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19-082.00 Wm Winkler: 2019 Local Access Streets Midilomea Contract No. 19-082 CONSTRUCTION AGREEMENT Wm Winkler 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 Wm Winkler 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 2019 Local Access Streets(Midilome Neighborhood)-#0290 Project(the"Work") in accordance with documents described in Exhibit A and m 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 existing or as maybe 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 retamed 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$ 1,345,902.00,which includes Washington State Sales Construction Agreement Page 1 of 10 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.Brian J Winkler,President Phone: (509) 720-5000 Phone: (509)489-6100 Address. 10210 East Sprague Avenue Address:PO Box 430,Newman Lake,WA 99205 Spokane Valley,WA 99206 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 Construction Agreement Page 2 of 10 Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage,as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees 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&I,are located at the L&I website address. https://fortress.wa gov/Ini/wageloolcuo/prvWagelookun.asnii 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 maybe 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 nght 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 period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall,within the warranty period, remedy the same at no cost or expense to City. This warranty Construction Agreement Page 3 of 10 provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered.and bonded by the State of Washington at all times this Agreement is in effect. 15.Contractor to Provide Performance and Payment Bonds. Contractor shall provide apayment 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 08.01013). 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 Contractors 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 followmg provisions for automobile liability and commercial general liability insurance: Construction Agreement Page 4 of 10 1 Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contnbute 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.If Contractor maintains higher insurance limits than the mimmums 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 arc 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. Construction Agreement Page 5 of 10 Contractors 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 Ib)Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor,Contractor's agents, subcontractors, subconsultants,and employees. Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees, and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may he granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in anyway 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 docs 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 fust 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 cntena for each first tier subcontractor and its subcontractors of any ticr 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 m RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement 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. Construction Agreement Page 6 of to • 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 mterest 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 competentjurisdictmn,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 30th day of April 2019 CITY OF SPOKANE VALLEY: Contractor: Wm Winkler Company Mark Calhoun,City Manager By: B an J Winkler,President Its: Authorized Representative ATTEST: fldLuk lw in✓ Christine Bainbridge,City Clerk APPROVED AS TO FORM: C inkmas4. � Office 01 the Cit ey Construction Agreement Page 7 of 10 Exhibit A—Scope of Work The Local Access Streets(Midilome Neighborhood)project consists of full depth reclamation of the existing roadway section,cement treated base,and hot mix asphalt paving,including minor stormwater infrastructure upgrades and pedestrian ramp upgrades to comply with the Americans with Disabilities Act(ADA), 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 Construction Agreement Page 8 of 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. 1.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 of49 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-discnmination 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: Construction Agreement Page 9 of 10 Title VI of the Civil Rights Act of 1964(42 U.S.0 §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 ongin,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 III 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.§§1213I-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 DC of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.0 §1681 et seq.). Construction Agreement Page 10 of 10 okatte BOND NO: 107058278 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to Win.Winkler Company ("Contractor"),as Principal,a contract for the construction of the project designated as 2019 Local Access Streets (Midllome Neighborhood)Project No.0290(the"Contract")in Spokane Valley,Washington. The 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 Travelers Casualty and Surety Company of America organized and existing under the laws of the State of Connecticut 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 6028 RCW, in the penal sum of 5% of the Contract, which is Sixty Seven Thousand Two Hundred Ninety Five and 10/100dollars($ 67,295.10 ),plus 5%of any increases in the Contract amount that have occurred or may occur, due to change orders, increases in the quantities,or the addition of any new item of work. WHEREAS,on the 30th day of April ,2019 the said Principal and Obligee herein executed and entered into the Contract. WHEREAS,said Contract and chapter 60.28 RCW require the Obligee to withhold from the Principal the sum of 5%from monies earned by the Principal on estimates during the progress of the construction,hereinafter referred to as earned retained funds. WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of earned retained fiords as allowed under chapter 60.28 RCW. NOW THEREFORE,the condition of the obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW in the aforesaid sum. 