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HomeMy WebLinkAboutC&E Trenching, LLC - 17011 - PWRF Drying Bed Contract No. CP9-SR-2A-17-02STATE OF WASHINGTON COUNTY OF FRANKLIN CONTRACT 17011-PWRF DRYING BED CONTRACT NO. CP9-SR-2A-17-02 55 This agreement and contract made and entered into in triplicate this ·71-"\ day of ~......,b V'-. , 2019, by and between the City of Pasco a municipal corporation, hereinafter called the City and C&E Trenchin g. LLC. hereinafter called the Contractor. WITNESS ETH: That whereas, the City has caused to be prepared certain plans and specificatiqns for improvements in and for the City of Pasco and the Contractor did on the ') f'. dday of C2c-kb~ . 2019 file with the Office of the City Clerk of the City of Pasco, Washington, a Proposal to furnish all equipment, labor, materials and appurtenances and to pay for the same, and agreed to accept for and in full consideration of the sums fully stated and set forth in said Proposal as full compensation for the completed work. WHEREAS, the said plans, specifications and proposal fully and accurately described the terms and conditions upon which the contractor proposes to furnish said equipment, labor, tools, materials and appurtenances and perform work, together with the manner and time of furnishing the same. It is th~refore agreed, first that a _copy, of said specifications, plans and proposal, filed as aforesaid on the ~ day of O=h>i>v---, 2019 be attached hereto and the same are hereby made the items and conditions of this agreement by and between the City and Contractor in all matters and things therein set forth and described; and further that the City and the Contractor accept and agree to the terms and conditions of said plans, specifications and proposal as filed as completely as if said terms and conditions and plans are herein set out in full. In witness whereof the parties hereto have caused this agr~ement to be executed the day and year herein above written this P"'day of /\[~""1De.J'-, 2019. I CITY OF PASCO Debra C Barham, City Clerk Approved as to form: C0-1 3oJ5 PERFORMANCE BOND BOND TO THE CITY OF PASCO KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, C & E Trenching, LLC Bond No. 6D762477 as principal, and Nationwide Mutual Insurance Company a corporation organized and existing under the laws of the State of Washington, 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 Pasco in the penal sum of $277,076.16* for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. *Two Hundred Seventy Seven Thousand Seventy Six and 16/100 Dollars This obligation is entered into a pursuance of the statutes of the State of Washington, and ordinances of the City of Pasco. Dated at 1 oi ~ lO • Washington, this t 'jt"\ day of U c.+~6 Q..l'-2019. Nevertheless, the conditions of the above obligation are such that: WHEREAS, pursuant to action taken by the City Council of the City on _____ _, 2019, the Mayor and City Clerk of the City of Pasco have let or are about to let to the said C & E Trenching, LLC the above bounden principal, a certain contract, the same contract being numbered CP9-SR-2A-17-02 and providing for 17011 -PWRF DRYING BEDS (which contract is referred to herein and is made a part hereof as though attached hereto.) WHEREAS, the said principal has accepted, or is about to accept the said contract, and undertake to perform the work wherein provided for in the manner and within the time set forth. NOW, THEREFORE, if the said C & E Trenchin g, LLC 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 the time as may be granted under the 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 indemnify and hold said City of Pasco 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 the City of Pasco harmless from any damage or expense by reason or 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 after its acceptance thereof by the City of Pasco, then and in that event this obligations shall be void; but otherwise it shall be and remain in full force a effect. PB-1 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwde Mutual rnsurance Company, an Ohio cOf'poration AMCO Insurance Company, an Iowa corporation Allied Property and Casualty rosurance Company, an Iowa corporation hereinafter referred to severaHy as the ·company' and collectively as 'the Companies" does hereby make, constitute and appoint CHARLES E. HUDON JACQUELINE F. HERNANDEZ KIRSTEN JORDAN KIMBERLEY A. FALL JODI CLAYTON PASCO WA each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf arr; and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND N0/100 DOLLARS S 5,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such irn1truments were signed by the duly authorized officers of the Company; and an acts of said Attorney pursuant to the authority given ere hereby r11tified and confirmed . This power of attorney is made and executed pursuant to and by authority o1 the foHowng 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 execule and deliver on behalf of the Company arr; and all