HomeMy WebLinkAboutSeton Construction re: Port Hadlock Sewer Project - Phase 1 Site Work - 060523 ��n • �\NJ C� .5 • �3 �j �fi; .
CONTRACT
JEFFERSON COUNTY,WASHINGTON
THIS AGREEMENT, made and entered into this 7 day of -3(N V\ , 20 23 ,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
Seton Construction, Inc. of Port Townsend,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:
Phase 1 - Site Preparation, Earthwork, and Service Utilities Contract for the Port Hadlock
Wastewater Project. Work includes clearing and grubbing; installation of approximately 3,300 LF
of 6-inch influent and 900 LF of 10-inch effluent HDPE pipelines; structural earth wall; earthen
dike reclaimed wastewater infiltration pond; electrical and communications conduit; service water
line relocation and water main installation; access road construction; site grading and leveling for
the future wastewater treatment plant; mitigation planting and maintenance; and other work
for the total sum of One million one hundred and thirty-nine thousand five hundred and forty-seven
dollars($ 1,139,547 ) 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 of July 5,2023 and a completion date of 100 working days (with start and
stop dates indicated for each phase of work)(within a specified amount of time after the Notice to
Proceed).
--d
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort Le2
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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Pagc 1 of 10
1
4. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following
insurance from companies licensed in the State with a Best's rating of no less than A: VII. The
Contractor shall provide to the County Risk Manager certificates of insurance with original
endorsements affecting insurance required by this clause prior to the commencement of work to be
performed.
The insurance policies required shall provide that thirty(30)days prior to cancellation, suspension,
reduction or material change in the policy,notice of same shall be given to the County Risk Manager
by registered mail,return receipt requested, for all of the following stated insurance policies.
If any of the insurance requirements are not complied with at the renewal date of the insurance policy,
payments to the Contractor shall be withheld until all such requirements have been met,or at the
option of the County,the County may pay the renewal premium and withhold such payments from
the moneys due the Contractor.
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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 2 of 10
Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the
Contractor from any liability under the Agreement,nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County(including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance. It is further agreed by the parties
that insurance companies issuing the policy or policies shall have no recourse against the County
(including its employees and other agents and agencies) for payment of any premiums or for
assessments under any form of policy. It is further agreed by the parties that any and all
deductibles in the above described insurance policies shall be assumed by and be at the sole risk
of the Contractor.
It is agreed by the parties that judgments for which the County may be liable, in excess of insured
amounts provided herein, or any portion thereof,may be withheld from payment due, or to
become due,to the Contractor until such time as the Contractor shall furnish additional security
covering such judgment as may be determined by the County.
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 defend, indemnify and hold the County, its officers,officials, employees,agents
and volunteers(and their marital communities)harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of
the Contractor in performance of this Agreement,except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the County, its officers, officials, employees,agents and volunteers(and their marital
communities)the Contractor's liability, including the duty and cost to defend,hereunder shall be only
to the extent of the Contractor's negligence.
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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 3 of 10
The Contractor specifically assumes potential liability for actions brought against the County by the
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.
The provisions of this section shall survive the expiration or termination of this Agreement.
6. The Contractor's relation to the County shall be at all times as an independent Contractor, and
nothing herein contained shall be construed to create a relationship of employer-employee or master-
servant,and any and all employees of the Contractor or other persons engaged in the performance of
any work or service required of the Contractor under this Agreement shall be considered employees
of the Contractor only and any claims that may arise on behalf of or against said employees shall be
the sole obligation and responsibility of the Contractor.
7. The Contractor shall not sublet or assign any of the services covered by this contract without the
express written consent of the County or its authorized representative. Assignment does not include
printing or other customary reimbursable expenses that may be provided in an agreement.
8. Nothing in the foregoing clause shall prevent the County, at its option, from additionally requesting
that the Contractor deliver to the County an executed bond as security for the faithful performance of
this contract and for payment of all obligations of the Contractor.
For contracts of$150,000 or less,the Countyand the Contractor mayagree that in-lieuof the gr
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,
if applicable.
❑ Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
IIExhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
N 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
I I Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 4 of 10
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 MrP y /6'' , 20 13
Contractor:
Seton Construction, Inc.
(Please print)
By: /,Svcs 45- SETanl ,.7e.
(Please print)
(Signature)
6 caL Co sok
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
ate ean, District 1
sy\i �4
Hei i Eis hour, District 2
re Brotherton, District 3
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chief Civ" Prosecutor
Monte Rein ers, P.E. Date
Public Works Director/County Engineer
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 5 of 10
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.
Seton Construction, Inc.
Name of Contractor(Please print)
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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 6 of 10
EXHIBIT B
CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and
correct.
The undersigned bidder hereby certifies that,within the three-year period immediately preceding the bid
solicitation date 3/6/23 ,the bidder is not a"willful"violator, as defined in RCW 49.48.082,
or any of the provisions of chapters 49.46,49.48,or 49.52 RCW 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.