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 60.28 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 be null and void. PROVIDED HOWEVER,that: 1. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act, omission or defenses of any kind or nature that would not also discharge Principal. 2. This obligation shall be binding upon and inure to the benefit of the Principal,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 be instituted within the time provided by applicable law. CITY OF SPOKANE VALLEY 2019 LOCAL ACCESS STREETS(MIDILOME NEIGHBORHOOD) 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. Wm.Wmlder Company Travelers Casualty and Surety Company of America PRINC�C�CTOR) , SURE 4/30/19 � � . 4130/19 Prin ' ignature Date Surety Signature Dare Brian J.Winhter Thomas V A Davis Printed Name Printed Name President Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: PavneWest Insurance.Inc.: 501 N.Rivemoint Blvd.. Suite 403:Sookane.WA 99202 509-838-3501 CITY OF SPOKANE VALLEY 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) 4 Travelers Casualty and Surety Company of America a Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St Paul Fire and Manne Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Thomas V A Davis,of Spokane,Washington,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. 1/44 III INW1 State of Connecticut �!�> By City of Hartford ss Robert L Raney,Se or President On this the 3rd day of February,2017,before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of Amenca,Travelers Casualty and Surety Company,and St Paul Fire and Manne Insurance Company,and that he,as such,being authonzed so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himseff as a duly authonzed officer In Witness Whereof,I hereunto set my hand and official seal � �� � �y My Commission expires the 30th day of June,2021 ' Yv't O112.1� C. . brAtleJl.A�t ,Manne C Tetreaulq Notary Public This Power of Attorney is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of Amenca,Travelers Casualty and Surety Company,and St Paul Fire and Marine Insurance Company.which resolutions are now in full force and effect,reading as follows RESOLVED,that the Chairman,the President.any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authonty as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in wnting and a copy thereof is filed in the office of the Secretary,and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescnbed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation of authonty,and it is FURTHER RESOLVED,that the signature of each of the following officers President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other wntings obligatory in the nature thereof,and any such Power of Attomey or certificate beanng such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of Amenca, Travelers Casualty and Surety Company,and St Paul Fire and Manne Insurance Company,do hereby certdy that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies,which remains in full force and effect Dated this 2601 day of kra 2019 toe Oyu ""°qq a i •Kevin E Hughes,Ms ant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached Okane awarValley BOND NO: 107058277 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to WM Winkler Company (Contractor), as Principal,a contract for the construction of the project designated as 2019 Local Access Streets(M1dilome Neighborhood)Project No.0290 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to famish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws Connecticut and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ 1,345902.00 total Contract amount(including Washington State sales rax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39A2 RCW,including all workers,laborers,mechanics,subcontractors, and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the canying on of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been Milled,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 teens 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 Contractor the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. Wm.Winkler Company Travelers Casualty and Surety Company of America P' t OPAL(CONTRACTOR) ef 4/30/19 �[f Vv - 4/30/19 Pnn.. Signature Date Surety Signalise Date -- Brian 1.Winkler Thomas V A Davis Printed Name Printed Name President Mornay-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance, Inc.;501 N.Riverpoint Blvd.,Suite 403;Spokane.WA 99202 509-755-9338 CITY OF SPOKANE VALLEY 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) 4.0000. s BOND NO: 107058277 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to WM Winkler Company (Contractor), as Principal, a contract for the construction of the project designated as 2019 Local Access Streets (Midiome Neighborhood)Project No.02N in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of Connecticut and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,m the son of$ 1,345.902.00 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void,if and when the Principal, its heirs,executors,administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions, and changes to said Contract that may hereafter be made,at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the worlonanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in MI force and effect The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract,the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a filly executed and original power of attorney for the officer executing on behalf of the surety. Wm. Winkler Company Travelers asualty and Surety Company of America PRINCIPAL(CONTRAGfOR) SURE /Ap, 4/30/19 ��L{ 4/10/19 Prim ' ignanne Date Surety Signature Date Brian J.Winkler Thomas V A Davis Printed Name Printed Name President Attorney-in-Fact Title Tide Name,address,and telephone of local office/agent of Surety Company is: PavneWest Insurance.Inc.:501 N.Riverpoint Blvd.,Suite 403:Spokane.WA 99202 509-755.9118 Travelers Casualty and Surety Company of America AAS Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St Paul Fire and Manne Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Thomas V A Davis,of Spokane,Washington,their true and lawful Attomey-in-Fact to sign,execute, seal and acknowledge any and all bonds,recogmzances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. f