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19-128.00 LaRiviere: 2019 Stormwater Small Works Contract No. 19-128 CONSTRUCTION AGREEMENT LaRiviere,Inc 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 LaRiviere,Inc("Contractor")jointly referred to as the'Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: I 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 Stormwater Small Works Package(the"Work")in accordance with documents described in Exhibit B and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"),and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in atimely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work 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 of$300.00 per day. These liquidated damages are not a penalty,but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$144276, based on the bid submitted by Contractor (Exhibit C),and as may be adjusted in accordance with the Contract Documents. Contract Forms Page I of 10 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: Thomas LaRiviere Phone:(509)720-5000 Phone:208-683-2646 Address: 10210 East Sprague Avenue Address: 17564 N.Dylan Ct Spokane Valley,WA 99206 Rathdrum, ID 83858 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 Reeardine 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: I. 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.Prevailine Waees on Public Works Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an 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 Contract Forms Page 2 of 10 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: httos://fortress.wa.gov/Ini/wagelookup/prvWagelookumasox B. This Project is located in Spokane County. C The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved,and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defector failure occurs in work or materials. Contractor shall,within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 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. Contract Forms Page 3 of I 0 15.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms Alternatively,Contractor may elect to have the City retain 10%of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08 010(3). 16. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives,or employees. A. Minimum Scone of Insurance. Contractor shall obtain insurance of the types described below: I.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2 Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability, personal injury, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3 Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits• 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000.000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence. $2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C.Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2.Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation Contract Forms Page 4 of 10 notice within two business days of receipt by Contractor. 3.If Contractor maintains higher insurance limits than the minimums shown above.City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement. upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E Evidence of Coverage As evidence of the insurance coverages required by this Agreement. Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit D. 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,attorneys 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, Contractors 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. Contractor's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor.Contractor's agents,subcontractors,subconsultants,and employees. Contract Forms Page 5 of 10 Contractor's duty to defend.indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies, City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages.compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractors 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. Assienment and Delegation. Neither party shall assign. transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party 20.Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 22. Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(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. 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. Contract Forms Page 6 of 10 accepted,or granted a present or future gift,favor,service, or other thing of value from any person with an interest in this Agreement. 26.Business Registration. Prior to commencement of Work under this Agreement.Contractor shall register with the City as a business if it has not already done so. 27.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 28. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Assurance of compliance with applicable federal laws B. Scope of Work C. Cost Statement D. Insurance Endorsements E.Performance and Payment Bond t_O1Get-. The Parties have executed this Agreement this 3, --day �day of CID` ' , 2019 CITY OF SPOKANE VALLEY: Contracto Mark alhoun,City Manager :y: Its: • thorized Representative ATTEST.") Christine Bainbridge,City Clerk APPROVED AS TO FORM: 76/eMrieAfcr,..cJ by ...Can a duet- Offic- of the City Attorney Contract Forms Page 7 of 10 Exhibit A—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 of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4.Information and Reports The Contractor shall provide all information and reports required by the Acts. the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance:In the event of a Contractors noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: a. withholding payments to the Contractor under the Agreement until the Contractor complies;and/or b.cancelling,terminating,or suspending the Agreement,in whole or in part. 6.Incorporation of Provisions:The Contractor shall include the provisions of paragraphs one through six of this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Contract Forms Page 8 of 10 Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973. (29 U.S.0 §794 et seq.), as amended. (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U S.C.§6101 et seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982,(49 USC §471. Section 47123), as amended,(prohibits discrimination based on race, creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and 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.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color,national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations, Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100); Title IX of the Education Amendments of 1972. as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §168! et seq.). Contract Forms Page 9 of 10 Exhibit B: Scope of Work 2019 Stormwater Small Works SVPW Contract#19-128 The following are herein incorporated by reference and are part of this contract to be executed as the scope of work, provided that if any provisions in such documents conflict with the terms of this Agreement,the terms of this Agreement shall control: 1. "Contract Provisions and Plans for Construction of: 2019 Stormwater Small Works Package, Bid No. 19-128; Conformed Set" 2. "Standard Specifications for Road, Bridge, and Municipal Construction 2016,M 41-10" as issued from the Washington State Department of Transportation and the American Public Works Association(APWA), Washington State Chapter. 3. Also incorporated into the Contract Documents by reference are: a. Manual on Uniform Traffic Control Devices for Streets and Highways,currently adopted edition, with Washington State modifications, if any b. Standard Plans for Road,Bridge and Municipal Construction, WSDOT/APWA, current edition c. City of Spokane Valley Standard Plans General Description of Work: This project has approximately 55 sites throughout the City of Spokane Valley where stormwater improvements will be made. The project provides mitigation of gravel shoulder ponding by adding miscellaneous grading and installing pervious gravel shoulder sections. The miscellaneous grading includes creating a shallow(0.2' to 0.5')depression/ditch to help collect ponding water in the vicinity. The depression will then be installed with a pervious gravel shoulder section to help facilitate infiltration. The pervious gravel shoulder section will be a 2' wide by 1.5' deep infiltration trench backfilled with fractured basalt rock. .00 BOND No: 5D762499 Effective Date: First Day of The Contract 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 LaRivlere,Inc.(Contractor),as Principal,a contract for the construction of the project designated as 2.019 Stormwater Small Works Project No.J9-12S in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCN'). The Principal, and Nationwide Mutual Insurance Company (Surety), a corporation organized under the laws Ohio and licensed to do busmess 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$ 144,27600--total Contract amount (including Washington State sales tax), subject to the provisions herein This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay an persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics. subcontractors,and rraterialmen,and all persons who shall supply such contractor or subcontractor with provisions andsupplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such requiredpayments;and if such payment obligations have not been fulfilled this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the tams 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 Thisbe.. -. be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will,.. be•. ted if it is accompanied by a fully executed and original power of attorney forth officer executing on behalf of surety. L•"iviere, I c. Nationwide Mutual Insurance Company P• I OPAL aNTRACTOR) SURETY i lI - Ii �ra.