IS  Dale County Commission  Commission Special Called Meeting Minutes - August 1, 2022  The Dale County Commission convened in a special called meeting Monday, August 1, 2022. The following members were present: Chairman Steve McKinnon; District Two Commissioner Donald O. Grantham; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Absent: District One Commissioner Chris  Carroll  Chairman McKinnon called the meeting to order at 10:00am.  APPROVED - COUNTY ENGINEER EMPLOYMENT  Commissioner Gary made a motion to approve an agreement with Wiregrass Construction and budget amendment- Project #ST-023-888-009, Co Rd. 20. See Exhibit 1. Commissioner Wilson seconded the motion, all voted aye. Motion carried.  ADJOURNMENT: CONFIRMATORY STATEMENT  Commission Grantham made a motion to adjourn the meeting. Commissioner Wilson  seconded the motion. All voted aye. Motion carried.  Itis hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions.  Sh L Steve McKinnon, Chairman    Exhibitl  Dale Counnty Road and Bridgre  202 S. Hwy 123, Suite. A Ozark, Alabama 36360  Telephone (334) 774-5875 Fax (334),774-6899  Derek S. Brewer, P.E. County Engineer Drew Meacham, P.E. Assistant Engineer  August 1, 2022  Wiregrass Construction Company, Inc.  P.O. Box 929 Dothan, AL36302  Re: Project No. ST-023-888-009 DCP-23-07-17 County Road 20 Resurfacing Dale County  Gentlemen:  This is to advise that the Dale County Commission has this date awarded you the contract for PATCHING, WIDENING, SPOT LEVELING, RESURFACING, AND STRIPING COUNTY ROAD 20 FROM COUNTY ROAD 18TOCOUNTY ROAD: 59 on the above referenced  project. Sincerely,  Sth Mf Steve McKinnon Commission Chairman Dale County Commission  lajf    Exhibit 1  CONTRACT ST-023-888-009  THIS AGREEMENT made and entered into this Istaye of Atgut  (Day)  (Mghth) by and between the  Two Thousand Twenty-Two  (Year written in words)  THE DALE COUNTY COMMISSION, party of the first part. (hereinafter called the  Owner) and  Wiregrass Construction Company, Inc.  of party  (Name of Contractor) (Mailing Address)  P.O. Box 48, Ariton, Alabama 36311  of the second part (hereinafter called the Contractor), WITNESSETH:  WHEREAS, the Owner desires the construction of PATCHING, WIDENING, SPOT LEVELING, RESURFACING, AND STRIPING CR-20 FROM COUNTY ROAD 18 TO COUNTY ROAD 59 in DALE County, Alabama, (hereinafter called the Project), and the Contractor desires to furnish and deliver all the material and to do and perform all the work and NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained and the sum of one dollar ($1.00) by each of the parties to the other in hand paid, the receipt whereof is hereby acknowledged, the parties hereto agree as 1. The Contractor promises and agrees to furnish and deliver all the material and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the construction of the Project in Dale County, Alabama, known as Project Number ST-023-888-009, in strict and entire conformity with the provisions of the Contract, and the Notice to Contractors and the Proposal, and the Plans and Specifications (including Special Provisions) prepared by (or for) the Owner, the originals of which are on file with the Owner, and which said Plans and Specifications and the Notice to Contractors and the Proposal are hereby made a part of this Agreement as fully and to the same effect as if the same had been set forth at 2. The Owner agrees and promises to pay to the Contractor for said Work, when completed in accordance with the Provisions of this Contract, the price as set forth in the said Proposal, amounting approximately to Six Hundred Ninety-Six Thousand payments to be made as provided in said Specifications upon presentation of the proper certificates of the Owner and upon the terms set forth in the said Specifications 3. The said work shall be done in accordance with the laws of the State of Alabama under the direct supervision, and to the entire satisfaction of the Owner, subject at all times to the. inspection and approval of the United States Secretary of Transportation, or his agents, and in accordance with the rules and regulations made pursuant to the Federal Highway Act and Acts of the Federal Congress, amendatory  labor for the said Project;  follows:  length in the body of this Agreement.  (Amount written (Amount in numerals)  Three Hundred Thirteen and 24/100  dollars ($ 696,313.24  in words)  and pursuant to the terms of this Contract.  and/or supplementary thereto.    