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HomeMy WebLinkAboutCenter Road Lakeside Industries Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator i From: Monte Reinders, Public Works Director/County Engineer- Agenda Date: March 4, 2024 Subject: Execution of Construction Contract with Lakeside Industries, Inc. Center Road 211 Overlay MP 10.34 to MP 14.58 Project, County Project No. 1802096, Co. Rd. No. 931507 CRAB RAP Project No. 1622-01 Statement of Issue: The issue is requesting execution of the Construction Contract document for the Center Road 211 Overlay MP 10.34 to MP 14.58 project, Project Number 1802096 with Lakeside Industries, Inc. for the bid amount of $1,112,583.65. Analysis/Statestic Goals/Pros Et Cons: This project is included in the 2024-2029 Six Year Transportation Improvement Program and the Annual Construction Program, as item number 4. The goal of this project is to preserve the road surface, improve vehicle safety, and provide minor drainage improvements, along Center Road between MP 10.34 and MP 14.58. Bids for this project were obtained using the standard bidding process. The lowest responsive bidder was Lakeside Industries, Inc. of Issaquah, WA. The Construction Contract now needs to be executed for this project to proceed. Fiscal Impact/Cost Benefit Analysis: This project is funded by a Washington State CRAB Rural Arterial Program grant with no match requirement. Recommendation: Public Works requests that the Board execute two (2) originals of the contract with Lakeside Industries, Inc. and return one (1) original to Public Works for further processing. Department Contact: John Wayand, Project Manager, 385-9377 Reviewe y: Mark McCauley ounty Administrator CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: To Be Determined Contract No: W 4`�/ 'J/Q Contract For: Center Road 2R Overlay M.P. 10.34 to M.P. 14.58 Tenn: COUNTY DEPARTMENT: f 118 Lie- w o KK S Contact Person: Ja t�N W1 YbA P Contact Phone: 3 AS—q 377 Contact email: g. , W 93,415 AMOUNT: j�2 �er PROCESS: Exempt from Bid Process Revenue: 180000010.333.20.22 Cooperative Purchase Expenditure: 180000010.595.00.65 �/ Competitive Sealed Bid Matching Funds Required: yes Small Works Roster Sources(s) of Matching Funds RAP 100% Vendor List Bid Fund# 180 RFP or RFQ Munis Org/Obj 18059500 650000 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: a■ N/A: /W 12¢ Si ature 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. CERTIFIED: a N/A: Si nature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): ./ Electronically approved by Risk Management on 1/12/2024. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 1/12/2024. 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 CONTRACT JEFFERSON COUNTY,WASHINGTON THIS AGREEMENT, made and entered into this day of ,20 24 ,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 Lakeside Industries,Inc. of Port Ludlow, Washington 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: Improvement of Center Road,M.P. 10.34 to M.P. 14.58 in Jefferson County near Quilcene, Washington, by asphalt planing, asphalt paving, drainage facilities, striping, and other work, all in accordance with the attached Contract Plans, Contract Provisions, and the Standard Specifications. for the total sum of One Million One Hundred Twelve Thousand Five Hundred Eighty Three Dollars and Sixty Five Cents dollars($ 1,112,583.65 )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: Contract time shall begin on the first working day following the Notice to Proceed Date. Beginning with the first working day,the project shall be physically complete within 25 working days. 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 1 Risk Legal Review Date 06/17/2020 Page 1 of 10 r 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 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. 0 Limited Small Works Project per RCW 39.04.155(3): Performance Bond and Retainage Waived INDEX OF EXHIBITS FX 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 Jefferson the day and year first above written. Executed by the Contractor Fe`1S �/�M1y l�7 ,20 24 Contractor: Lakeside Industries,Inc. (Please print) By: /" I 1 G M AC 1— LC� (Please print) (Signature) LA KEsL-W 2-7 H s-p State of Washington,Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3 Approved as to form only: PRE-APPRJOVED CONTRACT FORM Philip . nsucker Date Chief iv' Deputy Prosecutor th0 6f, Morlik R inders,P.E. Date Public Works Director/County Engineer Construction Contract Contract G Version I 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. Lakeside Industries,Inc. Name of Contractor(Please print) A �1 C I-JAL V Lx-G Name and Title of Authorized