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14-156.00 Inland Asphalt: Old Mission Trailhead Improvements CONSTRUCTION AGREEMENT For the Old Mission Trailhead Improvement Project With Inland Asphalt Company THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and Inland Asphalt Company,("Contractor") jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision,tools,materials, supplies and equipment and other items necessary for the construction and completion of the Old Mission Trailhead Improvement Project(the "Work") in accordance with documents described in Exhibit 1 and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof(the "Contract Documents")), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents to City's satisfaction, within the time limits prescribed in the Contract Documents. The City Manager,or designee,shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,State and federal standards,codes,ordinances,regulations and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work by November 1,2014,unless otherwise extended by mutual agreement of the Parties in writing. 3. Liquidated Damages. TIME IS OF THE ESSENCE FOR THIS CONTRACT. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration,engineering,inspection and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents)which shall be in the amount of$250.00 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. Construction Agreement Page 1 of 7 4.Compensation.In consideration of Contractor performing the Work,City agrees to pay Contractor amounts specified in the Contract Documents, for a total sum of not to exceed $ 49,563.00 , inclusive of Washington State Sales Tax,and as may be adjusted in accordance with the Contract Documents. 5. Payment. The Contractor shall be paid upon completion of all Work as provided herein, including completion of all"Punch list"items. Pursuant to Chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards, City Code, and federal or state standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Inland Asphalt Company Phone: (509)921-1000 Phone: 509-534-2657 Address: 11707 East Sprague Ave, Suite 106 Address: 5111 E Broadway Spokane Valley, WA 99206 Spokane Valley, WA 99212 7.Applicable Laws and Standards. The Parties,in the performance ofthis Agreement,agree to comply with all applicable federal, state, and local laws,codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of RCW 39.12,and shall pay each employee an amount not Construction Agreement Page 2 of 7 less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with RCW 39.12. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I are located at the L&I website address: https://fortress.wa.gov/lni/wagelookup/pry W agelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 11707 East Sprague,Suite 106,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10.Relationship of the Parties. It is understood,agreed and declared that Contractor shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. Construction Agreement Page 3 of 7 14.Contractor to Be Licensed And Bonded. Contractor shall be duly licensed,registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives,or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations,stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion,collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of Construction Agreement Page 4 of 7 not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or self-insurance. 16.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor,Contractor's agents, subcontractors, subconsultants and employees. Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 17. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof 18. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. Construction Agreement Page 5 of 7 19. Confidentiality. Contractor may, from time to time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 20.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 21. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 22.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 23. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties. 24. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 25.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business. 26. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 27. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Work 2. Insurance Endorsements 1 The Parties have executed this Agreement this ! day of46241'644/ ,20 CITY OF SPOKANE VALLEY: Co 41 1 4111 Mike Ja fon,City Manager cT� .