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18-008.00 Inland Asphalt: Sprague Ave Sullivan to Corbin Contract This agreement is entered into this Ili day of 1-11)n I , 2018" , between the City of Spokane Valley ("City") and Inland Asphalt ("Contractor"), pursuant 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: Sprague Avenue Preservation Project—Sullivan to Corbin #0248 Contract 18-008 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, apd 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$1,458,803. 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 CONTRACT SPRAGUE AVENUE PRESERVATION PROJECT 27 BID NO: 18-008 Executed by Contractor MA'WJ 30 , 2018. Date IquG,/34.--105 Printed Name -,A4_°GT7 /`/4..1 GiZ Title p If Will Sigpi 41111. City of Spokane Valle, JONA/ ,Ni14^/ Printed Name F1GCity Manager At42_K cgcM�•,.✓ Title Si. - re Revised 1-8 '6 CITY OF SPOKANE VALLEY CONTRACT SPRAGUE AVENUE PRESERVATION PROJECT 28 BID NO: 18-008 atrc>F kalcoolt .. BOND NO. 9281246 CONTRACTOR'S PAYMENT BOND(FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Washington, in Spokane County, has awarded to Inland Asphalt Company(Contractor), as Principal, a contract for the construction of the project designated as Sprague Avenue Preservation Project— Sullivan to Corbin, Project No.0248 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)and chapter 60.28 RCW. . The Principal, and Fidelity and Deposit Company of Maryland (Surety), a corporation organized under the laws of Maryland and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Siff 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$1,458,803.00 total Contract amount, subject to the provisions herein. This payment bond shall cover any and all taxes incurred pursuant to Titles 50 and 51 RCW,taxes imposed on the Principal pursuant to Title 82 RCW,and any additional sales taxes. This payment bond shall become nut and void, if and when the Principal, its heirs, executors, administrators, successors,or assigns shall pay all persons in accordance with chapters 39.08, 39.12.and 60.28 RCW,Including at workers, laborers, mechanics, subcontractors, and materialmen,and all persons who shot supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;shall pay all taxes due pursuant to Tides 50,51,and 82 RCW;and shall Indemnify and hold harmless the Obligee from all loss,cast or carnage 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 a.ly be a• . =, 1 it accompanied by a fully executed and original power of attorney for the officer executing on - ,A •f I- - PRdI�CiPA ,, "'i i, r� SURETY c_ Inland Asp . .. pan " j // Fidelity ani I-.. :.ny of Maryland ° Ir v l✓l _ 0 /g 3/30/2018 Principal Signature 0 e `"fir:attire Date '1' 4`2V-µ < �,L'S___ •_ ' da Nipper y _ _- `+ Printed Name Printed Name _411&5171-ti CTp") f.9,44' C Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Marsh USA Inc. 15 W. South Temple,Ste.700,Salt Lake City, UT 84101 801-533-3624 Revise.;1,14 13 CITY OF SPOKANE VALLEY CONTRACT SPRAGUE AVENUE PRESERVATION PROJECT 29 BID NO:18-008 Slia.a 14'2 i‘riets16 ' Vall eY .max BOND NO: 9281246 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington, in Spokane County,has awarded to inland Aspnait Company(Contractor,, as Principal. a contract fo: the construction of the project designated as Sprague Avenue Preservation Project— Sullivan to Corbin No 0248 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!A htnaon(RCW). The Principal, and Fidelity and Deposit Company of Maryland (Surety), a corporation, organized under the laws of Maryland anc licensed to do busr,ess 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 joint'y and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of g 1,458,803.00 total Contract amount (including Washington State sales tax),subject to the provisions herein This performance boric shall become null and void, if and when the Principal, its ne.lrs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under tine Contract and fulfill all the terms and•conditions of ail duly authorized modifications, additions, and changes to said Contract that may hereafter be made. at the time and in the manner therein specified, snail warranty the lark as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the viorama•ship and materials incorporated Into the work for the period identified in the Contract;and if such performance°Nidations have not been fulfilled,this bond shail 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 11w Contract or the work performed. The Surety agrees that modifications ani,'changes to the terms arid conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on tris bond and notice to Surety is not rewired for such increased o±lig atie n. This bond may be executed in two original counterparts, arid shall be signori 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 4.- 'i. the =PRINCIPA ,t r / SURE Pr - -- Inland A . ••,y..y�i Fidelity a • •-:= ' •mpany of Maryland- � ►/�:! . .SO 8 3/30/2018 • Principal rnatu r' e . Sign Date - - - �`'�/ Lin a upper • Prfn ed Name Printed Name raakaa.71'pia) MI446"riL Attorney-in-Fact Tine Title Name,address,and telephone of local office/agent of Surety Company is: Marsh USA Inc. 15 W.South Temple,Ste.700,Salt Lake City, UT 84101 801-533-3624 • CITY OF SPOKANE VALLEY Y CONTRACT SPRAGUE AVENUE PRESERVATION PROJECT 30 x311 N0:16-008 t. t State of UT County of Salt Lake ss: On March 30, 2018 ,before me,a Notary Public in and for said County and State,residing therein,duly commissioned and sworn,personally appeared Linda Nipper known to me to be Attorney-in-Fact of Fidelity and Deposit Company of Maryland the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. • I I My Commission Expires 3/13/2019 Lisa Hall Notary Public ti. USA HALL 9 Noary r uuliC r •!