19-062.00 Inland Asphalt: Argonne Preservation Valleyway to Broadway Contract No. 19-062
CONSTRUCTION AGREEMENT
Inland Asphalt Company
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 Inland Asphalt Company,("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 Argonne Road
Preservation-#0284 Project (the "Work") in accordance with documents described in Exhibit A and in
accordance with this Agreement(which are by this reference incorporated herein and made part hereof and
referred to as 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 to the City's
satisfaction, provided for in the Contract Documents, 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 existmg 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 within the times specified in the Contract Documents, as may be
extended in accordance with this Agreement and the Contract Documents.
3. Liquidated Damages. Time is of the essence for this Agreement. 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 consistent with Section 1-08 9 of the Contract Documents.
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$220,000.00(Two Hundred Twenty Thousand Dollars),
0284 Argonne-Construction Agreement#19-062 Page 1 of 10
which includes Washington State Sales Tax(if applicable),based on the bid submitted by Contractor(Exhibit
B),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
at the address stated in paragraph 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 for that portion of the work(if any)which is
determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract
Documents, City standards, City Code,state standards, or federal 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: Tony Via, Construction Manager
Phone: (509) 720-5000 Phone (509) 534-2657
Address. 10210 East Sprague Avenue Address PO Box 3366
Spokane Valley, WA 99206 Spokane,WA 99220-3366
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 of 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
statutes 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 chapter 39 12 RCW, and shall pay each employee an
0284 Argonne-Construction Agreement#19-062 Page 2 of 10
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
required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply
with chapter 39 12 RCW.
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&l, are located at the L&I website address:
https.//fortress.wa.gov/Ini/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 City Community&Public
Works Department located at 10210 East Sprague Avenue, 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 and agreed that Contractor shall be an independent
contractor and not the agent or employee of City,that City is interested only in 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 chapter 42.56 RCW-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,make excerpts or transcripts from such
records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this
Agreement 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 defector failure for a period of two years
following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater penod,which
warranty shall be assigned or transferred to City. In the event a defector 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.
0284 Argonne-Construction Agreement#19-062 Page 3 of 10
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.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and
a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor
may elect to have the City retain 10%of the Agreement amount in lieu of providing the City with a payment
bond and a performance bond,pursuant to RCW 39.08.010(3).
16 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.
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, advertising injury, and liability
assumed under an insured contract. The commercial general liability insurance shall be
endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an
equivalent endorsement. 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 additional 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 no less than$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 no less than 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 and commercial general liability insurance:
1. Contractor's insurance coverage shall be primary insurance with respect to City. Any
0284 Argonne-Construction Agreement#19-062
Page 4 0}'!0
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.
3.11 Contractor maintains higher insurance limits than the minimums shown above,City shall
be insured for the full available limits of commercial general and excess or umbrella liability
maintained by Contractor, irrespective of whether such limits maintained by Contractor are
greater than those required by this Agreement or whether any certificate of insurance
furnished to the City evidences limits of liability lower than those maintained by Contractor.
4. Failure on the part of Contractor to maintain the insurance as required shall constitute a
material breach of this Agreement, upon which the City may, after giving at least five
business days' notice to Contractor to correct the breach, immediately terminate the
Agreement, or at its sole discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand, or at the sole discretion of the City, offset against funds due Contractor from the
City.
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, which shall be Exhibit C. The certificate shall specify all of the parties who are
additional insureds,and shall 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.
F.Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor-provided insurance as set
forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to
be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional
insured on each and every subcontractor's commercial general liability insurance policy using an
endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13
17.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 City harmless 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.
0284 Argonne-Construction Agreement 419-06'_
Page 5of 10
Contractor's duty to defend,indemnify,and hold City harmless 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,Contractors 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.
18. 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.
19. 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.
20.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.
21.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 of the State of
Washington for Spokane County, unless otherwise required by applicable federal or state law.
22. 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 39.04.3500)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 shall be included in every subcontract of every tier.
23.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be
in Spokane County, State of Washington.
0284 Argonne-Construction Agreement#19-062 Page 6 of ID
24 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.
25. 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.
26. Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register
with the City as a business if it has not already done so.
27.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.
28. Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Work
B Bid Proposal
C. Insurance Endorsements
D. Performance and Payment Bond
E. Assurance of compliance with applicable federal laws
The Parties have executed this Agreement this /Li day of Mr d�7 ,20/�
CITY'O�FF SSPOKANE VALLEY: Contractor: ��/
a`a¢IGiark Call, City Manager By: o" 1./1.4
Its: Authorized Representative
ATTEST•
L7vistine Bainbridge, City Clerk
APPROVED AS TO FORM:
Office the ttomey
0284 Argonne-Construction Agreement#19-062 Page 7 of 10
Exhibit A—Scope of Work
The Argonne Road Preservation Project consists of bituminous planing;Hot Mix Asphalt inlay paving and
patching; channelization, and other related work, all in accordance with the Contract Provisions and Plans
Contract Documents consist of:
• Bid Proposal
• Contract Plans and Provisions
• Standard Specifications
• Standard Plans
• Addenda
• Certifications and Affidavits
• Supplemental Agreements
• Change Orders
0284 Argonne-Construction Agreement#19-062
Page 801'10
Exhibit E—Assurance of Compliance with Applicable Federal Law
During the performance of this Agreement,the Contractor, for itself, its assignees,and successors in
interest(hereinafter referred to as the "Contractor")agrees as follows.
I Compliance with Regulations. The Contractor shall comply with the federal laws set forth in Section 7 of
this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the
U.S.Department of Transportation,Washington State Department of Transportation(WSDOT),as they may
be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement.
2.Non-discrimination:The Contractor,with regard to the work performed by it during this Agreement,shall
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The Contractor shall not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49
CFR Part 21
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all
solicitations, either by competitive bidding,or negotiation made by the Contractor for work to be performed
under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor
or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the
Acts and the Regulations relative to non-discrimination on the grounds of race,color, or national origin.