+r_srri i,,.f 1' . �1 t r ., 09/26/2019 are Date Surety SignatureDate Date M1, ames Cherie M. Boadle • ',ted N., e Printed Name G.ner. Mana.er Attorney-In-Fact Tit7W Title Name,address,and telephone of local office/agent of Surety Company is: Inland Insurance, Inc./Jim Dinneen 9016 E Indiana, Suite A, Spokane Valley WA 99212 Rnn.J 114 Slio`lane BOND NO. BD762499 Effective Date: First Day of The Contract CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to LaRIvtere,Inc. (Contractor), as Principal, a contract for the construction of the project designated as 2019 Stormwater Small Works Project No.59-128 in Spokane Valley,Washington and said Principal is required under the terms of the Contract to furnish a performance band in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Nationwide Mutual Insurance Company (Surety), a corporation, organized under the laws of Ohio and licensed to do business in the State of Washington as surety and named m 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$144,276.00—total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void,if and when the Principal,its heirs,executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made,at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and matenals incorporated into the work for the period identified in the Conan;and if such performance obligations have not been fulfilled,this bond shall remain in fill 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. ••nd may be executed in two original counterparts,and shall be signed by die parties'duly authorized officers.This bond will o• be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of tbesu . LaRivl=re, Inc. Nationwide Mutual Insurance Company PRAT (CONTRACTOR) U TY pp%v a: : 2019 iZ 1 Uv'1/-iii-C-- 09/26/2019 Signature Date Surety Signature Date ew James Charly M Boadle -•Name Printed Name enteral Manager Attorney-In-Fact Title Tide Name,address,and telephone of local office/agent of Surety Company is Inland Insurance, Inc./Jim Dinneen 9016 E. Indiana, Suite A, Spokane Valley WA 99212 Updated 1 14.2013 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company,an Ohio caper alien AMCO Insurance Company,an Iowa corporation Med Property end Casualty Insurance Company,an Iowa corporation hereinafter referred to severally es the'Company'and collectively as The Companies"does hereby make,constitute and appoint JAMES P.DINNEEN JOHN L.GREEN CHARLA M.BOADLE MICHELLE J.HEYN SPOKANE VALLEY WA each In their individual capacity.Is We and lawful attorney-in-fact,wllh full power and authority to sign.seas.end execute on Its behalf any and all bonds and undertakings,and other obligatory Instruments of similar nature.in penalties not exceeding the sun of TEN MILLION AND NO/Ilio DOLLARS $10,000.000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;end all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. TNM power Of attorney Is',ade and executed pursuant to and by authority of the follodng resolution duly adopted by the board of directors of the Company 'RESOLVED,that the president,or any vice president be.and each hereby is,authorized and empowered to appoint altorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forma,application,memorandums,undertakings, recognizance.,Irensrers,contracts of Irdemray.policies,contracts guaranteeing tiro fidelity of persons holding positions of pubic or private trust.and other writings obligatory in nature that IM business of the Company may require:and to modify or revoke.with or without cause,any such appointment or authority,provided.however,that the authority granted hereby shall in no way lint the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company' 'RESOLVED FURTHER.that such attorneys-tmbct shall have full power and authority to execute are deliver any and all such documents end to bind the Company subject to the terms and tmutatfons of the power of attorney Issued to them,and to affix the seal of the Company thereto:provided,however.that said seal shad not be necessary for the validity of any such documents: This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company Execution of InNnn t My wee president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,Instruments,contracts,or other papers In connection with the operallon of the business of the company In addition to the chairman of the board the chief executive officer,president,treasurer or secretary.provided,however,the signature of any of them may be printed.engraved,or stamped on any approved document,contract,Instrument or other papers of the Company IN WITNESS WHEREOF,the Company has cawed this lnstrurneard o/plesealed and duly attested by the signature of Its officer the 271" day of February 2019 re�� sit n wi Antonio C.Albanese.Vice President of Nationwide Mutuaw Matta)!Insance Company.AMC()insurance as ISS,4, oda fets4 Company.Allied Property and Casualty Insurance Company •0, SEAL)4 /• SEAL •] ACKNOWLEDGMENT ` '' "". / '/ STATE OF NEW YORK,COUNTY OF NEW YORK se ,``a-ol�I 1,`A= I On this gT°day of February 2019.before me came the above-named officer for the Company aforesaid.to me personally Known to be the officer described M end vino executed the preceding Instrument,and he acknowledged the execution of the Game,elk being by me duly sworn.deposes iW � and says,that he Is the officer of the Company aforesaid.that the seal added hereto Is the asaw � corporate seal of said Company,and the said corporate seal wed Ns signature were duly affixed ' ' /:SEAL and subscribed to said instrument by the authority and direction of said Company slionI 'Immo c. Gminin,raFrlrinMMr K.loll yym..ion"' w 4'LWI CERTIFICATE I Laura B Gan.Assistant Secretary the d therein hpe in do hereby certify that the foregoingm a fun,guy