�� Construction Agreement Page 6 of 7 ATTEST: APPROVED AS TO FORM: —67.6.4/44., is') Christine Bainbridge, Ci Clerk Office oft , City- Alto y Construction Agreement Page 7 of 7 i � Salle BOND NO: 9168532 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 Inland Asphalt Company (Contractor), as Principal, a contract for the construction of the project designated as Old Mission Trailhead Parking Improvements, Project No. 0208 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety), a corporation organized under the laws MARYLAND 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$ 49,563.00 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• ety. INLAND AS • •�I� FIDELITY AND DEPOSIT COMPANY OF MARYLAND PRINCIP, • a IVP • SURETY 9/3/14� � 4 _ Principal Signatur/ Date . 4111110.0.11P7-1— Al Hnghhanks Printed Name Printed Name Chief Estimator ATTORNEY-IN-FACT Title Title Name,address,and telephone of local office/agent of Surety Company is: MARSH USA,INC.,TINA DAVIS 15 W.SOUTH TEMPLE,STE.700 SALT LAKE CITY,UT 84101 801-533-3624 Rrv;sed 1 14 13 SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE } SS On this 3RD day of SEPTEMBER, 2014, before me personally came TINA DAVIS to me known, who, being by me duly sworn, did depose and say that she is an Attorney-In-Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-In-Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Notary P is d ) 1 /P,o,I, (..,ittirt":is> pr ;1 (CIJ°01 t • jl ��/i1..,.,i:!IISS.,I fI Certificate of Insurance INSURANCE NCE• CERTIFICATE AND DOES MATTER OF INFORMATION. OR ALTER T}E COVERAGE AFFORDED BY THE POLIICCIEESS LISTED BELHOOW 'THIS CERTIFICATE IS NOT AN This is to Certify that aaw Inland Asphalt Company —Ifi CPM Development Corporation dba NAME AND V � Libert)r PO Box 3366 ADDRESS Spokane,WA 99220-3366 OF INSURED , � P Mutual. is,al the issue date of this certificale,insured by the Company under the policy(les)listed below.The insurance afforded by the listed policy(ies)Is subject to all their terms,exclusions and Conditions and is not altered by any recuiremenl,term or condition of any contract or other document with respect to which this certificate maybe issued. EXP DATE ❑CONTINUOUS TYPE OF POLICY0 EXTENDED POLICY NUMBER LIMIT OF LIABILITY RI POLICY TERM WA7-C 8 D-004095-024 COVERAGE AFFORDED UNDER WORKERS 9/1/2015 WC7-C81-004095-014 WA . OF THE FOLLOWING EMPLOYERS LIABILITY COMPENSATION ES: ALL STATES EXCLUDING Bodily Injury by Accident MONPOLISTICS STATES AND $1,000,000 Each Accident NY Bodily Injury by Disease OR,WI $1,000,000 Policy Limil Bodily Injury by Disease $1,000,000 Each Person General Aggregate—Other than Products/Completed Operations GENERAL LIABILITY 9/1/2015 TB2-C81-004095-114 $2,000,000 -Per project aggregate Included products/Completed Operations Aggregate H OCCURRENCE $2,000,000 ID CLAIMS MADE Bodily Injury and Property Damage Liability $2,000,000 Per Occurrence RETRO DATE Personal Injury Included* Per Person/Organization Other Other Included in BIIPD Liability FIRE DAMAGE$100,000;PER PROJECT AGGREGATE AUTOMOBILE 9/1/2015 AS2-C81-004095-124 $2,000,000 BE j Ana p D.Combi e Ledmu LIABILITY Comp Ded$10,000 Each Person 0 OWNED gi NON-OWNED Coll Ded$10,000 Each Accident orOccutrence i ®HIRED Each Accident or Occurrence OTHER Excess Workers' 9/1/2015 EW7-88N-004085-344 SIR 250,000;EXCESS WC 250,000,000(INCLUDES WA STOP Compensation&Employers' GAP)EL$750,000 Liability ADDITIONAL COMMENTS RE: Old Mission Trallhead Improvement Project City of Spokane Valley is named as additional Insured with respect to the above referenced project. Coverage Is primary and non-contributory. •WON certificate expiration data is continuous or extended term.you sill be notified If coverage Isterminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO:ANY PERSON WHO,WITH INTENT TO DEFRAUD OR iGNOWiNG THAT HE iS FACILITATING A FRAUD AOADNST AN INSURER,SUBMITS AN APPLICATION OR FILES A CLAiM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS:INTIM wear YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON,PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS Hi THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE.ME APPROPRIATE LOCAL SALES OFFICE MATUNG ADDRESS MAY ALSO BE OBTAINED BY CALLING TIES NUMBER- Liberty Mutual Insurance Group NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: rayof S okane Valle p YAicvJe,r.9. 42.501,44qt_ 11707 E Sprague Ave,Suite 106 Stanley S.Esposito Jr. 1 Spokane Valley,WA 99206 Pittsburgh/0387 AUTHORIZED REPRESENTATIVE I l_ I 12 Federal Street,Ste.310 J Pit(sburoh PA 15212-5708 412-231-1331 9/11/14 OFFICE PHONE DATE ISSUED This certificate is executed by LiBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Klose Companies NM 772 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Tina DAVIS,Lisa HALL and Lindsey PLATTNER,all of Salt Lake City,Utah, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety, and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 24th day of July,A.D.2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND A wa titres,io G►�-� L1a ? SEAL m: J ! SC)i • t 1()i IMO d, •••e 1H1 .i u 1689 yy.un,...••• 911 K6f-a By Assistant Secretary Vice President Michael McKibben Thomas O.McClellan State of Maryland City of Baltimore On this 24th day of July,A.D.2014,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and MICHAEL MCKIBBEN,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. i ttritl� .{4• 97tivii.;,-1✓ C20,,,,-a '���'1 ; iiii.`..,`` Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 POA-F 020-8022W EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3RD day of SEPTEMBER ,20 14. „Nn.we,t • #) Z' sir( p Mir :O ItM i sv S 07 pI�AL: s,� 798E a Gerald F.Haley,Vice President r-, 1,)� Liberty r Mutual. INSURANCE Liberty Mutual Group 157 Berkeley Street Boston,MA 02116 Tel: (617)654-4096 Fax: (857)224- August 21;2014 Re: Oldcastle Inc.,Oldcastle Materials,Inc.,CPM Development Corporation,Eugene Sand Construction, Inc.,Interstate Concrete and Asphalt Co. Policy 0 TB2-C81-004095-114,AS2-C81-004095.124,WA7-C8D-004095-024,WC7-C81-004095-024, EW7-68N-004095-344 To Whom It May Concern: Please accept this letter as confirmation that these customers have renewed with Liberty Mutual Insurance and coverage continues under the attached expiring endorsements. We will release the renewal endorsements for the current policy period of 9/1/14—9/1/15 within 30 days at which time,we will provide you copies of the endorsements for your file. Endorsements: WC 00 03 13- Waiver of Our Right to Recover from Others Endorsement CG 20 10 04 13—Additional Insured—Owners,Lessees or Contractors CG 20 37 04 13--Additional Insured—Owners,Lessees or Contractors—Completed Operations CG 24 04 05 09-Waiver of our Right to Recover From Others Endorsement LD 24 10 07 13-Primary and Non Contributory-Scheduled Additional Insured AC 84 23 08 1 f—Designated Insured—Noncontributing CA 04 44 10 13—Waiver of Transfer of Rights of Recovery against Other to US(Waiver of Subrogation) CA 20 48 10 13—Designated Insured I hope this will suffice for verification purposes. If you have any questions,please contact meat 617-654-4096. Regards, JVatalie O'Brien Natalie O'Brien Underwriting Technical Specialist Helping people live safe,more secure lives. Scope of Work REQUEST FOR QUOTE: OLD MISSION TRAILHEAD IMPROVEMENT PROJECT The City of Spokane Valley is soliciting a quote for the construction of the Old Mission Trailhead Improvement Project. The work shall be done in accordance with the current Spokane Valley Street Standards. The project consists of furnishing and placing CSTC;hot mix asphalt paving; sidewalk and curb construction;and other related work shown on the attached Plan and quantified in the table below. Please provide a unit price and total cost for each item. Washington State Retail Sales Tax shall be included in each item as required by WAC 458-20- 171. All prices shall include paying workers current Washington State Prevailing wages. Old Mission Trailhead Improvement Project Quote Item Description Unit Quant. Unit Total Cost # Price 1 CONSTRUCTION SURVEYING LS 1 2 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 3 SPCC PLAN LS 1 4 CLEARING AND GRUBBING LS 1 5 ROADWAY EXCAVATION(INCL.HAUL) CY 155 6 CR. SURFACING TOP COURSE,2 IN.DEPTH SY 80 7 CR. SURFACING TOP COURSE 4 IN.DEPTH SY 125 8 CR. SURFACING TOP COURSE, 6 IN.DEPTH SY 520 9 HMA CL. 1/2 IN.PG 70-28, 0.25 FT.DEPTH SY 520 10 SOIL RESIDUAL HERBICIDE SY 520 11 CURB INLET TYPE 1 EA 6 12 CEMENT CONCR.TRAFFIC CURB&GUTTER LF 160 13 CEMENT CONCRETE TRAFFIC CURB,TYPE A LF 400 14 CEMENT CONCRETE SIDEWALK SY 115 15 CEMENT CONCRETE CURB RAMP 10'WIDE EA 1 16 CEMENT CONCRETE PEDESTRIAN CURB LF 28 17 SEEDING,FERILIZING AND MULCHING SY 80 18 SOD INSTALLATION SY 45 19 TOPSOIL,TYPE B SY 80 20 PAINT LINE LF 625 21 PAINTED ACCESS PARKING SPACE SYMBOL EA 2 Total(Incl.Tax) Person/Entity Name: Signature of Proposer: Company: Date: Signed quotes must be submitted to Gabe Gallinger, Community Development Department, City of Spokane Valley, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, by 10:00 a.m. PSDT,Friday,August 22,2014. Payment shall be based on field measurement of work installed. The attached example Construction Agreement will be used,if the Quote is accepted by the City. 10G n N ; 1 - J Z r -r_ f II g N6 12 $ a m E 8 52 8 4 § 9 ls is * l• al 1. 1. 15 0 ;' cA 0 �9aee EN 1 0 ;i\ sI\ H i , � \ \ i) 2,, \ \ _E a I I \\ \ /1\ \ \ ._Z5 1 \ ( \ \ `' ow H m a Pi a9 I ` .0 \ ` 1O' i11'1 �n PINiv \ s 7.e ' , Q \�1. 1.b ill 5 "� RC1,Ii1� 9� iik ire, II x t \. Y m 14 / Vcb I " Q \ \ U,F1 il 1;1 C i IN : l1 \14 A 4.P \ m I 1�, Y IA ,4,, 9 1 1 :4 0:,'.11, A L ,, 1r,i, 1 „v.,A .., 11 (. c.....4014, oi: - p_ •;..N -!, I / =: o , � 6 41 1',' g ' kAir Q Irsg 0 lei/ � i.4161,r bi J'a- ] d /' 1 Mt \\ \ %/I Is`. 3 /m III �� �� 3nU � IN N� $ 1' �ap 2c?,yCet I Ivo, x ,,9g i I 11, a 11 OA �� � � � aYe 'a �� Il; 1 5, S t Y '' 1;.) \‘;1111'.? ' _ ; g l� I!1 _ i � I 1 a g i Cl'Na 9191:19I9fM.141d+99*6Y WOVOWI"A5030?WV1i.411.1.1.6.1 NOw�4.d QA 'd inOcArv^/d a99M'd