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15-037.00 WM Smith & Associates: Valley Mission Pool Painting IC;-'37 CONSTRUCTION AGREEMENT W. M. Smith&Associates,Inc. THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and W. M. Smith & Associates, Inc., ("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 Valley Mission Park Pool Tank Painting 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 June 1, 2015. 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 $37,000.00, plus Washington State Sales Tax of $3,219.00, for a total of$40,219.00, 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 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: W. M. Smith&Associates,Inc. Phone: (509)921-1000 Phone: 1-800-426-9460 Address: 11707 East Sprague Ave, Suite 106 Address: PO Box 398 Spokane Valley,WA 99206 Ellensburg,WA 98926 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&P'). 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/wage lookup/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. 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 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 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 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. 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 f� fittli The Parties have executed this Agreement this day of ril, 15. CITY OF SPOKANE VALLEY: Contractor: AIP' %tiff/ /() Mike Jackson, t ty Manager Owner ao•K ATTEST: APPROVED AS TO FORM: , � l Chris me Bainbridge, City Clerk Office o the City'A rney Construction Agreement Page 6 of 6 EXHIBIT 1 Scalx OF pokane Parks and Recreation Department 2426 N. Discovery Place • Spokane Valley, WA 99216 509.688.0300 ♦ Fax: 509.688.0188 ♦ parksandrec@spokanevalley.org March 16, 2015 Bid Request For City of Spokane Valley Parks & Recreation Department • Project Title: Valley Mission Park Pool Tank Painting • Project Scope/Guidelines: 1. Cover and protect all areas not to be coated. 2. Prepare all pool surfaces for coating as per manufacturer recommendations and standard pool practices. 3. Pressure wash and mask off as necessary. 4. Prepare and caulk seams and cracks as needed. 5. Apply specified materials as per manufacturer recommendations. 6. Workmanship to be guaranteed for a period of one year after acceptance by the City of Spokane Valley. 7. Contractor responsible to verify and determine all measurements, quantities, etc. to complete this project. 8. Project to begin as soon as weather permits and needs to be completed no later than June 1, 2015. 9. Contractor will notify the Director of Parks and Recreation Department of any work that will involve excessive noise, dust or any work that will disrupt adjacent residences. 10.City of Spokane Valley reserves the right to stop work by contractors for any reason deemed to be necessary. 11.Contractor will keep the jobsite clean and free of safety hazards during the entire project. 12.If for any reason work must be stopped by contractor, the Director of Parks and Recreation must be notified. 13.Open flames and combustibles are prohibited unless prior authorization by the Director of Parks and Recreation. 14.Contractor is responsible for any permits that are required for this project. 15.AII applicable permits will be posted on jobsite. 1 EXHIBIT 1 16.All work must be approved by the City of Spokane Valley Parks and Recreation Department and the YMCA prior to completion of project. 17. Contractor will be responsible for any damage done to the facility or its contents. • Project Location: Valley Mission Park Pool is located at 11123 E. Mission Avenue, Spokane Valley, Washington 99206. • Site Inspection: Contractors interested in accessing the project site are invited to view the pool on Monday, March 30, 2015 at 10:00 am. YMCA staff will be present to answer questions. • Bidder Requirements: • This is a prevailing wage public works project. • Contractor will need to provide both a performance and a payment bond. Forms are attached. • Successful contractor will need to have a current City of Spokane Valley business license as well as being licensed and bonded. • Contractor to have a minimum of two pool painting projects completed using ArmorGuard paint. Please provide listing. References may be requested. • The insurance requirements will include naming the City of Spokane Valley as additionally insured and having the following minimum amounts of insurance: a. Automobile Liability - $1,000,000 per accident. b. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 general aggregate and $2,000,000 products-completed operation aggregate limit. • Product Specifications: 1. Main Pool — White ArmorGuard Epoxy Paint — Apply two coats of 15 mil each for a total coverage of 30 mil. 2. Main Pool Lane Lines, Targets and Depth line — Dark Grey ArmorGuard Epoxy Paint— Apply two coats of 15 mil each for a total coverage of 30 mil. • Bid Due Date: Sealed bids need to be delivered to the Spokane Valley Parks & Recreation Department no later than 12:00 PSDT on Friday, April 3, 2015. The Parks & Recreation Department is located within CenterPlace at 2426 N. Discovery Place, Spokane Valley, Washington 99216. • Project Contact: For additional information, please contact Mike Stone, Director of Parks and Recreation at (509) 720-5400 or mstone(a spokanevallev.orq. 2 Si%lane.00.0 Talley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 Parks and Recreation 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhaU@spokanevalley.org March 27, 2015 ATTENTION: All Proposal Holders ADDENDUM NO. 1 Valley Mission Park Pool Tank Painting Project City of Spokane Valley Parks and Recreation Department The following corrections/clarifications are hereby made a part of the Bid Request Document. All proposal submitters are required to base their submittal upon the information furnished in this addendum, and acknowledge receipt of this addendum as required in the Bid Request package. THE FOLLOWING SECTIONS OF THE BID REQUEST PACKAGE FOR THIS PROJECT ARE AMENDED AS FOLLOWS: PRODUCT SPECIFICATIONS Remove all references to ArmorGuard Epoxy Paint. This product is no longer available. Substitute AquaGuard 5000 and 5001 products. AquaGuard 5000 is a top coat and AquaGuard 5001 is the primer. AquaGuard 5000 is a high performance, 100% solids, epoxy phenolic resin that is to be sprayed on 40-60 mils thick. AquaGuard 5001 is a 100% solids epoxy primer. It is a two-component system; Resin and Hardener. It is rolled on. All pool tank prep work and material application is to be completed according to manufacturer's recommendations. END OF ADDENDUM NO. 1 Addendum#1 1 City of Spokane Valley Parks and Recreation Department Valley Mission Park Pool Tank Painting W.M. SMITH & ASSOCIATES, INC, • • Proudly Serving the Aquatic Industry for Over 30 Years! . 800 -426 -9460 • Fax: (509) 962-4751 www.wmsaquatics.com • • • P.O. Box 398 Ellensburg, WA 98926 • Quotation ' Quote For: Valley Mission Park Pool • Quotation# 13336 • 11123 E Mission Ave • Quotation Expires 30 Days From: 3/31/2015 Spokane Valley, WA 99206 Payment Terms: Net 20 • •Prepared by: • SLC • Fax: • Attn: Mike Stone Thank you for the opportunity to bid on swimming pool equipment. • . # 509-720-5400 • W.M. Smith and Associates, Inc is pleased to offer the following price quotation: 1' .tit t ei- x , n i,.. 1�ori t c t.:e5 . eko vt xg__ 'r Ji s,,rqi'.; ,ztk:A'g - r4r - Vt �`. .� �i � �'�-a�� � t tt ,� _„©.moi V �On,e -;��,�. Yard �,afi ��n�W� �.wY kaY:a�:4. QIX{!f(�Q z ; t1`MQEl maty.fnk a 4 4*wv W W,":' . a ;e 1 ,t lti ..:k .. v . z xhG adE aie;� Yuwwaa t.yw4enw ._.... WMS-LOT• 1 Valley Mission Park Pool Tank Painting 37,000.00 37,000.00T Coat Pool with AquaGuard Primer 5001 and 0.00 Top Coat 5000 40-60 mils thick, 10 year • Warranty. Labor and Materials, and Travel. Includes: Bid Scope and Guidelines Items 1-17 • Performance and Payment Bond will be supplied upon award. Please note:ArmorGuard Epoxy Paint that is listed in your bid requirements is no longer • available. • • GSA#GS-07F-5990R • • Subtotal • • $37,000.00 • Sales Tax (8.7%) $3,219.00 Indicate approval by signing here and faxing back to WMS • Total : $40,219.00 Fax.#509-9624751 If there are questions concerning this quotation or you.are ready to place an order, . please contact our Ellensburg office at 800-426-9460. • • THANK YOU! • ` ® ADATE(MM/DD/YYYY) v CERTIFICATE OF LIABILITY INSURANCE 4/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS BELOW.CERTIFICATE OR NEGATIVELY OR COVERAGE THS CERT F CATE OFINSURAN EDO SNOT CONSTITUTE A CONTRACT BETWEEN THEIAFFORDEDPOLICIES ISSUING INSURER(S),UAUTHORIZED ZED 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). I I LLJ L.I V 1_1_1 CONTACT Carol Danell PRODUCER 0 NAME: PLC Insurance, LLC A/CC.Nr o Exn: (425)712-3664 (A/C.No):(425)712-3786 4211 Alderwood Mall Blvd, #210 E-MAIL carold@plcins.corn ADDRESS: ';'ARKS&RECREATION L. INSURER(S)AFFORDING COVERAGE NAIC H Lynnwood WA 98036 INSURER A:American States Insurance Comp INSURED INSURER B: W.M. Smith & Associates, Inc. , DBA: WMS INSURERC: P.O. Box 398 INSURERD: INSURER E: Ellensburg WA 98926 INSURERF: COVERAGES CERTIFICATE NUMBER:15/16 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 200,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR X Y. 02CE231729-2 3/15/2015 3/15/2016 MED EXP(Any one person) $ 10,000 _PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY n,PIF(O.T I I LOC $ AUTOMOBILE LIABILITY (EOMaBIINdentSINGLE LIMIT $ 1,000,000 BODILY INJURY(Per person) $ A ANY AUTO ALL OWNED SCHEDULED 02CE231729-2 3/15/2015 3/15/2016 BODILY INJURY(Per accident) $ AUTOS _ AUTOS — PROPERTY DAMAGE NON-OWNED (Peraccdent) $ X HIRED AUTOS x AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 X 10,000 01SU431661-20 3/15/2015 3/15/2016 $ DED RETENTION$ WC STATU- 0TH- A )(9OC(XOSOMJ IX TORY LIMITS ER AN EMPLOYERS'LIABILITY Y/N ANYY PROPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA 3/15/2016 (Mandatory In NH) 02CE231729-2 3/15/2015E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WA Stop Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) City of Spokane Valley Parks and Recreation are included as Primary Additional Insured, including Waiver of Subrogation for General Liability, for operations performed by, or on behalf the named insured, as per forms CG7680 1002, CG8672 1002, and CG2404 0509 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley Parks and Recreation AUTHORIZED REPRESENTATIVE 2426 N Discovery Place Spokane Valley, WA 99216 t�� Mike Rucker/SHANNB /� ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 r7nlnnst nt Tha Ar npn n2mn and Innn am rnnictorort mmrkc of A('.ARn ""REPRINTEDFROM THE ARCHIVE.THE ORIGINAL TRANSACTION MAY INCLUDE ADOTONALFORMS "" ��'�• Liberty CG 76 80 10 02 f• ' Northwest. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are required by written contract, agreement or permit to provide a primary and non- contributory additional insured endorsement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable princi- organization shown in the Schedule subject to the pies of comparative fault. following provisions: The insurance provided will not exceed the lesser of: 1. The additional insured is an insured but only for liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV -- COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- 2. This insurance does not apply to: leted and replaced by the following: a. "Bodily injury" or "property damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. "Bodily injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard." basis; however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit". erations for that insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if, in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. CG 76 80 10 02 EP AFP-META2-16-PRINT001-2229-01534 8 a ol N c.e. a n C 0rco 0 w N. 0 0 0 r I- t 4013—q, z • c. it es O J 0 t••2 U U. 15 C �6. C W 04¢ C 3 Q 00 �_ ti CC r 0 •• Cay 0 6w d 0 a«� c W Y m W � uQi w 3 Y3 0 It Oso C D 6 0 : x W WCC 0 o �c a to J ( � '00 0 C�?