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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director IAI
Agenda Date: February 12, 2024
Subject: Change Order No. 1, Road Departure Reduction Project,
Federal Aid Project No. HSIP-OOOS(627),
County Project No. 18020980
Statement of Issue: Change Order No. 1 with KT Contracting Company, Inc. for the
Road Departure Reduction Project, County Project No. 18020980.
Analysis/Strategic Goals/Pro's Et Con's: WSDOT requires the new Build America/Buy
America special provision be change ordered into contracts awarded after August 16,
2023. The revised Build America/Buy America special provision allows minor amounts
(5% of the material cost) of foreign materials to be incorporated into projects. This
modification to the Build America/Buy America requirement adds flexibility in
materials supplied for projects as not all materials are manufactured domestically.
Fiscal Impact/Cost Benefit Analysis: This change order will not change the cost of
this project.
Recommendation: Public Works recommends that the Board execute all three
originals of Change Order No. 1 with KT Contracting Company, Inc and return two (2)
originals to Public Works for further processing.
Department Contact: Bruce Patterson, P.E., Project Manager, 385-9160.
Reviewed By:
Mark McCauleyLgounty Administrator 0Date
JEFFERSON COUNTY
Sheet 1 of 1 DEPARTMENT OF PUBLIC WORKS Charge
1
Date 413012 0 1 3 CHANGE ORDER Order No
Ordered by County Engineer under terms of
X Section 1 04 4 of the Standard Soecifications 18020980
Contract No
Change proposec by Contractor To
KT Contracting Compary, Inc
Endorsed b KT Contracing Company, Inc 3637 Cnemawa Rd NE
Contractor Firm Name/ / Salem, OR 97305
i � - Oa
Si rem Date
Tdle
Consent given by Surety (when required) Protect Title
Road Departure Reduction Protect
By
Attomey-in-fact Date
You are ordered to perform the following described work upon receipt of an approves copy of this change order
The Contract specifications are hereby modified as follows
The Bu Id America/Buy America special provision dated June 6, 2023 is deleted and replaced with the attached Build
America/Buy America special provision dated December 20, 2023
I
i
Aft work materials and measurement to be n accordance with the provisions of the standard specifications and
special provisions fcr the type of construction nvolved
ORIGINAL CURRENT ESTIMATED ESTIMATED
CONTRACT CONTRACT NET CHANGE CONTRACT TOTAL
AMOUNT AMOUNT THIS ORDER AFTER CHANGE
$702,965 00 $702.965 00 $0 00 $702 965 00
ORIGINAL CONTRACT CURRENT CONTRACT CONTRACT TIME NEW CONTRACT
TIME(days) TIME (days) CHANGE(Add/Del) TIME (days)
60 60 0 60
APPROVAL RECO ENDED /CPPROVAL RECOMMENDED
rl�5 1 r
/25/2024 /�---�
Project M na er Date County Engineer Date
APPDOI/All RECOMMENDED AaPROVED
Engrnee,ng Services Manager Date Chair, Jefferson County Commissioners Date
1 (December 20, 2023)
2 General Requirements
3 In accordance with Buy America Preferences for Infrastructure Projects requirements
4 contained in 2 CFR 184 and Division G, Title IX- Build America, Buy America Act(BABA),
5 of Public Law 117-58 (Infrastructure Investment and Jobs Act), the following materials
6 must be American-made:
7
8 1. All steel and iron used in the project are produced in the United States. This
9 means all manufacturing processes, from the initial melting stage through the
10 application of coatings, occurred in the United States.
11
12 2. All manufactured products used in the project are produced in the United States.
13 This means the manufactured product was manufactured in the United States,
14 and the cost of the components of the manufactured product that are mined,
15 produced, or manufactured in the United States is greater than 55 percent of the
16 total cost of all components of the manufactured product, unless another
17 standard for determining the minimum amount of domestic content of the
18 manufactured product has been established under applicable law or regulation.
19
20 3. All construction materials are manufactured in the United States. This means
21 that all manufacturing processes for the construction material occurred in the
22 United States.
23
24 An article, material, or supply will be classified in one of three categories: 1) Steel and
25 Iron, 2) Manufactured Product or 3) Construction Material. Only a single category will
26 apply to an item and be subject to the requirements of the BABA requirements of that
27 category. Some contract items are composed of multiple parts that may fall into different
28 categories. Individual components will be categorized as a construction material,
29 manufactured product, or steel and iron based on their composition when they arrive at
30 the staging area or work site. When steel or iron are a component of a manufactured
31 product or construction material, the steel and iron components will be subject to "Steel
32 and Iron Requirements" of this Specification.
