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HomeMy WebLinkAboutAgreements/Contracts - Public WorksK20-229 CONTRACT THIS AGREEMENT, between the Board of County Commissioners of Grant County, State of Washington, acting under and by virtue of Chapter,36.7 of the Revise Codenf.Washington, as amended, hereinafter called the County, and 1b1T�111�z�Q 1L�y [7 10 1E for itself, its heirs, executors, administrators, successors and assigns, hereinafter called 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 3 -NE ROAD PHASE 2 RECONSTRUCTION PROJECT, CRP 19- 08, located in Grant County, Washington, as proposed in a bid opened 1:30 P.M., Tuesday, August 11, 2020 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. 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. L11—day of 2020 ATTEST: I _ZXd Ll Clerk fth Board APPROVED AS TORM: day of f. 2020 Deputy Prosecuting Attorney Print Name Firm Name Address l� r Phone BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON Member Project CRP 19-08 Contract — Page CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as principal, and a corporation organized and existing under the laws of the State of 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 ($ ) 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 Grant County, Washington. Dated at , Washington, this _ day of , 2020. The conditions of the above obligation are such that: WHEREAS, on August 11, 2020, 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 3 -NE ROAD PHASE 2 RECONSTRUCTION PROJECT, CRP 19-08, 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 and remain in full force and effect. Countersigned: Licensed Agent/Surety Co. Firm, Street Address (No P.O. Box), Phone of Local Office of Agent i-Nt hieconstructlon Principal Attorney -in -Fact, Surety Approved as to Form: 2020 Deputy Prosecuting Attorney CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned' Wheeler Excavation, LLC Bond No. 2200321 as indDal, and North American Specia a corporation organized and existing under the laws ofthe State nf New Hampshire as surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds Ofcontractors with municipal corporations, as surety, are jointly and severally held and firmly bound to Grant County, Washington, inthe penal sum of One Million One Hundred Twenty Nine Thousand Nine.Hundred Ninety IWp & 80/1 an ($1,129,992.80 _)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 ofGrant County, Washington. Dated Washington, this le '�dayof 2020. The cunclitions of the above obligation are such that: WHEREAS, oDAugust 11,2D2Q,the Board ofCounty 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 3 -NE ROAD PHASE 2 RECONSTRUCTION PROJECT, CRP 19-08, 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 ANN" 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 itshall be and remain infull force and effect. Countersigned: N/A ' Hentschell & Associates, Inc. Principal t/Suretym. erican Special rance Company 1430S.Union Ave. 'to/anne Reinken-smeyer Attorney -in -Fact, surety Tacoma, VVA984O5 Approved astoForm: � 253 > 27 1 `----' 2020 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: THOMAS P. HENTSCHELL, BRADLEY A. ROBERTS, JULIE A. CRAKER, KAREN J. SMITH, and JOANNE REINKENSMEYER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �a�luuOki.,ip N yp NN1YtlYa By SEAL ••zn= Steven P. Ajidersov, Senior Vice President of Washington International Insurance Company r SEAL gy i?1 1979 `n & Sealor Vice Prnident of North American Specialty Insurance Company o ? m F.6 y, n�nuumNn By ��J,°P Michael A. Ito, Senior�icePres(entof Washington international Insurance ompany �Y & Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 19 day of JANUARY 2018 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 19 day of JANUARY , 2018 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY Notary Public - State of Illinois My Commission FYp m 12"21121 M. Kenny, Nolery Public I, Jeffrey Goldberg _the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this /v day of September , 20 20 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company