Dale County Commission Commission Meeting Minutes. - December 11, 2018  The Dale County Commission convened in a regular session Tuesday, December 11, 2018. The following members were present: Chairman Mark Blankenship; District One Commissioner Chris Carroll; District Two Commissioner Steve McKinnon; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Chairman Blankenship called the meeting to order at 10:15am. Commissioner McKinnon opened with the Pledge of Allegiance. Commissioner Carroll followed with  prayer.  APPROVED = AGENDA  Commissioner Gary made a motion to approve the agenda with the removal of the work  request from the Board of Education.  Commissioner Wilson seconded the motion, all voted aye. Motion carried.  APPROVED - MEMORANDUM OF WARRANTS  Commissioner McKinnon made a motion to approve the following Memorandum of  Warrants:  Accounts Payable Check Numbers 82082-82186. Payroll Check Numbers: 154520-154525. Direct Deposit Check Numbers: 29325-29464.  Commissioner Carroll seconded the motion, all voted aye. Motion carried.  APPROVED - NOVEMBER 27,2018 MINUTES  Commissioner Wilson made a motion to approve the Minutes of the Commission Commissioner Gary seconded the motion, all voted aye. Motion carried  Meeting on November 27, 2018.    Dale County Commission  Commission Meeting Minutes - December 11,2018  Page2of2  APPROVED - COUNTY RD 16 CONTRACT  Commissioner McKinnon made a motion to approve authorize the Chairman to sign the contract with Wiregrass Construction Co., Inc. for the patch, level resurface stripe and Commissioner Carroll seconded the motion, all voted aye. Motion carried.  widening on CR-16. See Exhibit 1.  APPROVED = MORGUE CONSTRUCTION  Commissioner McKinnon made a motion to approve up to $4,500.00 spent from the Commissioner Carroll seconded the motion, all voted aye. Motion carried.  Capital Expenditure Fund-116 for construction of a morgue.  APPROVED - WORK REQUEST - TOWN OF NEWTON  Commissioner Gary made a motion to approve work for the Town of Newton at 100% reimbursement. Town council must approve and letter received by County. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  See Exhibit 2.  ANNOUNCEMENT = NEXT REGULAR MEETING  Chairman Blankenship announced that the next regular meeting of the Dale County  Commission will be Tuesday, January 8, 2019 at 10:00 a.m.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Gary made a motion to adjourn the meeting. Commissioner Wilson  seconded the motion. All voted aye. Motion carried.  It is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  hin  Mark Blankenship, Commission Chairman    Exhibit 1  CONTRACT Project No. ST-023-888-000  THIS AGREEMENT made and entered into this  of  Howy bpenkes  (Day)  (Month) by and between the  Two Thousand Dale County and  written in words)  Commission,  eiley  party of the first part (hereinafter called the Owner)  Wiregrass Construction Company, Inc.  of party  R6-Boy 3,ArtaT  (Mailing Address)  of the second part (hereinafter called the Contractor), WITNESSETH:  WHEREAS, the Owner desires the construction of PATCH, LEVEL RESURFACE, STRIPE AMD WIDENING ON CR-16 FROM CR-61 TO GOLDBERG STAGE FIELD, (hereinafter called the Project), and the Contractor desires to furnish and deliver all the material and to do and perform all the work and labor for the said Project; NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the sum of one dollar ($1.00) by each of the parties to the other in hand paid, the receipt whereof is hereby acknowledged, the parties hereto agree as 1. The Contractor promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the construction of the Project in the Dale County, Alabama, known as Project Number ST-023-888-008, in strict and entire conformity with the provisions of the Contract, and the Notice to Contractors and the Proposal, and the Plans and Specifications (including Special Provisions) prepared by (or for) the Owner, the originals of which are on file with the Owner, and which said Plans and Specifications and the Notice to Contractors and the Proposal are hereby made a part of this Agreement as fully and to the