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14-132.00 Cameron Reilly: Appleway Landscaping Ph 1 Contract THIS AGREEMENT, made and entered into thiszqm- day of , 2014, between the City of Spokane Valley under and by virtue of Title 35 RCW, as am nded and Cameron-Reilly, LLC. Hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: The Contractor shall do all work and furnish all tools, materials, and equipment for: Appleway Landscaping— Phase 1 Project SVPW Contract 14-038 in accordance with and as described in the project plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. 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 these Contract Documents except those items mentioned therein to be furnished by the City of Spokane Valley. II. The City of Spokane Valley 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 in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City of Spokane Valley by reason of entering onto this contract, except as provided herein. City of Spokane Valley 12 Contract Forms Appleway Landscaping—Phase 1 Bid No.: 14-038 0i0ly—I�`L V. The project was awarded for the bid amount of$342,854.64. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the City of Spokane Valley has caused this instrument to be executed by and in the name of the said City of Spokane Valley the day and year first above written. Executed by Contractor LJ/i1)/ £9 , 2014. I Date Int aril,',r(YYL Printed Name Ti e )#' ture City of S,••kane Valley Printed Name t47 Mittitc1r4-4-- T' Si ature Revised 6.19.13 City of Spokane Valley 13 Contract Forms Appleway Landscaping—Phase 1 Bid No.: 14-038 i Spokane .0Valley- BOND NO: 023017854 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Cameron-Reilly, LLC. (Contractor), as Principal, a contract for the construction of the project designated as APPLEWAY LANDSCAPING—PHASE 1, Project No. 14-038 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and The Ohio Casualty Insurance Company (Surety), a corporation organized under the IawQfNew Hampshire and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of$342,854.64 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs, executors,administrators,successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONT SURETY 11P, - 92,-dit. �' r.�vL July 29, 2014 Pnnnnciipp: iggCAAA•Oito naature Date Surety Signature Date I 1 A) Judith C. Kaiser-Smith Printed Name Printed Name iA-pc.A).. ,— Attorney-in-Fact Title Title Name, address,and telephone of local office/agent of Surety Company is: 1 PayneWest Insurance, Inc. Nicholas W. Paget, Agent 7903 E. Broadway Ave., Spokane Valley, WA 99212 509-495-6767 Revised 1.14.13 City of Spokane Valley 16 Contract Forms Appleway Landscaping—Phase 1 Bid No.: 14-038 Spokane doos'vValley BOND NO: 023017854 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Cameron-Reilly, LLC. (Contractor), as Principal, a contract for the construction of the project designated as APPLEWAY LANDSCAPING—PHASE 1, Project No. 14-038 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and The Ohio Casualty Insurance Company (Surety), a corporation, organized under the laws of New Hampshire and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of$342,854.64 total Contract amount(including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRIN IPAL ONTRACTOR) SURETY h' -L`-I¢ 0 vj Ad.', ,,., i., ,,., „liw_ey July 29, 2014 IDatecipal� Signature Date Surety Signatur- r+�1 CAE eQ Judith C. Kaiser-Smith Printed Name Printed Name Ait in+/-( :0L Attorney-in-Fact Title Title Name, address,and telephone of local office/agent of Surety Company is: PayneWest Insurance, Inc. Nicholas W. Paget, Agent 7903 E. Broadway Ave., Spokane Valley, WA 99212 509-455-6767 Revised 1.14.13 City of Spokane Valley 17 Contract Forms Appleway Landscaping—Phase 1 Bid No.: 14-038 ! - . - __ __, _, I THIS POWER.OF ATTORNEY:IS NOT-VALID-UNLESS IT IS PRINTED,ON RED BACKGROUND Thrs Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated: . - ' - . •- - - — ' 'Certificate-No.-6435368 - •• - -_, American Fire and Casualty Company -- Liberty Mutual Insurance Com• pany' - • . - - --The Ohio.Casualty.Insurance Company_ West American Insurance Company -- - " POWER OF ATTORNEY-, - KNOWN ALL PERSONS BY-THESEPRESENTS:"That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of h .the State of New Hampshire,that Liberty Mutual Insurance Company is acorporation duly underthe laws of the State of Massachusetts,and WestAmencan Insurance Company_T:; - ; is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies');pursuant to and by authority herein set forth;does hereby name;constitute -• and appoint;:-- James E.Maieskey,'11;Judith A,Rapp;.Judith'G Kaiser-Smith;'Nicholas W--Paget;Shawn M.:Wilson; Donovan Walter W,Wolf - ,) = all of the city of Spokane Valiev state of-WA !� each individually if there be'more than one named,its true and lawful attorney-in_fact to make execute,seal,acknowledge and deliver,:for and onits behalf as surety and as its act and deed;anyand all undertakings;bond§,recognizances and other.surety obligations,in pursuance of these presents and shall* -be as binding upon the Companies as if they havebeen duly signed by the president and.attested by the secretary,of the Companies in their own proper persons -� •'IN WITNESS WHEREOF,-this Power:of Attoiiiey'his been subscribed by an authorized officeror official of.the Companies and the corporate.seals of the Companies have been affixed "...::•---:_„:,-.1 ▪ thereto this 3rd day of February 201 a ��ai �.�= .,ire.- �✓`✓�;✓� .r ;= -- 5 �- „ }4 = L. _Amencan'Fire and Casualty Company, ---,/,',.,-,-,,,,. ..-,:l.•,.,-,?, „, y ,-< The Ohio Casualty.Insurance Company.` •..::N- g -' , - Y .. Liberty Mutual:Insurance Company ,w : `'` -- • WestAmerican Insurance Compa•ny• -C �.+. -- E -w David M.:Care ,Assistant Secretary - =C C STATE OF PENNSYLVANIAN 7,;ss • - - •- :r•L COUNTY OF MONTGOMERY _ ~ ?._. El..)-ca:On this.:3rdz-. day of February- 2014 before me personallY appeared David M Carey,Who acknowledged himself to be,the:Assistant Secretaryof Amencan Fire and.,v ii-- v-w Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and WestAmerican Insurance Company,and that he,as such being:authorized SOW I.1 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer � s C -- •Zu->>• IN WITNESS WHEREOF I have hereunto subsc nanre and affixed my notarial seal at Plymouth Meeting;Pennsylvania,on the day and year first above written' r O Q ..+— - _ - - ,� to r -. -- ��� ;��,, �tia�l�sc>i�iit.c.�l.i i�s t��.rsrasxi..er ��r� /� -- n : i.::▪ �'`-'�` - .�. x,7''7 9 fiV ,yam { F'h! ' J` �+Q�_- { F�j, �_ \ — i� �¢'e �., I J- 'By. /`�J WSW /Q ' �Cs -• "' t•: -r1',n '`s, r '` �"' - = Teresa Pastella;NotaryPublic ,CC s, C s x,i-i sfascri2. x :tpaSo ..% , Zier r;en.sy 3•� ',..,.�z ars yr-I44 r-. . .- • - ::::,,,-',..-,:::::,:r) .E C;co This Power ofAttorney is made and execute Vuiet +t�and°by uthonty of the following By-laws andAuthonzations ofAnierican Fire and Casualty Company,The Ohio Casualty Insurance L o :6 N Company Liberty Mutual Insurance Company anclytestAnre Insurance Company which resolutions are now intull force and effect reading asfoll iws i 0 •ns � ARTICLE IV;-..OFFICERS-.-Section 12.Power ofAttomey.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairmanor the President and Subject O C: ,. �; to such limitation as the Chairman orthePresident may prescnbej shall appoint such attorneys-in-fact,as may,be necessary to act in behalf of the Corporation to makeexecute-Seat; ,B• O;E I acknowledge and deliver as Surety-al-1Y and all undertakings;bonds;redegriizances and other surety obligations..Such attorneys-in-fact;subject to the limitations.eetforth in their respective, '� : E•ui powers of attorney,shall 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 .70,c p executed;such instruments snail be as binding as if signed by the President and attested to by the Secretary.Any power orauthority granted to any representative or attorney-in-fact under,- >. 4".' theprovisions of this article maybe revoked at anytime the Board,the Chairman;the President or by the officer or officers granting such power or authority rte.: tet ,C ARTICLE XIII=.Execution of Contracts SECTION 5'Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president=;£PQ and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to actin behalf of the Company to make,execute,- el O.`3 ,seal;acknowledge and deliver assurety any and all undertakings,bonds lrecognizances add Tothei surety obligations.:Such attorneys-in-fact subject to the limitations set forth in their. C ?:.c) respective powers of attorney shall have full power to:bind the Company by their signatur and execution of any such instrual o ments and to attach-thereto the seal the Company,When so ;0 o. executed such instruments shall be as binding as if signed by the president and attested yy the secretary -� ...---...:":------„,--.-%--1_,..,..-:,..--%, .--•-...:-..--;,--...--::-.:.„-- _ =` f Certificate-of Designation-The-President of the Company;:acting pursuant to the Bylaws of the Company"authorizes David M.Carey Assistant Secretary to appoint such attorneys m-`~: :fact as maybe_necessary to"acton behalf_of the Company.to make;execute seal;acknowledge and deliver as surety any and all undertakings;bonds,recognizance s and other surety- Authorization-By unanimous consent of the Companys Board of Directors the Company•consents that facsimile or mechanically reproduced signature of any assistant secretary of the' -Company,'wherever appearing upon a certified copy of any,power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with thesame force and effect as thou h manual) ,affixed i - %� .-....„-,----7.., • r� - - I Gregory W Davenport,the undersigned;Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty insurance Company,liberty Mutual Insurance Company and , West American..insurance Company do hereby certifythat the original=power of attomeyof which the foregoing is a full-,-.true and correct copy of the Former of Attorney executed by said- ",- "Companies is in full force and effect and has not been revoked _ -.- ▪ - j~ IN TESTIMONY WHEREOF;I have hereunto set my hand and affixed the seals of said Companies this29 th--day of^ JUly L, . 20 "14•-•,.7-7-; '-y z -a Gregory W.Davenport Assistant Secretary' L-..„,...--..±----•_., 1. ;• LMS12873 122013 -' �`_ - - - e 63-o150 % _ • CAMELLC-03 SSTROH ACORD° DATE(M M/DDmYY) CERTIFICATE OF LIABILITY INSURANCE 7/29/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. i HIS 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 policy(ies)must 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 CONTACT NAME: Spokane-Downtown Office PHONE 509 455-6767 FAX PayneWest Insurance,Inc. (A/C,No,Ext):( ) (A/C,No): 827 West 1st Avenue Suite 225 ADDRIESS: Spokane,WA 99201 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Cincinnati Insurance Co. 10677 INSURED INSURER B:Cincinnati Insurance Companies 10677 Cameron-Reilly,LLC INSURER C: 309 N Park Rd INSURER D: Spokane Valley,WA 99212 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X ENP0056339 12/31/2013 12/31/2014 DAMAGE TO RENTED 500 000 PREMISES(Ea occurrence) $ , X PD Deductible:1000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X J'Er LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 (Ea accident) , , B X ANY AUTO ENP0056339 12/31/2013 12/31/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X PROPERTY DAMAGE $ NON- (Per accident) AUTOSOWNED $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 B EXCESS LIAB CLAIMS-MADE ENP0056339 12/31/2013 12/31/2014 AGGREGATE $ 4,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE EERH ANY PROPRIETORIPARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Spokane Valley Project No.0183,SVPW Bid No.14-038 Appleway Landscaping-Phase 1 Project City of Spokane Valley is included as additional insured as required by written contract.Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Spokane,WA 99206 AUTHORIZED REPRESENTATIVE \SIALK 6-41A, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD