HomeMy WebLinkAboutNordland Construction Department of Public Works
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, P.E., Public Works Director/County Engineer
Agenda Date: April 15, 2024
Subject: Execution of Contract with Nordland Construction NW, Inc. for
Naylors Creek at West Valley_Road and Gibbs Lake Road - Culvert
Replacements Project No. 18020592
County Roads No. 514109 and 517509
Statement of Issue: Execution of contract with Nordland Construction NW, Inc. for
the Naylors Creek at West Valley Road and Gibbs Lake Road - Culvert Replacements
project.
Analysis/Strategic Goals/Pro's Et Con's: The Naylors Creek at West Valley Road and
Gibbs Lake Road - Culvert Replacements project will replace two fish passage barrier
culverts on Naylors Creek with larger structures that are not a barrier to fish passage.
WSDOT has awarded Jefferson County $1,913,000 in Federal Promoting Resilient
Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT)
funds for this project.
Fiscal Impact/Cost Benefit Analysis: The bid amount is $1,696,325.00. The road
construction will be funded 100% by the PROTECT funding and WSDOT application of
toll credits. No County funds will be needed.
Recommendation: Public Works recommends that the Board execute all three (3)
originals of the Contract with Nordland Construction NW, Inc. and return two (2)
originals to Public Works for further processing.
Department Contact: Bruce Patterson, P.E., Project Manager, 385-9169.
Reviewed By:
1$P 02
Mark McCain County Administrat r Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS SIRE ON THE NEXT PAGE)
CONTRACT WITH: TBD(Construction Contract to lowest responsive bidder) Contract No:
Contract For. Nayiors Creek W Valley&Gibbs Lake Culverts 18020592 Term: 12/31/2024
COUNTY DEPARTMENT: Public Works
Contact Person: Chris Spall (PW Admin) Bruce Patterson(PW Engineering)
Contact Phone: 360-385-9160 360-385-9169
Contact email: cspall@co.jefferson.wa.us bpattersonQco.jefferson.wa.us
AMOUNT: TBD (Est.$1,670,000) PROCESS: Exempt from Bid Process
Revenue: 18033320-333131-20590 Cooperative Purchase
Expenditure: 180-Roads Competitive Sealed Bid
Matching Funds Required: None 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 CERTIFIE OMP WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: F N/A: I
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN RRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: [i] N/A: �U
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 10/30/2023.
Agenda request has Philip Morley listed in the To: section. Might want to
correct that.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/2/2023.
JPW standard construction contract. Pre-approved by PAO--no
signature needed.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
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
Nordland Construction Northwest,Inc. of Nordland,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 West Valley Road and Gibbs Lake Road by removing fish barrier culverts
and construction of concrete culvert structures that will not be fish passage barriers, and other
work, all in accordance with the Contract Plans,the Contract Provisions, and the Standard
Specifications.
for the total sum of one million,six hundred ninety six,three hundred twenty five dollors
dollars($ 1,696,325.00 )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:
On-site shall commence on or before April 16,2024 and shall be physically completed within 100 working day
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
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.
f
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
7 Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
❑� Exhibit B: Certification of Compliance with Wage Payment Statues
❑� Exhibit C: Contract Bond,Jefferson County, Washington
❑ Exhibit D: Contractor's Declaration of Option for Contracts for Less Than$150,000
❑ 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 MQVCk a- ,2oQ4
Contractor:
Nordland Construction Northwest, Inc.
(Please print)rin
•�
By: L )-C>L l DES , �oKnst
(Please print)
-{Signature)
State of Washington,Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate Dean,District I
Heidi Eisenhour, District 2
Greg Brotherton, District 3
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. H Date
Chief ' tl Deputy Pros utor
Monte 1n ers, Date
Public Works Director/County Engineer
Construction Contract Contract G Version 1 Risk Legal Review Date 06/17/2020 Page 5 of 10
EXHIBIT A
CERTIFICATION REGARDING
DEBARMENT,SUSPENSION,INELIGIBILITY,AND VOLUNTARY EXCLUSION
The Contractor certifies to the best of its knowledge and belief,that it and its principals:
(1) Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily
excluded from covered transactions by any Federal department or agency;
(2) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(Federal, State,or local)transaction or contract under a
public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,
theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving
stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State,or local)with commission of any of the offenses enumerated in paragraph(2)of this
certification; and
(4) Have not within a 3-year period preceding this contract had one or more public transactions(Federal,
State,or local)terminated for cause or default.
Where the Contractor is unable to certify to any of the statements in this certification,such Contractor
shall attach an explanation.
Nordland Construction Northwest, Inc.
Name of Contractor(Please print)
LULv s c�b n so t1 . P60<1 C1,_n'_-
Name and Title of Authorized Represen ative(Please print)
Signature of Authorize Representative
❑ I am unable to certify to the above statement. An explanation is attached.
Construction Contract Contract G Version l 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 January 31,2024 ,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.
Nordland Construction Northwest, Inc.
Bidder's Business Name
Signature of Authorized Official*
Printed Name
Pre-s'k a
Title
-s I,,�n I a;a4
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:
n 1 --)—
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
Bond No:0254328
f
EXHIBIT C
CONTRACT BOND
JEFFERSON COUNTY,WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That Nordland Construction Northwest Inc. ,of Nordland,Washingtonas
Principal,and Berkley Insurance Company ,as Surety,are jointly and severally held and bound unto
the COUNTY OF JEFFERSON,the penal sum of One Million Six Hundred Ninety Six Thousand Three Hundred Twenty Five and 00/100
Dollars ($._ 1,696,325.00 ), 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.,2024 ,the said
Nordland Construction Northwest, Inc. ,Principal herein,executed a certain contract with the County of
Jefferson,by the terms,conditions and provisions of which contract the said Nordland Construction Northwest,
,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 West Valley Road and Gibbs Lake Road by removing fish barrier culverts and construction of
concrete culvert structures that will not be fish passage barriers,and other work,all in accordance with the
Contract Plans,the 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 25th day of March ,20_24_.
Nordland Construction Northwest,Inc. Berkley Insurance Company
PRINCIPAL SURETY COMPAN (70
By: �� By: 51
Madison Czarapata, loess
Att ey-in-fact Jennifer Martinez Ibarra
Address of local office and agent of surety company:
James Clegg Marsh&McLennan Aqency LLC
501 N Riverpoint Blvd Ste 403
Spokane,VVA 99202
Construction Contract Contract G Version I Risk t.egal Review bate 06/172020 Page 8 of 10
POWER OF ATTORNEY Na BISurePatA-a
' BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereot Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY(tbe"Conymny"), a corporation duly
organized and existing under the laws of the State of Delaware,having its principal office In Greenwich„CT,has made,constituted
and appointed, and does by these presents make, constitute and appoint Jennifer Martinez ibarra
Surety Bond No.: 0254328 Marsh&McLennan Agency
Principal: Nordland Construction Northwest.Inc. Spokane,WA
Obiistet Jefferson County
Amount of Bonds Sec Bond Form
its true and ►awful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute,seal, acknowledge and
deliver any and all bonds and undertakings,with the exception of Financial Gumvity Insurance,providing that no single obligation
shall emceed Fifty Million and 00/100 U.S. Dogars t(U.S.SS0,000,00&00),to the same extent as if such bonds had bean duly
executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persona.
This Power of Attorney shall be consuuad and enforced in accordance with,and governed by,the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board ofDirectors of the Company held on January 25,2010:
RESOLVED, that, with respect to the Surety business written by Barkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary am hereby authorized to execute powers of attorney authorizing and guali*ing the attorney-in-fact named therein
to execute bonds,undertakings,reeognizances, or other suretyship obligations on behalf of the Company, and to affm the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted;and futher
RESOLVED,brat such power of attorney lunits the acts of those named therein to the bonds,undertakings,recognizancok
or other suretyship obligations specifically named therein,and they have-no authority to bind the Company except in the
manner and to the extern therein stated;and further
RESOLVED,that such power of attorney revokes all previous powers issued on behalf of the attorney-in-Fact nained; and
further
ABSOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking.reecognizarx e,or
other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effort as
though manually affixed. The CotrVany may continue to use for the purposes herein stated the facsimile signature of any
pesaem or persons who shall have been such offer or officers of the Company,notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF,the Cor%3qpy has caused these premts to be signed and attestant by its appropriate officers and its
corporate seal here unso affixed thiaQ57&y of U 19
Attest: Ber insuraace Company
(Scat) SBAI. BY B _
ermatr J her
kley
Executive Vice President&Secretary Se ' ident
STATE OF CONNLCTICUT)
ss:
COUNTY OF FAIRVIBLD )
Sworn to before me,a Notary Public in the State of Connecticut,tW Q5%y of , 0-1019 ,by Ira S t edwmn
and 1411rey M. Railer who are sworn to me to be the Executive Vice President Se , and Senior Vice President,
respectively,of Barkkry Insunumc Company. NOTARY�rOWN
IC
CONNEMCM
tooue9PItaeti otary Public,State o Coeme:cticut
CERTIFICATE
I,the un densigncd,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a
true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded
and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or to which this Power of
Attorney is attached,is in bill force and effect as of this date.
Given under my hand and seal of the Company,this 25th day of March 2024
(Seal)
s Vincent .Torte --__—_
t
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 Contr t 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 (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/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 t ' 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 o 11 costs or fees incurred as a result of
placing said retained percentage in escrow and investing' as authorized by statute. The Owner shall not
be liable in any way for any costs or fees in connection erewith.
Date gned
D. I hereby elect to provide a Retainage Bo in accordance with R.C.W 60.28.011.
Date Signed
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