HomeMy WebLinkAboutAgreements/Contracts - Public WorksMemo
Grant County
Department of Public Works
124 Enterprise St. S.E.
Ephrata, WA 98823
To: Grant County Board of County Commissioners
From: Samuel Castro, C.P.O.
Director of Public Works
Date: January 5, 2023
Serial No. 23.004
Re: Execution of Contracts with DeAtley Crushing for 2022 Crushing and Stockpiling
Request for the Board to execute the contracts between DeAtley Crushing and Grant County
Public Works for:
2022 Crushing and. Stockpiling
Description of work: This contract provides for crushing, screening, and stockpiling 170,000
tans of crushed surfacing mineral aggregates and other work at four locations in Grant County,
WA all in accordance with the attached Contract Plans, these Contract Provisions, and the
Standard Specification
Contract Total: $1,497,500.00
"To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful
work environment."
Information .................................................(509) 754-6082
Keith Elefson, County Road Engineer .................. Ext. 3502
Ed Lowry, Supervisor -Dist. No. 1 ................................ Ext. 3540
FAX...............................................................(509) 754-6087
Bob Bersanti, Construction Engineer .................... Ext. 3503
Mike DeTrolio, Supervisor -Dist. No. 2 ........................ Ext. 3591
E-mail ............................. publicworks@grantcountywa.gov
Loc Uhl, Accountant Lead ....................................... Ext 3555
John Brissey, Supervisor -Dist. No. 3 ........................... Ext. 3541
Sam Castro, Public Works Director ....................Ext. 3504
Rod Follett, Foreman -Sign Shop ............................ Ext. 3579
John Spiess, Supervisor -Central Shop ............. (609) 754-6085
Samuel Dart, Assistant Director .........................Ext. 3519
Jason Collings, Solid Waste .......................... (509) 754-4319
Andy Booth, Bridge Supervisor .................................... Ext. 3535
K23-011
CONTRACT
THIS AGREEMENT, between the Board of County Commissioners of Grant County, State
of Washington, -acting under and by virtue of Chapter 36.77 of the Revised Code of Washington,
as amended, hereinafter called the County, and 140—" for itself, its
heirs, exe-tutors, administrators, successors and assigns, h einafter calle the Contractor.
WITNESSETH:
That in consideration of the payments, covenants, and agreements, hereinafter
mentioned, and attached and made a part of this agreement, to be made and performed by the
parties hereto, and the parties hereto covenant and agree as follows:
DESCRIPTION OF WORK:
1. The Contractor shall do all work and furnish all tools, materials, and equipment necessary
to improve and complete 2022 Crushing and Stockpiling, located in Grant County, Washington,
as proposed in a bid opened 1:00 P.M., Tuesday, November 29, 2022 in accordance with and as
described in the herein attached plans and standard specifications, and in full compliance with
the terms, conditions, and stipulations herein set forth and attached, now referred to any by such
reference incorporated herein and made part hereof as fully for all purposes as if here set forth
at length, and shall perform any alterations in or additions to the work covered by this contract
and every part thereof and any force account work may be ordered as provided in this contract
and every part thereof.
2. The Contractor shall provide and be at the expense of all materials, labor, carriage, tools,
implements and conveniences and things of every description that may be requisite for the
transfer of materials and for constructing and completing the work provided for in this contract
and every part thereof.
3. The County hereby promises and agrees with the Contractor to employ, and does employ
the Contractor to provide the materials and to do and cause to be done the above described
work and to complete and finish the same according to the attached plans and 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 conditions provided for in this contract and every part
thereof. The County further agrees to employ the Contractor to perform any alterations in or
additions to the work covered by this contract and every part thereof and any force account work
that may be ordered and pay for same under the terms of this contract and the attached plans
and specifications.
4. The Contractor for himself, and for his heirs, executors, administrators and assigns, and
successors and assigns, does hereby agree to the full performance of all the covenants herein
contained upon the part of the Contractor.
5. it is further provided that no liability shall attach to the County by reason of entering into
this contract, except as expressly provided herein.
2022 CRUSHING AND STOCKPILING Contract —Page 1
IN WITNESS WHEREOF, the said Contractor has executed this instrument, and the said
Board of County Commissioners of Grant County has caused this instrument to be executed by
and in the name of said Board by its Members, duly attested by its Clerk, the day and year below
written, and the seal of said Board to be hereunto affixed on said date.