4.Information and Reports: The Contractor shall provide all information and reports required by the Acts,
the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts,
other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent
to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of
Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the
Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination
provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine
to be appropriate, including, but not limited to.
a. withholding payments to the Contractor under the Agreement until the Contractor complies:and/or
b. cancelling,terminating, or suspending the Agreement, in whole or in part
6.Incorporation of Provisions:The Contractor shall include the provisions of paragraphs one through six of
this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt
by the Acts, the Regulations and directives issued pursuant thereto. The Contractor shall take action with
respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such
provisions,including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is
threatened with litigation by a subcontractor or supplier because of such direction,the Contractor may request
that the City enter into any litigation to protect the interests of the City In addition,the Contractor may request
the United States to enter into the litigation to protect the interests of the United States.
7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor
agrees to comply with the following non-discrimination statutes and authorities;including but not limited to:
0284 Argonne-Construction Agreement 419-062 Page 9 of 10
Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination
on the basis of race, color, national origin), and 49 CFR Part 21;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S C.
§4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),(prohibits discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits
discrimination on the basis of disability);and 49 CFR Part 27,
The Age Discrimination Act of 1975,as amended,(42 U.S C. §6101 et.seq.),(prohibits discrimination on
the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits
discrimination based on race, creed,color, national origin,or sex);
The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability
of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all
of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not);
Titles II and 111 of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38:
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging
programs,policies,and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;
Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and
resulting agency guidance, national origin discrimination includes discrimination because of Limited
English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure
that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discnminating
because of sex in education programs or activities(20 U.S.C. §1681 et seq.).
0284 Argonne-Construction Agreement#19-062 Page 10 of 10
Spokane
40000 Valley
BOND NO' 9314308
CONTRACTOR'S RETAINAGE BOND
to City of Spokane Valley,Washington
the City of Spokane Valle), Washington, in Spokane County, has awarded to Inland Asphalt Company
("Contractor"), as Principal, a contract for the consuuction of the project designated as Argonne Road
Preservation Project No 0284Dhe"Contract")in Spokane Valley, Washington.
Hie Principal, existing under and by virtue of the laws of the State of Washington and authorized to do
business in the State of Washington, and Fidelity and Deposit Company of Maryland _
organized and existing under the laws of the State of Illinois and authorized to transact
business in the State of Washington as Surety', are jointly and severally held and bound unto the City of
Spokane Valley, hereinafter called Obligee, and are similarly held and bound unto the beneficiaries of the
trust fund created by chapter 60.28 RCW, in the penal sum of 5% of the Contract, which is
Eleven Thousand and 00/100 dollars 1$ 11,000 00 I, plus 5°0 of any
increases in the Contract amount that have occurred or may occur, due to change orders, maeases in the
quantities,or the addition of any new rtent of work
WHEREAS, on the 29th day of March 2019, the said Principal and
Obligee herein executed and entered into the Contract.
WHEREAS, said Contract and chapter 6028 RC W require the Obligee to withhold from the Principal the
sum of 5°° from monies earned by the Principal on estimates dun ng the progress of the construction,
hereinafter referred to as earned retained funds.
W'I IERE.AS, the Principal has requested that the Obligee accept a bond in lieu of earned retained funds as
allowed under chapter 60 28 RCW.
NON I I IEREFORL,the condition of the obligation is such that the Principal and Surety are held and hound
unto the beneficiaries of the trust fund created by chapter 60_28 RC'\\ in the aforesaid stun this bond,
including any proceeds therefrom, is subject to all claims and liens and in the same manner and priority as set
forth for retained percentages in chapter 60.28 RCW' The condition of this obligation is also such that if the
Principal shall satisfy all payment obligations to persons who may lawfully claim under the trust fund
purposes of chapter 60 2% RCW' to the Obligee, and indemnify and hold the Obligee harmless from any and
all loss, costs, and damages that the Obligee may sustain by release of the earned retained funds to the
Principal, then upon notification of such satisfaction and release of the Surety by the Obligee,this obligation
shall he null and w oid.
PROVIDED HOW I-VER.that
I the Surety shall he liable under this obligation as Principal. The Surety will not he discharged or
released from liability for any act, omission or defenses of any kind or nature that would not also
discharge Principal.
2 I his obligation shall he binding upon and inure to the benefit of the Pi mcipal, the Surety, the
Obligee, the beneficiaries of the trust fund created by chapter 60.28 RCW'and their respective heirs,
executors,administrators,successors and assigns.
3. Any suit under this bond must he instituted w thin the time provided by applicable law
SpuLnne t.dlc.
n,gormt Road n'e,,,tatio,Prole,t«u284
This bond may be executed in two original counterparts, and shall he signed by the parties'duly authorised
officers. I his bond will only he accepted if it Is accompanied by a fully executed and original power of
attorney for the officer executing on behalf of the surely
Inland Asphalt Company Fidelity and Deposit Company of Maryland
PRINCIPAL N FRAC RI SLRFT1
C_
.ste
4 ivr2al9
Principal Signature I are
/ ,y.-r-{ i/IF} Tina Davis
Primed� Name Primed Name
Z2,44.51-4e4448.741:243 "14"-MFG Attorney-in-Fact
Title Title
Name,address.and telephone of local ollice agent of Suety Company is
Marsh USA Inc
15 W South Temple, Suite 700, Salt Lake City, UT 84101 801-533-3624
in nl Spokane\'Ae,
v.,,nnt ROA PI0%0i,an.,n Pi,,iea F41284
State of UT
County of Salt Lake ss
On 4/1/2019 hetoie me,a Notary Public in and for said Count) and State,residing
therein.duly commissioned and sworn.personally appealed
Tina Davis
known to me to he Attorney-in-Fast of Fidelity and Deposit Company of Maryland
the corporation described in and that executed the within and foregoing instrument,and known to me to he 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
IP
My Commission Expires 3/13/2023 2_:_4M/.