`0 2 6 13 In 0C 0. WW c h- $ 0 0 �o } • 0 I- L Q � � „w .rt W G� i Z a C E 2 a. 0 3 5+ u 4t o t4 0 �w t LU c > ( N00 R 00 0 tc_t 0o .0 U 0C d o cad Cor ( 0 0 0 AO 01 cr . Nvin 0ri0 � . 0 . 0. 0 v 0 Q .4 ,J4 � 41it C wmr, M• 0M C = 30� c rd tri 0..' D02 3 Z ® � 3 0a .1 (OI0 E� (0 0 U FQtu � 0 `o 0 1 cE -moo � z 0 J N o c 0 ai+ m oris 6 6> 0 ,_- ti 0 °� 0 a .. . E g L s. 0i o 14 £ 0 ) 0, 0 Z 0 Ova t+ 0 3 i " ' i Q t W 0 W 0 CG0 cli© Oa 0a 0= 0 r# 2 E at 0 o 2 0 Nov c I0 o �0 E� cn N >. 'a .7 I ,1.). 0 0- U4) 0 0E JJ z L 0 tii Z F 0 0 v- 0.r+r0 C3rO C r0 Zut) c o d } C oaL.r, o t0 '6._ 0 0 a 5±s 0 0 4s 3 > i 4 7, Q oF• O S -' 0 E > 0 0 04.1 /5 co UE10 m. `. 0 :a a C N u 0 0 4 •0 . 0 W 0 a 0 a. I- Z <Aa .J >441 Q ..0 UlC'0O 0 40 11111111111110111111111111111111111111 I POLICY NUMBER: 02CE231729-2 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 4/27/2015 W M SMITH&ASSOCIATES INC Home InicioenEspanel Contact Search L&I ARCH A-Z Index Help My Secure L&I Safety Claims&Insurance Workplace Rights Trades&Licensing Washington State Department of Labor & Industries W M SMITH &ASSOCIATES INC Owner or tradesperson PO BOX 398 SMITH,WAYNE M ELLENSBURG,WA 98926 509-925-4462 Principals KITTITAS County SMITH,WAYNE M,PRESIDENT MCKELLAR-SMITH, GEORGANNE,SECRETARY SMITH,GEORGANNE M (End:01/01/1980) Doing business as W M SMITH&ASSOCIATES INC WA UBI No. Business type 600 334 810 Corporation License 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. WMSMIAI110RQ Effective—expiration 12/18/1989—02/01/2017 Bond MERCHANTS BONDING CO $12,000.00 Bond account no. WA11375 Received by L&I Effective date 11/22/2004 12/01/2004 Expiration date Until Canceled Insurance ............................... American States Insurance Co $1,000,000.00 Policy no. 02CE231729-2 Received by L&I Effective date 02/18/2015 03/15/2015 Expiration date 03/15/2016 Insurance history Savings https://secure.lni.wa.gov/verify/Detail.aspx?U B1=600334810&LIC=WM SM IAI11 ORQ&SAW=False 1/2 4/27/2015 W M SMITH&ASSOCIATES INC 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 LSI S ....... .. 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. 340,331-00 ................................ Doing business as WMS AQUATICS Estimated workers reported Quarter 4 of Year 2014"4 to 6 Workers" L&I account representative T4/TERRI MADISON(360)902-4654-Email:KIRT235tlni.wa.gov Workplace safety and health No inspections during the previous 6 year period. ©Washington State Dept.of Labor&Industries.Use of this site is subject to the laws of the state of Washington. https://secure.lni.wa.gov/verify/Detail.aspx?U 61=600334810&LIC=WM SM All 1ORQ&SAW=False 2/2 Spokane Valley BOND NO: 1117055 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington, in Spokane County,has awarded to W M Smith&Associates Inc(Contractor), as Principal, a contract for the construction of the project designated as VALLEY MISSION PARK POOL TANK PAINTING PROJECT,Project No. 15-037 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 Lexon Insurance Company(Surety),a corporation,organized under the laws of Texas 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$40,219.00 total Contract amount (including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and'effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONT•;'CTOR SURE Y /A} 3�l 5 ►�►� 04/22/2015 Principal ,_ ature Date Surety _ a e Date n P SM C-141 Mercede ' oke -Moud Printed ame Printed Name Prest.clutt Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Integrity Surety LLC (206)546-1397 17544 Midvale Ave N Ste 300,Seattle,WA 98133 Updated 1.14.2013 POWER CF ATTORNEY LX- 243602 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Kara Skinner, Cameron Huntsucker, Mercedes Trokey-Moudy, Jessica Yuhas its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for,and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ 5,000,000.00, Five Million dollars, which the Company might execute through its duly, elected officers,and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 21st day of September,2009. LEXON INSURANCE COMPANY -oa ora° 4,„ y9,+ %4SEAL �1� BY f David E.Campbell A. en ie President ACKNOWLEDGEMENT On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. `„,,,,,,1,,, .� TA - L pV!.._�?oq AMY L.TAYLOR 1, f Notary Public-State of Tennessee BY }ty1 ic Davidson County Am .Taylor My Commission Exoires 01-09-16 Not.ry Public CERTIFICATE I, the undersigned,Assistant Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. ////y�_,,,J� Signed and Seal at Mount Juliet,Tennessee this t Z/I40` Day of /1191-1/1. ,20 lC . • 000.‘N SEAL * BY • eft 44. � Andrew Smith+: Assistant Secretary rFaria- "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties.” Spokane Valley BOND NO: 1117055 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 W M Smith&Associates Inc(Contractor),as Principal, a contract for the construction of the project designated as VALLEY MISSION PARK POOL TANK PAINTING PROJECT,Project No. 15-037 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 Lexon Insurance Company_(Surety), a corporation organized under the laws Texas 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$40,219.00 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 surety. PRINC is (CONT' GTO)) SURETY �,�I + 013 ASA. 04/22/2015 Principal Sir ature Date Surety. at - Date ¶i Merced; I oke -Moud Printed e Printed 7 e Re-SW6.4a— Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Integrity Surety LLC (206)546-1397 17544 Midvale Ave N Ste 300,Seattle,WA 98133 Updated 1.14.2013 POWER OF ATTORNEY LX- 243601 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Kara Skinner, Cameron Huntsucker, Mercedes Trokev-Moudv, Jessica Yuhas its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1St day of July,2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ 5,000,000.00, Five Million dollars, which the Company might execute through its duly elected officers,and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 21st day of September,2009. LEXON INSURANCE COMPANY ; SEAL -<r BY David E.Campbell 7 +�' r President ACKNOWLEDGEMENT On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. AMY L �-'•"•"• L.TAYLOR 4t 1JJJ • 'a c Notary Public-State of Tennessee BY L-011 .Taylor : = Davidson County My Commission Exoires 01-09-16 Public ,,r'rnnntoo CERTIFICATE I, the undersigned,Assistant Secretary of LEXON INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet,Tennessee this la"IDay of Agit-t. ,20 (S . • BY SEAL r *, Andrew Smith oE dry; ;;r •'"a+*,= Assistant Secretary eo•S - "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." Mark Calhoun From: Mike Stone Sent: Monday, May 04, 2015 1:02 PM To: Mark Calhoun Cc: Patty Bischoff Subject: RE: painting of Valley Mission Park Pool Hi Mark, Yes, I am aware that the pool painting cost exceeds the budget. I do plan to cover the excess through reduction in other accounts. Thank you. Michael D. Stone, CPRP Director of Parks and Recreation City of Spokane Valley 2426 N. Discovery Place Spokane Valley, Washington 99216 509-720-5400 509-688-0188 Fax mstone@spokanevalley.org From: Mark Calhoun Sent: Monday, May 04, 2015 11:39 AM To: Mike Stone Cc: Patty Bischoff Subject: painting of Valley Mission Park Pool Mike, In reviewing the contract for painting the Valley Mission Park Pool I note the cost will be$40,219 yet account #001.076.302.576.20.48.01 against which the cost will be charged only has budget authority for$35,000. I assume you're aware of this thought I should bring it to your attention. Is it your plan to cover the extra$5,219 through corresponding reductions in other future expenditures in the Parks&Rec department? Related to this I note the cost of painting the pool at Terrace View in 2013 was$32,067 and Park Road in 2014 was also $32,067. Mark Calhoun,Deputy City Manager City of Spokane Valley 11707 E.Sprague,Suite 106 Spokane Valley,WA 99206 Phone: 509-720-5040 mcalhoun@ispokanevallev.org 1