bonds, forms, applications, memorandums. undertakings. recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the frdelity of pers.ons holding positions of public or private trust, and other writingti 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; pro\lided, however. that the authotity 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 lhe Company." "RESOLVED FURTHER. tnat such attorneys-in-fact shall have full power and authority lo execute and deltver any and all such documents and to bind the Company subject to the terms end timitalions 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 tne board of directors of !he Company. Execµtjon or Instruments. Ally 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 arr; of them may be printed, engraved, or stamped on any approved docunent. contract. instrument. or other papers of the Company . IN WITNESS WHEREOF, the Company has caused this instrument o sealed and duly attested by the signature of its officer the ~day of February. 2019 . ~~tit. Antonio . Albanese. Vice President of Nationwide Mutual lnslX8nce Company, AMCO Insurance Company. Allied Property and Casualty Insurance Company ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this ~day of February. 2019. before me came the above-named officer for the Company aforesaid. to me per&Ol'l31fy known to be the officer described in and who executed the preceding Instrument and he acknowledged the eX'ecution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid , lhsl the seal affixed hereto li; the corporate see! of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of uid Company. !walWtf C. Dftlia ttoury JlvMk, Stace d New 'Ytwk No.020£fU6M9 Qualffled iA Watdtuter COUflt>, COITWl"iffiOl'I €,ipltw.$.tpt:ember J6, 2021 CERTIFICATE -.,.,..- M,.~.o,1!xJ;lirts --lt.20l1 I. Laura B . Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a tun, true and correct copy of the ol'lgillal 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 or directors and the same has not been revoked or amended In any manner; that said Antonio C. Albanese was on the date of the execuflOn of the foregoing power of attorney the duly elected officer of the Company , and the corporate seal and his signature as officer were duly affoced and subscribed to the uid Instrument by the authority of said board or directors; and the foregoing power of attorney is stiff in full force and effect. IN Vv'.fTNESS WHEREOF. 1 have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this f k'11-day of ovtJ bu ,i;, '\ 6'\euuo.. 8-&ry.-. Assistant Secretary BDJ 1 (02-19)00 23809 ~ C&ETREN-01 GHAYES ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 10/18/2019 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 pollcy(ies) must have ADDITIONAL INSURED provisions or 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 S~ti}~CT Cheryl Moore Richland Office PHONE I FAX Pa~neWest Insurance, Inc. tA/C , No, Ext): (A/C, No): 39 Brad Ii Blvd. ' ~;ref'~""= cmoore@paynewest.com Richland, A 99352 INSURER{S) AFFORDING COVERAGE I NAIC# INSURER A: Western National Mutual Insurance Co 15377 INSURED INSURERS : C & E Trenching, LLC INSURERC : PO Box 3788 INSURER D: Pasco, WA 99302 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· 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 TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF 1~2LICY EXP LIMITS LTR 11,.1-e n wvn I MM lflD/YYYYl A X COMMERCIAL GENERAL LIAIBILITY EACH OCCURRENCE $ 1,000,000 -==i CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 100,000 X CPP111675804 5/20/2019 5/2012020 $ -poc••1c-cc-fJ:a nrn rr r ,;i:nni=i , MED EXP I An v one oe rson ) $ -5,000 x Blnkt Addi Insured PERSONAL & ADV INJURY $ 1,000,000 -2,000,000 ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s POLICY [K] ~f8i • LOG PRODUCTS -COMP/OP AGG s 2,000,000 OTHER: WA STOPGAP $ 1,000,000 A AUTOMOBILE LIABILITY 5/20,2019 I 5120,2020 ~~MBl~~~./>INGLE LIMIT s 1,000,000 - X ANY AUTO CPP111389204 BODILY INJU RY !Per oe rson ) s >---OWNED ~ SCHEDULED -AUTOS ONLY t-AUTOS BODILY INJURY !Per accident) S X HIRED X ~8+'t,iii1~ lpf},?~fc~di;:;t~AMAGE $ -AUTOS ONLY t- s A X UMBRELLA LIAS M OCCUR EACH OCCURRENCE s 5,000,000 -UMB101904804 512012019 5/20/2020 5,000 ,000 EXCESS LIAS CLAIMS-MADE AGGREGATE Si OED I X I RETENTION$ 10,000 s WORKERS COMPENSATION I ~f~IJTF I I OTH- AND EMPLOYERS' LIABILITY Y/N _(;<> ANY PROPRIETOR/PARTNER/EXECUTIVE • N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE S Ir yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S A RentfLease Equipment CPP111675904 512012019 5/20/2020 Pol Limit I 450,000 A Installation Floater CPP111675904 512012019 5120/2020 Pol Limit 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addition al Remarks Schedule, may be attached If more space Is required) RE: 17011 -PWRF Drying Beds City of Pasco and others as required by written contract are included as Additional Insureds per forms WNGL49 & WNGL50 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pasco THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Works-Engineering P.O. Box293 Pasco, WA 99301 AUTHORIZED REPRESENTATIVE q~~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POl.lCV N UMB ER: CPP111675804 COMMERCIAL GENERAL UABUTV WN GL SO D7. 