Q•• .4, State of Connecticut By City of Hartford ss Robert L Raney,Se or Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St Paul Fire and Manne Insurance Company,and that he,as such,being authonzed so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authonzed officer In Witness Whereof,I hereunto set my hand and official seal Yy� y My Commission expires the 30th day of June.2021 ' ' \OMJL Q- 1lMlGllt t Mane C Tetreault,Notary Public This Power of Attomey is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St Paul Fire and Manna Insurance Company,which resolutions are now in full force and effect,reading as follows RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act far and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescnbe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity,and other wntings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her.and rt is FURTHER RESOLVED,that the Chairman, the President,any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authonty to one or more officers or employees of this Company,provided that each such delegation is in wnting and a copy thereof is filed in the office of the Secretary,and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity,or wnting obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Companys seal by a Secretary or Assistant Secretary, or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a wntten delegation of authority,and it FURTHER RESOLVED.that the signature of each of the following officers President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretanes or Attomeys-in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St Paul Fire and Menne Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies,which remains in full force and effect Dated this 26th day of Mir . 2019 °! , :, fr(/L/ Y •Kevin E Hughes,Ass3Yant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-namedAttomey-in-Fact and the details of the bond to which the power is attached. l ® CDATE IMMNDM'YY) ARO CERTIFICATE OF LIABILITY INSURANCE 04/26/2819 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 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). (ONTACT PRODUCER NAME _Parker,Smith&Feels, Inc (ApoHn Fel 425-]093600 lac,Nal 425-]09-]480 2233 112th Avenue NE EMAIL Bellevue,WA 98004 ADDRESS.- - INSUREROAFFORDINGCOVERAGE _ NAIC B _ _ INSURERA Phoenix Insurance Company _— INSURED INSURER B- Travelers Indemnity Co of America Wm Winkler Company PO Box 430 INSURERC Newman Lake,WA 99025 INSURER D_ - _ -- INSURERE INSURER F' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ADDL SUER POLICY EFF POLICY EXP TYPE OF INSURANCE MNLIMITS NS INSR WVD POLICY NUMBER IMOIYWYI IMMIDDIYYYYI Y'''A GENERAL LIABILITY DTCO6F734249PHX19 04/01/2019 04/01/2020 EACH OCCURRENCE $ 1,000.000 DAMAGE 500,000 IEe o¢urrence $ CLAIMS-MADE X OCCUR MED EXP Any one person) 5 10.000 X PD Ded $1,000 _ 1 PERSONAL a ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY X 7,9,- Loc $ B AUTOMOBILE LIABILITY 8108M609105192G 04/0112019 04101/2020 ((52acccident) NGLE LIMIT $ 1,000000 Xi ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED SCHEDUULEDAUTOS - BODILY INJURY Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Icer xndwll $ UMBRELLA LAS _OCCUR EACH OCCURRENCE $ 1 EXCESS LIAB 'CLAIMS-MADE AGGREGATE_ $ DED RETENTIONS $ WORKERS COMPENSATOR DTCO6F734249PHX19 WCSTATLL OTH., A ♦1AND EMPLOYERS'UABILITY YIN 04/01/2019 04/01/2020 — TOFYLJMITR X ERS NY PROPRIETORIPARTNERIEXECUTIVE WA Stop Gap/Employers EL EACH ACCIDENT $ 1.000,000 OFFICER/MEMBER EXCLUDED"' N I A Liability (Mandatory in NH) EL DISEASE-EA EWE LOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below 11,000,000 EL DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS I LOCATORS I VEHICLES (Attach ACORD 101,Additional Remarks SchadNe,d more space Is required) 2019 Local Access Streets(Midilome Nelghborhoad)Project -Capital Improvement Project No 0290- City of Spokane Valley is an additional insured on the general liability and automobile policies per the attached endorsements/forms (See Attached Description) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CIty of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. Attn Christine Bainbridge,City Clerk 10210 E Sprague Avenue AUTHORIZED REPRESENTATIVEn Spokane Valley,WA 99206 Vrw- 514 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I of 12 /1 I rm DESCRIPTIONS (Continued from Page 1 ) Coverage is primary and non-contributory on the general liability and automobile policies per the attached endorsements/forms Notice of cancellation for the general liability and automobile policies per the attached forms 2 of 11 �' " COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II —WHO IS AN (a) The Additional Insured — Owners, Les- INSURED. sees or Contractors — Scheduled Person Any person or organization that; or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional a. You agree in a written contract or agreement to Insured — Owners, Lessees or Contrac- include as an additional insured on this Coverage tors — Completed Operations endorse- Part; and ment CG 20 37 07 04 or CG 20 37 04 13, b. Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse- of those edition dates, or ment under this Coverage Part which includes (b) Either or both of the following: the Addi- such person or organization in the endorsement's tional Insured—Owners, Lessees or Con- schedule, tractors — Scheduled Person Or Organi- is an insured,but: zation endorsement CG 20 10, or the Ad- a. Only with respect to liability for "bodily injury" or ddional Insured — Owners, Lessees or "property damage" that occurs, or for "personal Contractors — Completed Operations en- injury" caused by an offense that is committed, dorsement CG 20 37, without an edition subsequent to the signing of that contract or date of such endorsement specified: agreement and while that part of the contract or the person or organization is an additional in- agreement is in effect: and sured only if the injury or damage is caused, b. Only as described in Paragraph (1), (2) or(3) be- in whole or In part, by acts or omissions of low, whichever applies you or your subcontractor in the performance (1) If the written contract or agreement specifical- of"your work"to which the written contract or ly requires you to provide additional insured agreement applies, or coverage to that person or organization by (3) If neither Paragraph(1) nor(2)above applies. the use of. (a) The person or organization is an addi- (a) The Additional Insured — Owners, Les- tional insured only if, and to the extent sees or Contractors— (Form B) endorse- that, the injury or damage is caused by ment CG 20 10 11 85; or acts or omissions of you or your subcon- (b) Either or both of the following. the Addi- tractor in the performance of "your work" tional Insured—Owners, Lessees or Con- to which the written contract or agree- tractors — Scheduled Person Or Organi- ment applies; and zation endorsement CG 20 10 10 01, or (b) Such person or organization does not the Additional Insured —Owners, Lessees qualify as an additional insured with re- or Contractors — Completed Operations spect 10 the independent acts or omis- endorsement CG 20 37 1 D 01, sions of such person or organization. the person or organization is an additional In- The insurance provided to such additional insured is sured only if the injury or damage arises out subject to the following provisions: of"your work" to which the written contract or a. If the Limits of Insurance of this Coverage Part agreement applies; shown in the Declarations exceed the minimum (2) If the written contract or agreement specifical- limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in- coverage to that person or organization by sured will be limited to such minimum required the use of limits For the purposes of determining whether CG D6 04 02 19 ®2017 The Travelers Indemnity Company Al rights reserved Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies,the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include' sidered to include the minimum limits of any Um- (a) How, when and where the "occurrence" brella or Excess liability coverage required for the or offense took place; additional insured by that written contract or (b) The names and addresses of any injured agreement This provision will not increase the persons and witnesses; and limits of insurance described in Section III—Limits (c) The nature and location of any injury or Of Insurance damage arising out of the "occurrence" or b. The insurance provided to such additional insured offense does not apply to: (2) If a claim is made or"suit" is brought against (1) Any "bodily injury', "property damage" or the addi0onal insured "personal injury" arising out of the providing, or failure to provide, any professional archi- (a) Immediately record the specifics of the tectural, engineenng or surveying services, claim or"suit"and the date received, and including: (b) Notify us as soon as practicable and see (a) The preparing, approving, or fading to to it that we receive written notice of the prepare or approve, maps, shop draw- claim or"suit" as soon as practicable. ings, opinions, reports, surveys, field or- (3) Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against (b) Supervisory, inspection, architectural or the"suit', and otherwise comply with all policy engineering activities. conditions (2) Any "bodily injury' or "properly damage" (4) Tender the defense and indemnity of any caused by "your work" and included in the claim or "suit" to any provider of other insur- "products-completed operations hazard" un- ance which would cover such additional in- less the written contract or agreement specifi- sured for a loss we cover. However,this con- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primacy period to other insurance available to such additional c. The additional insured must comply with the fol- insured which covers that person or organize- lowing duties lion as a named insured as described in Par- (1) Give us written notice as soon as practicable agraph 4., Other Insurance, of Section IV — of an "occurrence" or an offense which may Commercial General Liability Conditions. Page 2 of 2 0 2017 The Travelers indemnity Company All nghls reserved CG D6 04 02 19 POLICY NUMBER: ISSUE DATE 04-18-1B THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following. ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM (CONTIMJED ON IL TB 03) ss ® ADDRESS: _ CONTIMJED ON IL 18 03 — NEWMAN LAKE WA 99025 e o� i� PROVISIONS: If we cancel this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown In the schedule IL T4 06 03 11 ®2011 The Travelers Indemnity Company All rights reserved Page 1 of 1 3 4O POLICY NUMBER: DT-C0-6F734249-C0F-18 GENERAL PURPOSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US IL T4 05 03 11 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CONTINUATION OF FORM IL 14 05, PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1 . YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING TFE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE TFE BEGINNING OF TEE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. 1111 ,176 •v. eiM imas ae>= rim mane IL T8 03 Page 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: 04-18-1 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, GENERAL AGGREGATE IN A WRITTEN CONTRACT WHICH IS IN EFFECT LIMIT SHOWN ON THE DURING THIS POLICY PERIOD, TO PROVIDE A DECLARATIONS SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. Far all sums which the Insured becomes legally 3. Any payments made under COVERAGE A. obligated to pay as damages caused by "occur- for damages or under COVERAGE C. for rences" under COVERAGE A. (SECTION I), and medical expenses shall reduce the Desig- for all medical expenses caused by accidents un- nated Project General Aggregate Limit for der COVERAGE C (SECTION I), which can be that designated "project". Such payments attributed only to operations at a single desig- shall not reduce the General Aggregate Limit nated "project"shown in the Schedule above: shown in the Declarations nor shall they re- n. A separate Designated Project General Ag- duce any other Designated Project General gregate Limit applies to each designated"pro- Aggregate Limit for any other designated ject", and that limit is equal to the amount of "Project"shown in the Schedule above. the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented Project General Aggregate(s) are sched- To You and Medical Expense continue to uled above. apply. However, instead of being subject to 2. The Designated Project General Aggregate