ),
the bidder is not a"willful"violator,as defined in R.C.W 49.48.082,of any provision of chapters 49.46,49.48,or 49.52
R.C.W, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and
Industries or through a civil judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Dirt & Aggregate Interchange, Inc.
Bidder's Business Name
4/ /
Signature ofA thorize. Offici.
Henry H. Pelfrey
Printed Name
President
Title
9/11 /18 Fairview Oregon
Date City State
Check One:
Sole Proprietorship Partnership Joint Ventures Corporation lX_.
State of Incorporation, or if not a corporation, State where business entity was formed:
Oregon
If a co-partnership,give firm name under which business is transacted:
*If a corporation,proposal must be executed in the corporate name by the president or vice-president (or any
other corporate officer accompanied by evidence of authority to sign). If a co-partnership,proposal must be
executed by a partner.
Upper Hoh Road MP 8 Emergency Repair—Guardrail
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BOND NO: 106912394
EXHIBIT C
CONTRACT BOND
JEFFERSON COUNTY,WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Dirt and Aggregate Interchange, Inc. ,of Fairview, OR ,as Principal,and
Travelers Casualty and Surety Company of Amenca , as Surety, are jointly and severally held and bound unto the COUNTY OF
JEFFERSON,the penal sum of Twenty Eight Thousand Nine Hundred Ninety Nine and 00/100 Dollars ($ 28,999.00 ._.),
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 11th day of September,A.D.,20 18 , the said
Dirt and Aggregate Interchange, Inc: , Principal herein,executed a certain contract with the County of Jefferson,by the
terms,conditions and provisions of which contract the said . Dirt and Aggregate Interchange, 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:
Upper Hoh Road MP 8 Emergency Repair- Guardrail Construction , 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 11th day of September . 20 18 .
Dirt and A•.re•ate Interchan•e, Inc. Travelers Casualty and Surety Company of America
PRINC AL / / SURETY C PANY
By: B .
Henry . Pel rey . Pres dent
By: Robert W. Lagler _...._.........._.__.
Attorney-in-fact
Address of local office and agent
of surety company:
Phoenix Surety&Insurance Agency Inc.
1499 SE Tech Center Place Suite 280
Vancouver,WA 98683
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Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint Robert W.Lagler of Vancouver ,
Washington , their true and lawful Attorney-in-Fact 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 3rd day of February,
2017.
. t ti), � y ev a,�y�� #..
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LhXi. w tom. v
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kS R. Ar
State of Connecticut
By.
City of Hartford ss. 'Robert L.Raney,Setifor Vice President
On this the 3rd day of February,2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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.
In Witness Whereof, I hereunto set my hand and official seal. p.TET
My Commission expires the 30th day of June, 2021 A' C-
* * Marie C.Tetreault,Notary Public
et
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect.
Dated this 11th day of September , 2018 .
ION , $
d
Kevin E.Hughes,Assi tant Secretary
To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.
EXHIBIT D
CONTRACTOR'S DECLARATION OF OPTION FOR CONTRACTS FOR LESS THAN$150,000
A. A Contract Bond will be provided as required.
Date 9 I I I I I Signed p� _ fir 1�
Henry L . Pelfrey,/•res 'dent
B. In lieu of providing a Contract Bond,the County will withhold 10%of the Contract amount.
Date Signed
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EXHIBIT E
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 Signed
D. I hereby elect to provide a Retainage Bond in accordance with R.C.W 60.28.011.
Date 9/1 1 /1 8 Signed J
Henry H Pel ey, `•resid •nt
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