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HomeMy WebLinkAboutSeton Construction, Change Order No. 1 re PH Sewer Project - 091123 1'01 :Tv4 1', 11 - --tiit. -0,,,,, aci JEFFERSON COUNTY Sheet 1 of 2 DEPARTMENT OF PUBLIC WORKS Change 1 Date: 8/25/2023 CHANGE ORDER Order No. Ordered by County Engineer under terms of ❑X Section 1-04.4 of the Standard Specifications Contract No. Change proposed by Contractor To: Seton Construction 4640 S. Discovery Rd. Endorsed by: Seton Construction,Inc. Port Townsend,WA 98368 Cont actor Firm Name ,S... , ,‘ �.�/� 8/29/23 Signature Date President Title Consent given by Surety:(when required) Project Title Phase 1-Site Prep., Earthwork,and Service By: Utilities for the PH Sewer Attorney-in-fact Date You are ordered to perform the following described work upon receipt of an approved copy of this change order: \� Provide conduit and vaults per Seton's negotiated proposal to Owner Change Request(OCR) No. 2(attached). Unit ' prices arefor materials only as the installation is within the original price. V) "1 0 All work materials and measurement to be in accordance with the provisions of the standard specifications and special provisions for the type of construction involved. s jf ORIGINAL CURRENT ESTIMATED ESTIMATED p a CONTRACT CONTRACT NET CHANGE CONTRACT TOTAL r f rAMOUNT(incl.9.1%sales tax) AMOUNT(incl.9.1%sales tax) THIS ORDER(incl.9.1%sales tax) AFTER CHANGE(incl.9.1%sales tax) a } ,s�, ; o ,m $ 1,243,245.78 $ 1,243,245.78 $73,272.57 $ 1,316,518.35 }" ' x' F. it ORIGINAL CURRENT CONTRACT TIME NEW CONTRACT x, < F ` CONTRACT TIME CONTRACT TIME CHANGE(Add/Del) TIME 100 100 N/A N/Ay APL-1 : ECOMMENDED ( APPROV REC MENDED _ ) Projec onager it1144 Date County Engineer Date HZt.r�C7 ty g APPROVALRECOM NDED` APPR ED❑ w /L�14 . 6 Warn 9 t 3 Engineering Se ces Manager Date Chair,Jefferson County ommissioners Date OWNER CHANGE REQUEST NO. 2 Owner Change Request Project:Phase 1 Site Preparation,Earthwork and Service Utilities Date: July 14, 2023 Commerce Grant No.: 22-96515-026 Jefferson County PW Project No.:405-2114-0 TO: Chad Smith,Seton Construction General Manager In connection with your Contract with Jefferson County please furnish your proposal for performing the changes outlined below and/or detailed on the attachments referred to: Description of Changes: Owner Change Request No. 2 request a unit price for supplying electric(4-inch) Schedule 40 conduit, fiber(2-inch) Schedule 40 conduit and fiber vaults materials. The labor was included under Bid Item 59,Joint Utility Trench(Power and Communication) for the conduit installation and Bid Item 60,Utility Vault for the utility vaults. NOTE: The power vaults(PM-1 and V2)will still be supplied by the PUD, as stated in the Bid Documents,has they have been paid through the County's WWTP electrical quote for service. New Bid Planned Unit Item Description Item No. Quantity 64 6,490 LF 4-inch PVC Schedule 40 Conduit(material only) 65 2,233 LF 2-inch PVC Schedule 40 Conduit(material only) 66 2 EA Fiber Vault(material only) The linear footage for the conduits will include the material cost of the sweeps,pipe glue, locate tape, tracer wire and pull string. The amount of conduit sweeps required for each conduit size will be calculated by the contractor. The fiber vault will be a Pencell, part#PM243636PCH00021 or approved equal,attached is a Pencell cut sheet. Reference Plan Sheets: E-100 and E-101 Digitally signed by Samantha Harper,P.E. Samantha Harper, P.E. 2 t ;05�6-p D pEO,legerson County BY: DATE: 7/14/2023 (Project Manager for Jefferson County) Dgedy owed by Mona Ponder. ON:G.US E= nder.@ca.pMerson.wa.us. Monte Reinder. _ : ° ---- 7/14/2023 REVIEWED BY: .202 07111ra2 0T00 DATE: (<2.5k, Eng. Services Mgr.,>2.5k County Engineer) PROPOSAL a V (1 6 TO: Jefferson County We propose to perform all changes described in the above request based upon the following unit costs(may attach sheet): See attached OCR No . 2 Cost Proposal The foregoing amount covers all direct and indirect costs related to these changes and to the effect of the changes on the remainder of the project. All other provisions remain in full force and effect. We request the completion date be extended 0* working days because of this work. *Supplier quoting 14-16 week lead time for Pencell fiber vault delivery from date of order. No Liquidated Damages shall be associated with delivery and installation of fiber vaults BY: eluidS""te DATE: 8/14/2023 (for (Contractor)) Seton Construction, Inc . Owner Change Request Page 2 ACCEPTANCE OF PROPOSAL AND APPROVAL TO PROCEED WITH CHANGES A future CHANGE ORDER TO THE CONTRACT will be prepared for execution by the Contractor and Jefferson County. TO: (Contractor) You are hereby directed to proce•with the changes described above. BY: / r:I'i� �A��� ��' DATE: 81 f�`�� � roject Manager or effersIn County) REVIEWED BY: '4111. 21�. DATE: (< 2.5k, Eng. Se ices Mgr.,>2.5k County Engineer) 1 d MI Z C) 0 > O 0 ■am C) 0 a) Tr CC \ $ \ I . ! §:2 k 1.�4.4* . .' - ., M _ 2 ��< Jofa ¥ ;— 1w/ \ k0 § 000 z � E § §� 22; o2 §� ��0 oU coo, §§ lo)§ B§ jjj� � ei E p- mm> ]§ kk2 _Z S§■ §§ e ■E ®o ;;; * „ ■ ZZz : .-0,. ( 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 Engineer Agenda Date: September)!, 2023 Subject: Change Order No. 1, Phase 1 - Site Prep., Earthwork and Service Utilities for the Port Hadlock Sewer, Project No. 405-2114-0, Commerce Project No. 22-96515-026 Statement of Issue: Change Order No. 1 with Seton Construction of Port Townsend, Washington. Analysis/Strategic Goals/Pro's Et Con's: This change order includes the material only cost for 4-inch and 2-inch conduit and fiber vaults. These were originally to be supplied by the P.U.D. #1 at County cost; however, it is now required that the customer supply these materials which Seton Construction can do. Fiscal Impact/Cost Benefit Analysis: The amount for Change Order No. 1 is $73,272.57. The contract amount will increase from $1,243,245.78 to $1,316,518.35. The project is funded at 100% by the Department of Commerce. Recommendation: Public Works recommends that the Board authorize Change Order No. 1 with Seton Construction, and return two originals to Public Works for further processing. Department Contact: Samantha Harper, P.E., Project Manager, 385-9175. Reviewed ` Jl 9- 7� L� Mark Mc(. , unty Admi rator Date "15 6-4\5 : 111\1 b •6 • CONTRACT JEFFERSON COUNTY,WASHINGTON THIS AGREEMENT, made and entered into this 7 — day of 3 A 1"12 ,20 23 ,between the COUNTY OF JEFFERSON,acting through the Jefferson County Commissioners and the Director of Public Works under and by virtue of Title 36,R.C.W,as amended and Seton Construction, Inc. of Port Townsend,WA hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1. The Contractor agrees to furnish all labor and equipment and do certain work, to-wit: That the Contractor herein will undertake and complete the following described work: Phase 1 - Site Preparation, Earthwork,and Service Utilities Contract for the Port Hadlock Wastewater Project. Work includes clearing and grubbing; installation of approximately 3,300 LF of 6-inch influent and 900 LF of 10-inch effluent HDPE pipelines; structural earth wall; earthen dike reclaimed wastewater infiltration pond; electrical and communications conduit; service water line relocation and water main installation; access road construction; site grading and leveling for the future wastewater treatment plant; mitigation planting and maintenance; and other work for the total sum of One million one hundred and thirty-nine thousand five hundred and forty-seven dollars($ 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). 