ATTEST:
Alen
Clerk of the Bo�rd p� t�
APPROVED AS TO FORM:
ra
day of, 202
Deputy Prosecuting Attorn
1:j
a of2022
Signature
C-vt Gvra-L-m\
Print
Name
Firm Name
Address
LLW V(D 01
City State Zip
Phone
BOARD OF COUNTY COMMISSIONERS
OF GRANT COUNTY, WASHINGTON
Done this day of 202)�
Chair
Member
Member
2022 CRUSHING AND STOCKPILING Contract — Page 2
CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS:
Bond No. 107746119
That we, the undersigned, DeAtley Crushing Company, Inc. , as
principal, and Travelers Casualty and Surety Company of America , a
corporation organized and existing under the laws of the State ofConnecticlt , as
surety corporation, and qualified under the laws of the State of Washington to become surety
upon bonds of contractors with municipal corporations, as surety, are jointly and severally held
and firmly bound to Grant County, Washington, in the penal sum of
One Million Four Hundred Ninety—Seven Thousand Six Hundred Fifty and on /loo
($ 1 , 497, 650.0 0 ) for the payment of which sum on demand we bind ourselves and our
successors, heirs, administrators or personal representatives, as the case may be.
This obligation is entered into in pursuance of the statutes of the State of Washington,
the Ordinances of G nt County, Washington.
Dated at ' c Washington, this Z, oday of s -., e e:� 2022.
The conditions of the above obligation are such that:
WHEREAS, on November 29, 2022, the Board of County Commissioners of said Grant
County has let or is about to let to the Principal, a certain contract, the said contract providing
for the improvement of 2022 Crushing and Stockpiling, located in Grant County, Washington,
(which contract is referred to herein and is made a part hereof as though attached hereto), and
WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and
undertake to perform the work therein provided for in the manner and within the time set forth;
NOW, THEREFORE, if the said Principal shall faithfully perform all of the provisions of said
contract in the manner and within the time therein set forth or within such extensions of time as
may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and
material men, and all persons who shall supply said Principal or subcontractors with provisions
and supplies for the carrying on of said work, and shall hold said Grant County harmless from any
loss or damage occasioned to any person or property by reason of any carelessness or negligence
on the part of said Principal, or any subcontractor in the performance of said work and shall
indemnify and hold Grant County harmless from any damage or expense by reason of failure of
performance as specified in said contract or from defects appearing or developing in the material
or workmanship provided or performed under said contract, and until the same is accepted, then
and in that event this obligation shall be void but otherwise it shall be a rem in fol force
and effect. DeAtley Cr irg om c,
Countersigned:
Travelers Casualty and Surety
S_'y n f Amg=^r i..e a
Licensed Agent/Surety Co.
2713 N. 20th Ave
Pasco, WA 99301
(509 )545-3800
Firm, Street Address (No P.O. Box), Phone of Local Office of Agent
Principal
Att n -in-Fact, Surety
Kirsten Jordan
Approved as to form:
12022
Prosecuting Attorney
2022 CRUSHING AND STOCKPILING Contract -Page 3
Travelers Casualty and Surety Company of America
AOW Travelers Casualty and Surety Company
TRAVELERSJ- 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 Kirsten K Jordan of
PASCO , Washington , their true and lawful Attorneys) -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.
State of Connecticut
By: f
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.
aix-
wp aAx►51 :,y
PKI �
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
WTAIW
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 27th day.;of", December 2022
l* ,
MOM
ow_ ,CONK
xr
.: Kevin E. Hughes, Assi tant Secretary
s - To i4rif'the authenticity of this Power of Attorney, please ca// us at 1-800-421-3880.
Please refer to the ab 9ve= tai ued Attorneys) -in -Fact and the de tails of the bond to which this Power ofAttorney is attached.
PROPOSAL
To: Board of County Commissioners
Grant County, Washington
Date:November 29 1 2022
This certifies that the undersigned has examined the location of 2022 Crushing and Stockpiling,
in Grant County, Washington, and that the plans, specifications and contract governing the work
embraced in the improvement, and the method by which payment will be made for said work is
understood. The undersigned hereby proposes to undertake and complete the work embraced
in this improvement, or as much thereof as can be completed with the money available in
accordance with said plans, specifications and contract and at the following schedule of rates and
prices.
2022 Crushing and Stockpiling
Note: Unit prices for all items, all extensions, and total amount must be shown. Please type or
tirun ink Plp;;cp initial ;;II rh;;nppc,-
Item
Plan
Item Description
Price per Unit*
Total Amount
No.
