19-184.00 Moran Fence: Precinct Fence Contract No. 19-184.00
CONSTRUCTION AGREEMENT
Moran Fence,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 Moran Fence,Inc.,("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 Precinct new
property fencing Project(the"Work")in accordance with documents described in Exhibit A and in accordance
with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as
the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract
Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible
terms in any other Contract Document.
Contractor shall,for the amount set forth in paragraph 4,below,assume and be responsible for the cost and
expense of all work required for constructing and completing the Work and related activities to the City's
satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract
Documents.
The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from
City,Contractor shall promptly commence work, complete the same in a timely manner,and cure any failure in
performance under this Agreement.
Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents,
and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be
adopted or amended.
2.Time for Performance. Contractor shall commence the Work upon execution of this Agreement 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 $34.142.10, plus Washington State Sales Tax of
Construction Agreement Page 1 of 9
$3,038.65(if applicable),for a total of$37,180.75,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: Moran Fence,Inc.
Phone: (509)720-5000 Phone: 509-534-1413
Address: 10210 East Sprague Avenue Address: 707 N Freya
Spokane Valley, WA 99206 Spokane, WA 99202
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 9
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&1 website address:
httosfifortress.wa.gov/InEwagelookuo/prvWagelookuwaspx
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
withm 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 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 9
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 a payment bond and
a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor
may elect to have the City retain 10%of the Agreement amount in lieu of providing the City with a payment
bond and a performance bond,pursuant to RCW 39.08.010(3).
16. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by Contractor, its agents,representatives,or employees.
A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below:
1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles.
Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises,operations,independent contractors,products-
completed operations, stop gap liability, personal injury, advertising injury, and liability
assumed under an insured contract. The commercial general liability insurance shall be
endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an
equivalent endorsement. There shall be no endorsement or modification of the commercial
general liability insurance for liability arising from explosion, collapse, or underground
property damage. City shall be named as an additional insured under Contractor's commercial
general liability insurance policy with respect to the work performed for City using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3 Workers' compensation coverage as required by the industrial insurance laws of the State
of Washington.
B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits:
1.Automobile liability insurance with a minimum combined single limit for bodily injury and
property damage of no less than $1,000,000 per accident.
2.Commercial general liability insurance shall be written with limits no less than$1,000,000
each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products-
completed operations aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,the
following provisions for automobile liability and commercial general liability insurance:
Construction Agreement Page 4 of 9
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
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:VB.
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,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,
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 9
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.
Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses,
and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable
value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for
collection,and all other claim-related expenses.
Contractor specifically and expressly waives any immunity that may be granted it under the Washington State
Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by
any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party
under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that
Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor
by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor.
Contractor hereby certifies that this indemnification provision was mutually negotiated.
18.Waiver. No officer,employee, agent,or other individual acting on behalf of either party has the power.
right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance
shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this
Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy
provided herein or by law. Failure of either party to enforce at any time any of the provisions of this
Agreement or to require at any time performance by the other party of any provision hereof shall in no way be
construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof.
19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent
of the other party.
20. Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to be
confidential. Contractor shall not disclose such information without the prior express written consent of City
or upon order of a Court of competent jurisdiction.
21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal
discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of
Washington for Spokane County,unless otherwise required by applicable federal or state law.
22. Subcontractor Responsibility. As required by RCW 39.06.020. Contractor shall verify responsibility
criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall
verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at
the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(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 9
24 Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties
and supercedes any prior oral or written agreements This Agreement may not be changed,modified,or altered
except in writing signed by the Parties
25.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or
action related to this Agreement, shall have or acquire any interest in this Agreement or have solicited,
accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an
interest in this Agreement
26 Business Registration. Pnorto commencementofWork 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.'unsdiction,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
A
The Parties have executed this Agreement this '+^i 5 day of November,2019
CITY''OF SPOKANE VALLEY: Contractor: ,t%L 9 t 4- 'L- T1--14- '-- kt .
Bulb 1215 fr (2„u L6 .TTl f O✓tC> .