a . Lisa Hall Notary Public
- LISA HALL
( 'i Nolan?Public
' State of Utah
„Ft
% n My Commtsmon Expires 4t3 2023
`+ Canmtsson Number 704:3I
ZURICH)AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMP ANY
FIDELITY AND DEPOSIT COMPANY OEM ARVI.AND
POW ER OF Ail UR\Fl
KNOW.11 NIL\ BY I IIhSI PRI SLNIS Thai the ZA RICH ANSI RICAN INSURANCE C'tiNIP ANI,a.urporatam of the Slate of'See
York the C tIIt)NIAl AMUR IC AN ( ASI'AI TY AND SI RT TY((NIP ANY a t otporatinn of the State of Ildnois and the FIDE!ITT
AND DT pONIT (OMP ANY OF MARVI AND a em porauon of the State ol Il touts meteor cidEt Indy Called the "Ctimpatut s'), h+
Robed D.n/urra..Vice President.in pal wane(of authority granted In Ai Ice V.Sect inn R of the B.-I rips of said Cnntpan es,chit h ale
set forth on the repent vat ht roof and are hereby certified to he in Tull brie and ellect on the dale hereof do hereby nominate.constitute
and aplwint i Iasi Oasis,Lia Hall,Lindell Plattner and Linda Nipper,all of Salt Lake City,Utah,EACH,us true and lap cul agent and
Anilines-in-Fact to male. e\ecote seal and Telmer in, and on ih hehall as wren. and .i. its act and deedand all hands and
undertakings,and Jit 'ptomain of midi bonds or undertakings In pursuance of these presents. shall he as hind mg spun said Companies as
lulls and amply. to all intents and put pates, as if the) had herrn dub csacund and atknonled td M the regularly elected II[liters ol the
7!RIC 11 AMERICAN INSIrR ANt'P (OMR\NV at its or lite In Nem Yolk Neo Yolk.the regularly elected of titers of the COI ON'I AI.
ANILRIC\N C\SP AI IT AND StIRF I Y COMPANY at its office in Os mg+\I IIIc Mars land and the teg Marls elected of ricers at the
UIDFI ITV AND DI POSlI (()NIPANS OI MAR)I AND at as ulhm in Om nip+Mills nim land.in their min propel persons
The said Vice President dues hereto cern() that the cvratt sit forth on the ret toe side hereat it true nips it Al title V Seaton R,nI
the Iiy-1 mks of said(ontpanes and Is tent In tome
I\ \\I I NI SS \VIII RI tai- the said Vice-President has heiennto whsulhed his,her names and altised the t ul rotate Seals tat the said
ZURICH AMERIC AN INSIRA\( F. CO\IPANI, COLONIAL AMERICAN CASUALTY AND St RFTY COMPANY, and
FIDELIT\ AND DEPOSIT('OMPAN1 OI' MARYLAND that pita.) ol March A O 2010
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CAS!ALTA AND SURETY COMPANY
FIDELITY AND DEPOSIT(OMPANN OF MARS ICA V O
/h R,iherfU llutrun
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lA Donn T /tunvi
la.reran
State of Man land
Conary of Baltimore
011 OH]6th dm of March A I) .Illy before Int +uh ttiber a\at.Ip Yuba,of int State of Alan land dull t and and qualified Robert Il
\lurrur,\ate President and Da,.ii F.Drawn,Seertian on
f the Companies i, 'e pel.on.dl) Anmtn to he tilt mi and dualnd ullltvu Jav 'h
red in and mho
esettatil the pretedme In tiument and t'.Rmnkltduumn
geJ the tutat same and Tang in Int dills soli, deposeth and+nail.that he'she is the said oditet m
the t nioran .doresaid and that seal(ani.N n,the pntedmu a are l mpolme Seals.,f..utf(nmpan and that the said Iotrol ate Seals and
the amnamle.is Stith°niter mete duh amid and sulanhed to the.aid nnaume t hi the andmnts and d'Iuti'on or the said Corporations
IN II SI INIONS ).4III RI III Mr.,.hereunto set nn hand and afti\ed Ink Official Seal tit dap and
'car lint ribose w mien
\-(23-Pepratercit.ct (Ps
Cun.unte A Dunn Noun Public
Nl)(,m'as'on I motes Juts `1 200
EXTRACT FROM SY-LAWS OF THE COMPANIES
".AmJe V Section S Agorness-n,-Pact The Chief Fleelline Olhcer lilt Resident ,. am rseUlne Vice President or Vitt Piesident
nm. in %Atnten instnunent undeh the attested commute seal. appoint avolne:s-In-tact cot authorih to esecute hands. policies_
lecogmrances stipulations. undertakings, of other like instruments on hehalt of the _ompan., and mas authorize an officer of an such
atonics-nn-fact to al IN the corporate seal thereto and ma ACIth or nithout cause nnuhl\ or re%oke an. such appointment 01 authunis at ass
tame
CERTIFICATE
I, the unassigned Sceretan Ili the /11181( 11 AMERICAN INSLRAM I COMP 1NY the (I I PIA/VIAL \AIERR AN CAS['At IN"
AND sl RI FY COMPANY and the I IDPI In AND DCPOSI I ('ONIl'\NV Oh MAR VI AND do hereby certify that the Inngu,ng
Pc,"cr of Aturne. is still in lull force and el'lect an the date til this certificate.and I du rill hel ceurf. that Article N. Section R of the BA-
I an.til rhe Compuules N still in tone
This I'O..er Of Attorney and('ern ficatc m) be signed h) facsimile under and h' author it of the !Hitting resolution of the Board of
Dn ectors of the/I IRICII AMERICAN INSI R ANC I ('(1\1 PANY at a meeting duh called and held on the 15th da. of I teL nhher lovh
RI SOI VI D "i hat the satiate 01 the President iii a Vice President and the attesting srgnawlc of a sic retan to an \-st.h.On lichen
and the Seat of the('ompan\ Ina% he alihed be Facsimile om am PO..er of Alhnney An) such Rower 01 am eewiic.te theieol healing such
facsimile signature and seal shall he.and and binding On the<ompam "
This Toner of 4ttnmes and('ei Hittite may he signed by lacwnrie undo and In authnnq al"the I011mvng resolution of the Board of
Direct{N til"the COI ON/Ai ANTI RIC 1N CAM lAl TV AND Sl RI T"<(IMP\NY at a meeting Joh called and held on the 5th din 91
Ma. 1994 Lind the hdltn.ting itsnlntmn H the Board of Directors of the 1ID1 I ITY \\D 1)I P0511 ('I INII'ANY OF MARTI \V) at a
meeting dub. called and held on the 10th da. of hhn, 191/0
RI SOL\IO "I hatthe facsimile or mechanically reproduced seal of the company and Dominic or lnechanicalp lepuelueed siun.tore
of an. \lee-Piesident Secretary in Assistant Secretary of the(ompan. .shelhet made hctetolntc nr hereafter, .Ahem.er appearing upon a
certified cops cilium pos cr of:nmmne. issued by the Compan.,shall he.and and binding upon the(unman wrh the sante Imo. and effect
as though manually af1sed
IN TI STM MY'VI II Rror.I base hereunto suhscnlmd on name and affixed the col tun ate,scats of Iha sand Companies.