same effect as if the same had been set forth at 2. The Owner agrees and promises to pay to the Contractor for said Work, when completed in accordance with the Provisions of this Contract, the price as set forth in the said Proposal, amounting approximately to Five Hundred Twenty-Seven Thousand payments to be made as provided in said Specifications upon presentation of the proper certificates of the Owner and upon the terms set forth in the said Specifications 3. The said work shall be done in accordance with the laws of the State of Alabama under the direct supervision, and to the entire satisfaction of the Owner, subject at all times to the inspection and approval of the United States Secretary of Transportation, or his agents, and in accordance with the rules and regulations made pursuant to the Federal Highway Act and Acts of the Federal Congress, amendatory 4. The decision of the Owner upon any question connected with the execution of this Agreement or any failure or delay in the prosecution of the Work by the said  follows:  length in the body of this Agreement.  Three Hundred and Four and 45/100 dollars ($ 527,304.45)  and pursuant to the terms of this Contract.  and/or supplementary thereto.  Contractor shall be final and conclusive.    Exhibitl 1  5. The Contractor agrees to abide by ALDOT's "Principles of Business IN WITNESS WHEREOF, THE DALE COUNTY COMMISSION has caused these  Conduct".  presents to be executed by its CHAIRMAN and Wiregrass Conatructinn Company, Ine hand and seal this the day and year above written.  (Name of  the Contractor, has hereto set his  Contractor)  ATTEST:  DALE COUNTY COMMISSION,  By 1My  Dale  as Chairman  L6  Wiregrass Consiruction Company, Inc. (Individual, Partnership, Corporation, or. Joint Venture)  NAME OF CONTRACTOR:  ALABAMA CONTRACTORS LICENSE NUMBER: 5957  By: (X).  6o  Contractor'ss Signature S8  mfu  Witness Adnenne Slavins (Print Name) Conhract Adnun Title Witness (Print Name) Title Witness (Print Name) Title  JeffHowell  (Print Name) Asst Secretary  Title  By: (X).  (X).  Contractor's Signature (Print Name) Titie  By: (X).  (X).  Contractor's Signature (Print Name) Title    Exhibit 1  BOND  FOR PERFORMANCE OF THE WORK  STATE OF ALABAMA, DALE COUNTY.  Wiregrass Construction Company, Inc.  KNOW ALL MEN BY THESE PRESENTS: That  as Principal, and, as Surety, Dollars  Western Surety Company and Liberty Mutual Insurance Company Five Hundred Twenty-Seven Thousand Three Hundred Four and 45/100 our heirs, executors, administrators, successors and assigns.  are held and firmly bound unto the DALE COUNTY COMMISSION, as Obligee, in the penal sum of  ($_ 527,304.45  for the payment of which well and truly to be made, we hereby bind ourselves,  PROVIDED, HOWEVER, that the condition of this obligation is such that whereas the above bound Principal has this day entered into a Contract with the said Obligee, for the construction of PATCH, G-TREATMENT, LEVEL, RESURFACE, STRIPE AND WIDENING ON CR-16 FROM CR-61 TO GOLDBERG STAGE FIELD in DALE County, Alabama, to-wit: known as Project No. ST-023- NOW, THEREFORE, In the event the said Principal as such Contractor shall faithfully and promptly perform said Contract and all the conditions and requirements thereof, then this obligation shall be null and void and of no effect, otherwise to remain and be in full force and PROVIDED, further, that upon the failure, in any. respect, of the said Principal to promptly and efficiently prosecute said work in accordance with the Contract, the above bound Surety shall, at its own expense, take charge of said work and complete the Contract, pursuant to the terms of the Contract, receiving, however, any balance of the funds in the hands of said Obligee due under said Contract. Said Surety may, ifit sO elects, by written direction given to the Obligee authorize the Obligee to advertise for bids to complete the said Contract at the expense of said Surety, and such Surety hereby agrees and binds itself to pay the expense of the completion of such work, less any funds in the hands of the Obligee remaining, under said Contract, to be due In the event said