the General Aggregate Limit shown in the Limit is the most we will pay for the sum of all Declarations, such limas will be subject to the damages under COVERAGE A., except applicable Designated Project General Ag- damages because of "bodily injury" or"prop gregate Limit. erty damage" included In the "products- B. For all sums which the insured becomes legally completed operations hazard", and for medi- obligated to pay as damages caused by "occur- cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION I), and less of the number of: for all medical expenses caused by accidents un- a. Insureds, der COVERAGE C. (SECTION IL which cannot be attributed only to operations at a single desig- b. Claims made or"suits" brought or nated"project"shown in the Schedule above- c. Persons or organizations making claims 1. Any payments made under COVERAGE A. or bringing"suits" for damages or under COVERAGE C, for medical expenses shall reduce the amount CG D2 11 11 03 Copyright,The Travelers Indemnity Company,2003 Page 1 of 2 COMMERCIAL GENERAL LIABILITY available under the General Aggregate Limit gregate Limit, and not reduce the General Aggre- or the Products-Completed Operations Ag- gate Limit nor the Designated Project General gregate Limit, whichever is applicab e; and Aggregate Limit. 2. Such payments shall not reduce any Desig- D. For the purposes of this endorsement the Defini- nated Project General Aggregate Limit. tions Section is amended by the addition of the C. When coverage for liability arising out of the following definition: "products-completed operations hazard" is pro- "Project" means all work performed by or for you vided, any payments for damages because of pursuant to a separate written contract. "bodily injury" or "property damage" included in E. The provisions of SECTION III — LIMITS OF the "products-completed operations hazard" will INSURANCE not otherwise modified by this en- reduce the Products-Completed Operations Ag- dorsement shall continue to apply as stipulated, •e: eec ea os .a ria "jM Page 2 of 2 Copyright,The Travelers Indemnity Company, 2003 CG D2 11 11 03 0143111 THIS PAGE INTENTIONALLY LEFT BLANK COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5-, Other 1. The following is added to Paragraph A.1.c.. Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured. of SECTION II — COVERED CONDITIONS- AUTOS LIABILITY COVERAGE Regardless of the provisions of paragraph a and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "properly damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization. that is signed by you before the Liability Coverage. but only for damages to which "bodily injury" or "properly damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory conduct of another'insured" CA T4 74 02 16 ©tate The Travelers Indemnity company All rights reserved Paget of 1 Includes copyfighted material of Insurance Services Office,Inc with its permission POLICY NUMBER:: ISSUE DATE: 04-17-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 _ PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS EEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: If we cancel this policy for any statutorily permitted above We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 a;20i i The Travelers mdemndy Company All ogres reserved Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5. Other 1. The following is added to Paragraph A.t.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured of SECTION II — COVERED CONDITIONS' AUTOS LIABILITY COVERAGE- Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this pad 5. Other Insurance,this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage' occurs and first named insured when the written contract or that is in effect during the policy period to name agreement between you and that person or as an additional insured for Covered Autos organization. that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory conduct of another"insured" CA T4 74 02 16 ea 2016 The Travelers Indemnity Company Alt rights reserved Page 1 of 1 Includes copynghled material of Insurance Semmes(Mice,Inc with IIS permission PART 2 BID PROPOSAL DOCUMENTS Bid Proposal Checklist Proposal Form Certification of Compliance with Wage Payment Statutes Contractor's Administrative Information Bidder Qualification Statement Local Agency Subcontractor List Bid Deposit Form Bid Deposit Surety Bond Form Representations and Certifications Bid Question Form /\ °S = 1� -{c1-. ���e\1\\`! ,, BIDDERS PACKET 2019 Local Access Streets (Midilome Neighborhood) Capital Improvement Project No.: 0290 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 in 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: [x] Bid Proposal Checklist [x] Proposal Form [x] Certification of Compliance with Wage Payment Statutes [x] Contractor's Administrative Information [x] Bidder Qualification Statement [x] Local Agency Subcontractor List [x] Bid Deposit Form [x] Bid Deposit Surety Bond Form (Use only if submitting Bond for Bid Deposit) [x] Representations and Certifications The above forms have been inserted in a sealed envelope, properly identified and delivered at the place and time described in the Notice to Contractors form. Signature: Date: April 12,2019 Title: President Company: Wm Winkler Company CITY OF SPOKANE VALLEY 1 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) PROPOSAL FORM PROJECT NUMBER: 0290 PROJECT TITLE: 2019 Local Access Streets (Midilome Neighborhood) NAME OF FIRM SUBMITTING BID: Wm Winkler 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 acknowled es receipt of the following addenda by checking the box(es): © 1 X❑ 2 31 3 ❑4 ❑ 5 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 Forty four (44) 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 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) BID SCHEDULE A ITEM# ITEM DESCRIPTION SPECS UNIT QUANTITY PRICE/ TOTAL UNIT 100 MINOR CHANGE 1-045P CALC 1 $20,000.00 $20,000.00 I 101 CONSTRUCTION SURVEYING 1-05 SP L.S. 1 $15,894.00 515,894.00 i 102 SPCC PLAN 1-O7 SP L.S. 1 5349.00 $349.00 103 PUBLIC LIAISION REPRESENTATIVE 1-07 SP L.S. 1 59,058 00 89.068.00 104 MOBILIZATION 1-09 SP L.S. 1 $71,883.00 $71,883.00 105 PROJECT TEMPORARY TRAFFIC CONTROL 1-10 SP L.S. 1 $36,717.00 535,717 00 106 DOCUMENTATION COMPLIANCE 1-11 SP L.S. 1 $10,000.00* $10,000.00* 107 REMOVE