this 1st Has of April , 2019
at..
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, is..,
B) Bri in M notices
Vice President
TO REPORT A CLAIM WITFI REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER, AND YOUR CONTACT
INFORM 4TION TO:
Lunch Surety Claims
1299 Lunch \Va_s
Schaumburg. IL 60196-1056
.c...A iepoi tstclaims itutinretina coon
800-h20-4577
ACC----032 ® CERTIFICATE OF LIABILITY INSURANCE DA ERAM IT
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 Liberty Mutual Insurance Co. National Insurance East el. Valerie Reece
2000 Westwood Dr. PHONE
513-367-3e22 FM xe.
Wausau, WI 54401 41AIL
ADDRESS CMeCertProduction@libertymutual.com
INSURER(S)AFFORDING COVERAGE NA/CA
www LlbertyMutual corn INSURER A• Liberty Mutual Fire Insurance Company 23035
INSURED Inland Asphalt Company INSURER B: Liberty Insurance Corporation 42404
CPM Development Corporation dba INSURER C:
PO Box 3366 INSURER!):
Spokane.WA 99220-3366 INSURER E•
INSURER F
COVERAGES CERTIFICATE NUMBER: 43943019 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 PAD CLAIMS
INPR TYPE OF m3aMNCE ADDL SUER POLICY EFF POLICY EXP
LTRINSD WVD POLICY NUMBER MMIDDNYYT IMM/DOfYWL LIMITS
A `/ COMMERCIAL GENERAL LIABILITY TB2-C81-004095-116 9/1/2018 9/1/2019 EACH OCCURRENCE $2,000,000
CLAIMS-MADE ,/ OCCUR PPR MISES(EaAGE TOEnn
ouLnmim) $250,000
XCU Coverage Included
/ Primary/Non-Conhibutoryif ✓ MED EXP(Any one person) 150000
• Separation of Insured PERSONAL SADV INJURY $2,000,083
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000
PRO-
POLICY Fl ECT LOC PRODUCTS-COMP/OPAGG $2,000,000
OTHER $
A AUTOMOBILE LABILITY AS2-C81-004095-128 9/1/2016 9/1/2019 FEe emtzu INGLE LIMIT $2000,0D0
`/ ANY AUTO BODILY INJURY(Per Person) $
OWNED SCHEDULED 1 / A52-C81-054502-528 9/1/2015 9/1/2019 BODILY INJURY(Pmemmnp $
HAUTOSIRED ONLY _ AUTOS Physical Damage only:
HIRED NON-OWNED y$ 9 5 PROPERTY DAMAGE 1
AUTOS ONLY AUTOS ONLY Comprehensive Ded 810,000 tear accident,
Collision Ded 810000 - $
UMBRELLA LIMO — OCCUR EACH OCCURRENCE $
EXCESS UM CLAIMS-MADE AGGREGATE $
DED RETENTIONS 5
B WORKERS COMPENSATION WA7-C8D-004095-028 9/1/2018 9/1/2019 / PER OTH-
AND Y/N All except OH, ND,WA,WY
R
ANYPROPRIETORPARTNERIEXECUTIVE EL EACH ACCIDENT $1,000,000
OFFICERMEMBEREXCLUDEO? N N/A ye
(Mandatory MNK) WC7-C81-004095-018 9/1/2016 9/1/2019 EL DISEASE-EA EMPLOYEE SI 000 000
rcYe a..Gth.rimer
D sStop ATIONS below WI,MN EL DISEASE-POLICY LIMIT $1,000,000
A Washington Stop Gap TB2-C81-004095-116 9/1/2016 9/1/2019 BI Each Accident-81,000,000
Employers Liability Coverage BI Aggregate Limit-81,000,000
BI Each Employee-El 000,000
DESCRIPTOR OE OPERATIONS/LOCATIONS/VEHICLES(ACORD101.Additions'Monad.,Schedule,May be MMthed If more space N required)
RE: Argonne Road Preservation Project (Valleyway to Broadway)
City of Spokane Valley is additional insured with respect to the above referenced project. Coverage is
primary and non-contributory. Waiver of subrogation applies.
CERTIFICATE HOLDER CANCELLATION
City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
t 021 0 E. Sprague Ave. ACCORDANCE WITH THE POLICY PROVISIONS.
