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14-162.00 Ibex Flooring: CenterPlace Carpet Replacement CONSTRUCTION AGREEMENT Ibex Flooring LLC THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and Ibex Flooring LLC,("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 CenterPlace Administration Carpet Replacement 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 October 15,2014. 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$100.00 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. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$3,882.00,plus Washington State Sales Tax of$337.73, for a total of$4,219.73,based on the bid submitted by Contractor,and as may be adjusted in accordance with the Contract Documents. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department Construction Agreement Page 1 of 6/,, W10- ((O2-- at the below stated address. 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: Ibex Flooring LLC Phone: (509)921-1000 Phone: (509)327-3331 Address: 11707 East Sprague Ave, Suite 106 Address: P.O.Box 7538 Spokane Valley,WA 99206 Spokane,WA 99207 7.Applicable Laws and Standards. The Parties,in the performance of this 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 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. Construction Agreement Page 2 of 6 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/prvWagelookup.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 fmal 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 fmal 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. 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 Construction Agreement Page 3 of 6 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 2010 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 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 Construction Agreement Page 4 of 6 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 anyservices rendered bythe office of the CityAttorney,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. 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. Construction Agreement Page 5 of 6 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 The Parties have executed this Agreement this day of September, 2014. CITY OF SPOKANE VALLEY: Contractor: Q ?, Ca161A,t, l0/37j O C 457 Owner M as-K ( Ci4-y Mav'otq ar ATTEST: ` (J APPROVED AS TO FORM: Ar 4.1(1/fA14' Christine Bainbridge, City Clerk cle-6 the City tcney Construction Agreement Page 6 of 6 PO Box 7538,Spokane,WA 99207 ib Phone(509)327-3331 ❖ Fax(509)327-4033 Email:DanM@Ibexflooring.com Commorolal Flooring Ibex Flooring LLC WA license 41 IBEXFFL944Q9 •• ID license#RCE-24321 July 9, 2014 To: City of Spokane Valley Attn: Brian Moat Re: Center Place Admin--Carpet Scope: - Supply and Install Shaw-Philly Carpet Tile (Style: Feedback, Color: Radar)with Random Accents (Style: Color Accent, Color: Suede) - Supply and Install new 4"Rubber Base - Demo and Dispose of existing carpet and base - All Work to take place during `non-operational' hours Common Area and Copy Room: $1,608 (no tax) Office 121: $1,040 (no tax) Office 123: $1,084 (no tax) _.-4,4°047 **Unit Prices: = Shaw/Philly `Feedback': $22.77/sy Carpet Install with Adhesive: $5.65/sy 't _�yy 4"Rubber Base Supply and Install: $1.50/1f • Exclusions: - Furniture Handling Cut 104 az- Please contact me with any questions. I� Thank you, Nathan Myers Project Manager IBEXFLO-01 ACATHEY Amo— CERTIFICATE OF LIABILITY INSURANCE DAT/23/2D/YYYY) 9/23/2014 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(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 CONTNAME: Amy Cathey HUB International Northwest LLC PHONE (A1C,No,Ext):(509)838-6848 FAx 509 838-7024 (AIC,No):( ) 400 S.Jefferson E-MAIL Ste 408 ADDRESS:amy.cathey@hubinternational.com Spokane,WA 99204 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Fire and Casualty 24066 INSURED INSURER B:Ohio Casualty Insurance Company 24074 IBEX Flooring LLC INSURER C: PO Box 7538 INSURER D: Spokane,WA 99207 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. ADDL SUBR POLICY EFF POLICY EXP ILTRRR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X BKA56258417 08/02/2014 08/02/2015 DAMAGE TO REN I ED $ 1,000,000 CLAIMS-MADE OCCUR X X PREMISES R occurrence) MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT PROLOC- PRODUCTS-COMP/OP AGG $ 2,000,000• OTHER: $ AUTOMOBILE LIABILITY (Ea acclideDj a ) 1,000,000 LIMIT $ 1,000,000 A X ANY AUTO X X BAA55159457 08/02/2014 08/02/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOSED PROPERTY DAMAGE $ AUTOS X HIRED AUTOS X (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 B EXCESS UAB CLAIMS-MADE US055159457 08/02/2014 08/02/2015 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PPERTUTE ETH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A WA Stop Gap BKA56258417 08/02/2014 08/02/2015 $1M/51 M/$1 M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) III RE: Center Place Administration Carpet Replacement Project Where required by written contract the City of Spokane Valley is included as additional insured(except on workers comp)on a Primary and Non-Contributory basis with Waiver of Subrogation,Per Project Aggregate Limits and Completed Operations per attached forms CG8810,CG8870,CG9044 and CA8810. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague AVE STE 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD IBEX FLOORING LLC Page 1 of 2 Washington State Department of 1 Labor & Industries IBEX FLOORING LLC PO BOX 7538 Owner or tradesperson SPOKANE,WA 99207 MYERS, NATHAN BENJAMIN 509-327-3331 Principals SPOKANE County MYERS, NATHAN BENJAMIN, PARTNER/MEMBER MYERS, ASHLI CATHRYN, PARTNER/MEMBER Doing business as IBEX FLOORING LLC Business type WA UBI No. 602 653 391 Limited Liability Company ILicense Verify the contractor's active registration/license/certification (depending on trade) and any past violations. Construction Contractor Active. Meets current requirements. License specialties GENERAL License no. IBEXFFL944Q9 Effective—expiration 12/06/2006-12/06/2014 Bond CBIC $12,000.00 Bond account no. FB4044 Received by L&I Effective date 11/19/2010 11/16/2010 Expiration date Until Canceled Bond history Insurance American Fire&Casualty Co $1,000,000.00 Policy no. BKA56258417 Received by L&I Effective date 09/16/2014 08/02/2014 .x7a rrc ,hrPrifvmPta;1 acnx?TTRT=602653391&LIC=IBEXFFL944Q9&SAW=False 9/23/2014 IBEX FLOORING LLC Page 2 of 2 Expiration date 08/02/2015 Insurance history. Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 969,461-02 Doing business as IBEX FLOORING LLC Estimated workers reported Quarter 2 of Year 2014"21 to 30 Workers" L&I account representative T1 /IDA HAYNES(360)902-5635-Email: HAYN235@lni.wa.gov Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. Citation issue date 02/14/2013 Violations Inspection no. 316576099 Location 280 Valley Mall Parkway East Wenatchee,WA 98802 ©Washin ton State Dept.of Labor&Industries.Use of this site is subject to the laws of the state of Washington. Acuss https://secure.lni.wa.gov/verify/Detail.aspx?UBI=602653391&LIC=IBEXFFL944Q9&SAW=False 9/23/2014 RLI® RLI Insurance Company PERFORMANCE BOND P.O.Box 3967 Peoria IL 61612-3967 Phone:(309)692-1000 Fax:(309)683-1610 Bond No. LSM0027807 KNOW ALL MEN BY THESE PRESENTS: That IBEX Flooring.LLC (Here insert the name or legal title of the contractor) PO Box 7538 Spokane,WA 99207 (Here insert the address of the contractor) as Principal,hereinafter called Contractor,and RLI Insurance Company ,an Illinois Corporation,as Surety,hereinafter called Surety,are held and firmly bound unto City of Spokane Valley (Here insert the name of the owner) 11707 E. Sprague.Ste. 106 Spokane Valley.WA 99206 as Obligee,hereinafter (Here insert the address of the owner) called Owner,in the amount of Four Thousand Two Hundred Nineteen and 73/100 Dollars( $ 4,219.73 ),for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated entered into a Contract with Owner for CenterPlace Administration Carpet Replacement Project in accordance with drawings and specifications prepared by (Full name of architect or engineer) which contract is by reference made a part hereof,and is hereafter referred to as the Contract. NOW,THEREFORE,THE CONDITION-OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligation thereunder,the Surety may promptly remedy the default,or shall promptly 1. Complete the Contract in accordance with its terms and conditions,or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions,and upon determination by Owner and Surety of the lowest responsible bidder,arrange for a contract between such bidder and Owner and make available as work progresses(even though there should be a default or a s uccession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including others costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term"balance of the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which Contractor ceases work on the Contract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner witltaganggt`ggi� herein or the heirs,executors,administrators or successors of Owner. 411. ..