CEMENT CONCRETE CURB 2-02 SP L.F. 880 $10 80 89,504.00 108 REMOVE CEMENT CONCRETE SIDEWALK /DRIVEWAY APPROACH 2-025P S.Y. 390 $49 10 $19.149 00 109 PULVERIZATION, 91N THICK 2-03 SP 5.Y 45600 $1.45 $66,120.00 110 FDR ROADWAY EXCAVATION INCL.HAUL 2-03 SP C.Y. 1500 521.60 532,400.00 111 ROADWAY EXCAVATION INCL. HAUL 2-035P C.Y. 80 524.40 $1.952 00 112 CRUSHED SURFACING TOP COURSE,6 IN.DEPTH 4-04 SP S.Y. 300 $19 90 $5,970.00 113 PORTLAND CEMENT TYPE 2 4-05 SP TON 470* $162.50 $76,375 00 114 CEMENT TREATED BASE,6 IN. DEPTH 4-05 SP 5.Y. 45,600 $3.45 $157,320 00 115 HMA CL.3/8"PG 645-28 3 IN. DEPTH 5-04 SP 5.Y. 45,900 $12.90 $592, 110 00 116 JOB MIX COMPLIANCE PRICE $1.00 ADJUSTMENT 5-045P CALC 1 $1.00 117 COMPACTION PRICE ADJUSTMENT 5-04 SP CALC 1 $1.00 $1.00 118 UTILITY CASTING DEPTH COMPLIANCE S-045P CALC 1 $1.00 $1.00 119 ADJUST EXISTING MANHOLE 7-05 SP EACH 30 $645 00 $19,350.00 120 ADJUST EXISTING CATCH BASIN OR DRYWELL 7-05 SP EACH 12 5686.50 $8,238.00 121 ADJUST EXISTING WATER VALVE 7-12 SP EACH 45 $687.00 $30, 915 00 122 EROSION CONTROL AND WATER POLLUTION PREVENTION 8-01 SP L.S. 1 53.407 00 53,407.00 *Revised per Addendum CITY OF SPOKANE VALLEY 3 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) BID SCHEDULE A CONT. ITEM# ITEM DESCRIPTION SPECS UNIT QUANTITY PRICE TOTAL UNIT 123 IRRIGATION SYSTEM REVISION 8-03 SP EST. 1 $10,000.00 $10,000.00 124 CEMENT CONC. PEDESTRIAN CURB 8-04 SP L.F. 615 $26 50 $16,297 50 125 CEMENT CONC.TRAFFIC CURB TYPE A 8-04 SP L.F. 880 $39.80 $35,024 00 126 CEMENT CONC. CURB RAMP TYPE 8-145P EACH 28 $2, 366.00 $66,298 00 PARALLELA CEMENT 127 CUSTOM CONC. CURB RAMP TYPE 8-14 SP EACH 1 02. 340 00 $2,340.00 128 CEMENT CONC.SIDEWALK 8-14 SP S.Y. 100 $77.90 $7,790.00 129 PLASTIC CROSSWALK LINE 8-22 SP S.F. 144 $9.25 $1,332 00 130 PLASTIC STOP LINE 8-22 SP L.F. 80 $12 30 $984 00 131* POTHOLE UTILITY 2-02 SP EACH 15 $339.50 $5,092.50 *Revised per Addendum SCHEDULE A SUBTOTAL= 1,331,832 00 1 BID SCHEDULE B ITEM#* ITEM DESCRIPTION SPECS UNIT QUANTITY PRICE TOTAL UNIT 200 DUCTILE IRON STORM SEWER PIPE 10 7-045P L.F. 8 $187.00 $1,496 00 IN. DIA. 201 SPELL CONTROL SEPARATOR 7-05 SP EACH 4 $172 50 $690.00 202 CATCH BASIN TYPE 1 7-05 SP EACH 4 $1,009 00 $9,036 00 203 CONNECTION TO EXISTING DRYWELL 7-05 SP EACH 1 51,137.00 $1,137 00 204 CURB INLET TYPE 1 7-05 SP EACH 2 $100.00 $200 00 205 CURB INLET TYPE 7-055P EACH 1 $1,511.00 01,511.00 206 MINOR CHANGE 1-04 SP EST. 1 $5,000.00 $5,000.00 *Revised per Addendum SCHEDULE B SUBTOTAL= $14,070 0o Person/Entity Name: Brian ��JJ.. 1Winkler/President Signature Of Bidder: l-�2(AIL --(-2C---- SCH. A SUBTOTAL 51,331,832.00 i Company: Wm.Winkler Company SCH. B SUBTOTAL $14,070.00 Date:4/12/19 TOTAL SCH.A AND B $1,395,902 00 CITY OF SPOKANE VALLEY 4 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) 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: Wm Winkler Company Name or Contractor/Bidder—Print full legal entity name of firm By: — -.l -c-��-.-t=t--... - Briant Winkler Signature ofauthorizcd Pnnt Name of person making certifications for firm Title: President Place: Newman take,WA Title of person signing certificate Print city and state where signed Date: April 12,2019 CITY OF SPOKANE VALLEY 5 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) CONTRACTOR'S ADMINISTRATIVE INFORMATION 1. PERSON/ENTITY a. Name as registered with the State of Washington: Wm Winkler Company b. Physical Address: 5516 N.Starr Rd,Newman Lake,WA 99025 c. Mailing Address including zip code: Po Box 430,Newman take,WA 99025 d. Remit To Address including zip code: Po Box430,Newman Lake,WA 99025 e. Telephone number including area code: 509-489-6100 f. Fax number including area code: 509-484-0646 g. E-mail address for business correspondence: brlan@wmwinkier.com h. Washington State Contractors License Number: WMWINC•93SLA i. Federal Tax Identification Number: 87-0797464 j. Washington State UBI Number: 602703784 k. State Industrial Account Identification Number: 39,956-01 I. City of Spokane Valley Business License Number: 602703784 lemma License no/myna4 for Bb,but will Ga npwed mar to Cannel eeweonl 2. INSURANCE COMPANY: a. Name of company' Parker Smith reek b. Mailing Address including zip code: 2233 112th Avenue NE,Bellevue,WA 98004 c. Insurance Agent Name: Kyiene K.Hendren d. Insurance Agent Telephone number including area code: 425-709-3787 e. Insurance Agent Fax number including area code: 425-709-7460 3. BONDING COMPANY: a. Surety Name: Travelers Bond b. Surety Mailing Address including zip code: 707 West Main 8300,Spokane,WA 99201 c. Bonding Agent Name: Torn Davis,Payne West d. Bonding Agent Mailing Address including zip code: sto N Rlverpoint Blvd,Suite 403,Spokane,WA 99202 e. Bonding Agent Telephone number including area code: 509-838-3501 1. Bonding Agent Fax number including area code:509-838-3511 //,, ��/ Person/Entity Name: Brian L Winkler,President Signature Of Bidder: C�� Company: Wm Winkler company Date: Apnl12,2019 CITY OF SPOKANE VALLEY 6 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) 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. 1.The company has been in business continuously from (month and year) January 1919 2. The company has had experience comparable to that required under the proposed contract: a.As a prime contractor for 64 years. b.As a subcontractor for loo 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 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 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. 