33
34 Definitions
35 1. Construction Material: Defined as any article, material, or supply brought to the
36 construction site for incorporation into the final product. Construction materials
37 include an article, material, or supply that is or consists primarily of:
38
39 a. Non-ferrous metals including all manufacturing processes, from initial smelting
40 or melting through final shaping, coating, and assembly;
41
42 b. Plastic and polymer-based products including all manufacturing processes, from
43 initial combination of constituent plastic or polymer-based inputs, or, where
44 applicable, constituent composite materials, until the item is in its final form);
45
46 c. Glass including all manufacturing processes, from initial batching and melting of
47 raw materials through annealing, cooling, and cutting);
48
49 d. Fiber optic cable (includes drop cable) including all manufacturing processes,
50 from initial ribboning (if applicable), through buffering, fiber stranding and
51 jacketing, (fiber optic cable also includes the standards for glass and optical
52 fiber);
1
2 e. Optical fiber including all manufacturing processes, from the initial preform
3 fabrication stage, though the completion of the draw;
4
5 f. Lumber including all manufacturing processes, from initial debarking through
6 treatment and planing;
7
8 g. Drywall including all manufacturing processes, from initial blending of mined or
9 synthetic gypsum plaster and additives through cutting and drying of
10 sandwiched panels; or
11
12 h. Engineered wood including all manufacturing processes from the initial
13 combination of constituent materials until the wood product is in its final form.
14
15 Construction Materials do not include items of primarily iron or steel; manufactured
16 products, cement and cementitious materials, aggregates such as stone, sand, or
17 gravel; or aggregate binding agents or additives.
18
19 If a Construction Material is not manufactured in the United States it shall be
20 considered a Foreign Construction Material.
21
22 2. Manufactured Product: A Manufactured product includes any item produced as a
23 result of the manufacturing process. Items that consist of two or more of the listed
24 construction materials that have been combined together through a manufacturing
25 process, and items that include at least one of the listed materials combined with a
26 material that is not listed through a manufacturing process, should be treated as
27 manufactured products, rather than as construction materials.
28
29 3. Manufactured in the United States: A construction material will be considered as
30 manufactured in the United States if all manufacturing processes have occurred in
31 the United States.
32
33 4. Structural Steel: Defined as all structural steel products included in the project.
34
35 5. United States: To further define the coverage, a domestic product is a manufactured
36 steel construction material that was produced in one of the 50 states, the District of
37 Columbia, Puerto Rico, or in the territories and possessions of the United States.
38
39 Steel and Iron Requirements
40 Major quantities of steel and iron construction materials that are permanently incorporated
41 into the project shall consist of American-made materials only. BABA requirements do not
42 apply to temporary steel or iron items, e.g., temporary sheet piling, temporary bridges,
43 steel scaffolding and falsework.
44
45 Minor amounts of foreign steel and iron may be utilized in this project provided the cost
46 of the foreign material used does not exceed one-tenth of one percent of the total contract
47 cost or $2,500.00, whichever is greater.
48
49 American-made material is defined as material having all manufacturing processes
50 occurring domestically.
51
1 If domestically produced steel billets or iron ingots are exported outside of the area of
2 coverage, as defined above, for any manufacturing process then the resulting product
3 does not conform to the BABA requirements. Additionally, products manufactured
4 domestically from foreign source steel billets or iron ingots do not conform to the BABA
5 requirements because the initial melting and mixing of alloys to create the material
6 occurred in a foreign country.
7
8 Manufacturing begins with the initial melting and mixing and continues through the coating
9 stage. Any process which modifies the chemical content, the physical size or shape, or
10 the final finish is considered a manufacturing process. The processes include rolling,
11 extruding, machining, bending, grinding, drilling, welding, and coating. The action of
12 applying a coating to steel or iron is deemed a manufacturing process. Coating includes
13 epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or
14 enhances the value of steel or iron. Any process from the original reduction from ore to
15 the finished product constitutes a manufacturing process for iron.
16
17 Due to a nationwide waiver, BABA requirements do not apply to raw materials (iron ore
18 and alloys), scrap (recycled steel or iron), and pig iron ore processed, pelletized, and
19 reduced iron ore.
20
21 The following are considered to be steel manufacturing processes:
22
23 1. Production of steel by any of the following processes:
24
25 a. Open hearth furnace.
26
27 b. Basic oxygen.
28
29 c. Electric furnace.
30
31 d. Direct reduction.
32
33 2. Rolling, heat treating, and any other similar processing.
34
35 3. Fabrication of the products:
36
37 a. Spinning wire into cable or strand.
38
39 b. Corrugating and rolling into culverts.
40
41 c. Shop fabrication.
