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HomeMy WebLinkAboutCP1912 - West Coast Signal - Contract 20-01 CONTRACT Contract No. 20-01 THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at Auburn, Washington, this "i, day of Q.�q. , 2020, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and West Coast Signal, Inc, 20111 208th Avenue SE, Renton, WA 98058, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled "CP1912, 15th St Dynamic Message Sign," which are by this reference incorporated herein and made a part of this Contract, the parties hereto covenant and agree as follows: I. The CONTRACTOR shall do all work and furnish all tools, materials and equipment for Project CP1912, 15th St Dynamic Message Sign — installation of a new Dynamic Message Sign, control cabinet and support structure and connecting the new sign and four existing traffic signals to the City's existing ITS fiber communication network for a unit bid price of two hundred twenty-eight thousand, one hundred sixty dollars ($228,160.00) in accordance with and as described in the Contract Documents which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 20 calendar days after the receipt of the dated notification of award and the Contract time shall commence within 10 working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 20 working days of the date on the Notice to Proceed. If said work is not completed within the time specified, the CONTRACTOR agrees to pay liquidated damages to the CITY OF AUBURN, as specified in Section 1-08.9 (Liquidated Damages) of the Standard Specifications. 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, except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN. II. The CITY OF AUBURN 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 Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to said Contract Documents and the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. III. 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 by part of the CONTRACTOR. IV. It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first hereinabove written. CITY OF AUBURN, WASHINGTON By ►, 4::.:__ X14 cy Backus, Mayor Countersigned: this 2 day of p, , 2020 APPROVED AS TO FORM: CA,n/‘e endra Comeau, City Attorney WEST COAST SIGNAL, INC 3-ByVthiM11153" ---Authod Officture CONTRACT BOND CONTRACT NO. 20-01 BOND NO. 0775626 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, West Coast Signal, Inc, 20111 208th Avenue SE, Renton, WA 98058, as principal, and Harco National Insurance Company , a corporation, organized and existing under the laws of the State of Illinois as a 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 the City of Auburn, Washington, in the penal sum of two hundred twenty-eight thousand, one hundred sixty dollars ($228,160.00), for the payment of which sum we jointly and severally 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 and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, this day of , 2020. Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 10th day of July, 2020, let to the above bounden principal a certain Contract. The said Contract being numbered 20-01, and providing for the construction of Project CP1912, 15th St Dynamic Message Sign - installation of a new Dynamic Message Sign, control cabinet and support structure and connecting the new sign and four existing traffic signals to the City's existing ITS fiber communication network (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 above bounden principal shall faithfully and truly observed 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 them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, 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 in all respects faithfully perform said Contract according to law, and shall indemnify and hold the City of ,:f Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract, PROVIDED that this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above-referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. The Surety, hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase; however, not to exceed twenty — five percent (25%) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that after the completion of this Contract and the expiration of the lien period, and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent (10%) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is greater, to warranty against defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after Contract Completion. Notwithstanding the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of one (1) year after Contract Completion, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this 24th day of Judy , 2020. e- C•-st -'•�ii I Inc. Pri .L ipal Harco National Insurance Company Surety Attorney in Fact Heather L. Allen Propel Insurance PO Box 2940 Tacoma, WA 98401-2940 (253) 759-2200 Resident Agent's Address & Phone Number • POWER OF ATTORNEY Bond# 0775626 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:702 Oberlin Road,Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark,New Jersey,do hereby constitute and appoint KYLE JOSEPH HOWAT,CHRISTOPHER KINYON,JAMIE L.MARQUES,CARLEY ESPIRITU,ALICEON A.KELTNER,ANNELIES M.RICHIE,JACOBB HADDOCK,ERICA E.MOSLEY,HEATHER L.ALLEN,DIANE M.HARDING,HOLLI ALBERS,KAREN C.SWANSON,JAMES B.BINDER,ERIC A. ZIMMERMAN,CYNTHIA L.JAY,BRENT E.HEILESEN,BRANDON K.BUSH Tacoma,WA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 �O.. D TYI,tSTATE OF NEW JERSEY STATE OF ILLINOIS +Py.--...' 49 County of Essex County of Cook �.�-0eo104i c'� 1%04,1 9 0 4.41.. 0.) / Z • '" ‘47/ SEAL $ o: ,ea � Kenneth Chapman J6'tikINO��.-- .fy1 ¢ �' Executive Vice President,Harco National Insurance Company �N * !.�� and International Fidelity Insurance Company On this 31st day of December,2018 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. `�.�. 1 E A 1...'1. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, Q� ew OGS New Jersey the day and year first above written. -rid' oTAq 4 :'. '.. 11400 I i• J./it a. •-aw.fy ..... .A .0.,40.,... : '<,..i.JEprs..�' Shirelle A.Outley a Notary Public of New Jersey My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have.compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day,/...c,....�' a ���'� A01111 ��u""e l� . . Irene Martins,Assistant Secretary•,. i'