Quantity
$125,200,00
Dollars . Cents
Dollars . Cents
PREPARATION
100% Mobilization At
Lump Sum $120,000,00
Per Lump Sum L
STOCKPILING
Hillt® North Quarry #565
2 30,000.0 Special Crushed Coverstone in At
Ton Stockpile — Index #565, Hilltop $9.76 $292,800.00
North Quarry Per Ton
- - --------
3 20,000.0 Crushed Surfacing Top Course in At
Ton Stockpile — Index #565, Hilltop $7,36 $147,20000
North Quarry Per Ton
NeDDel Pit #577
4 45,000.0 Special Crushed Coverstone in At
Ton Stockpile — Index #577, Neppel Pit $8,05 $362,250.00
Per Ton
Mnrdhnr-,;t Pit AtSR7
5
20,000.0
Crushed Surfacing Top Course in I At
Ton
Stockpile —Index #587, Mordhorst $6.26
$125,200,00
Pit Per Ton
2022 CRUSHING AND STOCKPILING Proposal — Page 1
Item Plan
No. I Quantity
Item Description
Voke Pit
Price per Unit* I Total Amount
Dollars .Cents I Dollars .Cents
6
201000.0
Special Crushed Coverstone in
At
Ton
Stockpile — Voise Pit
$9.74
$194,800.00
1
Per Ton
I I
7
20,000.0
Crushed Surfacing Top Course in
At
Ton
Stockpile — Voise Pit
$7.34
$146,800,00
1
Per Ton
I I
8
15,000-0
Crushed Surfacing Base Course in
At
Ton
Stockpile — Voise Pit
$7.24
$108,600,00
1
, Per Ton
I I
Contract Total $1,497,650,00
2-02-2 CRUSHING AND STOCKPILING Proposal —Page Z
Certification of Compliance with Wage Payment Statutes
The bidder hereby certifies that, within the three-year period immediately preceding the
bid solicitation date (11/29/2022).. the bidder is not a "willful" violator., as defined in RCW
49.48.082, of any provision 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.
I certify under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
DeAtley Crushing Company
Bidde 's Business Name
Signature of Authorized Offici
Aaron Fitting
Printed Name
Vice -President
Title
11/29/22 Lewiston
Date city
Check One:
Sole Proprietorship F-1 Partnership 11 Joint Venture 0
Idaho
State
Corporation
State of Incorporation, or if not a corporation, State where business entity was
formed:
Idaho
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.
2022 CRUSHING AND STOCKPILING Proposal —Page 3
Failure to return this Declaration as part of the bid proposal package
will make the bid nonresponsive and ineligible for award.
Non -Collusion Declaration
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United
States that the following statements are true and correct:
1. That the undersigned person(s), firm, association, or corporation has (have) not,
either directly or indirectly, entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding in connection
with the project for which this proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and
have agreed to the provisions of this declaration.
Notice to All Bidders
To report bid rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline"' Monday
through Friday, 8:00 a.m. to 5:04 p.m., Eastern Time. Anyone with knowledge of possible bid
rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such
activities.
The "hotline" is part of USDOT's continuing effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the USDOT
Inspector General. All information will be treated confidentially and caller anonymity will be
respected.
Revised 8/95
From DOT Form 272-0361 EF
07/2011
2022 CRUSHING AND STOCKPILING
Proposal —Page 4
Proposal — Signature Page
The bidder is hereby advised that by signature of this proposal he/she is deemed to have
acknowledged all requirements and signed all certificates contained herein.
A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the
approximate estimate of quantities at the above prices and in the form as indicated below, is
attached hereto:
Cash 13 In the Amount of
Cashier's Check p
Certified Check D
Proposal Bond a
Dollars
($ ) Payable to the Grant County Treasurer
In the Amount of 5% of the Bid
Receipt is hereby acknowledged of addendum(s) No.(s) &
Signature of Authorized Officials)
Proposal Must Be Signed ;
Aaron Fitting, Vice -Pre i rent
Please Print Name of Authorized Official
Firm Name DeAtley Crushing Company
Address
4307 Snake River Ave
PO Box 759
Lewiston, ID 83501
State of Washington Contractors License No.
DEATLCC013L3
Federal ID No.
82-0497265
Note:
(1) This proposal form is not transferable and any alteration entered hereon without prior permission from the County
Engineer will be cause for considering the proposal irregular and subsequent rejection of bid.
(2) Please refer to section 1-02.6 of the standard specifications, re:"Pre paration of Proposal" or "Article 4" of the
instructions to bidders for building construction jobs.