42
43 A certification of materials origin will be required for all items comprised of, or containing,
44 steel or iron construction materials prior to such items being incorporated into the
45 permanent work. The Contractor will not receive payment until the certification is received
46 by the Engineer. The certification shall be on WSDOT Form 350-109 provided by the
47 Engineer, or such other form the Contractor chooses, provided it contains the same
48 information as WSDOT Form 350-109.
49
1 Manufactured Products
2 Due to a nationwide waiver, BABA requirements do not apply to manufactured products.
3 Manufactured products that contain steel and iron, regardless of a nationwide waiver, will
4 follow "Steel and Iron Requirements" of this Specification.
5
6 Construction Material Requirements
7 A Contractor provided certification of materials origin will be required before each
8 progress estimate or payment. The Contractor will not receive payment until the
9 certification is received by the Engineer. The Contractor shall certify that all construction
10 materials installed during the current progress estimate period meets the Build America,
11 Buy America Act. The certification shall be on WSDOT Form 350-111 provided by the
12 Engineer, or such other form the Contractor chooses, provided it contains the same
13 information as WSDOT Form 350-111.
14
15 Waiver for De Minimis Costs
16 Minor amounts of Foreign Construction Materials may be utilized in this project, provided
17 that the total cost of the Foreign Construction Materials does not exceed $1,000,000 and
18 does not exceed 5 percent of the total applicable material costs calculated as follows:
19
20 Total cost of Foreign Construction Materials < 0.05
Total applicable material costs
21
22 The total applicable material costs shall be the sum of the costs all Construction Materials,
23 all Steel and Iron, and all Manufactured Products. Total applicable material costs does
24 not include the cost of cement and cementitious materials; aggregates such as stone,
25 sand, or gravel; or aggregate binding agents or additives.
26
27 Steel and iron materials shall follow the "Steel and Iron Requirements" of this
28 Specification.
�,,�a� �'W to•�_�,3 I ��xn
CONTRACT
JEFFERSON COUNTY,WASHINGTON
THIS AGREEMENT,made and entered into this 23>�day of October ,20 23 ,between
the COUNTY OF JEFFERSON,acting through the Jefferson County Commissioners and the Director of
Public Works under and by virtue of Title 36, R.C.W,as amended and
KT Contracting Company, Inc. of Salem.Oregon
hereinafter called the Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement,the parties hereto covenant and agree as follows:
1. The Contractor agrees to furnish all labor and equipment and do certain work, to-wit: That the
Contractor herein will undertake and complete the following described work:
Construction of the Road Departure Reduction project,County Project No. 18020980,consisting of
replacing approximately 600 traffic signs,installing guardrail reflectors and flexible guidepost,traffic
control,and other work on selected roads all in accordance with the Contract Plans&Provisions,and
the Standard Specifications
for the total sum of Seven hundred two thousand,nine hundred sixty five
dollars($ 702.965.00 )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:
Field works shall start on or before April 15,2024. Physical Completion shall be sixty working days
after the start of field work.
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.
Construction Contract Contract G Version I Risk Legal Review Date 06/17/2020 Page 1 of 10
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 I 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 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.
nLimited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived
INDEX OF EXHIBITS
X 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
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 Jeffcrson the day and year first above written.
Executed by the Contractor 1.4�"' ��. ,20�3
Contractor:
KT Contracting Company, Inc.
(Please print)
By. Kim Thatcher
(Please print) -
�f�
(Signatu e)
KTCONC1000DP
State of Washington, Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kat ean,District 1
�,/ kj �7
Heidi Eis hour,D' ct 2
Greg rothe n, District 3
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chief Civil ty Prosecutor
Monte Reinders, P.E. Date
Public Works Director/County Engineer
Construction Contract Contract G Version 1 Risk Legat 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.
KT Contracting Company, Inc.
Name of Contractor(Please print)
Name and T1 a of4uthorizcd Representative(Please print)
i
Signatu a of orize epres tative
❑ 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 Z ,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.
KT Contracting Company, Inc.
Bidder's Business Name
r
Signatur of orized Official*
K On 7 InJA:�l 44r-
Printed Name
Title
0 12 ZG' 9aA uy-,
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:
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 I Risk Legal Review Date 06/17/2020 Page 7 of 10
Bond No. 100028079
EXHIBIT C
CONTRACT BOND
JEFFERSON COUNTY,WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That_ KT Contracting Company, Inc. ,of Salem,Oregon ,as
Principal,andMerchants Bonding Company(Mutual),as Surety,are jointly and severally held and bound unto
the COUNTY OF JEFFERSON,the penal sum of
Dollars (S 702,965.00 ), 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 'day of ,_,A.D.,20 23 ,the said
KT Contracting Company,Inc. ,Principal herein,executed a certain contract with the County of
Jefferson,by the terms,conditions and provisions of which contract the said KT Contracting Company.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:
Construction of the Road Departure Reduction project,County Project No. 18020980,consisting of replacing
approximately 600 traffic signs,installing guardrail reflectors and flexible guidepost,traffic control,and other
work on selected roads all in accordance with the Contract Plans&Provisions,and the Standard Specifications
in Jefferson County,Washington,as per maps,plans and specifications trade 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 6th day of October ,2023 .