Spokane Valley, WA 99206
AUTHORIZED REPRESENTATIVE ' g' y
I Valerie Reece ,e)g ICC J P/et
01988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
43943019 I LM_ 4 I •9/18-9/19 - Standard 2/1 x/WA Stop Gap I n ,ma St±tm e I ap0/2015 8 40 10 AS ISM I Page 1 or 1
POLICY NUMBER T82-C81-004095-1 18 COTVTVERCIAL GENERAL LIABILITY
CG 20100419
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section 0 — Who Is An Insured is amended to 1. All worK Including materials, parts oy
include as an addtional Insured the person(s) or equipment furnished In connection with such
organbbtlon(s) shown in the Schedule, but only with work, on the project (other than service,
respect to Ikbily for 'bodily injury', "property maintenance or repairs) to be performed by or
damage" or "personal and advertising Injury" on behalf of the addiknel Insured(s) at the
caused,in whole or h 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 Wended use by any parson or organization
in
addboof your at the rationsnfor otter than another contractor or subcontractor
designated above. engaged In performing operations for a
principal as a part of the same project.
However. C. lhtth 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 indent pemikted by Section III—Limits Of Insurance:
law:and O coverage provided to the addtional insured is
2. If coverage provided to the additional Insured S requited 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. Avaiable under the applicable limits of
B. With respect to the insurance afforded to these insurance shown In the Dectaretions:
additional iwureds, the following additional whichever is less.
exclusions apply: This endorsement shall not increase the
This insurance does not apply to "badly trdurf or applicable Limo of Insurance shown in the
"'moony damage" occurring after. Declarations.
SCHEDULE
Name Of Additional insured Persan(s) Location(s)Of Corned Operations
Or Organiaaon(s)e
My owner,lessee,or contractor for whom you have Any location listed in such agreement
agreed in writhg prior to a loss to provide Ibbliy
insurance
Information required to complete this Schedule,if not shown above. rr ll be shown in the Declarations
CG 2010 0419 C Insurance Services Office.Inc.,2012 Page 1 of 1
Policy Number TB2-C61-004095-118
Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.
OTHER INSURANCE AMENDMENT—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: Any person or organization for which such coverge 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 of this endorsement that quangos as an
additional hatred on IMs policy,this policy will apply solely on the basis required by such written agreement and
Paragraph 4.Other Insurance of Section IV- Conditions will not apply. If the applicable written agreement does
not specify on what basis the liability insurance will apply, the provisions of graph 4. Other Insurance of
Section IV-Conditions will govern. However.this insurance Is excess over any other Insurance available to the
additional Insured for which It N also covered as an additional Insured by attadimas of an endorsement to
another policy providing coverage for the same'occurrence,claim or"suit°.
LC Z4 ere 0212 02013 Liberty Mutual Insurance.Ail dobe reserved. Page 1 of 1
Includes copyrighted material of Insurance Sentcea Office,Inn,sigh its permission.
POLICY NUMBER 1B2-C81-004995-j18 CONitERC AL GENERAL LIABILITY
CG 24 04 03 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 W18ILITYCOVERAGE PART
The following is added to Paragraph & Transfer Of
Rights Of Recovery Against Others To Us of
Section IV—Conditions:
We waive any right of recovery we may have agans
the person or organization shown in the Schedule
below because of payments we make for injury or
damage arising out of your bngohg 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.
Irdormation required to complete this Schedule,if net shown above, wil be shown ki the Declarations.
CG 24 04 05 09 C Insurance Services Office,Inc.,2008 Page 1 of 1
PART 2
BID PROPOSAL DOCUMENTS
Bid Proposal Checklist
Proposal Form
Certification of Compliance with Wage Payment Statutes
Contractor's Administrative Information
Bidder Qualification Statement
Bid Deposit Form
Bid Deposit Surety Bond Form
Representations and Certifications
Bid Question Form
ar
/ _rty or Spokaq� .,_ 1
- -_— -it ' Clcr!, ='r'ee I
BIDDERS PACKET
Argonne Road Preservation Project
Capital Improvement Project No.:0284
BID PROPOSAL CHECKLIST
This Checklist and the documents listed below constitute a complete Bid Proposal. Failure to
execute any of the following documents, or any addition,condition or limitation m writing to the
form of the bid, not explicitly invited in the Bid Documents or Specifications may become cause
for rejection of the bid as irregular.
The BIDDER shall check each respective box indicating inclusion of each item:
E.j Bid Proposal Checklist
Proposal Form
[.A / Certification of Compliance with Wage Payment Statutes
[4„.. Contractor's Administrative Information
Ff Bidder Qualification Statement
[vj - Bid Deposit Form
[,i,]/' Bid Deposit Surety Bond Form(Use only if submitting Bond for Bid Deposit)
[vJ Representations and Certifications
The above forms have been inserted in a sealed envelope,properly identified and delivered at the
place and time described
, int the Notice to Contractors form.
Signature: //( /74-T.0 Date: 3/15/19
Title: Construction Manager
Company: Inland Asphalt Company
City of Spokane Valley 1 Bid Proposal Document,
Argonne Road Prammmn Project
PROPOSAL FORM
PROJECT NUMBER: 0284
PROJECT TITLE: Argonne Road Preservation Project
NAME OF FIRM SUBMITTING BID:
Inland Asphalt Company
Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may
withdraw his bid after the hour set for the bid closing except under the conditions explained in the
Information to Bidders Section.
RECEIPT OF ADDENDA:Bidder acknowledges receipt of the following addenda by checking the box(es):
❑ l 0 111 0 111
REJECTION: The City reserves the right to reject any or all proposals, portions or parts thereof and to
waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the
bidders when considering awarding a contract.
TIME TO COMPLETE: The contract shall be completed in Ten (10) working days from the date of
commencement.
BID IS NOT ELIGIBLE FOR CONTRACTOR'S BOND ELECTION to withhold 50%retainage in lieu
of furnishing a Contractor's Bond(Payment and Performance Bonds).
FREIGHT:Bid price(s)to include all freight costs to the job site.