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 p romises 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 Page 1 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 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, if applicable. ULimited 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 Exhibit B: Certification of Compliance with Wage Payment Statues l 1 Exhibit C: Contract Bond,Jefferson County,Washington ❑ Exhibit D: Contractor's Declaration of Option for Contracts for Less Than$150,000 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 Amy /6'44' ,20 1.3 Contractor: Seton Construction, Inc. (Please print) By: 154vc • i3_ $& JR- (Please print) (Signature) • -anN G1I co50A State of Washington,Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS ate ean, District 1 VANt 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 06/172020 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) e4vice ,Q. SZ j tom- Name and Title of Authorized Representative(Please print) - - Signature of Authorize Representative Lr 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 --� /t4")= Signature of Authorized Official* 4cp'e D•57avcr/1_ Printed Name %ZF_S/DEI✓T Title Atip/6. 2o23 i r/o sZvD 1/4 Date City State Check One: Sole Proprietorship Partnership❑ Joint Venture Corporation© State of Incorporation,or if not a corporation, State where business entity was formed: �l.Qtlfid�i ) 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 _ =, CONTRACT BOND JEFFERSON COUNTY.WASHINGTON Bond No. 2341529 KNOW ALL MEN BY THESE PRESENTS: That Seton Construction. Inc. ,of Port Townsend. WA .as Principal,and&assRe Corporate Solutions Am°°"Insurance Corporation .as Surety.are jointly and severally held and bound unto the COUNTY OF JEFFERSON.the penal sum of Dollars ($1,139,547.00 ►, 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 I -Site Preparation.Earthwork,and Service l tilities Contract for the Port Hadlock Wastewater Project. Work includes clearing and grubbing: installation of approximately 3.300 t.F of 6-inch influent and 900 LF of 10-inch effluent HDPE pipelines;structural earth wall:earthen dike reclaimed wastewater infiltration pond: electrical and enmmunicationc conduit.service water line relocation and water main inctallatinn•areecc 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 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 16th day of May _.20 23 . Sewn Construction. Inc. Swiss Re Corporate Solutions America Insurance Corporation PRINCIPAL SURETY COMPANY By: 4,,6414L. By<`/��`u 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 G Version 1 !rid:t.cgai RevIC`..Urt.06 172u20 Page 8 of 10 • 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(S50,000,000.00)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." ilsc swru,pprp,,4. 4p�wrMnrurnrp,� +r,tit•pwP07/2% s4 a.•1,POR,f s's � ''E. 4,.4 f $ a? .'00 !d: s BY SEAL ') _f S E A L Erik Janssens,Semler Via President of SRCSAIC&Semler Via President qg� of SRCSPIC&Senior Vice President of WIC s cam'• oz s rse i 1973 = � '` b$g "ii4.141h'4-j" t sV2.9sy '•:lrisso09-"Az,} By r%ohmsw 4.p,rW*NMsy" Gerald JaQrowsW,Vice President of SRCSAIC&Vke President of SRCSPIC &Viet 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 I 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 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. CIIRMINKMANISCO _ �aY1L ifI1L _ 4Ma:4 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 irLflill force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 16th day of May ,20 La 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 Air/<, Zo 23 Signed A2---n-- ,Jr. /„dt j-. Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 10 of 10 • O 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: 4._._.a5e__„12q__ By: fruL Principal Jo ne 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($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President,any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." armed OR,.l.P•$ ••NPOR P�4 By _ SEAL s SEAL • it 1-1 Erik Janssens,Scalar Vice President of SRCSAIC&Scalar Via Preeideot -S�;- of SRCSPIC&Se.br Vitt Prc .t atde of WIC '•./i.. ... 'o•: 'wa'..'4'Bgp„Q``,;A it .LFe.+F By Gerald Jadrawski,Vice Presides of SRCSAIC&Vice President of SRCSPIC &Vitt Presides 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 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 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. �L►aiN 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 irLftlll force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 161h day of May ,2013 - . - Jeffrey Goldberg,Senior Vice President& Assistant Secretary of SRCSAIC and SRCSPIC and WIC