Representative(Please print) Signature of A orize epresen 1 ❑ 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 February 1,2024 ,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. Lakeside Industries,Inc. Bidder's Business Name Signature of Au orized Officia Printed Name Title 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: Washington 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 Bond No. 107954539 JEFFERSON COUNTY,WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That Lakeside Industries, Inc. ,of Port Ludlow,Washington ,as Principal,and Travelers Casualty and Surety* ,as Surety,are jointly and severally held and bound unto the COUNTY OF JEFFERSON,the penal sum of One Million One Hundred Twelve Thousand Five Hundred Eighty Three&65/100 Dollars ($ 1,112,583.65 ),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. *Company of America The condition of this bond is such that WHEREAS,on the day of ,A.D.,20 24 ,the said Lakeside Industries, Inc. ,Principal herein,executed a certain contract with the County of Jefferson,by the terms,conditions and provisions of which contract the said Lakeside Industries,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: Improvement of Center Road,M.P. 10.34 to M.P. 14.58 in Jefferson County near Quilcene,Washington,by asphalt planing,asphalt paving,drainage facilities,striping,and other work,all in accordance with the attached Contract Plans,Contract Provisions,and the Standard Specifications. 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 day of ,20 Lakeside Industries, Inc. Travelers Casualty and Surety Company of America PRINCIPAL SURETY COMPANY ..,�����,u„*, av°Np SURETY By: By' ?KH�AFA1FC6_R_D,`*:'< AAh4�� % '!� B Susan B. Larson C--NN- O f 6•.. Attorney-in-fact '"'-.�?ry'•• •••VVff'��e�� Address of local office and agent of surety company: Parker,Smith&Feek 2233 112th Ave NE Bellevue,WA 98004 Construction Contract Contract G Version I Risk Legal Review Date 06/17/2020 Page 8 of 10 Travelers Casualty and Surety Company of America ��► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Susan B.Larson of BELLEVUE , Washington , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed, this 21st day of April, 2021. G ,cr AM,HARTFOM HARWO COXM,°`' sm if State of Connecticut By: City of Hartford ss. Robert L.Raneycloenior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June,2026 Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of ���r�No °° H n CIOMII �,J/ J/ '`yi '��°°4 4 sm K Gam' `g Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power ofAttorney is attached. 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 Of hereby elect to provide a Retainage Bond in accordance with R.C.W 60.28.011. Date 02.15.2024 Signed Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 10 of 10 RETAINAGE BOND Bond No. 107954540 KNOW ALL MEN BY THESE PRESENTS, that Lakeside Industries, Inc. as Principal authorized to do business in the State of Washington and Travelers Casualty and Surety Company of America as Surety, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto County of Jefferson as Obligee in the penal sum of Fifty-five Thousand Six Hundred Twenty-nine& 18/100 Dollars($ 55,629.18 ), which is 5%of the Principal's bid. WHEREAS, on the day of 2024 the said Principal, herein, executed a contract with the Obligee, for Center Road 2R Overlay M.P. 10.34 TO M.P. 14.58. County Project No. 1802096, Co. Rd. No. 931507 WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5%from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained funds. AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28. NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5% of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this day of 20 24 ti,PAC..UR......... . y: •9 L 6 CONN. o Travelers Casualty and Surety Company of America Lakeside Industries, Inc. Surety Principal _ ` By: Attorney-in-Fact Susan B. Larson , AC't- Parker, Smith & Feek cCU 2233 112`'Ave NE, Bellevue, WA 98004 Name and Address of Local Agent Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Susan B.Larson of BELLEVUE , Washington , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 4lY��f7J.� ►`IY A**s 4 i � o �,�,.�, �,.CONK Q7. -..4 State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. NOTARY+ P N N IN WITNESS WHEREOF, I hereunto set my hand and official seal. �� My Commission expires the 30th day of June,2026 * + *i Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority,and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of i1 P `7 CWWAR sm YS • P iW • C�K A �r ate 4 • �i./ (� Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please calf us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached.