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HomeMy WebLinkAboutAgreements/Contracts - Public WorksTMs 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 Yellow Jacket Drilling Services LLC, 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 Solicitation for Drilling Proposal at Ephrata Landfill, located in Grant County, Washington, as proposed in a bid opened 3:00 P.M., Monday July 22), 2019 in accordance with and as described in the herein attached plans and standard specifications (June 28, 2019 Solicitation for Drilling Proposal at Ephrata Landfill, July 10, 2019 Addendum I & July 15, 2019 Addendum 11 all prepared by Pacific Groundwater Group), 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,. Payment terms net 30 days, and the schedule of unit or itemized prices hereto attached (Bid Submitted by Yellow Jacket Drilling Services LLC) , at the time and in the manner and upon the conditions provided for in this contract and every part thereof. Contract Amount $1,049,772.20 per table 4 dated 7/31/2019. The County further agrees to employ the Contractor to perform any alterations in or additions to the work covered by this contract and every part thereof and any force account work that may be ordered and pay for same under the terms of this contract and the attached plans and specifications. 4. The Contractor for himself, and for his heirs, executors, administrators and assigns, and successors and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. a pmvialer'l' that Tay- fl—bi],Jvy' shall attach to the County by reaso, n of e nteriuT RV 5 's U rt, ct, L ;nto this contract, exce..pt as expressly pro vidled herein, 9 C IN V"A11TNEc.$S WHEREOF, the said Contiractor hal executed this instrument and tha "-aid 1? 1, County has caused this instrument to be- executed by Boal -d of County Commi-IssionerS. of GI-C-.nL and in the na-me of 5aid Board by its Members, diuly attest -ed by its Clerk, the day nand yea,r to written, Van d the-s'eal of said' Board to be hen,"reunto affixed on said date. Mc, EST: lerk o the Board 7,t APPROVED ASTC FORM: daye.,2019 Deputy Pj'-osecuititg A'tt)rne�; 9 ay of d 2 0. S i gn 2 t u, r e Richard LeBlanc P r 4N a m Yellow Jacket Drilling Services, LLC Fin,n, Name 3922 East University Drive #1 Address Phoenix AZ 85034 City S 't a 1, e zip 602_) 453-3252_ PhonE BOARD OF C"OUNTYCOW/11ISSIONERS OF GRANT COUNTY, WASHINGTON Done tlohis7efdav of -,--71 92019 Chair Member Me rr, b &-,- KNOW ALL MEN BY THESE PRESENTS: That we, the undel-sign ed, Yellow Tacket Drilling Services, LLC principal, and Nationwide Mutual Insurance Company corporation organized and existing; under the laws of the State of Iowa 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 heid and firmly bound to Grant County, Washington, in the penal sum of One million fort -nine thousand seven hundred seven -two and 20/100 dollars ($ 1,049,772.20 _) 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 Ephrata .., Washington, this 15th day of A est 12019. The conditions of the above obligation are such that: WHEREAS, on July 22, 2019 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 Solicitation for Drilling Proposal at Ephrata Landfill, located in Grant County, Washington, (which contract is referred to herein and is made a part hereof as thoucrh 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 th.12- time set fo rt h; N '-�si n -I of said I HEREFORE, if the said Principal shall faithfully perform all of the provi 0 -) 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, subcontraCltors 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 harmiess 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. Count rsigned., ')P -d Agent J r et Hill & Usher LLC 3033 N. 44th St., Ste 300, Phoenix, AZ 85018 602 956-4220 - --s ;No P.C. Box), Phone of Local'Office of Agent Yellow Jacket Drilling Services, LLC Prind P a i Richard LeBlanc, Principal Managing Member Nationwide Mutual Insurance Com any Surety. 000 Richard B. Usher Meey--in-Fact, caret/ Ap- 7ed 'asto fori: 91 , 2019 Attoey Deput� ProsecutiUng rn KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Allied Property and Casualty Insurance Company, an Iowa corporation Power of Attorney AMCO insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: RICHARD B. USHER, TAYLOR B. USHER., DEBORAH STREETER each in their individual capacity, its true and lawful attomey-in-fact, with full power and authority to sign, seal. and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of ONE MILLION FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($1,500,000.00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby Is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory In nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instru!ppnts. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, Instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this tnstrurnent o qe sealed and duly attested by the signature of its officer the 27th day of February, 2019,. Antonio & Albanese, Vice President of Nationwide Mutual Insurance Company, AMCO insurance Company, Allied Property and Casualty Insurance Company Y 'SEA ACKNOWLEDGMENT All "k {, p..''' '�; STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this 27„ Ph day of Fe ruerr ,before me came the above-named officer for the Company ' I own o be the officer described in and who executed the preceding aforesaid, to me personally known t P 9 Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes Company that the seal affixed hereto is the , ►�O .' ..* and says, that he Is the officer of the aforesaid, corporate seal of said Company, and the said corporate seat and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. ""•,, ,•'"4 * Suzanne C. Delio bNolary Public, State of New York ft ,' W ' No.OZDE6126649 In Westchester County Quallfled Commission Expires September 16,2D21 Notary Public My COM(TA354on Expires September 16, 2021 CERTIFICATE 1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing Is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonlo C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still In full force and effect, IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 15th day of —. August 2019 au4a S.. Assistant Secretary BOJ 1 (02-19)00 YELLO-2 OP ID: KW A<7"" . CERTIFICATE O LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/12/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hill Usher LLC Insurance. Bonds. Benefits. CONTNAME:Commercial Service Team FAX PHONE 602I(AICL.No): - - Ext): 602-956-4418 A/c No 9564220 3033 North 44th Street, #300 Phoenix, AZ 85018 E"MA-ADDRESS. doccontrol@hillusher.com INSURER(S) AFFORDING COVERAGE NAIC # Steve R. Shields INSURER A: Phoenix Insurance Company 25623 DAMAGE TO RENTED PREMISES Ea occurrence) $ 300,000 INSURED Yellow Jacket Drilling Services, LLC Richard LeBlanc dba INSURER B : Travelers Property Casualty Co 25674 INSURER C : Travelers Indemnity Co 25658 INSURER D : Homeland Insurance Co of NY 34452 Yellow Jacket Drilling 3922 E University Dr, Ste 1 Phoenix, AZ 85034 INSURER E: INSURER F B COVERAGES CERTIFICATE NUMBER: REVISION Nl1MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IN L UBR POLICY NUMBER MM DDPOLICY/YYYY EFF CY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR 124 ENTERPRISE ST SE E P H RATA, WA 98823 DT-CO-2J407688-PHX-19 04/01/2019 04/01/2020 EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 59000 PERSONAL & ADV INJURY $ 15000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ® JERCOT- F_� LOC OTHER: GENERAL AGGREGATE $ 29000,000 PRODUCTS -COMP/OP AGG $ 210003000 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS DT -810 -2J354550 -TIL -19 04/01/2019 04/01/2020 COMBINED SINGLE LIMIT Ea accident $ 1,®®®,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Pe PE den DAMAGE $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP -2J444660-18-42 04/01/2019 04/01/2020 EACH OCCURRENCE $ 103000,000 AGGREGATE $ 10,0009000 DED X RETENTION $ 10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y Y OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A UB -2J440716-19-26 04/01/2019 04/01/2020 X I PER STATUTE EOR H E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,0001000 E.L. DISEASE - POLICY LIMIT $ 11000,000 B D Equipment Floater POL/PROF/TRANS POL 6601367M582 7930060860002 04/01/2019 04/01/2019 04/01/2020 04/01/2020 LSD/RNID 2503000 OCC/AGG 10,0005000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: EPHRATA LANDFILL- WA. CERTIFICATE HOLDER i^ANCFI I ®TION COUNTYC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COUNTY COMMISSIONERS OF ACCORDANCE WITH THE POLICY PROVISIONS. GRANT COUNTY AUTHORIZED REPRESENTATIVE 124 ENTERPRISE ST SE E P H RATA, WA 98823 ; 041988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD