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14-136.00 T. LaRiviere: 2014 Stormwater Utility Small Works Projects Contract THIS AGREEMENT,made and entered into this day of 2014, between the k City of Spokane Valley under and by virtue of Ti 35 RCW,as amended and T. LaRiviere Equipment& Excavation 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: 1 I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Stormwater Utility 2014 Small Works Projects SVPW Contract #14-036 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. • V. The project was awarded for the bid amount of$169,269.20. • 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 '41244 ,2014. Date • ' ' ' • • _ • Printed Name Title �gnattire City of Spokane alley az rep,Print Name • C Title _ i 10/AO/ .i.. �!� ism i•: ;tom Revised 6.19.13 �..IN, TLARI-1 OP ID:MH d4 RO" CERTIFICATE OF LIABILITY INSURANCE DA07/23/2014Y) �� 07/23!2014 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 policy(les)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: Inland Insurance Inc. PHONEFAX 609-456-2648 9016E Indiana Ave.,Suite A taw.No.Ext): lac,No):5094564432 Spokane Valley,WA 99212 E-MAILDRLSS: James P Dinneen INSURERS)AFFORDING COVERAGE NAIC 0 INSURERA:Alaska National Ins Co 38733 INSURED T.Lariviere Equipment INSURER B:Idaho State Insurance Fund &Excavation,Inc. PO Box 100 INSURER C: Athol,ID 83801-0897 INSURERD: 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 EFF POLICY EXPM/ LIMITS LTR INSD wvn POLICY NUMBER (MDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR X X 14D PS 08913 04/10/2014 04/10/2015 DAMAGE 70 RENTED 100,000 PREMISES(Ea occunence) $ , MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEM.AGGREGATE UMITAPPUES PER: GENERAL AGGREGATE $ 2,000,000 n PRO- n PRODUCTS-COMP/OP A POLICY I 1 JECT I 1 LOC - GO $ 2,000,000 OTHER: $ AUTOMOBILE UABIUTY COMBINEDaccidentSINGLE LIMIT $ 1,000,000 A X ANY AUTO X X 14D AS 08913 04/10/2014 04/10/2015 BODILY INJURY(Per person) $ — ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AOS X H R DSAUTOS X A itr/NED (Peacc dent)DAMAGE $ $ X UMBRELLA UAB XOCCUR _EACH OCCURRENCE $ 3,000,000 A EXCESS UAB CLAIMS-MADE X X 14D LU 08913 04/10/2014 04110/2015 AGGREGATE $ 3,000,000 DED X RETENTION S 10000 - $ WORKERS COMPENSATION PER ETH. AND EMPLOYERS'LIABILITY 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE Yn N/A 614860 04/10/2014 04110/2015 E,L,EACH ACCIDENT $ A (Mandatory In NH)OCCLUDED? I I 14D PS 08913-STOP GAP 04/10/2014 04/10/2016 E.L.DISEASE-FA EMPLOYEE $ 1,000,000 1 if yes describe under1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 A Leased Rented Eq 14D PS 08913 04/10/2014 04/10/2015 Limit 100,000 Ded 2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,AddIUonal Remarks Schedule,may be attached I(more space Is required) RE: Stormwater Small Works 2014 / Project No. 14-036 The City of Spokane Valley is primary non-contributory additional insured as respects the above project only per insuring forms ANIC GL1061 0308; ANIC GL702 0412; CG2503 0509; and ANIC CA1150 1013 attached. CERTIFICATE HOLDER CANCELLATION CITYOI2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SPOKANE VALLEY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11707E SPRAGUE,STE 106 SPOKANE VALLEY,WA 99206 AUTHORIZED REPRESENTATIVE .tm Moment President I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Sff ane Valley. BOND N0: BDA 735483 CONTRACTOR'S PERFORMANCE BOND • to City of Spokane Valley,Washington The City of Spokane Valley,Washington, in Spokane County,has awarded to T.LaRiviere Equipment&Excavation, Inc. (Contractor),as Principal,a contract for the.eonshuotion of the project designated as$tormwater Small Works 2014,Project No, 14.036 in Spokane Valley,Washington,and said Principal Is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 RevIsed Code of Washington(RCW). The Principal, and AMCO Insurance Company (Surety), a. corporation, • organized under the laws of Iowa and licensed to do business in the State of Washington as•surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept,are jointly and severally held.and firmly bound to the City of Spokane Valley,as Obligee,in the spm of$total Contract amount(including Washington State sales tax),subject to the provisions herein. • One Hundred Sixty-Nine Thousand,Two Hundred Sixty-Nine and 20/100 ($169,269.20) This performance bond shall beconie'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 authorizedmodifications,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 end 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 it'll 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 anyway 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 end changes to the terms and conditions of the Contract that increase the total amount tribe paid the Principal shall automatically increase the obligation of the Surety on:this bond and notice to Surety is not required forsttch 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 itis accompanied by a fully executed and original power of attorney for the officer executing on behalf of ' the surety. T.LaRiviere Equipment&Excavation,Inc. AMCO I, - ce Company/ PRINCIPAL • ACTOR) SURE q-121(-1 .... _dr. 2014 rincipal Signature to Sur' P.gn.• Date In0,-rnSSL-Qiqivtere) J'• n L. Green Printed Name Printed Name —(reSi a erl'_ Attorney-in-Fact Title Title i • Name,address,and telephone of local office/agent of Surety Company is: Inland Insurance, Inc. • , 9016 E. Indiana,Suite A, Spokane Valley,WA 99212 - 509-456-2648 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint: JAMES P.DINNEEN JOHN L.GREEN SPOKANE VALLEY 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 any and all bonds and undertakings, and other obligatory Instruments of similar nature,in penalties not exceeding the sum of ONE MILLION AND NO/100 DOLLARS S 1,000,000.00 and to bind the Company thereby,as fully and to the same extent as If such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney Is made and executed pursuant to and by authority of the following 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 execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,contracts of Indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings 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;provided,however,that the authority 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 the Company." °RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations 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 the board of directors of the Company. Execution of Instruments. Any 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 any of them may be printed,engraved,or stamped on any approved document, contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed/ and duly attested by the signature of Its officer the 13°i day of February,2014. ^� ��r ,, /: } "?•' ° ►,�, Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company / �+�+�T , / d7,04 _ and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company, 111 r't7 r';r� �.ISEA ..r./ AMCO Insurance Company,Allied Property and Casualty Insurance Company,and Depositors Insurance �, -..*� ,'it\a+/ Company /♦_,, ACKNOWLEDGMENT /.*...4 �►� ..� STATE OF IOWA,COUNTY OF POLK: ss /;�• /c' ���VOn this 13°i day of February,2014,before me came the above-named officer for the Companies aforesaid,to SEA- pi • iS L1/ me personally known to be the officer described in and who executed the preceding instrument,and he g $;ti ;•� acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer i 4#404:. #�� V,=+.k° of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,and the said corporate seals and his signature were duly affixed and subscribed to said Instrument by the authority and +��,, ♦�, direction of said Companies. #1P /;� sir + Sandy Mita 1 0 Notarial Seal—Iowa SEAL14pqf / iSEAL;I Commission Number 152785 Notary Public '`,. ,*` *� My Commission Expires March,24,2017 �VO ` 1`4r . My Commission Expires ��� CERTIFICATE March 24,2017 I,Robert W Homer Ill,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution Included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended In any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this 23rd day of July ,2014 . alpi- .44-—a Secretary This Power of Attorney Expires 09/18/15 BDJ 1(03-14)00 26535 • • Revised 1.14.13 Sp�kan``e\`'°` ..00Valley. BOND NO: BDA 735483 . CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Washington, in Spokane County,has awarded to T.LaRiviere Equipment&Excavation, Inc.' (Contractor),as Principal,a contract for the construction of the project designated as$tormwater Small Works 2014,Project No. (Protect#14-036)in Spokane Valley,Washington,and said prliolpal is required under the terms of the Contract to furnish a payment bond In accordance with chapter 39.08 Revised Code.ofWashington(RCW). . • The Principal, and AMCO Insurance Company (Surety); a corporation organized underihe laws Iowa and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptablein 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$total Contract amount(including Washington State sales tax),subject to the provisions herein. One Hundred Sixty-Nine Thousand,Two Hundred Sixty-Nine and 20/100 ($169,269.20) . 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,meolianics, subcontractors,and materlalmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the canying on of such work;and shall indemnify and hold harmless the Obligee from all loss,coat 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 Milled,this bond shall remain in Hill 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 tho officer executing on behalf of the surety. T.LaRiviere Equipment&Excavation,Inc. AMCO sura e Company . .. PRINCIPAL CONTRACTOR) S ' : ' -.. 1-2511L-I .�� ��n4d - Principal Signature 11 Date S gnature Date • • �hnr s)L'aRi.tief�J ohn L. Green ' ' ., ' 1 r . Printed Name _Printed Name • __, • f - Fres't den- . Attorney-in-Fact Title Title. •• . • • • Name,address,and telephone of local otfee/agent of Surety Company is: Inland Insurance,Inc. 9016 E. Indiana, Suite A, Spokane Valley,WA 99212 - 509-456-2648 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Farmland Mutual Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation Nationwide Agribusiness Insurance Company,an Iowa corporation Depositors insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as the"Companies,"each does hereby make,constitute and appoint: JAMES P.DINNEEN JOHN L.GREEN SPOKANE VALLEY 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 any and all bonds and undertakings, and other obligatory instruments of similar nature,In penalties not exceeding the sum of ONE MILLION AND NO/100 DOLLARS $ 1,000,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following 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 execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings,recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature thatthe business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority 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 the Company." "RESOLVED FURTHER,that such attorneys-In-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations 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 the board of directors of the Company. Execution of Instruments. Any 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 any of them may be printed,engraved,or stamped on any approved document, contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of Its officer the 13°' day of February,2014. '�. L te - /!: �' Art?,•0 .k� Terrance Williams,President and Chief Operating Officer of Nationwide Agribusiness Insurance Company / ° ' /! anA \ , and Farmland Mutual Insurance Company;and Vice President of Nationwide Mutual Insurance Company, /+SEAL;*i 0 SEALf*j AMCO Insurance Company,Allied Property and Casualty Insurance Company,and Depositors Insurance ` 44�` 4i` MI r Company ACKNOWLEDGMENT -*MN u. 40141111.. �::•• tf .�� !!z�, STATE OF IOWA,COUNTY OF POLK: ss /; °"1Q1� ''&� On this 13th day of February,2014,before me came the above-named officer for the Companies aforesaid,to •...., • SEAL.3 me personally known to be the officer described in and who executed the preceding instrument,and he `••. ...•;41 g $; ,, acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer _ a\ ; � 4114- 4, of the Companies aforesaid,that the seals affixed hereto are the corporate seals of said Companies,and the amu► said corporate seals and his signature were duly affixed and subscribed to said Instrument bythe authority and 41,11144direction of said Companies. ♦ ?! , II Sandy MHz o ',' I i70?A T Notarial Seal—Iowa 6-2,--4-/- if / SEAL i iA`SAL:j Commission Nmaher 152785 Notary Public 5 .'• '*,/ My Commission Expires March,24,2017 4 ;... ..oc: �a ii+40• My Commission Expires karr I`►"' CERTIFICATE March 24,2017 I,Robert W Homer III,Secretary of the Companies,do hereby certify that the foregoing is a full,true and correct copy of the original 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 of directors and the same has not been revoked or amended in any manner;that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies,and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Secretary,and affixed the corporate seals of said Companies this 23rd day of July ,20 14 6Z1/- )/-_ X Secretary This Power of Attorney Expires 09/18/15 BDJ 1(03-14)00 26535 [.