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Home My WebLink AboutCP1812 Contract Sewer Pump Station Electrical Improvements CONTRACT Contract No. 20-18 THIS AGREEMENT AND CONTRACT, made and entered into, in duplicate, at Auburn,Washington, this 17th day of July , 2020, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and SOURCE ELECTRIC, LLC, hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled "CP1812, SEWER PUMP STATION ELECTRICAL IMPROVEMENTS," 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 CP1812, SEWER PUMP STATION ELECTRICAL IMPROVEMENTS — updating the electrical system at each sewer pump station so that it complies with current code and safety standards, standardizing electrical systems across all of the stations, and configuring systems to increase the ease and efficiency of maintenance and repair for a unit bid price of $685,450.00 (six hundred eighty-five thousand, four hundred and fifty dollars and zero cents) and Washington State Sales Tax of $68,352.20 (sixty-eight thousand, three hundred fifty-two dollars and twenty cents) for a total contract value of $753,802.20 (seven hundred fifty-three thousand, eight hundred and two dollars and twenty cents) 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 300 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 k .... . .. '- _,-- N.Aackus, Mayor Countersigned: this 'LO day of l'14,1AA c , 20 APP' • , D , : e Ken:41151u, City Attorney CONTRACTOR By t l �` ,��JL11 C�. 't Authorized Official Signature CONTRACT BOND CONTRACT NO. 20-18 BOND NO. 2280316 BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Source Electric, LLC, as principal, and North American Specialty Insurance Company , a corporation, organized and existing under the laws of the State of New Hampshire 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 Seven Hundred Fifty Three Thousand Eight Hundred Two&20/100($753,802.20) dollars, 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 17th day of July , 20 20 Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the 17th day of July 2020, let to the above bounden principal a certain Contract. The said Contract being numbered 20-18, and providing for the construction of Project CP1812, SEWER PUMP STATION ELECTRICAL IMPROVEMENTS - updating the electrical system at each sewer pump station so that it complies with current code and safety standards, standardizing electrical systems across all of the stations, and configuring systems to increase the ease and efficiency of maintenance and repair (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 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 27th day of July , 20 20 Source Electric, LLC Principal North American Specialty Insurance Company Surety By _ �-e C.,d' Attorney in Fact Joanne Reinkensmeyer,Attorney-in-Fact Hentschell&Associates, Inc. 1436 S. Union Ave., Tacoma,WA 98405(253)272-1151 Resident Agent's Address&Phone Number 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." Tzt4Y'••••• � ION,1( Oifj7G i ��. �y s >�•.. By �,"oRPifiT7 0, SEAL In_= Steven P.Anderson,Senior Vice President of Washington International Insurance Company z2' SEAL Stn%S. 1973 -m= &Senior Vice President of North American Specialty Insurance CompanyNwaltin e fbpp "Mom iiit0 B P4/ ... Michael A.Ito,Senior Vice President of as International Insurance Company &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 ,20,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 sworn,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 N.KENNY I Notary Public-State of Iiliuoic I ' My Commission Exl>;rex I M.Kenny,Notary Public 12/0412021 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 27th day of July ,20 20 V/2„ - / Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company ,- CITY OF *,.. „av * Escrow Agreement b ® .�.. For * � �, �.t�. Retainage Declined WASHINGTON Source Electric, LLC, 7045 Banner Road SE, Port Orchard, WA 98367 (CONTRACTOR) acknowledges that they have been offered the option of setting up an escrow agreement for their retainage on Contract No. 20-18, Project No. CP1812, Sewer Pump Station Electrical Improvements. The CONTRACTOR declines to set up an escrow agreement and understands that the City will hold the 5% retainage with no interest until the project is complete, accepted by the City, and all releases and liens have been satisfied. now ( C)4 ,,,,(--- Authorized Signature Karrie Stewart Print or Type Name Member Title 08/04/2020 Date File: 13.11 (CP1812) AUBURN * MORE THAN YOU IMAGINED ENG-095, Revised 8/18