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Home My WebLink About06-26-2024 Central Washington AsphaltCity of East Wenatchee 3td Street NE TIB Complete Streets June 2024 Conttact Documents CONTRACT THIS AGREEMENT, made and entered into this «?6 day of J^_, 2024, between the CITY OF EAST WENATCHEE, a Municipal Corporation of the State of Washington, and Central Washington Asphalt, 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, the parties hereto covenant and agree as follows: 1. The contractor shall do all work and furnish all tools, materials, and equipment for CITY OF EAST WENATCHEE - 3rd Street NE TIB Complete Streets project, in the amount of $432,000.00 (this includes applicable sales tax) in accordance with and as described in the attached plans and specifications and in full compliance with the terms, conditions, and stipulations herein set forth and attached, now referred to and by such reference incorporated herein and made a part hereof as fully for all purposes as if 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 which may be ordered as provided in this contract and every part thereof. 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, except such as mentioned in the specifications to be furnished by the City of East Wenatchee. 2. The City of East Wenatchee 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 mamier and upon the conditions provided for in this contract and every part thereof. The City further agrees to employ the Contractor to perform any alterations or additions to the work covered by this contract and every part thereof and any force account work that may be ordered and to pay for the same under the terms of this contract and the attached plans and specifications. 7/15/2024 12:41 PM CF-1 J:\Data\EW\21-Ol33\06 3rd St NE TIB Complete Strccts\50 SDB\14 - Contract document - TIB Complete Streets.docx -I City of East Wenatchee 3rd Street NE TIB Complete Streets June 2024 Contract Documents 3. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided for herein. 5. Contractor agrees that he shall actively solicit the employment of minority group members. Contractor further agrees that he shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of his compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF the said parties and each of them have caused these presents to be duly executed by its proper officers and in the proper person or persons, the day and year first above written. ATTEST:CITY OF EAST WENATCHEE A Municipal Corporation (^ City Cferk ^/IA^ Mayor ^&A Central Washington Asphalt, Inc. 'Co(ctor By_/ yarr\p Maiers, President Printed Name/Title 7/15/2024 12:41 PM CF-2 J:\D!i&\E\V\21-0133\06 3rd St NE TIB Complete Sb-cets\50 SDB\U - Coiitnct document - TIB Complete Strcets.docx 60ND NUMBER: 023231636 June 2024 Contract Forms City of East Weaatchee 3rd Street NE TIB Complete Streets PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: TRA-T whereas The City of East Wenatchee, East Wenatchee, Washington a municipal corporation has awarded to: Central Washington Asphalt, Inc. (Contractor) hereinafter designated as the "Principal" a contract for work items, which contract consists of the Proposal/Agreement, together with the Contract Documents, Specifications, Addenda and Plans, all as hereto attached and made a part hereof, and more particularly described as: 3rd Street NE TIB Complete Streets and whereas said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we the Principal and Liberty Mutual Insurance Company -, a corporadon, organized and existing under and by virtue of the laws of the State of Washington, and duly authored to do business in the State of Washington as surety, are firmly bound unto City of East Wenatchee in the sum of Four hundred thirty two thousand dollars and 00/100 ($432,000.00) Dollars, including applicable sales tax, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, joindy and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shaU in aU things stand to and abide by, and well and truly keep and perform the covenants, condidons and agreements in said contract, and shall faithfiilly perform aU the provisions of such conttact, and shall also well and truly perform and fulfill aU the undertakings, covenants, tenns, conditions and agreements of any and aU duly authorized niodifications of said contract that may hereafter be tnade, at the tiine and in the manner therein specified; and shall pay all laborers, mechanics, subcontractors and materiaknen, and all persons who shall supply such person or persons, or subcootractors, with provisions and supplies for the carrying on of such work on his or theit parts; and shall indemnify and save harmless the Owner s Engineer, its officers and agents, 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 contract or any modifications thereof; and shall further indemnify and save harmless City of East Wenatchee, its officers and agents, from any damage or expense by reason of failure of petfocmance as required by said contract, or any modifications thereof, then this obligadon shall become null and void, otherwise it shaU be and remain in full force and effect. And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be perforaied thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, altetnations or additions to the terms of the Contract or the work or to the Specificadons. This Bond is provided pursuant to and shaU be construed in accordance with Ch. 39.08 RCW. 7/15/2024 12:41 PM CF-3 J:\Data\EW\21-0133\Ofi 3rd St NE TIB Complete Streets\50 SDB\15 - Pctformmce & PajTOmt Bond.docx June 2024 Contract Forms City of East Wenatchee 3rd Street NE TIB Complete Streets IN WITNESS THEREOF, the said Principal and the said surety caused this bond and three (3) counterparts thereof to be signed and sealed by their duly authorized officers, this 22nd day of^_July__, 2024. Central Washington Asphalt, Ijic. Principal By /? Tide /'Pamp Ma/e^s, President ATTEST (If Corporation) Partnership) WITNESSES (If Individual of ^^A^M C^^A7~(Mn-fraj^l' ^nlm^^ka^ CORPORATE SEAL By z ^ pTide p Maiers, President APPROVED AS TO FORM SuretyJ-iberty Mutual Insurance Company ^^ By IfJLlAlfcJTL ^sff^^ c!"l?rla M- Boadle Attorney-in-Fact^1912'°^ (Attorney for ybertv Mutual Insurance Company |NS(/ ^1912 ^?,s^rt ^CHM ?/? By S«a] No. 5649 .^Address of local office and agent of Surety Company is: Propel Insurance 601 Union St. Suite 3400 Seattle, WA 98101 7/15/2024 12:41 PM CF-4 J:\Data\EW\21-0133\06 3rd St NE TIB Complete Strcets\50 SDB\15 - Pcrformmce & Payment Bond-docx LibertyMutual. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8211909 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Aliceon A. Keltner, Alyssa J. Lopez, Amber Lynn Reese, Amelia G. Burrill, Annelies M. Richie, Brandon K. Bush, Brent E. Heilesen, Carley Espiritu, Charla M. Boadle, Christopher Kinyon, Diane M. Harding, Donald Shanklin, Jr., Edward Sims, Eric A. Zimmerman, Holli Albers, Jacob T. Haddock, James B. Binder, Jamie L. Marques, Julianne Morris, Julie R. Truitt, Justin Dean Price, Kari Michelle Motley, K.atharine J. Snider, Lindsey Elaine Jorgensen, Lois F. Weathers, Michael Mansfield, Misti M. Webb, Sara Sophie Sellin, Sarah Whitaker, Tamara A. Ringeisen all of the city of Tacoma state of WA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 3Qth day of May , 2024_. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmencan Insurance Company sI roS ro I State of PENNSYLVANIA 0 g,| County of MONTGOMERY 5 0)|5^ 1^ Ill 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance | ^ ^ ro | Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes |*£ ^ I therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ^ I IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notan'al seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.--.?<"1^1!°\Ill ?s\)clIllIll )g INSU/p Ws \N^y^^^^^^%•^•fc'^^>RP 0 0<^^%POt<b<1 b»^^c°^%%y y <s^;)ftJ s0s19121919 1991n ni°s0 0f^m ^%^^^t.s<:fAW^^^OIAKt;^%.•<CHU ^^^,?^f-1 >-K 41./ i.^1^' ^By: David M. Carey, Assistant Secretary ss On this 30th day of May P4S!^<s <•y/s OF^^9'SYLie^^pd^•fffy Commonwealth of Pennsylvania - Notary Seal Teresa Pasteila, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 By: Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the \^ m "fi.a) °•c uII3iII IllIIlil£^IIllg § $ 1-Q 'S provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 22n6 day of July , 2024 . &^ LL. Q. ^(/^INSfe \NS(y^^•^^^^^0^-fc^ftp 0 ff 0 1<$•°^0%^%'<?a <?ms lu19121919 1991 0i0s0y*,^^-£^*%^^^^9^y.0 ^^^'<t'OIAt*tCHU%A MP ^^'^.?^/7 >;•-1 By: ^^f^M^^ Renee C. Llewellyn, Assistant Secretary