Exhibit 1  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 5. The Contractor agrees to abide by ALDOT's Principles of Business IN WITNESS WHEREOF, THE DALE COUNTY COMMISSION has caused these  Contractor shall be final and conclusive.  Conduct".  presents to be executed by its COMMISSION CHAIRMAN: and Wiregrass Construction Company, Inc. hand and seal this the day and year above written.  (Name of  the Contractor, has hereto set his  Contractor)  ATTEST:  DALE COUNTY, ALABAMA, Bysh K County Commission Chairman  County Commission Clerk hIGy  NAME OF CONTRACTOR: Wiregrass Construction CompanyInc.  (Individual, Partnership, Corporation, or Joint Venture)  ALABAMA CONTRACTORS LICENSE NUMBER: By: fne &  5957  "BpB  James Owens  JameyPadget Secretary  (Print Name) Vice President  (Print Name) Assistant  Title  Title Witness (Print Name) Title Witness (Print Name). Title  By: (X).  (X).  Contractor's Signature (Print Name) Title  By: (X).  (X).  Contractor's! Signature (Print Name) Title    Exhibit 1  BOND  FOR PERFORMANCE OF THE WORK  STATE OF ALABAMA, DALE COUNTY.  KNOW ALL MEN BY THESE PRESENTS: That Wiregrass Construction Company, Inc.  8974 N. US Hwy 231, Ariton, AL 36311  as Principal, and, as Surety, Dollars  Western Surety Company and Liberty Mutual Insurance Company Six Hundred Ninety-Six Thousand, Three Hundred Thirteen and 24/100  are held and firmly bound unto the DALE COUNTY COMMISSION, as Obligee, in the penal sum of  ($:696,313.24  for the payment of which well and truly to be made, we hereby bind ourselves,  our heirs, executors, administrators, successors and assigns.  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 PATCHING, WIDENING, SPOT LEVELING, RESURFACING, AND STRIPING CR-20 FROM COUNTY ROAD 18 TO COUNTY ROAD 59 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 hereinbefore 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 isc 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.  888-009, a copy of which said Contract is hereto attached.  effect.  to said Principal.  Page 1 of2    Exhibit 1  Page 2 of2  PERFORMANCE BOND PROJECT NO.: ST-023-888-009  Upon the completion of said Contract pursuant to its terms, ifany 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-stuffs 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, Partnership, Corporation,) ordoint Venture)  By: (X)  Owens Viee-President  Padget Secretary  Title/Address Contractor's Signature Title/Address Contractor's Signature Title/Address  Assistant  8  Title (X). Witness Title (X). Witness Title    By: (X).  By: (X).  Western Surety Company and Liberty Mutual Insurance Company NOTICE TO INSURANCE PRODUCER:  NAME OF SURETY Penuln Renee Ellis ATTORNEY-IN-FACT Countersigned by Alabama Licensed Insurance Producer for Surety, ifapplicable: Renee Ellis Producer's Name 2601 Bell Road, Montgomery, AL: 36117 Address  Please print or write legibly your name and complete address below including PRODUCER'S COMPANY Renee Ellis Turner Insurance & Bonding Company 2601 Bell Road, Montgomery, AL 36117 PRODUCER'S COMPANY  BY:  041779 License No.    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.  8974 N. US Hwy 231, Ariton, AL 36311  as Principal, and, as Surety, Dollars  Western Surety Company and Liberty Mutual Insurance Company  are held and firmly bound unto the DALE COUNTY COMMISSION, as Obligee, in the penal sum of  Six Hundred Ninety-Six Thousand, Three Hundred Thirteen and 24/100  ($6 696,313.24  for the payment of which well and truly to be made, we hereby bind ourselves,  our heirs, executors, administrators, successors and assigns.  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 PATCHING, WIDENING, SPOT LEVELING, RESURFACING, AND STRIPING CR-20 FROM COUNTY ROAD 18 TO COUNTY ROAD 59 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, feed-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 to its terms, if any funds remain due on said  888-009, a copy of which said Contract is hereto attached.  and of no effect, otherwise to remain and be 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    Exhibitl  Page 2 of2  LABOR, MATERIALS, FEED-STUFFS, & SUPPLIES BOND  PROJECT NO.: ST-023-888-009  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 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.  NAME OF CONTRACTOR: Wiregrass Construction Company, Inc.  (Individual, Partnership, Corporation, or Joint Venture)  By:  (X)  Owens Vica-President  B8  Jamey Padget Assistant Secretary  p  Title/Address Contractor's! Signature Title/Address Contractor's Signature Title/Address  Title (X). Witness Title (X). Witness Title  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 Turner Insurance & Bonding Company 2601 Bell Road, Montgomery, AL 36117 PRODUCER'S COMPANY  NAME OF SURETY Ruuflln Renee Ellis ATTORNEY-IN-FACT Countersigned by Alabama Licensed Insurance Producer for Surety, if applicable: Renee Ellis Producer's Name 2601 Bell Road, Montgomery, AL: 36117 Address  BY:  041779 License No.    Exhibit1  Western Surety Company  POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY-IN-FACT  Know Alll Men By These Presents, That WESTERN: SURETYCOMPANY,aS South Dakota corporation, isa duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and thati it does by virtue oft the signature and seal herein affixed hereby Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr., David J Durden, Milton  make, constitute and appoint  AJ KopfIlI,Joshua Price, Individually  ofN Montgomery, AL, its true and lawful Attomey(s_-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf  bonds, undertakings and other obligatory instruments of similar nature  -In Unlimited Amounts  andt tol bind itt thereby as fully and tot the same extent asi ifs such instruments were signed bya a duly authorized officer oft the corporation and allt the acts ofs said This Power of Attorney is made and executed pursuant toa and by authority oft the By-Law printed ont the reverse hereof, duly adopted, asi indicated, by In) Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be  Attorey, pursuant to the authority hereby given, arel hereby ratified and confirmed.  the shareholders oft the corporation.  hereto affixed on this 6th day of January, 2022.  WESTERN SURETY COMPANY  T. Bruflat, Vice President  AEH  State ofs South Dakota County of Minnehaha  Ss  On this 6th day of January, 2022, 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 of Sioux Falls, State of Southl Dakota; that! hei ist the Vice President of WESTERN! SURETY COMPANY described ins and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed tot the said instrument is such corporate seal; that ity was so affixed pursuant to authority given by the Board ofI Directors ofs said corporation and that he signed his name thereto pursuant tol like authority, and: acknowledges  same tob bet the acta and deedo ofs said corporation. My commission expires March 2, 2026  M.E BENT USOUTHD DASCAGYO PUBLIC  mBent  M. Bent, Notary Public  CERTIFICATE day of  I,L. Nelson, Assistant Secretary of WESTERN: SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By-Law oft the corporation printed on the reverse hereofis stilli in force. In testimony whereofIl have hereunto subscribed  my name and affixed the seal ofthes said corporation this  2022.  WESTERN SURETY COMPANY  SEAV  L. Assistant Nelson, Secretary  Form F4280-7-2012  Nelam  Got toy www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, ify you want to verify bond authenticity.    Exhibit 1  This Power of Attorney! limits thea acts oft those named! herein, andt theyh haver noa authority to bindt the Company excepti int then manner andt tot thee extent hereins stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY  Liberty Mutual. SURETY  Certificate No: 8206786-016010  KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company isa a corporation duly organized under thel laws oft the State of New Hampshire, that Liberty Mutuall Insurance Companyi isa corporation duly organizedu undert thel laws ofti the State OfM Massachusetts, and West American Insurance Companyi isac corporation duly organized under thel laws ofthe State ofl Indiana (herein collectively calledt the" "Companies).P pursuantt toa andb bya authorityl hereins setf forth, does herebyr name, constitute anda appoint, Billie Jo  Sanders; DavidJ J.) Durden; Joshual Price; Milton A. Kopf, Paul B. Scott Jr.; Renee Ellis; Thomas] J. Gentile  allofthec cityof persons.  Montgomery  state of  AL  eachi individuallyif iftheret ber moret thand oner named, itst true and! lawfula attomey-in-factt ton make,  execute, seal, acknowledge ando deliver, for and onits behalfa ass surety anda asii itsa acta ando deed, anya anda all undertakings, bonds, recognizances and other surety obligations, inpursuance oft these presents ands shall be as binding upon the Companies asi ifthey have been dulys signed! byt thep president and attested by the secretary oft the Companies int their own proper INV WITNESS WHEREOF, this Power ofA Attorney! has been subscribed by an authorized officer ord official oft the Companies andt the corporate seals ofti the Companies have been affixed  theretoti this_ 10th dayo of_ November 2021  Liberty Mutuall Insurance Company The Ohio Casualty Insurance Company West/ American Insurance Company By: nE David! M.  