Seton Construction, Inc.
Bidder's Business Name
�. /` .).
Signature of Authorized Official*
4RvGF AO-5 v cTi2
Printed Name
si.fiENr
Title
//My/6. 2023 Aitr/eigmesemo A4
Date City State
Check One:
Sole Proprietorship Partnership I 1 Joint Venture❑ CorporationD
State of Incorporation,or if not a corporation, State where business entity was formed:
Ivactf.,v�n�J
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.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 7 of 10
•
EXHIBIT C r
CONTRACT BOND
JEFFERSON COUNTY,WASHINGTON
Bond No. 2341529
KNOW ALL MEN BY THESE PRESENTS:
That Seton Construction. inc. .of Port MIA WA ,as
Principal,and Swiss Re Corporate Solutions America Insurance Corporation as Surety.are jointly and severally held and bound unto
the COUNTY OF JEFFERSON.the penal sum of
Dollars (S1,139,547.00 ), 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 16th day of May ,A.D..2023 .the said
Seton Construction. Inc. . Principal herein.executed a certain contract with the County of
Jefferson. by the terms,conditions and provisions of which contract the said Seton Construction,Inc.
. Principal herewith,agrees to furnish all materials and do certain work.to-wit: That the said Principal herein
will undertake and complete the following described work:
Phase 1 -Site Preparation,Earthwork,and Service l tilities Contract for the Port Hadlock Wastewater Project.
Work includes clearing and grubbing; installation of approximately 3.300 LF of 6-inch influent and 900 LF of
I0-inch effluent HDPE pipelines:structural earth wall:earthen dike reclaimed wastewater infiltration pond:
electrical and enmmunirationirOPdUit.Sendre water line rdaeatt<)n and water main inctallatiprt arrecc mad
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 material men.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 16th day of May .10 23 .
Seton Construction. Inc. Swiss Re Corporate Solutions America Insurance Corporation
PRINCIPAL SURETY COMPANY
By: Joanne Reinkensmeyer
Attorney-in-fact
Address of local office and agent of surety company:
Hentschell &Associates, Inc.
1436 S. Union Ave.
Tacoma, WA 98405
253-272-1151
Construction Contract Contract( Version 1 Ritilc Legal Rev ie,.i Date tI' 17 2020 Page 8 of II)
s W
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC")
WESTPORT INSURANCE CORPORATION("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and
having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its
principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint:
THOMAS P.HENTSCHELL,BRADLEY A.ROBERTS,JULIE A.CRAKER,AND JOANNE REINKENSMEYER
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18,2011.
"RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant
Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Corporation when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
^rMr rnrurhp grrr.Irtl.Irlr yqr
, Pt' ,,, a,.
e ti ~•4 at••. Y
a _ SEAL S E A L ig_ Erik Janssens,Senior Vice President of SRCSAIC&Senior Vice President
�m t of SRCSPIC&Senior Vice President of WIC
. M1973 is s 'bg� o�: :pba��
y ••. ••;ry,.p. �� d ,•'�Ii.gsoV).�•��� By
' ur*nw' ~, "''a SNr*�ww.°'s Gerald Jagrowski,Vice President of SRCSAIC&Vice President of SRCSPIC
&Vice President of WIC
IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their
authorized officers
this IO day of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook SS Westport Insurance Corporation
On this 1° day of NOVEMBER 20 22,before me,a Notary Public personally appeared Erik Janssens,Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski,Vice President of SRCSAIC and Vice President of •
SPCSPIC and Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
t CF.FlOIAL SEl1L.
Gllx""lr0
I,Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC,do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC,which is still force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 16th day of May ,20 3i .
Jeffrey Goldberg,Senior Vice President&
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
EXHIBIT D
CONTRACTOR'S DECLARATION OF OPTION FOR
CONTRACTS FOR LESS THAN$150,000
A. A Contract Bond will be provided as required.
Date Signed
B. In lieu of providing a Contract Bond,the County will withhold 10%of the Contract amount.
Date Signed
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 9 of 10
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/4,y/L,, Zo 2.3 Signed ---z �.
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 10 of 10
0
Swiss Re Swiss Re Corporate Solutions America Insurance Corporation
Swiss Re Corporate Solutions Premier Insurance Corporation
Corporate Solutions 1450 American Lane, Suite 1100
Schaumburg, IL 60173
RELEASE OF RETAINAGE BOND
Bond No. 2341530
KNOW ALL MEN BY THESE PRESENTS:
That we, Seton Construction, Inc. , as Principal, and
Swiss Re Corporate Solutions America Insurance Corporation , as Surety, are held and firmly
bound unto Jefferson County , as Obligee, in the penal sum of.