(3) should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the
following proposal number in your communication: #3
Kevisea a/y5
2022 CRUSHING AND STOCKPILING Proposal -- Page
Statement of Contractor Qualifications
To: Board of County Commissioners Date: November 29 , 2022
Grant County, Washington
RE: 2022 Crushing and Stockpiling
I hereby maintain that I am a responsible bidder as contemplated by the policies of the State of
Washington and Chapter 36.77 of the Revised Code of Washington.
1. My permanent business name and address is DeAtley Crushing Company 4307 Snake River Ave Lewiston, ID 83501
which I have maintained for 22 years. My phone is ( 208 ) 743-6550 Fax ( 208 ) 743-6474
2. 1 have adequate plant equipment to expeditiously and properly perform the work contemplated
for Grant County, Washington. Description of work: This contract provides for crushing,
screening and stockpiling 170,000 tons of crushed surfacing mineral aggregates and other work
at four locations in Grant County, WA all in accordance with the attached Contract Plans, these
Contract Provisions and the Standard Specifications. (Please list equipment to be used on this
project. Attach list if necessary.)
See Attached
3. 1 have adequate funds to promptly meet obligations incident to this work. (Provide bank, contact
& phone.) a) Wells Fargo Bank b)
c)
4. 1 have adequate experience in this class of work and I am thoroughly familiar with the
specifications used in this project. l have constructed the following similar improvements:
(Provide project name, contact & phone.)
a) Benton County Public Works, Larry Moser 509-786-5611
b) Garfield County Public Works, Steven Ledgerwood 509-843-1391 C)
Garfield County Public Works, Steven Ledgerwood 509-843-1391
S. I have submitted and maintain annually a "Standard Questionnaire and Financial Statement" to
the Washington State Department of Transportation (WSDOT): Yes ❑ No (Z] Region:
WSDOT has determined: a) I am prequalified to
in the amount of
b) I have failed to be prequalified for the following reasons:
The Contracting Agency may determine a prospective Bidder who is not prequalified to perform
certain types of work within the financial and experience constraints determined by WSDOT to
be not responsible and refuse to award a contract.
The Board of County Commissioners shall proceed to award the contract to the lowest and best
bidder but may reject any or all bids if in its opinion good cause exists therefor. (RCW 36.77.040)
1 hereby certify that the above statements are true and accurate.
V ry truly yours
By: =�
(Print Name) Aaron Fitting
Company Name: DeAtley Crushing Company
Address : 4307 Snake River Ave
City, State, Zip: Lewiston, ID 83501
Washington State Contractor's License No.: DEATLCC131_3
Revised 4/02
2022 CRUSHING AND STOCKPILING Proposal —Page 6
Bid and
KNOW ALL MEN BY THESE PRESENTS:
That wet DeAtle Crushi
Com an Inc.
Principal., and ir4ve,
-- eLs Casual ..and d. Sures -9-0--M �nof •America a s
Surety, are held and firmly bound unto Grant as
Of -'-Five.fercentOf Bid Amount County', Washingtont as Obligee, in the penal sum
for the payment Dollars
of which the Principal and Surety bind the
their heirs, executors/ administrators; successors and asci themselves
presents. ssigns, jointly and severally.. by these
The condition Of the obligation is such that -
I the Obligee shall make any award to the
I
Principal for 2022 Crushing and Stockpiling, located in Grant County', Washington., according to
the terms of the proposal or bid made by the Principal therefor, and the Princ-
make and enter into a contract with the Obl' ipal shall duly
igee in accordance with the terms Of said proposal
or bid and award ands
hall give bond for the faithful performance thereof.. with the Surety or
Sureties approved by the Obligee; or if the principal shall, in case offailure so to do
forfeit to the Obligee the penal amount of the deposit specified ay an
in the call for bids, then this
obligation shall be null and void; otherwise it shall be and remain in full force and effect and
the Surety shall forthwith pay and forfeit to the Obligee.. as penalty and h
amount of this bond. 'quidated damages, the
SIGNED, SEALED AND DATED THIS 29th DAY OF November
Crushing 'At ------- 12022
Principal Corn a —C.
U
Surety Travelers Casual an
Lae coa�R�jnAmerica
Attorney -in -Fact A
2022 CRUSHING --------- -A- -N -D- STOCKPILING
K Jordan `-`�
Proposal~-
Page 7
Travelers Casualty and Surety Company of America
TRAVELERS Travelers Casualty and Surety Company
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 Kirsten K Jordan of
PASCO I 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.
N Coro"
COW COK d KAL
State of Connecticut
By: I 4ne enior
City of Hartford ss. Robert L. Ra ior 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.