SCHEDULES: A Bidder must complete all the schedules or his bid will be rejected as non-responsive.
The undersigned hereby certifies that (he/they) (has/have) personally examined the location and
construction details of work as outlined on the plans and specifications for the above project and(has/have)
read thoroughly and understands the plans, specifications, and contract governing the work embraced in
this improvement and the method by which payment will be made for said work and hereby proposes to
undertake and complete the work embraced in this improvement in accordance with said plans,
specifications,and contract in accordance with the unit prices provided below.
The Bidder,to be considered responsible,shall provide in legible figures(not words)hand written in ink or
typed, a unit price (except Lump Sum items) and total for each of the items shown on the following
schedules:
City of Spokane Valley 2 Bid Proposal Documents
Argonne Road Preservation Project
Bid Schedule A - Roadwork _
ITEM ITEM DESCRIPTION SPECS UNITS QUANTITY PRICE/UNIT TOTAL
I,
100 MOBILIZATION 1-09.7 L.S. 1 L.S. $35,592.10
101 MINOR CHANGE 1-04.4 CALC I CALC $ 15,000
102 CONSTRUCTION SURVEYING 1-05.4 L.S. 1 L.S. $3,200.00
103 SPCC PLAN 1-07.15 L.S. 1 L.S. $425.00
104 PROJECT TEMPORARY TRAFFIC 1-10 L.S. 7 L.S $32,260.00
CONTROL
105 PORTABLE CHANGEABLE MESSAGE 1-10 HR. 168 $2.30 $386.40
SIGN
106 DOCUMENTATION COMPLIANCE 1-11 EST. 1 $5,000 $5,000
107 SAWCUT ASPHALT PAVEMENT 2-02 L FAIN. 1200 $050 $600.00
108 ASPHALT PATCH REMOVAL 2-02 S.Y. 90 $23.00 $2,070.00
109 CRUSHED SURFACING TOP COURSE 8 4-04 S.Y. 90
IN DEPTH $38.15 $3,433.50
110 PLANING BITUMINOUS PAVEMENT, 5050
5-04 S.Y.
2.5 IN.DEPTH $3.80 $19,190.00
111 HMA CL.3/8",PG 64H-28,0.21 FT. 5-04 S.Y. 5050
DEPTH $13.70 $69,185.00
112 HMA CL.3/8".PG 6411-28,0.5 FT. 5-04 S.Y. 90
DEPTH,PATCH $50.00 $4,500.00
113 UTILITY CASTING DEPTH 5-04 CALC 1 CALC $ 1.00
COMPLIANCE
114 JOB MIX COMPLIANCE PRICE 5-04 CALC 1 CALC $ 1.00
ADJUSTMENT
115 COMPACTION PRICE ADJUSTMENT 5-04 CALC 1 CALC $ 1.00
116 ADJUST EXISTING CATCH BASIN/ 7-05 EACH 7 $1,200.00 $8,400.00
DRYWELL
117 ADJUST EXISTING MANHOLE 7-05 EACH 3 $1,200.00 $3,600.00
118 ADJUST UTILITY VAULT 7-11 EACH 1 $1,200.00 $1200.00
119 ADJUST GAS VALVE 7-11 EACH I $920.00 $920.00
120 ADJUST EXISTING WATER VALVE 7-12 EACH 6 $920.00 $5,520.00
121 EROSION CONTROL AND WATER 8-01 L.S. 1 L.S. $1,400.00
POLLUTION PREVENTION
122 PLASTIC LINE-TYPE CI 8-22 L.F. 2460 $2.00 $4,920.00
123 PLASTIC STOP LINE-TYPES 8-22 EP 21 $15.00 $315.00
124 TEMPORARY PAVEMENT MARKING- 8-23 L.F. 2460 $0.50 $1230.00
SHORT DURATION
BID SCHEDULE A TOTAL $218,350.00
Bid Schedule B — Storm Water Work
ITEM#1 ITEM DESCRIPTION SPECS UNITS QUANTITY PRICE/UNIT TOTAL
201 MINOR CHANGE 1-04.4 CALC I CALC $500
202 SPILL CONTROL SEPARATOR 7-05 EACH 2 $575.00 $1,150.00
BID SCHEDULE B TOTAL $1,650.00
Coy of Spokane Valley 3 Bk Proposal Documents
Argonne Road Preservation Project
Bid Schedule Summary
BID SCHEDULE TOTAL
BID SCHEDULE A-ROADWORK $218,350.00
BID SCHEDULE B—STORM WATER WORK $1,650.00
TOTAL BID $220,00,0..00
Person/Entity Name: Tony Via Signature of Bidder: /t ,��J
Company: Inland Asphalt Company Date: 3/15/19
City of Spokane Valley 4 Bid Proposal Remnants
Argonne Road Prturvauon Project
Stio
Contractor Certification
Wage Law Compliance - Responsibility Criteria
Washington State Public Works Contracts
FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL
PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD
I hereby certify,under penalty of perjury under the laws of the State of Washington,on behalf of the
firm identified below that,to the best of my knowledge and belief,this firm has NOT been determined by
a final and binding citation and notice of assessment issued by the Washington State Department of
Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to
have willfully violated,as defined in RCW 49.48.082,any provision of RCW chapters 49.46,49.48,or
49.52 within three(3)years prior to the date of the Call for Bids.
