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15-071.00 Barton Roofing: CenterPlace Roof Repair G-07 ( ( CONSTRUCTION AGREEMENT Barton Roofing THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington("City")and Barton Roofing,("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 Roof Repair 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 &ep-k ( , 10 1.6-W44( 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 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 on a time and materials basis in an amount not to exceed$9,000.00. If unforeseen issues are discovered once the project is underway,the compensation will be adjusted as necessary with the agreement of both parties. 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 at the below stated address. Construction Agreement Page 1 of 6 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: Barton Roofing Phone: (509)921-1000 Phone: (509)535-3768 Address: 11707 East Sprague Ave, Suite 106 Address: 5423 E.Union Spokane Valley, WA 99206 Spokane, WA 99212 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. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees Construction Agreement Page 2 of 6 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 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 performance of the work hereunder by Contractor, its agents,representatives, or employees. Construction Agreement Page 3 of 6 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 include applicable policy endorsements,and the deduction or retention level. Insuring companies or Construction Agreement Page 4 of 6 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. 20.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal Construction Agreement Page 5 of 6 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 /5 day of ,2015. CITY OF SPOKANE VALLEY: Contractor: ")".21- Nl ar K on t City-Managerkj �(Y '`( Owner ATTEST: � APPROVED AS TO FORM: 43e BMJ Christine Bainbridge,City Clerk Office of e City Attorney Construction Agreement Page 6 of 6 RrePO5at EXHIBIT 1 • Barton Roofing LIC.NO.BARTOR*077DD COMPOSITION A Division of Straub Enterprises,Inc. TILE METAL (509) 535-3768 Fax 509-931-5065 CEDAR 5423 E. Union,Spokane,WA 99212 Email: bartonroof(clbartonroof.com PROPOSAL SUBMITTED TO PHONE DATE City of Spokane Valley Parks and Recreation 509-720-5400 5/6/15 STREET JOB NAME 2426 N.Discovery Place Tile Valley Repair CITY, STATE AND ZIP CODE JOB LOCATION Spokane Valley,WA 99216 2426 N.Discovery Place ARCHITECT DATE OF PLANS JOB PHONE WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: Remove tile,battens, and underlayment from two (2)Northernmost valleys. Install "ice and water shield",tile valley metal, and battens(with batten extenders where necessary). Install new lead valley transitions. Reinstall removed tile. The cost for this repair would be on a time and material basis using Spokane County Prevailing Wage Rates. We believe this repair will take two roofers 4-5 days to complete and will cost between$7,500.00 and$9,000.00. Bid excludes: Snow and ice removal Mechanical and Plumbing flashing(We will install if provided while roofing). References upon request PAYMENT TO BE MADE AS FOLLOWS: r..,. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED ALL WORK TO BE COMPLETED IN A WORKMANLIKE g Ny4y apna by Rrvei TYAi.11G MANNER ACCORDING TO STANDARD PRACTICES ANY ALTERATION OR DEVIATION FROM ABOVE SPECIFICA- AUTHORIZED oV:fsUS.E.ltMnnoff&b.Mveel.— Kevin Townse�d:aeniwmoaro,a=K..mr�.«a TIONSINVOLVINGEXTRA COSTS WILL BE EXECUTED ONLY UPON WRITTEN ORDERS AND WILL BECOME AN SIGNATURE r.,.._;.S_',ains.cs lo:xusarnc EXTRA CHARGE OVER AND ABOVE THE ESTIMATE ALL AGREEMENTS CONTINGENT UPON STRIKES ACCIDENTS OR DELAYS BEYOND OUR CONTROL OWNER TO CARRY FIRE TORNADO AND OTHER NECESSARY INSURANCE. OUR WORKERS ARE FULLY COVERED BY WORKMEN'S COMPENSATION INSURANCE. NOTE:THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS Acceptance of Proposal SIGNATURE • T HE ABOVE PRICES SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED.PAYMENT WILL BE MADE AS OUTLINED ABOVE. DATE OF ACCEPTANCE: 5/7/2015 BARTON ROOFING Home T1ULiq ear.Espanol Contact Search L&I A-Z Index Help My Secure I&I Safety Claims&Insurance Workplace Rights Trades&Licensing Washington State Department of Labor & Industries BARTON ROOFING Owner or tradesperson 5423 E UNION STRAUB,WILLIAM JAY SPOKANE,WA 99212 509-535-3768 Principals SPOKANE County STRAUB,WILLIAM JAY,PRESIDENT STRAUB,CHERYL BONESTEEL,SECRETARY Doing business as BARTON ROOFING WA UBI No. Business type 601 443 007 Corporation License Verify the contractors active registration/license/certification(depending on trade)and any past violations. Construction Contractor Active. Meets current requirements. License specialties GENERAL License no. BARTOR*077DD Effective—expiration 03/04/1993—02/01/2016 Bond CBIC $12,000.00 Bond account no. 634796 Received by L&I Effective di 02/28/2002 03/01/2002 Expiratipn date Until Canceled Insurance Berkley Regional Specialty Ins $1,000,000.00 Policy no. CGL000287129 Received by L&I Effective date 02/27/2015 03/01/2015 Expiration date 03/01/2016 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. .aa...,.ii_.._.._..i..:...___..r......:c.m..a..: ........nI ioi_C 4nonnr701 1/,_oAOTno*nrinnc.0ACAi—cni..e. 1/4 5/7/2015 BARTON ROOFING L&1 Tax No debts &__axdebts ts are recorded for this contractor license during the previous 6 year period,but some debts may be recorded by other agencies. License Violations No Incense 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. 839,470-00 Doing business as BARTON ROOFING Estimated workers reported Quarter 1 of Year 2015"11 to 20 Workers" L&I account representative T4/TERRI MADISON(360)902-4654-Email:KIRT235@Ini.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 08/07/2014 Violations Inspection no. 317385573 Location 1455 Brandi Way Pullman,WA 99163 Citation issue date 04/02/2013 Violations Inspection no. 316581180 Location 6695 Rio Grande Avenue Kennewick,WA 99336 Citation issue date 09/11/2012 Violations Inspection no. 316392976 Location 7307 N Nevada Spokane,WA 99208 Citation issue date 10/29/2010 Violations Inspection no. 314541608 Location 5508 N.Alberta St. Spokane,WA 99205 Citation issue date 08/02/2010 Violations Inspection no. 314480419 Location 221.S.Farr Spokane Valley,WA 99216 - -- 9/3 5/7/2015 BARTON ROOFING Citation issue date 07/07/2009 Violations Inspection no. 313364804 Location 1710 Sonora Spokane Valley,WA 99037 ©Washington State Dept.of Labor&Industries.Use of this site is subject to the laws of the state of Washington. �.. ,, , ;... ,,one; ,inoa.,;t imt=RnldAAnn7RI Ir=RAP TfIR*f)77lf)&SAW=False 3/3 Spokane j 4 19585 BOND NO: CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to Straub Enterprises,Inc.dba Barton Roofing (Contractor), as Principal, a contract for the construction of the project designated as CenterPlace Roof Repair Project, Project No.#15-071 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 Western National Mutual Insurance Company (Surety), a corporation, organized under the laws of Minnesota 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$9,000.00 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 hannless 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(CONTRACTOR) URETY Stra b Enterpris ,Inc.dba Barton Roofing I ern Na 'onal Mutu 1 Insurance Company s8 s ,w-lam �1/6` to , , - 01.i(.0.015 Principal Si atur/e Date Surety Signature Date Olh 91x'1 I 5`f A i 4 Charla M.Boadle -' Printed Nam Printed Name ( .n/ Attorney-In-Fact Titlerir Title Name,address,and telephone of local office/agent of Surety Company is: Moloney O'Neill/Alliant Insurance Services,Inc. 818 West Riverside Avenue#800,Spokane WA 99201 Updated 1.14.2013 spo� jt BOND NO: 19585 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 Straub Enterprises,Inc.dba Barton Roofing (Contractor), as Principal, a contract for the construction of the project designated as CenterPlace Roof Repair Project, Project No.#15-071 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 Western National Mutual Insurance Company (Surety), a corporation organized under the laws Minnesota 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 finely bound to the City of Spokane Valley,as Obligee,in the sum of$ 9,000.00 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. PRINCIPAL(CONTRACTOR) SURETY Strathnterpri s,In dba Barton Roofing s rn National Mutua Insurance Company , .[.lA 7l6A' � tY) �;I.!-.aa Principal/ LS. ature Date Surety Signature Date Neill/ Sck-4, {4 Charla M Boadle Printed NaAe o ^' Printed Name ealia '"""U • Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Moloney O'Neill/Alliant Insurance Services,Inc. 818 West Riverside Avenue#800,Spokane WA 99201 Updated 1.14.2013 • WCSTERN NATIONAL Im6VWtmC[ — — Te mica:mthip company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make,constitute and appoint: Charla M. Boadle, Patricia M. Wachteri Cathie Hamlin, Dan tomain, Mark L. Roff, Tim Warner, Jeff O'Neill (#009437 Molo'ri�eV&O'NaiiI) �� �h Its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds),as follows: All written instruments in an amount not to exceed an aggregate Of -RIMAI110.13 and no/100—Dollars ($5,000)01100) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice presiden't in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined'"or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice pr-_esident, and attested and sealed (if a seal be required) by any secretary or assistant secretary;or (ii) when signed by the president, any vice president or asstta yule president, secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of�I�any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal When soused shall have tine same force and effect as though manually affixed. IN WITNESS WHEREOF,Western National Mutual Insurance C'n4npartil'y has'Caused the presents to be signed by its proper officer and its corporate seal to be affixed this 4th day of February ,2014. 461‘ % SEA ‘31‘471 Jon R. Hebeisen, Secretary Larry A. Byers, Sr.Vice President STATE OF MINNESOTA,COUNTY OF DAKOTA On this 4th day of February. 2014, personally came before mei Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insuran' Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn,did severe ly dispose and say;that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. JENNIFER AYOUNG NOTARY PU811 MINNESOTA. IAirCoarariaaEao6odue.$1.1001/ ' _ Jennifer A.Young, Notary Public My commission expires January 31.2016 CERTIFICATE • I, the undersigned, assistant secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. I i, .moo i�;♦ 1 �oyy�u =5':SEAL° Signed and sealed at the City of Edina,MN this . -`day of Oi l(1 L 3O IS. Jennifer_A.Young,Assistant Secretary BARTROO-01 DHOSKINS AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/15/2015 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 ' NAME: RECEIVED CONTA +CT Jill Williamson,CIC AAI,ACSR Moloney O'Neill/Alliant Insurance Services Inc. (PHONE 509 325-3024 FAX No):(509)325-1803 818 W.Riverside,Ste 800 (A/C,No,Ext):( ) E-MAIL WilIiamson mo-ins.com Spokane,WA 99201 v 2615 DDRESS:.1 i INSURER(S)AFFORDING COVERAGE NAIC# !PARKS&RECREATION DEPT INSURER A:Berkley Regional Specialty Insurance Co 31295 INSURED 9NSURERB:Ohio Security Insurance Company 24082 Straub Enterprises Inc.dba Barton Roofing INSURER C: 5423 E Union Ave INSURER D: Spokane,WA 99212 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PREMISCGL000287129 03/01/2015 03/01/2016 DAMAGEES(S()EaRENTEDoccurcence) $ 100,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PROPRODUCTS-COMP/OP 2,000,000 OTHERPolicy LOC EMPLOYERS LIABI G $ 1,000,000 OTHER: AUTOMOBILE LIABILITY (EaCOMBINEDSINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO BAS54997607 03/01/2015 03/01/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULEDBODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE X- X NON-0WNED (Per accident) —$ HIRED AUTOS AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE C0004936123 03/01/2015 03/01/2016 AGGREGATE $ 1,000,000 DED X RETENTIONS 10,000 $ PER OTH- ND WORKERS EMPLOYERS' COMPENSATION ILI STATUTE ER AND PROPRIETOR/PARTNER/EXECUTIVE AR NITY Y/N 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE CGL000287129 03/01/2015 03/01/2016 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A1,000,000 (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mom space Is required) City of Spokane Valley is additional insured with respects to general liability for the ongoing and completed operations of the named insured. Coverage is Primary and Non-Contributory. Per Project Aggregate applies. Please reference attached forms. 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 Spokane,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CGL 0002871 - 28 03/01/14 POP 03/11/14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFQLLY. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - AUTOMATIC STATUS WHEN REQUIRED S(Including CONTRACT o pleted OR This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Date: 03/01/2013 A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization additional insured withrespect liability for "boily injury", "propertydamage" "personal and advertising injury" caused, in whole or in part, by: acting on our 1. Yourbehalfacits orn the operfoormamissinsnce rofthyourctongoingisoperations for thee as or omsions of those additional insured; or 2. "Your work" and included in the "products-completed operations hazard". But only for: 1. Limits of insurance specified in such written contract or agreement, but in no event for limits of insurance in excess of the applicable limits of insurance of this policy; and 2. "Occurrences" or coverages not otherwise excluded in the policy to which this endorsement applies. tion B. Statusasan leesticommencesinsured durinfor the g the person ggolicperiodaandaaftertsuch written endorsementwhich this applies contract or agreement has been executed. C. The following is added to 4.a. of Other Insurance of Section IV - Commercial General Liability Conditions: If required in a written contract, your policy is primary and noncontributoryin in the event of an "occurrence" caused, in whole or in part, your omissions, or the acts or omissions of those acting on your behalf that occurs while performing ongoing operations for the additional insured. D. With respect to the insurance afforded to the additional insured, the following exclusion applies: This insurance does not apply to "bodily injury" or "property damage" included in the "products-completed operations hazard" and arising out of "your work" that was completed by or on behalf of any insured prior to the date shown in the Schedule. All other terms and conditions of this policy remain unchanged. BRB070 (07/09) Includes copyrighted material of Insurance Services Office, Inc., with its permission Nisei of 1 CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. Makin READ IT CAREFULLY. DIGA� CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated construction Projects: All Construction Projects Where General Aggregate Limit of Insurance is Required by Contract. Maximum Per Policy General Aggregate Limit: $5,000,000 (If no in the Declarations above, information ro uiredetto oocomplete?this endorsement will be A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I) , and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to eachdesignated Aggregate Limitnshownein,thedDeclarations.nd that limit s equal to the amount of theGeneral 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard°, and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or e. Persons or organizations making claims or bringing "suits".. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project GeneAgshgregno Limit for that designated construction project. Such payments l reduce the General Aggregate Limit shown in the Declarations nor shall they any uoce therndesignatedother econstructionsprojectt shownein thect eSchedral ugleeaabovegate Limit for 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expensexcontinue to apply. However, instead of being subject to the General Designated ConstruuctionaProject,GeneraliAits Aggregate Limilt..ject S. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I) , and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liabilitya arising fort of damages becausesof "bodilyleted operationsuryr hazard is provided, any payments "propertydaage" included in the "products-colleted operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce 20the P.p. 1 copyright, Ifo Camerel.l 11111101:1. r.rvicss, Inc., 1996