Principal shall fail or delay the prosecution and completion of said work and said Surety shall also fail to act promptly as hereinbelore provided, then said Obligee may cause ten days notice of such failure to be given, either to said Principal or Surety, and at the expiration of said ten days, if said Principal or Surety do not proceed promptly to execute said contract, the Obligee shall have the authority to cause said work to be done, and when the same is completed and the cost thereof estimated, the said Principal and Surety shall and hereby agree top pay any excess in the cost of said work above the agreed price to be paid under said Contract.  888-008, a copy of which said Contract is hereto attached.  effect.  to said Principal.  Page 1of2    Exhibit 1  Page 2 of2  PERFORMANCE BOND PROJECT NO.: ST-023-888-008  Upon the completion of said Contract pursuant to its terms, if any funds remain due on said The said Principal and Surety further agree as part of this obligation to pay all such damages of any kind to person or property that may result from a failure in any respect to perform The decision of said Obligee's designated representative upon any question connected with the execution of said Contract, or any failure or delay in the prosecution of the work by said The Proposal, Specifications and the Contract hereinbefore referred to, and the Bond for the Payment of Labor, Materials, Feed-stufls or Supplies executed under the provisions of Section 39- 1-1, Code of Alabama 1975, as amended, are made a part of this obligation, and this instrument  Contract, the same shall be paid to said Principal or Surety.  and complete said Contract.  Principal or Surety, shall be final and conclusive.  is to be construed in connection therewith.  IN WITNESS WHEREOF, we have hereunto set our hands and seals, this the.  day  of  20_  pursuant to the authority of the governing body of each of our  respective parties.  NAME OF CONTRACTOR: Wiregrass Construction Company, Inc.  (Individual, Partneahip,Corporgtion, or Joint_Venture)  By: (X). S8  Cohtractor's Title/Address Contractor's Signature Title/Address Contractor's Signature Title/Address  mor Con'aa Admin Title (X). Witness Title (X). Witness Title  Signature  Jeff Howell Asst Secretary  By: (X).  By: (X).  Western Surety Company and Liberty Mutual Insurance Company NOTICE TO INSURANCE PRODUCER:  NAME. OF SURETY Rmuoh ATTORNEY-IN-FACT  Please print or write legibly your name and complete address below including PRODUCER'S COMPANY Renee Ellis, License 041779 Turner Insurance & Bonding Company  BY: Renee Ellis  Countersigned by Alabama Licensed insurance Producer for Surety, if applicable:  No.  Renee Ellis Address  041779  2601 Producer's Bell Road, Name Montgomery, Alabama 36117 License No. 2601 Bell Road, Montgomery, Alabama 36117  PRODUCER'S COMPANY    Exhibit 1  BOND FOR PAYMENT OF  LABOR, MATERIALS, FEED-STUFFS OR SUPPLIES  STATE OF ALABAMA, DALE COUNTY.  KNOW ALL MEN BY THESE PRESENTS: That Wiregrass Construction Company, Inc.  as Principal, and, as Surety, Dollars  Western Surety Company and Liberty Mutual Insurance Company Five Hundred Twenty-Seven Thousand' Three Hundred Four and 45/100 our heirs, executors, administrators, successors and assigns.  are held and firmly bound unto the DALE COUNTY COMMISSION, as Obligee, in the penal sum of  ($-527,304.45  for the payment of which well and truly to be made, we hereby bind ourselves,  PROVIDED, HOWEVER, that the condition of this obligation is such that whereas the above bound Principal has this day entered into a Contract with the said Obligee, for the construction of PATCH, G-TREATMENT, LEVEL, RESURFACE, STRIPE AND WIDENING ON CR-16 FROM CR-61 TO GOLDBERG STAGE FIELD in DALE County, Alabama, to-wit: known as Project No. ST-023- NOW, THEREFORE, In the event the said Principal as such Contractor shall promptly make payment to all persons supplying him with labor, material, feecl-stuffs, or supplies for or in the prosecution of the work provided for in said Contract, then this obligation shall be null and void PROVIDED, further, in the event that the said Principal as