INSUR 1912  INSUR 1991 NOIANE  1919  0 State OfPENNSYLVANIA Counlyo OfMONTGOMERY SS  Carey, Assistant Secretary  Onthis_ 10th dayo of November 2021 beforer me personally appeared DavidM. Carey, whoa acknowledged! himselft tobet theA Assistant SecretaryofLibertyl Mutuall Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that! he, ass such, being authorizeds so toc do, execute the foregoing instrument for the purposes INV WITNESSI WHEREOF, Ihavel hereuntos subscribed my name anda affxedn myr notarials seal at Kingo ofPrussia, Pennsylvania, ont the day andy yearf firsta above written.  therein contained! bys signing on behalf ofthe corporations! byl himselfa asad dulya authorizedo officer.  PAS ARY PUB  Commonwealiho ofP Pennsylvania- Notary Seal Teresa Pastella, Notary Public Montgomery County Mycommissione expires March2 28, 2025 Commissionr number 1126044 Member, PennsylvaniaA Associationo ofNotaries  hatill  By: Pnww TeresaF Pastella, NotaryPublic  This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Any officer or other official oft the Corporation authorized for that purposei in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shalla appoint such attorneys-in-fact, as may ber necessary! toa acti inb behalfo oft the Corporation ton make, execute, seal, acknowledge and deliver as surety a any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-in-fact, subject tot thel limitations setf forthi int their respective powers ofa attorey, shall De have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When sO executed, such of instruments shall be asb binding asi ifsigned byt the President anda attested tot byt the Secretary. Any power or authorilty granted toa any representative or attomey-in-factu under the provisions oft this articler mayb ber revokeda ata anyt timet byt the Board,t the Chairman, thef Presidento or byt thec officer or officers grantings such power ora authority. Any officer oft the Companya authorized fort thatp purposei inw writingb byt the chairman ort thep president, ands subject tos such limitations ast the chairman or they presidentr may prescribe, shall appoint such attorneys-in-fact, as may ber necessary to acti inb behalf oft the Company ton make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attomeys-in-facts subject tot thel limitations setf forthi int their respective powers ofa attorey, shall havef full power tob bindt the Company byt their signature and execution ofa any such instruments and toa attach theretot the seal oft the Company. When s0 executed suchi instruments shall be as binding asif Certificate of Designation- The President oft the Company, acting pursuant tot the Bylaws ofthe Company, authorizes David M. Carey, Assistant Secretary toa appoints sucha attorneys-in- facta as may ber necessary to acto onb behalf oft the Company ton make, execute, seal, acknowledge and deliver ass surelya any anda all undertakings, bonds, recognizances and other surely Authorization- By unanimous consent oft the Company's Boardo ofD Directors, the Company consents thatf facsimile orn mechanicallyr reproduceds signature ofa any assistants secretary ofthe Company, wherever appearing upona a certifed copy ofa any power ofa attoreyi issued! byt the Companyi inc connection with surety! bonds, shall! bev valida and bindingu upon the Company with ,F Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutuall Insurance Company, and West American Insurance Company do hereby certifyt thatt the original powero ofattomey ofv which thef foregoingi isa afull, truea ando correct copy ofther Power ofA Attorneye executed by said Companies, isinf full force ande effecta and  Insurance Company, and WestA American Insurance Company which resolutions arer nowi inf fullf force ande effectr reading asf follows:  ARTICLENV-OFFICERS: Section 12. Power ofA Attorney.  ARTICLEXII- - Execution ofC Contracts: Section5 5. SuretyE Bonds and Undertakings.  signedb byt thep presidenta anda attestedb byt thes secretary.  obligations.  thes samef force ande effecta ast thoughr manually affixed..  has noth beenr revoked.  IN1 TESTIMONY WHEREOF, Ihavel hereunto setr my! handa anda afixedt thes seals ofs said Companies this  dayof By:  2022  INSUR 1912  INSUR 1991 NDIANP  1919  Bur Renee C. Llewellyn, Assistant Secretary  LMS-12873L LMIC OCIC WAIC Muitic Co02/21