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17-057.00 Bacon Concrete: 9th Ave Sidewalks I-- i Contract This agreement is entered into this 22—day of 2017, between the City of Spokane Valley ("City")and Bacon Concrete, Inc. ("Contractor"),pur ant to Title 35 RCW, as adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties agree as follows: • I. The Contractor shall do all work and furnish all tools,materials,and equipment for: 9th Ave. Sidewalk Project#0250 Contract 17-057 in accordance with and as described in the project plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City by reason of entering onto this contract, except as provided herein. V. The project was awarded for the bid amount of$170.658.00. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the date below, and the City has caused this instrument to be executed on the date stated above. City of Spokane Valley 14 Contract Forms 9th Ave Sidewalk Project Contract 17-057 P- Executed by Contractor g— , 2017. Date C�-�z-1✓Com- ��G� Printed Name Title Signature City of Spokane Valley Mark Calhoun Printed Name City Manager Titley Signature Retired City of Spokane Valley 15 Contract Forms 9'h Ave Sidewalk Project Contract 17-057 0216$$$Nla raft Spolcane 40 . BOND NO: B 1240677 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Bacon Concrete, Inc. (Contractor), as Principal, a contract for the construction of the project designated asAve. Sidewallifmiect No. Mg 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 The Cincinnati Insurance Company (Surety), a corporation, organized under the laws of OH 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$ 170,658.00 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(CO TOR)7S he Cincinnati I urancs¢o�iapany ,r'� N � /15/20(� �/,L.. /// /�` /8/17 ignatnre Date Surety Signature =—_ Date; Cr jP!_D Patrick McNamara --: �` Printed Name Printed Name %j-;; •_. �.- . President Attorney in Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Wheat&Associates PO BOX 3548 Spokane WA 99220 509-922-2937 Revised 1.14.13 City of Spokane Valley 16 Contract Forma 91'Ave Sidewalk Project Contract 17-057 • • • THE CINCINNATI INSURANCE'COMPANY • • Fairfield,Ohio • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That 1HE CINCINNATI INSURANCE COMPANY,a corporation organized under the laws of the State of Ohio,and having its principal office in the City of Fairfield,Ohio,does hereby constitute and appoint Zac Wheat; Tena M. Wheat; Derek M. Collett; Kathy M. Whipple;' Stacy Breithaupt; Patrick McNamara; Shellie Duncan; Brendon Nepon and/or Alia Bakke • of Spokane, Washington its true and lawful Attorney(s)-in-Fact to sign,execute, seal and deliver on its behalf as Surety,and as its act and deed,any and all bonds,policies,undertakings,or other like instruments,as follows: Any such obligations in the United States, up to Fifteen Million and No/100 Dollars ($15,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6"' day of December, 1958, which resolution is still in effect: • "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with br without cause modify or revoke•any such appointment or authority.Any such:writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected •— officers of the Company." • This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7'h day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary or'Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed • and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." • IN WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 106 day of May,2012. sa In,y,„ • THE CINCINNATI INSURANCE COMPANY d CORPORATE o • a,SEAL • ��� ��`� • OH10 Vice President STATE OF OHIO ) ss: • COUNTY OF BUTLER ) • On this 10"day of May,2012,before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein,and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. • Aft 1 „1 11,y.. MARK J.H LLER Attorney•at Law VP). 1 NOTARY PUBLIC-STATE OF 01110 + 1. CMy commission has no expiration ?lops date.Section 147.03 O.R.C. I,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY,hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of ea '70 /6/14- /// 0CORPORATE e s: SEAL ; • Assistant Secretary .4 - OHIO BN-I005 (5/12) Ro® CERTIFICATE OF LIABILITY INSURANCE DATE) 05/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY NAME: CLIENT CONTACT CENTER PHONE FAX HOME OFFICE: P.O.BOX 328 (A/C,No,Ext):888-333-4949 (A/C,No):507-446-4664 OWATONNA,MN 55060 ADDRESS:CLI ENTCONTACTCENTER(a1FEDI NS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 385-038-5 INSURER B: BACON CONCRETE INC INSURER C: 4306 E ROWAN AVE SPOKANE,WA 99217 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1 REVISION NUMBER:1 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 OF INSURANCE ADDL SUBR POLICY NUMBER POUCY EFF POLICY EXP UNITS LTR TYPEINSR WVD (MM/DDIYYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL UABIIJTY EACH OCCURRENCE $1,000,000 AGED CLAIMS-MADE X OCCUR PREMISES ETO a occurrence) $100,000 MED EXP(My one person) EXCLUDED A Y N 9803980 12/31/2016 12/31/2017 PERSONAL a ADV INJURY $1,000,000 GEN'L AGGREGATE OMIT APPUES PER: GENERAL AGGREGATE $2,000,000 ._POLICY JECT LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) A OWNED AUTOS ONLY _AUTOSULED N N 9803980 12/31/2016 12/31/2017 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Peracddent) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $1,000,000 A EXCESS LIAR CLAIMS-MADE N N 9803982 12/31/2016 12/31/2017 AGGREGATE $1,000,000 —4 DED RETENTION PER STATUTE OER AND EMPLOYERS'LIABILITY y/N ANY PROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT $1,000,000 A OFFICER/MEMBER EXCLUDED? NIA N 9803980 12/31/2016 12/31/2017 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $1,000,000 IT yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POUCY UMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached IT more space Is required) STOP-GAP (EMPLOYER'S LIABILITY) COVERED STATE(S) WA THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOUR ENDORSEMENT FOR GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION 385-038-5 1 1 CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11707 E SPRAGUE AVE STE 106 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SPOKANE VALLEY,WA 99206-6124 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ® 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract 1. "Bodily injury', "property damage" or or agreement that such person or organization be added as an additional insured on your policy. "personal and advertising injury" arising out Such person or organization is an additional of the rendering of, or the failure to render, insured only with respect to liability for "bodily any professional architectural, engineering or injury", "property damage" or 'personal and surveying services, including: advertising injury"caused,in whole or in part,by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve,maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications;or in the performance of your ongoing operations for b. Supervisory, the additional insured. P ry, inspection, architectural or engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence"which caused the required by the contract or agreement to "bodily injury" or "property damage", or the provide for such additional insured. offense which caused the "personal and A person's or organization's status as an advertising injury", involved the rendering of or additional insured under this endorsement ends the failure to render any professional when your operations for that additional insured architectural, engineering or surveying services. are completed. © Insurance Services Office,Inc.,2012 Page 1 of 2 CG 20 33 0413 Policy Number 9803980 Transaction Effective Date:04-24-2017 FerV'j.ieift,tt4}t.-' farm?,rr Y;vav tg...' riai`j::ti v . 2. "Bodily injury" or "property damage" C. With respect to the insurance afforded to these occurring after: additional insureds, the following is added to a. All work, including materials, parts or Section III-Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or 2. Available under the applicable Limits of b. That portion of "your work" out of which Insurance shown in the Declarations; the injury or damage arises has been put to its intended use by any person or whichever is less. organization other than another contractor This endorsement shall not increase the or subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 © Insurance Services Office, Inc.,2012 CG 20 33 0413 Policy Number.9803980 Transaction Effective Date:04-24-2017 SAM Search Results List of records matching your search for : Search Term : bacon* concrete* Record Status: Active tia'AOFAVTIM Bacon Concrete Inc Status:Active DUNS: 144250198 +4: CAGE Code: 7FDZ5 DoDAAC: Expiration Date: Jul 27, 2017 Has Active Exclusion?: No Delinquent Federal Debt?: No Address: 16510 N Brannon Ln City: Spokane State/Province: WASHINGTON ZIP Code: 99208-8750 Country: UNITED STATES May 18,2017 4:26 PM Page 1 of 1