such Contractor shall fail to make prompt payment to all persons supplying him with labor, material, feed-stuffs, or supplies for or in the prosecution of the work provided for in such Contract, the above bound Surety shall be liable for the payment of such labor, material, feed-stuffs, or supplies and for the payment of reasonable attorney's fees incurred by. successful claimants or plaintiffs in suits on said bond as PROVIDED, further, that said Contractor and Surety hereby agree and bind themselves to the mode of service described in Section 39-1-1, Code of Alabama 1975, as amended, and consent that such service shall be the same as personal service on said Contractor or Surety. Upon the completion of said Contract pursuant toi its terms, if any funds remain due on said  888-008, a copy of which said Contract is hereto attached.  and of no effect, otherwise to remain and bei in full force and effect.  provided in Section 39-1-1, Code of Alabama 1975, as amended.  Contract, the same shall be paid to said Principal or Surety.  Page 1 of2    Exhibit 1  Page 2 of2  LABOR, MATERIALS, FEED-STUFFS, & SUPPLIES BOND  PROJECT NO.: ST-023-888-008  The cecision of saicl Obligee's designated representative upon any question connected with the execution of said Contract, or any failure or celay in the prosecution of the work by said The Proposal, Specifications and the Contract hereinbelore referred to, and the Bond for the Performance of The Work executed under the provisions of Section 39-1-1, Code of Alabama 1975, as amended, are made a part of this obligation, and this instrument is to be construed in  Principal or Surety, shall be final and conclusive.  connection therewith.  IN WITNESS WHEREOF, we have hereunto set our hands and seals, this the  day  of  20_  pursuant to the authority of the governing body of each of our  respective parties.  Wiregrass Construction Company, Inc.  NAME OF CONTRACTOR: By: (X). S  (Individual, Partnership, Corporation, or Joint Venture)  h  AA Title (X). Witness Title (X). Witness Title  Contractor's Signature Title/Address Asst Secretary Contractor's Signature Title/Address Contractor's Signature Title/Address  Jeff Howell  Cotact Admin  By: (X).  By: (X).  Western Surety Company and Liberty Mutual Insurance Company  NOTICE TO INSURANCE PRODUCER: Please print or write legibly your name and complete address below including PRODUCER'S COMPANY Renee Ellis, License No. 041779 Turner insurance & Bonding Company, Inc. 2601 Bell Road, Montgomery, Alabama 36117 PRODUCER'S COMPANY  NAME SURETY Russile ATTORNEY-IN-FACT  BY: Renee Ellis  Countersigned by Alabama Licensed Insurance Producer for Surety, ifapplicable: Renee Ellis Producer's Name Address  041779 License No.  2601 Bell Road, Montgomery, Alabama 36117    Western Surety Company  Exhibit 1  POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT  Know All Men By These Presents," That WESTERN: SURETY COMPANY, aSouth Dakota corporation, isad duly organized and existing corporation having its principal officei int the City ofSioux Falls, and State ofSouth Dakota, and thati ito does by virtue ofthes signature and seall hercin affised hercby make, Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr, DavidJ Durden, Milton A  constitute and: appoint  Kopfll,Individually  of Montgomery, AL, ils truc and lawful Attorney(s)-in-Fact with full power and authority hercby conferred tos sign, scal and execute for and on its bchalf  bonds, undertakings and other obligatory instruments of similar nature  - In Unlimited Amounts-  and tob bindi it thereby as fully and tot thes same extent asi ifs such instruments were signed by a duly authorized officer oft the corporation and all the acts ofs said This Power of Attorney is made and cxecuted pursuant to: and by authority oft the By-Law printed on the reverse hercof, duly adopted, as indicated, by In Witness' Whereof, WESTERN: SURETY COMPANY has causedi these presents tot bes signed by its Vice President andi its corporate seal tol bel hereto  Attomey, pursuant tot the authority hercby given, arel hereby ratificd and confirmed.  