15 THIS ENDORSEMENT CHANGES THE PQLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Name or AddlllDnll Insured Person<•> ~ Md Oeserlption OfCompletN Ope,dons ·Or : PER WRlTllN CONTRACT OR AGRl:E-Pa WRmEN CONTRACT Ofl MENT WHERE YOU AGREED T() NAME AGAffMENT WHERE YOU AGREED TO A PARTY OR PARTIES AS NAME A PARTY OR PARTIES AS ADDITIONAL INSUREt>fS» ADDITIOHAL. INSUIIEDCSI lnb:n:lltion maundlo ; this -• · ·e. I not.shown.._ wtl be shown In the DedaraltDM. A. 5edkm b -Who Is An fMurlld Is ~ to irdlde • an~ ilsued the person(s) or organlzalion(s) nwn in the Schedule. but en, Wfltl l'i!$pef:t to~ far "bodiy ililJIY" ar "pap- ~ d......-caused, in whale « in part. by "yoAlf work" It lhe locadon clesigNlad and de- sat,ed In the sc:hedlle d 1h11 endowsewnent per- forfflee;f for --~ insured and nd&,lded tn the~~nshazanr. HoweYer: 1. The-.hiurance dordtd so such addilioNil in- sured only~ lo the ... permllled by law;and z. If~ pr.ovided to 1he .addlfohat i1sured is required by a arirKt • agreement. the msc.nnce .affDfdld to sudi.addi110rlal insured INff nat be broader 1hir'I lhat whld, you are R(IUhd by 1he. connct or ag,eemn IO pro- vide far such additional Insured. B. Wlh respect to 1he fflll'anee afforded lo these -ad- clllonal Insureds, the tolowing ~ exctus;on lj:)lllles; This Insurance doe$ flCII IPPfl,11>; 1, "8odly • .,.. «praperty danage" « 'personal and~ ~ ariSing add the IWldll'· ·Ing of, er._ fain to l'Mder. arr, prdenlanli ~l engineering or~ tefVlces, incu:t;,g; a. The preparng. aA)I~. or ·failng to ,-. .,_. or appRMt, maps, shap diawlngs. opinions, .... SCMyl, 1111d orders, dli,ve ordeG or sawtnQs and .....,,.-. lions:or b. Supervisay, ~. atthltecttnl or en- ~ IICM!es. ha• 1 of2 1liS exd!SQI ~ even f fie dllms apnlt M addlJGnll NiMed allege ~ or alher wronc,dos1g In 1hl a.-~1. lti'IJI. ~ training Qr fflGllillltrlg Of olhers byhillnslftd.f1he~e"WiHth caused the ~ ~ or~ darn- •·• «lhe ofJense v.flidl tausedlle ~ ., and aMf1lling ililq'. lrMllved tie rendit· Ing of or faluM tD render any profasllclnll services by yau with respect iD yow pnwldq ~.~ormwytrvtaV>- lces In~ capad\y as ~ esagiw. att.'lllct CII' Slln/e)'Or. c. Wilh raped co the nurance afforded 1o lhese ad- dlional ......,.., flefoflc,whg .. added lo 'Sec:lton II -L.1111111 Of lnllillillllH : If c;oyerage provided lo 1he ldcllfoAal hued Is re- qulfad ~ • camracl « 1g1M1nen1. the MOst we wa· pay l)ft bet1lf ciflhe addldonll insured 1s: 1. The mhnun amcurt ,..._ by lbe COlilraCt or~or 2. The linls ·d lnM'anCa shown In lhe Dedara- 1lons; wlichlrverisless. This endot'Hmenl ~ mi h:rwe 1he appllcat,le Limbot~shownlnlheDedarlliDnS. o. The Mownu is added 10 ,_ other' nunna COndlllDn Ind llc,e,,eda lff/ provt,ion 1D the c:onn,y: ,,_,,And~ 1111urance 1hls nwanca 1s ~ to _, w11 not Nik CGllr.bJIIOn t-clm at,' cillS lnSumnte avallble lo an addlianll lhsunld ~ 1Plf poflty pro. wtdldNt n, ~. lddla• inscnd • • NaM.d lnS&nd .. sucholflef murance;and C2) You t.-e ..,_. a _._ tn • canbd ar agtBllffllWII that this ~ Ml'M be ~ lftllY and wcud not ... ~ fNlm aw ~ lnslnnc:e aveiable lO .. adcaiDli-al .ilslftd. WN Gl &D 07 1 & ~ oopyrigh1ed mmri11 of llnMn-SeMcaa Olfllla, IN •• with Ila pefllllalan. Page 2 of 2 "' "' ~ IX) COMMERCIAL GENERAL LIABILITY WN GL490715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to in- clude as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. However: 1. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these ad- ditional insureds, the following additional exclusion applies: This insurance does not apply to: 1. "Bodily injury", Hproperty damage" or "personal and advertising injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving. or failing to pre- pare or approve, maps, shop drawings. opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment. training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property dam- age", or the offense which caused the "person- al and advertising injury", involved the render- ing of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying serv- ices in your capacity as an engineer, architect or surveyor. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, lnc., with its permission. Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than serv- ice. maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered op- erations has been completed; or b. That portion of ''your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing oper- ations for a principal as a part of the same project. c. With respect to the insurance afforded to these ad- ditional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . D. The following is added to the Other Insurance Condition and supersedes any provision to the contrary : Primary And Noncontributo.ry Insurance This insurance is primary to and will not seek any contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance: and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2