weed copy t the original imam of attorneythe same d by e revolted evolter mel the dedl ri an n ,tha s I a Antonio and Alban transcript from the of the of the meetings the of the noos of directors andthsame has not been theC ompe y emended in anyrmanner,atthat said natir C Albanese was duly the Bede Gthu axeceKot of thes Insingtrument power othe authority theofduly elected officer of the Company and the corporate seal end his signature as omm were day affixed end subscribed to said IroMument by the authority of said board of Wrectors;and the foregoing power of attorney is skit in lull force and effect IN RNEYy SS WHEREOF,I have hereunto subscribed my name as Asaiaent Secretary,and affixed the corporate seal of geld Company this )L. day of o\ctW[A N' -+ Assistant Secretary 30J 1(02-19)00 26535 arvar BOND NO: BD7901O12783 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to LaRiviere,Inc.("Connecta?),as Principal,a contract for the construction of the project designated as f2019 Stormwater Small Works) Project No.jProiect 19-128)(the"Contract')in Spokane Valley,Washington. The Principal,existing under and by virtue of the laws of the State of Washington and authonzed to do business m the State of Washington, and Nationwide Mutual Insurance Company organized and existing under the laws of the State of Ohio 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 am similarly held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW, in the penal sum of 5% of the Contract, which is Seven Thousand Two Hundred Fourteen---dollars ($ 7,214.00-------------- ) Plus 5A 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 26th day of September wig 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 funds 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: I. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released Goin 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. Th' ..rid may be executed in two original counterparts, and shall be signed by the parties' duly authorized • c- . This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the Ecu executing on behalf of the surety. LaRivt: -,Inc Nationwide Mutual Insurance Company PRINC+'AL(CONTRACTOR) SURETY q 09/26/2019 y; ; 09/26/2019 / .al Signature Date Surety Signature Date Matthew James Ghana M.Boadle P/rrted Name Printed Name ,General Manager Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Inland Insurance, Inc /Jim Dinneen 9016 E Indiana, Suke A,Spokane Valley WA 99212 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT Netiomwde Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the'Company'and collectively as"the Companies"does hereby make,constitute and appoint JAMES P.DINNEEN JOHN L GREEN CHARLA M.BOADLE MICHELLE J.HEYN SPOKANE VALLEY WA each in their Individual capacity,ns vie and lawful attorney-m-fact,with full power and authority to sign.seat,and execute on its behalf any end all bonds and undertakings,and other obkgatory instruments of similar nature in penalties not exceeding the sum of TEN MILLION AND NO/t00 DOLLARS S 10,000,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company,and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of to Company 'RESOLVED,that The president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company. and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizance%transfers,contracts of Indemnty policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust and other w ntrrgs obligatory M nature that the business of the Company may require;and to modify or revoke.Wth or without cause,any such appointment or authority,provided,however.that the authority granted hereby shag in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of IM Company' "RESOLVED FURTHER,that such attorneys-an-fact shall have full power and authority to execute and delNer any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them,end to affix the seal of the Company thereto proMded,however,that said seal shell not be necessary for the validity of any such documents." TMs power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company Execution of Instruments Any vice president,any assistant secretary or any assistant treasurer shalt have the power and authority to signor attest all approved documents.Instruments,contracts.or other papers In connection with the operation of the business of the company In addition b the chairman of :he board,the chief executive officer.president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,onstrument,or other papers of the Company IN WITNESS WHEREOF.the Company has caused this instrument o sealed and duly attested by the signature of its officer the RP day of February 2010 Lfy x1,14 Ie \, Antonio Albanese.vice President of Nationwide Mutual Insurance Company.AfaCD Insurance p:..' ` , .' Company,Allied Property and Casualty Insurance Company Olt.. ttQ,51 •.;;SEAL! - ia! �, i ACKNOWLEDGMENT ' Naimi,P� t yf._. STATE OF NEW YORK,COUNTY OF NEW YORK ea Ilk IRS \�rI On this 72_1..day of February 2018,before me came the above-named officer for be Company afaresaautl.to me personally known to be the officer described in end who executed the preceding ��iv�n Instrument,and he acknowledged the execution of the same,and being by me dutyewom,deposes , and says,that he Is the officer of the Company aforesaid,that the seal affixed hereto la the ensue corporate seat of said Company aria the said corporals seal and Ms signature were duly affixed `BEire' 0 and subscribed to said instrument by the authority and direction of said Company .AL � 11.1_1r 11014111014114k mwaxr.rn.s4yya'g4j 014426141 IfI _Ago fi/ri L AM.