`^ of Utah Comm. No.681511 "°" My Comm.Expires Mar 13,2019 . • , , ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Thomas O.McClellan,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,and appoint Linda Nipper of Salt Lake City,Utah , its true and lawful agent and Attorney- in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 14th day of October,A.D.2015. ATTEST: 4(# w a ZURICH AMERICAN INSURANCE COMPANY %�Gr� I1 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0.24.41 By: Thomas O.McClellan By:Eric D.Barnes Vice President Secretary State of Maryland County of Baltimore On this 14th day of October, A.D.2015, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Thomas O. McClellan,,Vice President and Eric D.Barnes,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. • v„rruuttr it hr1r11Ar1t1R yew By:Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 b p 1 .f EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings,or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 30th day of March , 2018 s tib 47 '1.7) - By: Gerald F. Haley,Vice President ' . • Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND.EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE LISTED,ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that Inland Asphalt Company CPM Development Corporation dba NAME AND e! PO Box 3366 ADDRESS ���1�' .i ® Spokane, WA 99220-3366 OF INSURED f I NS U RAN C E is.at the Issue date of this certificate.insured by the Company under the policy(ies)listed below.The insurance afforded by the listed policy(ies)is subject to all their terms.exclusions and Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY 0 CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY ❑EXTENDED m POLICY TERM WORKERS 9/1/2018 WA7-C8D-004095 027 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION WC7-C81-004095-017 WA 'WYates except OH,ND, Bodily Injury by Accident $1,000,000 gaci,Accident -017:WI Bodily Injury By Disease $1,000,000 poll,Limit Bodily Injury By Disease $1,000,000 Each Nina COMMERCIAL 9/1/2018 TB2-C81-004095-117 General Aggregate GENERAL LIABILITY $2,000,000 IA OCCURRENCE -Per Project Aggregate included Products/Completed Operations Aggregate $2,000,000 ❑CLAIMS MADE Each Occurrence $2,000,000 RETRO DATE Personal&Advertising Injury $2,000,000 Per Person/Organization Other Other Damage to Premises Rented to Medical Exp:$50,000 You:$250.000 AUTOMOBILE 9/1/2018 AS2-C81-004095-127Each Accident—Single Limit LIABILITY $2,000,000 B.I.And P.D.Combined IA OWNED Each Person 121 NON-OWNED Each Accident or Occurrence El HIRED Each Accident or Occurrence OTHER 9/1/2017-9/1/2018 -AS2-C81-054502-527 -Physical Damage only -Automobile policy -$10,000 Comp -$10,000 Coll -Excess Workers 9/1/2017-9/1/2018 -EW7-68N-004095-347 SIR$250,000 Compensation and Employers (WA) Excess WC-$250,000,000(includes WA stop gap)/EL-$750,000 Liability Per OCC. ADDITIONAL COMMENTS RE: Sprague Avenue Preservation Project,Contract No. 18-008 City of Spokane Valley is included as additional insured with respect to the above referenced project. Coverage is primary and non-contributory. Waiver of subrogation applies. •If the certificate expiration date is continuous or extended term,you will be notified if coverage Is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE Liberty Mutual INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: 1 /• cc�- City of Spokane Valley )0:14-iii--)1Valerie Reece 10210 E. Sprague Ave. Fairfield/049C AUTHORIZED REPRESENTATIVE a C 9 Spokane Valley, WA 99206 9450 Seward Road Fairfield OH 45014 800-332-3226 4/3/18 JOFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10 37369174 1114_44 19/17-9/18 - WA 2/2 I Donna Smitala 18/23/2017 7:55:31 AM (CDT) I Page 1 of 1 LDI COI 268896 02 11 • POLICY NUMBER:TB2-C81-004095-117 COMMERCIAL GENERAL UABIUTY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modiifiies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section li — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily igjury", "property maintenance or repairs)to be performed by or damage" or "personal and advertising injury" on behalf of the additional insureds) at the caused,in whole or in part,by: location of the covered operations has been 1. Your acts or omissions; or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work' out of which the behalf; injury or damage arises has been put to its in the performance of your ongoing operations for intended use by any person or organization the additional insured(s) at the location(s) other than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part of the same project. However. C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section ill—Limits Of insurance: law;and If coverage provided to the additional insured is 2. if coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the Insurance afforded to such additional Insured will amount of insurance: not be broader than that which you are required 1. Required by the contract or agreement or by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to 'bodily injury" or applicable Limas of Insurance shown in the "property damage" occurring after. Declarations. SCHEDULE Name Of Additional insuried Person(s) Location(s)Of Covered Operations Or Organization(s): Any owner,lessee,or contractor for whom you have Any location listed in such agreement agreed in writing prior to a loss to provide liability insurance Information required to complete this Schedule,if not shown above, will be shown in the Declarations. CG 2010 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 Policy Number. T82-C81-004095-117 issued by: LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY—SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: My person or organization for which such coverage Is required by written contract with the Named insured If you are obligated under a written agreement to provide liability insurance on a primary,excess, contingent,or any other basis for any person or organization shown In the Schedule that is an additional insured on this policy, this policy will apply solely on the basis required by such written agreement If the applicable written agreement does not specify on what basis the Ilabilrty insurance will apply,this Insurance shall be excess over any other valid and collectible insurance available to the addltional Insured,whether such Insurance is on an excess,contingent or primary basis.Condition 4 Other Insurance of Section IV Is revised accordingly. LD 2410 0611 tl;r 2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of insurance Services Office, Inc.,with its permission. POLICY NUMBER:TB2-C81-004095-1 17 CONIfVERCIAL GENERAL LIABILITY CG 2404 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 LIABILITYCOVERAGE PART 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 ih the Schedule below 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 below. SCHEDULE Name Of Person Or Organization: As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule,if not shown above, will be shown in the Declarations. • CG 24 04 05 09 C Insurance Services Office, Inc.,2008 Page 1 of 1