'AAWN"'o
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026 Aew
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 bb valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
1, 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 29th day of November 2022
IV A
IV" M-1 X`�JIWMAD CWWK
cot" 0"
1,0
AV AV
,oe
I Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney
please call us at 1-800-421-3880.
Please refer to the above-namedAttorney(s)-M-Fact and the details of the bond to which this Power of Attorney is attache.
DeATLEY CRUSHING COMPANY and ECHO RENTAL COMPANY
EQUIPMENT AND OTHER ASSETS LIST
2022
Equipment
Number
Location
Description
004-656
PLANT 1
2022 988K CAT Wheel Loader
004-692
PLANT 1
2005 950G CAT Wheel Loader
006-612
PLANT 1
2006 D8T CAT Dozer
009-326
PLANT 1
770 CAT Wagon (MRB)
009-642
PLANT 1
2020 Komatsu HD325-8 Haul Truck
020-053
PLANT 1
1978 Hobbs Fuel Trailer
020-315
PLANT 1
1994 Conveyor Trailer
020-334
PLANT 1
1989 Alloy Switch Van
020-601
PLANT 1
1999 Screen/Conveyor Trailer
020-625
PLANT 1
2007 Tandem Axle Dolly
020-629
PLANT 1
1989 30' Great Dane Sample Van
020-636
PLANT 1
2011 Generator Trailer
020-641
PLANT 1
1989 Lufkin 45' Flatbed Trailer
020-656
PLANT 1
2019 Scale Trailer
022-606
PLANT 1
1997 Kenworth T800 Water Truck
023-315
PLANT 1
Tsurumi LH61 5-61 Submersible Pump (MRB)
023-316
PLANT 1
Custom Pump Float
025-117
PLANT 1
2008 Komatsu PC30OLC-8 Excavator (ARP)
026-607
PLANT 1
1996 Grove RT528C Crane
030-306
PLANT 1
Portable Scale
033-003
PLANT 1
1992 Roll Crusher Unit - 55x30 w/ 6x16 Eljay
033-309
PLANT 1
Roll Crusher Unit - 55x30
033-309T
PLANT 1
Rolls Carrier w/ 3D 6x16 Screen
033-607
PLANT 1
Pioneer haw Crusher - 28x54 w/ 54x20 VGF
033-617
PLANT 1
SCI K400+ Cone Crusher/Chassis
034-600
PLANT 1
48"x50' (2 5 hp) No. 1 Main Conveyor
034-611
PLANT 1
24"x28' (7.5hp) Chip Conveyor
034-616
PLANT 1
36"x40' (1 Ohp) Collector Conveyor
034-617
PLANT 1
36"x50' (1 5 hp) Stacker Conveyor
034-623
PLANT 1
36"x50' (1 Ohp) Stacker Conveyor
034-629
PLANT 1
36"x45' (1 Ohp) Stacker Conveyor
034-633
PLANT 1
24"x35' (1 Ohp) Chip Bypass Conveyor
034-640
PLANT 1
30"x80' (25hp) Hydraulic Bunker Conveyor
034-645
PLANT 1
36"x36' (1 Ohp) No. 2 Main Conveyor
034-646
PLANT 1
42"x50' Return Conveyor
035-318
PLANT 1
50 Ton Overhead Loadout Bunker
035-319
PLANT 1
50 Ton Overhead Loadout Bunker
038-601
PLANT 1
2007 Spomac Wash Plant with Twin 36" Sandscrew Mount
052-654
PLANT 1
2011 CAT C27 Generator (2019 Complete Rebuild)
052-655
PLANT 1
2011 CAT C27 Generator (2019 Complete Rebuild)
052-714
PLANT 1
Miller Big Blue 400P CC Welder (on 063-600)
063-600
PLANT 1
Maintenance/Welder Skid
Revised 11/28/2022 Page 1 of
DeAtley Crushing Company
CORPORATE RESOLUTION
Memorandum of Consent to Action
of the Chairman of the Board
in Lieu of a Special Meeting
The undersigned, being the Chairman of the Board of DeAtley Crushing Company, a corporation, hereby
consents to the adoption of the following resolution in lieu of a special meeting of the Board of Directors
of the corporation, effective February 17, 2022.
RESOLVED, that Brien DeAtley designated the following personnel to have the authorization to enter
into and sign contracts, proposals, bids, performance and payment bonds, and other legal documents
related to the business of DeAtley Crushing Company.
Brien DeAtley, President
atthew DeAtley, Vice President
g, Vim" Pre
g GrayM1, Secretary
Brien DeAtley, Chairma"f the d
DeAtley Crushing Company
Date: February 17, 2022