Bidder Name: Inland Asphalt Company
Name or ContractorBidder—Print flail legal entity name of firm
By: " t , V/ti/ Tony Via
Signature of authonzd Print Name of person making certifications for finn
Title: Construction Manager Place: Spokane.WA
Title of person signing certificate Print city and slate where signed
Date: 3/15/19
City of Spokane Valky 5 Bid Propont Documents
Argonne Road Preserte mon Project
CONTRACTOR'S ADMINISTRATIVE INFORMATION
I.PERSON/ENTITY
a. Name as registered with the State of Washington: Inland Asphalt Company
b. Physical Address: 5111 E. Broadway,Spokane,WA 99212
c. Mailing Address including zip code: PO Box 3366,Spokane,WA 99220-3366
d. Remit To Address including zip code: PO Box 3366, Spokane, WA 99220-3366
e. Telephone number including area code: 509-534-2657
f. Fax number including area code: 509-536-3137
g. E-mail address for business correspondence: tony.via@inlandnw.com
h. Washington State Contractors License Number: INLANAC984OK
i. Federal Tax Identification Number: 91-1272258
j. Washington State UBI Number: 601-006-854
k. State Industrial Account Identification Number: 700,174-00
1. City of Spokane Valley Business License Number:
le®UMW m,,def for eu m glee rewired prior b mm a«aia.l
2. INSURANCE COMPANY:
a. Name of company: Liberty Mutual
b. Mailing Address including zip code: 12 Federal St., Suite 310,Pittsburg, PA 15212
c. Insurance Agent Name: Valerie Reece
d. Insurance Agent Telephone number including area code: (800) 222-8890
e. Insurance Agent Fax number including area code: (412) 231-2700
3.BONDING COMPANY:
a. Surety Name: Fidelity and Deposit Company of Maryland
b. Surety Mailing Address including zip code: 15 West South Temple Road,SLC, UT 84101
c. Bonding Agent Name: Tina Davis
d. Bonding Agent Mailing Address including zip code: 15 West South Temple Rd., SLC,UT 84101
e. Bonding Agent Telephone number including area code: 801-533-3624
f. Bonding Agent Fax number including area code: 801-533-3610 /
Person/Entity Name: Tony Via Signature Of Bidder: 4< //
Company: Inland Asphalt Company Date: 3/15/19
City of Spokane Valley 6 Bid Proposal Documents
Argonne Road Preservation Pmdml
BIDDER QUALIFICATION STATEMENT
The following statements of experience,personnel,equipment,and general qualifications of the Bidder are
submitted with the assurance that the owner can rely on its accuracy and truthfulness.If more space is required
for your answers please attach a continuation sheet(s)to the corresponding bid response page referencing the
item number.
I.The company has been in business continuously from(month and year) 1934
2.The company has had expenence comparable to that required under the proposed contract:
a.As a prime contractor for 85 years.
b.As a subcontractor for 85 years.
3.The following is a partial list of work completed that was on an order of magnitude equal to or greater in
scope and complexity to that required under the proposed contract.
Year Owner&Person to contact Phone No. Location Contract Value
See attached
4. A list of supervisory personnel currently employed by the Bidder and available for work on the project
(Construction Manager,principal foreman,superintendents and engineers)is as follows:
Years of
Name Title Experience
See attached
5. Please attach a resume of the qualifications, previous employers,and experience of the project manager
who is proposed to be assigned to the project. If a resume is not included in the bid documents the bidder
agrees to furnish a resume within 24 hours of notice by the City.
See attached
6.Following is a listing of all projects the company has undertaken in the last five years,which have resulted
in:
a.Arbitration or litigation.
None
b.Claims or violations being filed by the Federal Government or the Washington State Departments of L&
1,Employment Security or Revenue.
None
c.Liens being filed by suppliers or subcontractors.
None /47
Person/Entity ln//Name: Tony Via Signature Of Bidder:
Company: Inland Asphalt Company Date: 3/15/19
City of Spokane Valley r Bid Proposal Documents
Argonne Road Preservation Project
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BID DEPOSIT
FORM OF BID DEPOSIT-CHECK ONE: Please submit this sheet with the bid deposit.
CASH.Attach the deposit behind this sheet.
X SURETY BOND-Attach bid bond behind this sheet.ITIS STRONGLY RECOMMENDED THAT
YOU USE THE ATTACHED FORM.
BID DEPOSIT REQUIRED.No bid may be considered for public work unless it is accompanied by a bid
deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an
amount equal to five percent(5%)of the amount of the bid proposed. If the bidder to whom the contract is
awarded fails to enter into the contract and furnish the contractor's bond as required within ten days after
notice of the award, exclusive of the day of notice,the amount of the bid deposit shall be forfeited to the
City and the contract awarded to the next lowest and best bidder.
If the deposit is`bash"and is in the form of a postal money order,cashier's check,or certified check,the
checks are to be made payable to the City of Spokane Valley. Cash bid deposits are to be accompanied by
this form.Cash bid deposits of all unsuccessful bidders shall be returned after the contract is awarded and
the required contractor's bond and proof of insurance given by the successful bidder is accepted by the City
of Spokane Valley.
If the bid deposit is in the form of a surety bond it must be of a corporate surety licensed to do business in
the State of Washington. The City strongly recommends the use of the attached City Bid Deposit Surety
Bond Form. If the City's Bid Deposit Surety Bond Form is not used,the bidder is warned to take special
care in assuring that the form used does not materially alter,qualify or conflict with the terms and conditions
set forth in the City's Bid Deposit Surety Bond Form. The failure to furnish a bid bond in compliance with
the City's Bid Deposit Surety Bond Form shall make the bid non-responsive and shall cause the bid to be
rejected by the City.
Person/Entity Name: Tony Via Signature Of Bidder: /91
Company: Inland Asphalt Company Date: 3/15/19
City of Spokane Valley a Bid Pmposni Documents
Argonne Road Preservation Project
ny 0."\I•aft
BOND NO:
CONTRACTOR'S BID DEPOSIT SURETY BOND
to City of Spokane Valley,Washington
We, Inland Asphalt Company ,as Principal,existing under and by virtue of the laws of the State of
Washington and authorized to do business in the State of Washington,and Fidelity and Deposit Company of Maylandgs
Surety,organized and existing under the laws of the State of Illinois , are held and firmly
bound unto the City of Spokane Valley,a Washington municipality,as Obligee,in the penal sum of 5%of the
total amount bid,not to exceed$ 5%of bid ,for the payment of which we jointly and severally
bind ourselves,and our legal representatives and successors.