thes sharcholders oft the corporation. affixed on this 19thc day ofJ June, 2015.  WESTERN SURETY COMPANY  E  President  ALEH  PaulT.Brufiat, Vice  State of South! Dakola County of Minnchaha 3  SS  On this 19th day ofJ June, 2015, before me personally came Paul T. Bruflat, tor mel known, who, being by me duly sworn, did depose and say: that he resides int the City ofs Sioux Falls, State ofSouth! Dakota; that! hei ist the Vice President OFWESTERN: SURETY COMPANY described int and whicho exccuted the: abovei instrument; thatl hel knowst thes seal ofs saido corporation; that thes seal affixedt tot thes saidi instrument iss such corporale seal; thati itv wass soaffixedy pursuant tor authority given by thel Boardo ofD Directors ofs saido corporation and that! hes signed his name thereto pursuant tol like: authority, and acknowledges same tot be  the: act: and deedo ofs saido corporation. My commission expires Fcbruary 12,2021  S. EICH EAL NOTARY PUBLIC SOUTH OAKOTA  S.6u  S. Eich, Notary Public  CERTIFICATE  I,L. Nelson, Assistant Secretary of WESTERN: SURETY COMPANY dol hercby cerify that thel Powerc of Attorney hereinabove set forthi iss stilli in force, and further certify that the By-Law ofthe corporation printed ont the reverse hereofis iss stilli ini force. Int testimony whercofThave hereunto subscribedi my name  and aflised thes seal oft the said corporation this  day of SEAV  2018.  WESTERN SURETY COMPANY    Sccretary  Form F4280-7-2012  Aulan    THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.  CmDut 1 Certifiçate No, 8184852  This Power ofA Attorney limits the acts oft thoser named! herein, and theyl haver no: authority tol bindt the Company excepti int the manner: andt to the extent! hereins Sidieu.  Liberty Mutuall Insurance Company POWER OF ATTORNEY  The Ohio Casualty Insurance Company  WestA American Insurance Company  KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corparation duly organized under the laws oft the State of Massachusetts. and West American insurance Company is a corporation duly organized under the laws oft the State oll Indiana (herein collectively calledl lhe" Companies"), pursuant to and by authority herein: setf forth, does hereby name, conslitule anda appoint.  David J. Durden; Renee Ellis: Thomas, J. Gentile: Milton A. Kopf: Billie Jo Sanders; Paul B. Scolt, Jr  alloft thec cityo of. Montgomery stated of AL theretot this_ 23rd day of_ August  eachi individuallyit if there ber moret than oner named, itst true andi lawful attorney-in-factt tor make, execute, seal, acknowledge  and deliver, for and oni itsb behalfa as surety and asi its act and deed, any andi all undertakings, bonds, recognizances ando other surely obligations. inp pursuance oft these presents ands shall bea ast binding upont the Companies asiftheyh havet been dulys signedt byt the; president anda altestedb byt thes secretary ofthe Companiesi int their owng properp persons. INWITNESS WHEREOF, this Power ofA Attorney.h has been subscribed by ana authorized officer or officiald oft the Companies andt the corporate seals ofu the Companies have been affixed  2018 1991  SS  The Ohio Casualty Insurance Company Liberty Mutual insurance Company West American Insurance Company By: IAMG David M. Carey. Assistant Secretary  1912  STATE OFF PENNSYLVANIA COUNTY OF! MONTGOMERY Onti this 23rd dayo of August  2018. before mep personally appeared David M. Carey, who acknowledged himselft to bet the Assistant Secretary ofL Liberty Mulual Insurance  Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes INV WITNESS WHEREOF, Ihave! hereuntos subscribed my: name and affixed my notarial seal atk Kingo of Prussia. Pennsyivania, ont thec day andy yearf first: above written.  thereino conlained bys signing ont behalfo ofl Ihe corporalions by himselfa asa ac duly authorized officer.  