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& I, Employment Security or Revenue. NONE c. Liens being filed by suppliers or subcontractors. NONE Person/Entity Name: Brian I Winkler,President Signature Of Bidder:64X Company: wm Winkler Company Date: Apn112,2019 CITY OF SPOKANE VALLEY 7 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) LCCiiPOMOy Name City of Spokane Valley Local Agency Subcontractor List Loral ApargMd&na Prepared ea comphence war RCW 3930060 as emended City of Spokane Valley 10210 E Sprague Avenue Spokane Wiley,WA 99206 To Be Submitted with the Bid Proposal Project Name 2019 Local Access Streets(Midllome Neighborhood) Failure to list subcontractors with whom the bidder,if awarded the contract,will directly subcontract for performance of the work of heating,ventilation and air conditioning,plumbing,as described in Chapter 18.106 ROW,and electrical,as described in Chapter 1828 RCW or naming more than one subcontractor to perform the same work will result In your bid being non-responsive and therefore void. Subcontractor(s)with whom the bidder will directly subcontract that are proposed to perform the work of heating, ventilation and air conditioning,plumbing,as described in Chapter 18.106 RCW,and electrical as desenbed in Chapter 19 28 RCW punt be listed below The work to be performed is to be listed below the subwrractor(s)name To the extent the Protect Includes one or more catenaries of work referenced in RCW 3930 060 and no subcontractor is listed below to oprform suet work the bidder certifies that the work will either III be performed by the bidder Itself or I10 be oerformed bva lower tier subrontrartor who will not contract directly sidtb the bidder Subcontractor Name n/a Work to be Performed Subcontractor Name n/a Work to be Performed Subcontractor Name n/a Work to be Performed Subcontractor Name n/a Work to be Performed Subcontractor Name n/a Work to be Performed •adder's are notified gnat is the opinion of the enforcement agency that PVC or metal conduit,junction boxes,etc,we considered electrical equipment and therefore considered part of electncal work,even If the installation is for future use and no winng or electrical current is connected during the project SR DOT Form 271.015A EF eewN 0ydn2 CITY OF SPOKANE VALLEY 8 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) 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. IT IS 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 "cash" 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: Brian s Winkler,President Signature Of Bidder: 007 Company: Wm Winkler Company Date: April 12,2019 CITY OF SPOKANE VALLEY 9 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) BOND NO: N/A CONTRACTOR'S BID DEPOSIT SURETY BOND to City of Spokane Valley,Washington We, Wm. Winkler 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 Travelers Casualty and Surety Company of America, as Surety, organized and existing under the laws of the State of Connecticut , 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 $ Five Percent of Amount 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 2019 Local Access Streets (Midilome Neighborhood), Capital Improvement Project#0290 NOW THEREFORE, the condition of the obligation is such that if the Obligee shall accept the bid of Principal and make timely award to the Principal according to the terms 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 ifthe 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. Wm.Winkler Company Travelers Casualty and Surety Company of America PRINCIPAL(CONTRACTOR) SURETY (`''-mature_( ��-`"-+--4N/19 at, e1�Yn�.�-spy 4/4,�t9 PrincipafSignature Date urety Signature /v-�Qv ate Bran.). Winkler Cynthia L.Heiney Printed Name Printed Name President Attorney—In—Fact Title Tale Name, address,and telephone of local office/agent of Surety Company is: J?avneW est Insurance. Inc.: 501 N.Ravemoint Blvd.'Suite 403 Spokane.WA 99202 509-755-9338 Reused 1 14 14. CITY OF SPOKANE VALLEY 10 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) Travelers Casualty and Surety Company of America �. Travelers Casualty and Surety Company TRAVELERS J St.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America.Travelers Casualty and Surely Company.and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the *Companies,.and that the Companies do hereby make,constitute and appoint Cynthia L.Harney,of Boise,Idaho,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizance%conditional undertakings and other wntirgs obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. to Ass. LP/ k:Epcopir 4 Oar State of Connecticut By. City of Hartford ss. Robed L.Raney.Se for Vice President On this the 3rd day of February,2017,before me personally appeared Robert L Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of Amenca,Travelers Casualty and Surely Company,and St.Paul Fire and Marine Insurance Company,and that he.as such.being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. Vy� {�-r������} My Commission expires the 30th day of June.2021 •'^: �-1" C. Mee C.Tetreaull,Notary Public r ' • V This Power of Attorney is granted under and by the authority of the fo0owing resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America.Travelers Casualty and Surely Company,and SI.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President.any Senior Vice President.any Vice President.any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority es his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of Indenn i y,and other writings obligatory M the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any pad of the foregoing authority to one or more officers or employees of this Company,piovided that each such delegation is in writing and a copy thereof Is filed in the office of the Secretary:and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer,any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal.if required)by one or more Attorneys-In-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority,and it is FURTHER RESOLVED,that the signature of sad,of the following officers'President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsbn0e signature and facsimile seal shal be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casually and Surety Company of America, Travelers Casualty and Surely Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above end foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this as day of Apra . 