•••....C Signed this 23rd day of September A.D. 2014 . Z. GORP0/ 4pc� •O�' _•. b L 1 • S1�[.i IBEX Flooring,LLC RLI Insurance Compar r-7 <� , (Principal) (Seal) • ' ♦� 44.4'LINOt-ode Cil B /57' y Amy Cat ey--1:‘/ -77:446- Attorney In Fact C0031011-50,0 RL ® RLI Insurance Company POWER OF ATTORNEY P.O.Box 3967 Peoria IL 61612-3967 Phone:(309)692-1000 Fax:(309)683-1610 RLI Insurance Company Bond No. LSM0027807 Know All Men by These Presents: That the RLI Insurance Company ,a corporation organized and existing under the laws of the State of Illinois ,and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Amy Cathey in the City of Spokane ,State of Washington , as Attorney In Fact ,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation,and specifically for the following described bond. Principal: IBEX Flooring,LLC Obligee: City of Spokane Valley Bond Amount: $ 4,219.73 The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company ,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer, or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 23rd day of September , 2014 . ATTEST: RLI Insurance Company OORPOR47.4. IV SEAL I �i�� Cynthia S. 11.hm Assistant Secretary Roy C.Di ' Vice President l,gnunuu•` On this 23rd day of September , 2014 before me,a Notary Public,persona a.peared Roy C.Die and Cynthia S.Dohm ,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary ,respectively,of the said RLI Insurance Company , and acknowledged said instrument to be the voluntary act and deed of said corporation. ; :%e, <_ •1 $ JAcouE1NEMBocKLE: Jac. eline M.Bock Ir Notary Public ILLS INO F COMMISSION EXPIRES 01/14/18 A0006104_SUBS_BID 1 FtL ® RLI Insurance Company LABOR AND MATERIAL PAYMENT P.O.Box 3967 Peoria IL 61612-3967 Phone:(309)692-1000 Fax:(309)683-1610 BOND Bond No. LSM0027807 NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: That IBEX Flooring.LLC (Here insert the name or legal title of the contractor) PO Box 7538 Spokane.WA 99207 as (Here insert the address of the contractor) Principal,hereinafter called Principal,and RLI Insurance Company ,an Illinois Corporation,as Surety, hereinafter called Surety,are held and firmly bound unto City of Spokane Valley (Here insert the name or legal title of the owner) 11707 E.Sprague.Ste. 106 Spokane Valley,WA 99206 (Here insert the address of the owner) as Obligee, hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined,in the amount of Four Thousand Two Hundred Nineteen and 73/100 Dollars( $ 4.219.73 ), for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a Contract with Owner for CenterPlace Administration Carpet Replacement Project in accordance with drawings and specifications prepared by (Full name of architect or engineer) which contract is by reference made a part hereof,and is hereafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance oftheContract, then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon,provided,however,that the Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant shall have given written notice to any two of the following:The Principal,the Owner, or the Surety above named, within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. (b) After the expiration of one(1)year following the date on which Claimant ceased work on said Contract. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof is situated,or in the United States District Court for the district in which the project or any part thereof, Is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment of payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. Signed this 23rd day of September A.D., 2014 *le G ECD 444� Ai As. IBEX Flooring, LLC RLI Insurance Compal11: P'���"RAT*. .7 /} • .1 (Principal) (Seal) • I co ��. ( VS ink, C. By �Ir� / eZ2.7 Amy Cathey t : •• At4148N r'Faot• 4Ry COimver� tn7 I RL a RLI Insurance Company POWER OF ATTORNEY P.O.Box 3967 Peoria IL 61612-3967 Phone:(309)692-1000 Fax:(309)683-1610 RLI Insurance Company Bond No. LSM0027807 Know All Men by These Presents: That the RLI Insurance Company ,a corporation organized and existing under the laws of the State of Illinois ,and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Amy Cathey in the City of Spokane ,State of Washington , as Attorney In Fact ,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 ' Dollars ( $10,000,000.00 ) for any single obligation,and specifically for the following described bond. Principal: IBEX Flooring,LLC Obligee: City of Spokane Valley Bond Amount: $ 4,219.73 The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company ,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary, any Assistant Secretary, Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 23rd day of September , 2014 . �, •,,� ATTEST: ,,es"?9p,NC•Ep°..:* s RLI Insurance Company 0 .111) - SEAL . - Cynthia S.] ohm Assistant Secretary �'<I N 0,,S•:�`'��, Roy C.Di Vice President ,<nnnnua '� •„.. On this 23rd day of September , 2014 before me,a Notary Public,persona a peared Roy C.Die and Cynthia S.Dohm ,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as _ Vice President and Assistant Secretary ,respectively,of the said RLI Insurance Company , and acknowledged said instrument to be the voluntary act and deed of said corporation. • "OFFICIAL SEAL” r P r-r , JACQUELINE M.BOCKLER Jac. eline M.Bock .r Notary Public 5«�°s; COMMISSION EXPIRES 01/14/18 A0006104 BID 2