PAS) AAY U  COMMONWEALTHI OFF PENNSYLVANIA Notanal Soal Toresa Pastela, Notary Public Upper ManonT Twp: Montyomery County My Commussion Expres! March: 28.: 2021 Mombor Punnsyivaniak AsoceaBOnUINOLmOs  By:  rew htls Teresa Pastella, Notary Public  This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual ARTICLENV-OFFICERS- Section 12. Power afAttorney. Any officer or olher official ofti the Corporationa authorized fort thatp purposei inw writingb byt the Chairmano or the President, and subject tos such limitation ast the Chairman ort thel Presidenti may prescribe, shall appoin! such attorneys-in-lacl, as may ber necessary to acti inb behalfo oft the Corporation ton make, execute. seal, acknowledge anddeliver ass suretya any anda allt undertakings, bonds, recognizances ando other suretyo obligations. Sucha attomeys-in-lact. subject! to thel imitations self forthi inl their respective powers of attorey, shall have full power lot bindt the Corporation by their signalure and execution ofa any such instruments and to altacht theretot thes seal oft the Corporation. When so executed, suchi instruments shailbe ast binding asifs signedt byt the President anda attested tobyt the Secretary Any power ora aulhority grantedi toa any representative ora attorey-in-facti under thep provisions oft this article may ber revokeda ata anyt time by the! Board, the Chairman, the President orb byt thec officero ord officers grantings such powero ora authority. ARTICLE Xil- Execution of Contracts - SECTION5. Surety Bondsa and Undertakings. Any officer oft the Company: authonzed forl lhat purposei inv writing byt thec chairman or the president, ands subjectt to such! limitations ast the chairman ar the presidentr mayp prescribe, shaila appoints sucha attomeys-in-fact,: asr mayb ber necessary toa actinbehalfo oft the Companyt tor make, execute, seal, acknowledge ando delivera ass surety any anda allt undertakings, bonds, recognizances and other Surely obligations. Such attorneys-in-lact: subject to the limitations sel forthi int their respective powers ofa attorney, shalll havef fullp powert tob bind! the Company! byt their signature ande execution ofanys suchi nstruments and loi altach! theretot thes seal oft the Company. Whens 50 Certificale of Designation- - Thel President oft the Company, acting pursuant tot the Bylaws oft the Company. authorizes David M. Carey, Assistant Secrelaryt to appoints sucha attomeys-in- fact asr may! ber necessary toa act ont behaif oft the Company tor make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and ather surety Authorization By unanimous consent ofl the Company's Boardo of Direclors, the Company consents that facsimile or mechanically reproduced signalure ofa any assistant secretary oft the Company. wherever appearing upona a certifed, copy ofa any powerc ofa attorneyi issued byt the Company inc connectioni with surety bonds, shail bes valid and! binding upont the Company with IF Renes 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 ofa attomey of which the foregoing is a full, true and correct copy of the Power of Attorey executed by said Companies, isi in ful force and elfect and  Insurance Company, andV West Americanl Insurance Company which resolulions arer nowi int fullf force ande effect reading asf follows:  executed suchi instruments shall! bea ast bindinga asifs signedb byt thep president anda attestedb byt thes secrelary.  obligations.  thes same force ande effect ast thoughr manuallya affxed.  has notb beenr revoked.  INT TESTIMONY WHEREOF, Thave hereuntos selr my! handa anda affixed thes seais ofs said Companies this  dayof.  1912.  1991 A  By:.  Renee C. Lewery,Assistant Secrelary B  1050f400  LMS,12873,022017    Work Request Form Dale County Road & Bridge Department  Exhibit2  Government Entity: Date Requested: Requested by: Signature:  Town ofNewton 12/03/2018 Mayor Pruitt  Project Location:  East King Street Newton  Description of Work:  Repair undermined road  Cost Estimate: (tol be completed by County Engineer and/orp personnel  $11,589.00  Road and Bridge Reimbursement Options:  X  1.1 100%1 by the requesting entity  2. 50% General Fund /50% requesting entity 3. 100% by the General Fund  Commission Meeting Date: 12/11/2018  Approved (Y/N):  Wahalpelksad  NOTE: Responsible party will bei invoiced the actual county cost for labor, equipment use and materials. Equipment use cost is based on Blue Book rates.    Exhibit 2  a  $  A6A 13    $  3 $  $:  8 s  E be