WHEREAS,the Principal has submitted a bid for Argonne Road Preservation Project#0284.
NOW THEREFORE,the condition of the obligation is such that if the Obligee shall accept the bid of Pnncipal
and make timely award to the Principal according to the teens of the bid documents;and the Principal shall,
within ten days after notice of the award,exclusive of the day of notice,enter into the contract with the Obligee
and furnish the contractor's bonds(performance and payment bonds)with Surety satisfactory to the Obligee in
an amount equal to 100%of the amount of the bid proposed including additives,alternatives and Washington
State sales tax, then this obligation shall be null and void; otherwise if the Principal fails to enter into the
contract and fails to furnish the contractor's bonds within ten days of notice of award,exclusive of the day of
notice, the amount of the bid deposit shall be forfeited to the Obligee,payable by the Surety;but in no event
will the Surety's liability exceed the face amount of this bid bond.
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) SURE
��/ilk 3/15/19 3/15/19
��I
Principal Signature Date / Signature Date
Tony Via James Tibblts
Printed Name Printed Name
Construction Manager Attorney-in-Fact
Title Title
Name,address,and telephone of local office/agent of Surety Company is:
PO Box 3366,Spokane, WA 99220-3366/509-534-2657
a..41 I i o
Cory of Spokane Valley 9 Bid Proposal Documents
Argonne Road Preservation Project
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
GERALD F.HALEY,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 he in full force and effect on the date hereof, do hereby nominate,
constitute,and appoint Doug MICAS,James M.TIDBITS,Craig MAYFIELD, George A. HUGHBANKS, John J.MADDEN and
Maria VELA,all of Spokane,Washington, EACH 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,Any and all bid bonds Issued on behalf of Inland
Asphalt(dba of CPM Development Corporation),Spokane,Washington each In a penalty not to exceed the sum of 51,000,000 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 6th day of June,A.D.2016.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(OW Je strew, gg
11 AL 9 l i ift �Pa
T�/ ,�
Bh:
Secretary Vice President
Eric D.Barnes Gerald F.Haley
State of Maryland
County of Baltimore
On this 6th day of lune,A D 2016,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,GERALD F.
HALEY,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me pessomlly known to be the individuals and officas described w and
who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and sath,the(he/she is the said
officer of the Company aforesaid,and that the seals affixed to the preceding instrument art the Corporate Seals of said Companies,and that the said Commie
Seals and the signature as such officer were duly affixed and subscnbd to the said instrument by the autbonty and direction of the said Corporations
M TESTIMONY WHEREOF,I have hereunto set my bad and affixed my Official Seal the day and year fast above wnuen.
"4(1.N..,16,://
SI iin/ll,/i
�� /�/ ad,/a4byl %
e;ii P'
14u1nd`
Maria D.Adamski,Notary Public
My Commission Expires:July S,2019
POA-F 020-8022V
.15,41, 1 .- .ImAztri
PpgTMEPTT OF LysINIArce
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/O� 1 i J
AMENDED CERTIFICATE OF AUTHORITY
WHEREAS, the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
located at Village of Schaumburg, County of Cook , in the State of Illinois
has complied with all the requirement of the "Illinois Insurance Code" applicable to
said Company:
NOW, THEREFORE, I,the undersigned, Director of Insurance of the State of
Illinois,do hereby authorize the said Company to transact its appropriate business as
set forth under Clauses(s)
(a) (1) (c). (d),-(44),-(g),-(11),-(i),-01-(k.)+0)of rams P
-
I. •i • i • is .. M.:.:_
of Section 4 of the "Illinois Insurance Code" in this State, in accordance with the laws
thereof.
DEPARTMENT OF INSURANCE of the State of
Illinois:
DATE:December 31.2018 77 p
rin zu•„, r
KARIN ZOSEL
ACTING DIRECTOR OF INSURANCE
u
0
REPRESENTATIONS AND CERTIFICATIONS
ANTI-KICKBACK No officer or employee of the City of Spokane Valley, having the power or
duty to perform an official act or action related to this submittal, shall have or acquire any interest
in this submittal, or have solicited, accepted or granted a present or future gift, favor, service,or
other thing of value from or to any person involved in this submittal.
REPRESENTATION: In submitting this bid we represent that the bid documents have been read
and understood, that the site has been visited and or that we have familiarized ourselves with the
local conditions under which the work is to be performed, that by signature of this proposal we
acknowledge all requirements and that we have signed all certificates contained herein.
REPRESENTATION: In submitting this bid we acknowledge the requirements and conditions
applicable to bid deposits in the form of a cash bid deposit or surety bond bid deposit.
NON-COLLUSION: That the undersigned person(s), firm, association or corporation has(have)
not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with the project
for which this bid is submitted.
I CERTIFY that no final determination of violation of RCW 50.12.070(1)(b),50.16.070(1)(6),or
82.32.070(1)(b) has been made by the Washington State Departments of Employment Security,
Labor And Industries or Revenue respectively dated within two years of the date of the closing of
this bid. I understand further that no bid may be submitted,considered or contract awarded for a
public work to any person or entity that has a determination of violation of the above referenced
statutes within two years from the date that a violation is finally determined and the date of this
bid closing.
I CERTIFY that to the best of my knowledge the information contained in this proposal is accurate
and complete and that I have the legal authority to commit this Firm to a contractual agreement. I
realize the fmal funding for any service is based upon budget levels and the approval of the City
of Spokane Valley.
I CERTIFY that by signing the signature page of this bid, I am deemed to have signed and have
agreed to the provisions of this declaration.
Name: Tony Via/Inland Asphalt Company
Person/entity
yssubmitting bid(print)
Signature.
Title: Construction Manager
Date: 3/15/19
City or swim=Valley la Bid Proposal Documents
agate Rad P,vevatsoo Project