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HomeMy WebLinkAboutCascade Fire & Safety - End User Agreement; H-GACDepartment i t• ::: the H-GAC ContiractUUlizlng the Terms • Conditions of H-GAC Master Contract (Reference F81249 dated vi 12101119) i :*11 • • i _ :..a • i• ►♦ 1 • Y_ _ i WN R i OR supersede and prevail. • • a.:: r. i NTaxr Total Administrationtruck has been added to proposal Delivery to Yakima Fire Department Factory• a • Inspection • Performance Bond Delivery• _Pumpersordered 2021 that arecurrenitly on order • Free pick-up, delivery, and msolution for all warranty issues for the first twelve (12) r - - s. ill 411111101;ItA 122D4 HGAC Exhibit i — Cascade Fire Agreement CKV of Yakima Page 1 of 11 212 rrr• �� -. _ r fir+• - i •' • - - ._ _;_ r•r :i= - t r i ` � ' a _'• -: a' �z a FI r _ _'. _r .' • i i ♦ 1 a.. i t _ - * r -- = M_ • _ ► _ waffanty period shall apply proposed. 1: or IM i f Mnsof Agreement, Other" 4 !moorlands • be made: By Contractor to: Susan • t Yakima, WA .0 SouthAnd by the City to: CASCADE FIRE & SAFETY Mark Merritt, President 123 r Street Yakima, WA •0 InsuranceSpecial r ♦ be modifiedAttachment B to •_ PerformancePerformance Bond — H-GAC Special Provisions, Article 9: • _ :r •Individual Orders, be modified r-Attachmentto th 12204 HC Exhibit i —Cascade Fire Agreement City of Yakima Page 2 of 11 KNMM�" I ALA day and year written below. u Date: 1114 1 a0a-,;1- -Date, / A3 12&9 F CITY CONTRACT NO: q RESOLUTION NO::Jff!� PL2204 HGAC Exhibit I — Cascade Fire Agreement City of Yakima Page 3 of 11 Cascade Fire Proposal ^© : y . 05 a «» 2z\ «�:v ft"', FIRE & SAFETY Deownbar On. =I Re., Add on Pro Thick purchm 1= 6=11, 11 1 UU, �10&s 050"SM27 I-MD-ffl2-3MIFSO-457-2MI123S"FmmpjMy*.bMWASS901 ANSMIM 12244P HGAC Exhibit I —Cascade Fire Agreement City of Yakima Page 4 of 11 F i ffft«.« 2»2 , PGff0Mmr4* 19cmd ! DGIWq wfth ft 2 A ordw 'Free pM up, . y 2 f Inr ^ ` WWW IljlllIijIIjqI�qllIjI ipplill lill IIIIIII� 1 1111111 Fill 11111111111111111111111 lipliIIIIIIIII11pilill IIII III I llilqllll�iliiil� On behfilf of the Team at CaIRre and 4sonsty, ym ftnk you fbr this appoftnity to kmm y dolmrs owtex \nw " ? 72� \ t� R |! :F WOMM 1123 SoMhr ! V@NM wA MOIAMMMVM 122D4 HGAC Exhibitl-Cascade F�e AgreementGy@»mm Page sof11 FPO a SAWFM6� u fw thisi knolldollem 1td I F- 50-457-2M 1123 &A Rot StrM,V t e 12204 HGAC Exhibit I —Cascade Fire Agreement Cltv of Yakima Page 6 of 11 c. • 1.11abillIty (Stop Gap) Contractor and all suboontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full exten'., applicable, and shall maintain Employers Liability insuranoe with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims flied by Contractor or its employees for servioes performed under the terms of this Contract, Contractor agrees to assume full liability for all claims arising from thL9 Contract including claims resulting from negligent acts of all suboDritractor(s), Contractor Is mspPnsitge to ensure subcordtacto" have fturanca as needed, Nflure of subcontractor�s) to comply with Insurance requirementsiloes hot limit ControotO6 liability or;**Slbillty. excess of the Contractors insurance and shall not contribute to it 6" =MM"p-DUMM required insurance may be sufficlent cause for the City to terminate the Contract. 01 55W-Ir- 7511 122,14 HGAC Exhibit 1 — Cascade Fire AVreement City of Yakima Page 8 of 1 .1 Performance Bond i _ i; ,i 1 f 1 t - ► ;1 1;` i'i'+ 1 Y ti;: i; i # # i :. i ` # , , � & r y e a i i # ..... , t # : # i•: � � i «.. i FEExhibit 1 1.161011 IN kill] LVA IM 1. General. Under this Bond, ♦the Contractor as Nndpal and Trawlers Casuality and Surety owmm—, 'Its surety ("Surety'), are bound to City as obligee for an amount not less than $841,341.65 (00 �Bond SWO. O� 0*4ting this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. It is the condition of this Bond that if the Contractor performs its Contract obligations (the "Work"), the Surety's obligations under this Bond are null and void upon the ex i It 2. Suretys Obligations. If the Contractor is in default pursuant to the Contract and the City has declared the Contractor in default, the Surety promptly may remedy the default or shall: a. Complete the Work, with the consent of the City, through the Contractor or otherwise; b. Arrange for !he completion of the Work by a Contractor acceptable to the City and secured by pefformance and payment bonds eq uivalent to those for the Contract issued by a qualified surety. The Surety 6all jjgke qv2il2ile 2s tXe W*#, �rq.