[\_e dlmm [un,srrbe Aryn l.pirnur 101011 qy" ta b CERTIFICATE bw..e.rre.rnc Laura B.Guy,Assistant Secretary of toe Company,do hereby certify that the foregoing Is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution Included therein Is a true and correct transcript from the mmutes of the meetings of the boards of directors and Vie same hes not been revoked or amended in any manner,that said Antonio C Albanese was on the date of the execution of the foregoing power of attorney the duty elected officer of the Company.end the corporate seal end his signature as officer were duty affixed ant subscribed to the said Instrument by the autbrgy of said board of directors; and the foregoing power of attorney is soil In full force and elect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal Of said Company this - L ? day of ,/ BOJ 1(02.19)00 Assistant Secretary 26535 ,.-, LARIINC-01 MHEYN A��izo CERTIFICATE OF LIABILITY INSURANCE D"9/26reN a 9 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of suchendorsement(s).Xi =ACT CT Marqulta Hill Inland Insurance,Inc. jA"/cD,Nx cut(509)456-2648 (FAX Nor(509)4563432 9016 E Indiana,Suite A "PAIL Spokane Valley,WA 99212 -E� I .. marquita.hill i inlandins.com INSURERISI AFFORDING COVERAGE N/VCR INSURER A:Alaska National Ins Co 38733 INSURED INSURER B.Idaho State Insurance Fund LaRiviere Inc INSURERC Westchester Surplus Lines Ins _ 10172 PO Box 100 INSURER D Athol,ID 63801-0697 INSURER 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 PERIOO INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT HATH 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 /NSRSUBR POLICY EFF POLICY EXP I LTR TYPE OF INSURANCE jNSD WD POLICY NUMBER IMMIDWYYYY1 IMMIDDIVYTYI UNITS A X COMMERCIAL GENERALOABILm' ,EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR X X 19DPS00913 4/10/2019 4/10/2020 pPREMfSESIE5E000TEi WISI 100,000 X ContractualMED EXP(Any one perm) 5'000 X XCU Separ of insPERSONAL B ADV INJURY 1.000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2'000'000 POLICY I XIP LOC PR DUC S-COMPiOPAGG 1,000,000 X OTHER Waterborne 50' 2,000,000 Stop Gap A AUTOMOBILE UABIUTY COMca:weDISINGLE LIMIT 1,000,000 X ANY AUTO _ I9DAS08913 4/10/2019 4/10/2020 BODILY INJURY(Per pawn) AUTOSONLYONLY X SCHEDULEDUp µµ}N� BODILY INJURY(Per accident) X AUTOS ONLY X EI-11fONLDY PaDPEReMemAGE X ucsm A X UMBRELLA LIAR XI OCCUR EACH OCCURRENCE 6,000,000 EXCESSUAB CLAIMS-MADE 19DLU08913 4/10/2019 4(10/2020 AGGREGATE _ 6,000,000 DED X RETENTIONS 10,000 B WORMERS COMPENSATION X STATUTE FR AND EMPLOrEas'luelury 614860 4/1/2019 4/1/2020 1,000,000 ANY�FPROPRIETOR/PARTNER/EXECUTIVE Y/x EL EACH ACCIDENT ImggrorPMMTaiij EXCLUDED? N NIA 1,000,000 E L DISEASE.EA EMPLOYEE If yes demos oiler 1,000,000 D1ION OF OPERATIONS below E L DISEASE.POLICY LIMIT A Leased&Rented Eq 19DIA06913 4/10/2019 4/10/2020 Limit 600,000 C Pollution Liab G46627556003 4/10/2019 4/10/2020 Limit 1,000,000 I DESCNPfON OF OPERATIONS/LOCATORS/VEHICLES IACORD 101,AddRlanal Ralryrta Schedule,may be attached If more space Is required) RE:2019 Stormwater Small Works,Bid#19-128 City of Spokane Valley is Additional Insured as Respects Operations of the Named Insured.Coverage is Primary,Non-Contributory Waiver of Subrogation Is Included. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OfS SpokaneTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE C ?s`eti --L- I ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Susan Bullock From: Cary Driskell Sent: Thursday, October 3, 2019 11:35 AM To: Susan Bullock Subject: Re. Contract Review Yes Cary Driskell,Spokane Valley City Attorney 10210 East Sprague,Spokane Valley, WA 99206 Ph. (509)720-5150 cdriskell@spokanevalley.org On Oct 3, 2019, at 10:50 AM, Susan Bullock<sbullock@spokanevalley.org>wrote: Is it okay to sign the contract as"Telephonic Approval by Cary P. Driskell by Susan Bullock"where the approval as to form line is? Susan K.Bullock I Administrative Assistant 10210 E.Sprague Avenue [ Spokane Valley,WA 99206 (509)720-5105 I sbullock@spokanevallev orp <image001.jpg> This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: Cary Driskell Sent:Thursday,October 3, 2019 10:46 AM To:Susan Bullock<sbullock@spokanevalley.org> Subject: RE:Contract Review That looks fine, please put telephonic approval for me. From:Susan Bullock Sent:Thursday, October 3,2019 10:31 AM To:Cary Driskell <CDriskell@spokanevalley.org> Subject: Contract Review Cary, Public Works brought this in mid-day yesterday and they need it signed so they can start work on Monday. Is there any way you will have time to review and if so let me know how you want me to sign it as to form. Mark is off tomorrow so they need it today if at all possible. Sorry to bother you. Thanks, Susan 1