_ KT Contracting Company, Inc. Merchants Bonding Company(Mutual)
PRINCIPAL SURETY COMPANY M--
Bye l By. LYE
By: Carly chneidenbach _
Attorney-in-fact
Address of local office and agent of surety company:
Marsh &McLennan Agency LLC
1105 East Main
Bozeman MT 59715
Construction Contract Contact G Version 1 Risk t.egal Review Date 06/17/2020 Page$of 10
MERCHANT'711�,
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC
both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the
"Companies")do hereby make constitute and appoint individually
Carly Schneidenbach
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings.
contracts and other written instruments 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
Surety Bond#' Bond 100028079
Principal:KT Contracting Company, Inc.
Obligee: Jefferson County
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of
Merchants National Bonding. Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof'
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction
contracts required by the Slate of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department
of Transportation making payment of the final estimate to the Contractor and/or its assignee shall not relieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only. it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of October 2023
P q� Q\NG ... • MERCHANTS BONDING COMPANY(MUTUAL)
?•�µPOgq.e�: @O?OPPOq' 'Oq'. MERCHANTS NATIONAL BONDING, INC.
•'�:V ��;.2�% ;ti-V '�.�yc: d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY
2003 1933 c;
g
STATE OF IOWA "� President
COUNTY OF DALLAS ss.
On this 6th day of October 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors,
�PRtA�m Kim Lee
Z e o e e AD Gommiss►;,n NtJmber 702737
Itty CommwiontYExpires
• /OWP Apnl 14, K24 Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I William Warner,Jr. Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC..do hereby
certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the ContNaniec an)(his 6th day of October 2023
••P�10Nq�e° ••*Q\NG C�M�%•.
v. 2003 . 1933 c; Secretary
0 r.
... .a .
Iry
POA 0018 (10/22)
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 LG C 4 Signed
B. I hereby elect to have the Owner deposit the retained percents 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 Signed
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 10 of 10
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 Engine7A_
Agenda Date: October 23, 2023
Subject: Execution of Contract with KT Contracting Company, Inc. for
Construction of Jefferson County Road Departure Reduction
Project
County Project No. 18020980, County-wide Roads
Statement of Issue: Execution of contract with KT Contracting Company, Inc. for
construction of the Jefferson County Road Departure Reduction Project.
Analysis/Strategic Goals/Pro's ft Con's: This project is for the replacing existing
traffic signs and installation of new traffic signs, reflective guidepost and guardrail
reflectors on several county roads. Four bids were received. The contract was
awarded to the lowest responsive contractor, KT Contracting Company, Inc. for their
bid amount of $702,965.00.
Fiscal Impact/Cost Benefit Analysis: The Road Departure Reduction Project is funded
at 100% by a FHWA HSIP (Highway Safety Improvement Program) Funds if the project
timelines are met.
Recommendation: Public Works recommends that the Board execute all three (3)
originals of the Contract with KT Contracting Company, Inc. and return two (2)
originals to Public Works for further processing.
Department Contact: Bruce D. Patterson, P.E., Project Manager, 385-9169.
Reviewed By:
�1,teD /
Mark McCaule , ounty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: To Be Determined Contract No:
Contract For: Road Departure Reduction Project Term: To Be Determined
COUNTY DEPARTMENT: Public Works
Contact Person: Chris spall Bruce Patterson
Contact Phone: 360-385-9160 360-385-9169
Contact email: cspall@co.jefferson.wa.us bpa"erson@co.jefferson.wa us
AMOUNT: To Be Determined PROCESS: Exempt from Bid Process
Revenue: 18033320-333131-20980 Cooperative Purchase
Expenditure: 180-Roads Competitive Sealed Bid
Matching Funds Required: None if deadlines are met Small Works Roster
Sources(s)of Matching Funds County Road(if required) Vendor List Bid
Fund # 180-Roads RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIA E WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: a N/A: 1 -A;__ t Z
Signature I Date
STEP 2: DEPARTMENT CERTIFIES THE. PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEES
AGENCY. �,,,\J DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
CERTIFIED: Fn� N/A: 5 Z�
Signature Date
STTE_P 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
✓ Electronically approved by Risk Management on 5/22/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/16/2023.
Pre-approved 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
I