Fifty Six Thousand Nine Hundred Seventy Seven& 35/100 ($56,977.35 )for the
payment of which sum well and truly to be made, we, the Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the said Principal has entered into an agreement with the said Obligee for
Phase 1 Site Preparation, Earthwork and Service Utilities Contract for the Port Hadlock Wastewater Project
WHEREAS, the Obligee has elected to withhold from funds due or about to become due the
Principal such sum (retainage) as is necessary to protect itself from claim or claims on lien
unless the Principal furnishes, as surety, a bond guaranteeing to hold the Obligee harmless
from loss it may suffer by reason of its releasing final retainage to the Principal.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
Principal shall indemnify and hold harmless the Obligee for loss that the Obligee may sustain
by reason of release of said retainage to the Principal, then this obligation to be null and void;
otherwise to remain in full force and effect.
PROVIDED, that in no event shall the aggregate liability of the Surety exceed the penal sum of
the bond.
Signed and sealed this 16th day of May , 2023 .
Seton Construction, Inc. Swiss Re Corporate Solutions America Insurance Corporation
By: By: �"e c,1
Principal Jo nne Reinkensmeyer Attorney-in-Fact
,
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC")
WESTPORT INSURANCE CORPORATION("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and
having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its
principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint:
THOMAS P.HENTSCHELL,BRADLEY A.ROBERTS,JULIE A.CRAKER,AND JOANNE REINKENSMEYER
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18,2011.
"RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant
Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
bindine upon the Corporation when so affixed and in the future with reeard to any bond,undertaking or contract of surety to which it is attached."
a",pil5AME'^ ," p .
igiac/.4c ,0/0414,
ORP R'4r�1('�: a ...p�Q Q R/9,.!dG�' By j�
_ '~: SEAL i a Erik Janssens,Senior Vice President of SRCSAIC&Senior Vice President F
SEAL _ � •7 m= of SRCSPIC&Senior Vice President of WIC R
z sb issou ''y'd••••.Misso�F` � �•t¢ ,..
Na.t.,,0's ''y,�t�*�.L :�'s Gerald Jagrowski,Vice President of SRCSAIC&Vice President of SRCSPIC
&Vice President or WIC
' /41IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their
authorized officers
this 10 day of NOVEMBER 20 22
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook El Westport Insurance Corporation
On this 10 day of NOVEMBER 20 22,before me,a Notary Public personally appeared Erik Janssens ,Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski,Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
CFROMOKAL ——
OfRi6i1M41 MANI000
I,Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC,do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 16th day of May ,20 23
`� . r _
Jeffrey Goldberg,Senior Vice President&
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Enginee,,
Agenda Date: June 5, 2023
Subject: Contract Execution—Port Hadlock Wastewater Facility- Phase I, Site
Preparation, Earthwork, and Service Utilities
Statement of Issue: Execute the construction contract with Seton Construction of Port
Townsend, Washington for their bid of$1,139,547.00 plus WSST for the above referenced
project.
Analysis/Strategic Goals/Pro's&Con's: The Board awarded this construction contract to Seton
Construction on April 24, 2023. The contractor has provided the required Performance Bond
and Insurance and the Contract is ready for final signature. This work will be performed over
the course of 100 working days and is expected to be completed in November of this year.
Fiscal Impact/Cost Benefit Analysis: The Bid amount is$1,139,547.00 plus WSST. This project
is fully funded with an appropriation from the State of Washington received in the 2021 Capital
Budget utilizing Coronavirus State and Local Fiscal Recovery Funds (SLFRF)from the federal
American Rescue Plan Act(ARPA).
Recommendation: Public Works recommends that the Board execute the construction
contract with Seton Construction by signing the Port Hadlock Wastewater Facility-Phase I,Site
Preparation, Earthwork, and Service Utilities construction contract,where indicated, and
returning it to Public Works for further processing.
Department Contact: Samantha Harper, P.E.,Wastewater Project Manager, Ext. 175
Reviewed By:
s 3j1/43
Mark McCaule unty Administrator Date
e rL
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE) Pt e ae'A3 _
CONTRACT WITH: Seton Construction Contract No: N/A 0SA
Contract For: Port Hadlock Sewer-Phase I Site Work Term: 12/31/2023
COUNTY DEPARTMENT: Public Works
Contact Person: Mate Reinders
Contact Phone: 380.385.9242
Contact email: mrekiderseoo.Jenerson.waua
AMOUNT: $1,139,547+WSsT PROCESS: Exempt from Bid Process
Revenue: $1,139,547 Cooperative Purchase
Expenditure: $1,139,547 x Competitive Sealed Bid
Matching Funds Required: so ^ Small Works Roster
Sources(s)of Matching Funds Commerce Grant 22-96515-026 ` Vendor List Bid
RFP or RFQ
_ Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH ITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
O�
CERTIFIED: E✓ N/A: Monte Reinders- ,r;^L"^—
ea.%MOM0.0Crt4
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. NW/Ma.d i.w..urw mien
Monte Reinders T"
KUM DY.tla,D61biY NiE-.
CERTIFIED• 'J N/A: ws iseaaxc,i:ianoic
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 4/28/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
\_/
Electronically approved as to form by PAO on 4/28/2023.
Pre-approved construction contract form.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1