-,isses 2&!fflcieAt f%!;,.,fs ft, **&e 00 if ofoVk6w Pie Wirk 165s tha Contract Balance up to the Bond Sum; or c. Waive its right to Complete the Work and reimburse the City the amount of its reasonable costs, not to ,exceed the Bond, to complete the Work less the Contract Balance, 3. Surety Default. "Wely default, including, but not limited to, legal costs. 4. Law and Von ue. This Bond will be governed by Washington law� and any dispute under this Bond shall be venued in the YAll provisions of this Bond, 5. Effective Date; Execution. This Bond is entered into and effective on Janurav 11 2022. * Company of America 12204 HGAC Exhibit 1—Cascade Fire Agreement City of Yakima Page 10 of 11 TRAVELERS CASUALTY AND —11 kwd otary Seal f Power of Attorney) 4 12204 HGAC Exhibit 1—Cascade Fire Agreement City of Yakima Page 11 of 11 Travelers Casualty and Surety Company mf America Ilk Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company WWAMWAkEW POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company ofAmerica, Travelers Casualty and Surety Company, St. Paul Fine and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State n[Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint VorahOeYownq of Milwaukee . VN . their true and lawful Attorney(s)-i n- Fact to sign, execute, seal and acknowledge the following bond: Surety Bond No.: 107533267 Principal: Cascade Fire &Safety OR Obligee: City of Yakima Fire Department Project Description: Supply One (1) KME Custom Predator Pumper IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. Ve %L�,,'...c 0 State of Connecticut City oyHartford uo. Raney, Senior Vice President onthis the J1wtday n[April, 2n21.before mepersonally appeared Robert L.Raney, who acknowledged himself mhnthe Senior Vice President nfeach of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf oysaid Companies uyhimself auoduly authorized officer. !NWITNESS WHEREOF, | hereunto set myhand and official seal. MyCommission expires the 3utMday ofJune, 3n26 Anna P. Novvik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now infull force and effect, reading asfollows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary u,any Assistant Secretary may appoint Attomeyn'in'Femand Agents toact for and onbehalf oythe Company and may give such appointee such authority emhis orher certificate ofauthority may prescribe msign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him n,her; and itis FURTHER RESOLVED. that the Ohoinnon. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President orany Vice President may delegate all orany part o,the foregoing authority to one or more officers or employees of this Company, provided that each such delegation iainwriting and acopy thereof imfiled inthe office nfthe Secretary; and |t|u FURTHER RESOLVED, that any bond, recognizance, contract ofindemnity, orwriUngob|igamryinmenouureufobonu.recognizonnm.nronnditiono| undertaking shall be valid and binding upon the Company when (a) signed by the Presiuent, any Vice Chairman, any Executive Vice President, any Senior Vice President o,any Vice President, any Second Vice Pn:u|dont, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Aaninoom Secretary and duly attested and ooa|od with the Company's seal by Secretary or Assistant Secretary; o,(b) duly executed (under seal, if required) byone o,more Attomeyo'in'Femand Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one o,more Company officers pursuant toawritten delegation ofauthority; and itis FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, anySenior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate m|a8no thereto appointing Resident Vice P,asidents, Resident Assistant Secretaries u,/ttomovo'in'Foct for purposes only ofexecuting and attesting bonds and undertakings d other writings obligatory inthe nature thereof, and any such Power ufAttorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified uysuch facsimile signature and facsimile seal shall uevalid and binding on the Company inthe future with respect to any bond or understanding to which itinattached. |.Kevin E.Hughes, the undersigned, Assistant Secretary of each of the Companies, dohereby certify that the above and foregoing isatrue and correct copy ofthe Power o[Attorney executed uwsaid Companies, which remains infull force and effect. Dated this 12th day of January 12022 (�IIA0 0j) KF D, Kq"MRD, 0 Kevin E. Hugffes, Assistant Secretary nmverify the authenticity nrthis Power mrxffomey, please call vsat 1-800-*1-3880. Please refer uvthe above -named u and the details orthe bond mwhich this Power orAttom*y is attached.