2019 feaimq. �... .,a a Set29‘11 44. Kevin E. Hughes,AssBUM Secretary lb venni the authenticity of this Power ofAttnmey,please out us at2-800.021-3880. Please refer to the above-named Attorney-in-Fed and the details of the bond to which the power Is attached 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)(b), 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 final 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: Brian Winkler/Wm Winkler Company /Persoon/entity submitting bid (print) Signature: ( y.g(;ci 2i7 Title: President Date: Apn112,2019 CITY OF SPOKANE VALLEY 11 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) Bid Question Form 2019 Local Access Streets (Midilome Neighborhood) City of Spokane Valley CIP No. 0290 In accordance with Section 1-02.4(1) General, the following form is provided for noting errors or conflicts found in the plans or specifications or for asking questions that are pertinent to bidding the contract. Submit the form by email to Adam Jackson and Candice Powers-Henderson. The Subject line must include the project name and number. See example below: To: aiackson@spokanevallev.orq; cphenderson@spokanevallev.orq Subject: 2019 Local Access Streets (Midilome Neighborhood)#0290 All emails must be received by 10:00 a.m., 72 hours prior to the bid opening to allow the City time to respond. The Engineer will issue clarifications via addenda, emailed to questioner and all prospective bidders listed on the Planholder's List. I have the following question: Specification Reference or Page No: Detail No. Plan Sheet No. Please respond to: Name Company Address Email address CITY OF SPOKANE VALLEY 12 BID PROPOSAL DOCUMENTS 2019 LOCAL ACCESS STREETS (MIDILOME NEIGHBORHOOD) 0 La a (atV Q c aci L m v 14. no m m iit ii1 a o r0 ti O N c-1 M ?� i c cc N 00 to ccO � v DD v Q1 m V LL 01 N m `n m 1O N N CN ^ N 61 O 111 (O LO C Ql M Ol O N V) V ^ v ■ Y .,:i.t O Ul W V Ol Ol O V N vl •--I V o 0 O O rl N 00 00 O d' n vl Ol LI) N Ql N ,� O al NI O ,--I Q1 O ,-1 O1 ct CO N M ) Lb W Q1 NO ai O1 O us NO Q N V OLf1 OF . )0' m >Q , �i j N CO Cr, 01 CT cn m p �y t- t M Lc > N O1 uj Q v p >Q O cn 0 O ( , Ol 'ct vi Ql Cn m — m• > Ln O L--J.-, N Ql ^ t0 In N C) 01 ,--1 'NV Q yr > • �' o Q ,� c n C o m o ,•��- C . 0 a! > N O c N C N co al 01 Q> 01 N i,1 1�% a) 01 V aJ 'O c O Y Ql at 7 Ol Iil(�77ii U K m Y Y al d N Q N Q .._.�'.: r U Y a+ C 5 L1 O O ID al N o C am Q�J` Q cii ni N c a1 '' Y al N r . cc w N N4. a) N a1 +--+ •> E o Y a`-- — Y m r0 O cc cn c-I a'+ in O c a-. 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E' a 4` W 1 c t, ) 0r--J \s.-4. / Opf, ( W Y 0 U C c _ _ o —� � 1 al 1 3 N fig e 17: FLJDC� ANO-- r '�i p 1 I o ( AN : g i il Rte774 ai,„ � EE cE L5# O ego H. i; L 1..,1g' e §t sr a4.1•111.1111, . — r.r ..ter ,...1..` 11110110 e- .1♦ 2of E jil C 1 91 Pi iii y ll y 1 r.�� !I ?lir 4.1 t;, i Iii c� If e z .R � i �F g, -zq gi ws s= 8i 'f rt E- tj xl '1 § _ 1. ,d,C _J 1 b L g o 2,1 p 4- =e Summary Resume of Bill Kling Senior Project Manager Bill has 30 years in the construction industry beginning in the field as a craftsman. His experience has included all facets of commercial, industrial,governmental and corporate construction throughout the region. Bill is very active in industry associations as well community organizations in the region serving as Chairman of the Inland Pacific Chapter of the Associated Builders&Contractors(2008), President of The Children's Village Foundation(2016)and he is a graduate of the Coeur d'Alene Chamber of Commerce Leadership Academy.Bill has been intimately involved in constructability, design/build and design in process fast track projects. He has worked within significant hospital projects occurring simultaneously with on-going patient care operations for steam plant,electrical, MRI and surgical expansions. He has also worked in other restrictive environmentally or security sensitive areas such as food processing, confined spaces, high security/confidentiality locations. Experience 1989-2001 Contractors Northwest Inc.(Coeur d'Alene, ID) Project Manager 2001-2011 Polin&Young Construction Inc.(Hayden, ID)Vice President 2011-2013 Ginno Construction Company(Coeur d'Alene, ID)Senior Project Manager 2013-2015 Kling Built Construction, LLC(Hayden, ID)Owner 2015-current Wm Winkler Company(Newman Lake,WA)Senior Project Manager Certification &Training Graduate Boise State University,General Studies Industrial Technology, University of Idaho National Superintendents Academy,Clemson University Project Experience Overview STEP PH 1 Tribal Casino(Airway Heights,WA) New site development and casino/resort for the Spokane Tribe of Indians. Includes eleven acre site preparation and development and a new revision/roundabout (WSDOT) at casino entry. Reference: Les Martin, Project Manager, Swinerton Construction, 206-718-2167 Autozone Distribution Center(Pasco,WA) This 435,000 square foot facility and additional truck maintenance facility utilized over 7,990 cubic yards of structural concrete, tilt-up, performance slab on grade and deck. The project was fast tracked and constructed through the winter to accommodate the owner's schedule. Reference:Jim Lamb,Project Manager 801-415-6081 Town of Rockford Lagoon#3 Replacement(Rockford,WA) Demolition of existing waste water lagoon facility including eight acres of reconstruction with import/export,lagoon liner and outfall/treatment structures,utilities and site restoration.Reference:Lane Merrit,JUB Engineers 509-458- 3727 Additional projects upon request. -rn 4"'3 1 4'A:{�ti17VKLEti�l•© foiln(IF!n.t7n.,CTon Summary Resume of Joseph A. Chavez Civil Group-Field Superintendent Joe has significant experience in managing civil field crews as well as operating a variety of equipment including dozers,excavators,scrapers and forklifts.His experience includes all facets of civil work for governmental,corporate and private entities. He currently is the superintendent for the Civil Group operations. Experience 2015-current Wm Winkler Company(Newman Lake,WA) Field Superintendent 2000-2015 Continental Contractors(Spokane,WA) Foreman 1998-1999 Interstate Brands(Spokane, WA) Route Salesman/Driver Certification&Training Class A CDL with doubles,triples,tanker and hazrnat endorsement First Aid&CPR Certified Bloodborne Pathogens Certification First Responder Training&Certification Trenching&Excavation Certification Rigger &Signaling Certification Forklift Certification Project Overview Vera Water& Power(Spokane Valley,WA) Abandonment of existing drain-field and construction of a new lift station,gravity sewer,force main, manholes, cement treated base and asphalt pavement. ITD Highway 41-Seltice to Green's Ferry Road (Post Falls, ID) Major reconstruction including demolition, excavation, construction of a new retaining wall, asphalt paving and new signalization. Twisted Willows Sub-Division Development (Spokane County,WA) Construction of a new sub-division including water,sanitary sewer,curbs,curb and gutter,sidewalks,ADA ramps, asphalt pavement. Additional projects upon request. rcuRErE W tTR4CJLN