Mark Calhoun.City Manager By
Its Authorized Representative
KITES
I AA IAS •,,. an-Sum s G.
Kristine Bainbndgc,City Clerk
i
APPROVED AS TO FORM:
ri
time
Office o e City!, •..racy
Construction Agreement Page 7 of 9
/1..."11 MORAFEN-01 PMCNAMARA
ACRD- CERTIFICATE OF LIABILITY INSURANCE W1 /3/201YYYI
12/3/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such ♦ �
endorsement(s).p
PRODUCER mem-
Wheat Wheal d,Associates Insurance,Inc. PHONE FAX
PO Box 3548 Arc,No,Eal.(509)922-2937 WC,NO(509)922-4103 _
Spokane,WA 99220 $3c_
INSURE- S AFFORDING COVERAGE NAIL Y
INSURER A:Berkley North Pacific Group —
INSURED INSURER B'
Moran Fence Inc
•
Inutile Stone INSURER C
707 N Freya INSURER D'
Spokane,WA 99202 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER. REVISION NUMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INS0. L SUER POLICY EFF POLICY EAP
TR TYPE OF INSURANCE MI WVD POLICY NUMBER IMINDONYYYI IMMIDDATYYI LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000
CLAIMS-MADE X OCCUR X ADV6033929-20 1/25/2019 1/25/2020 pRFMISF$ RENTED cel 300,000
(FRENTED
MED EXP IAM one person) 10,000
J 'PERSONAL S ADV INJURY 1,000,000
GEN'L AGGREGATE OMIT APPLIES PER GENERAL AGGREGATE 2.000.000
POLICY LJ 76; I LCC PRODUCTS-COMP/OP AGG 2.000,000
OTHER
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT , 1,000,000
IF accident)
•
X ANY AUTO CAA6033930-20 1/25/2019 1/25/2020 BODILY INJURY(Pr prson)
OWNED I SCHEDULED
AUTOS�� ONLY AUTOS BODILY
BODILY INJURY(Per accident)
X ALTOS ONLY X OMR i OPCC
PEERTYMDAMAGE
OCCURRENCE X UMBRELLA LIAR OCCUR EACH II1'000,000
EXCESS LIAR CLAIMS-MACE CUAGO34000.20 1/25/2019 1/25/2020
AGGREGATE
DED X RETENTIONS 0
A AM)EMPLOYOERS'WBILITY STATUTE X I FRH
ApN�YP�REopMpaEIET�ONpPARTHENExEcmrvE Y/N ADV6033929-20 1/25/2019 1/25/2020 1,000.000
PaenowylFXHI EXCLUDED? H NIA EL EACH ACCIDENT
ry ortop' NHI EL DISEASE.EA EMPLOYEE 1.000.000
1 yes eescnbe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 1.000,000
DESCRIPTOR OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remade Schedule,may be attached Ifmore spats Is required,
City of Spokane Valley Is Included as an Additional Insured,if required by wntten contract or written agreement per endorsement CLCG0492 S CLCGO529,in
respect to the operations of the named insured performed on their behalf.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
10210 E Sprague Ave ACCORDANCE WITH THE POLICY PROVISIONS
Spokane Valley,WA 99206
AUTHORIZED{REPPRRESENTATIVE
- -Vtl
ACORD 26(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Moran Fence Inc
707 N. Freya Spokane WA 99202
509-534-1413 Or 509-534-2521
MORANI03SRR
11/20/2019
Moran Fence has entered into a public works contract with the City of Spokane Valley:
Contract number 19-184.
In lieu of a payment bond,Moran Fence,Inc authonzes the City of Spokane Valley to withhold 10%of
the total amount of the contract for 90 days.
At the end of those 90 days Moran Fence,Inc. will send an inquiry regarding the release of those funds
based on no claims have been made regarding the materials or installation of the fencing to be installed at
Spokane Valley Precinct property
located at 12710 E Sprague Avenue,
Spokane Valley,WA99206. { _
-a4c 1 e W
miw
BOND NO
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 rl0 K Nf At FewC e JrI L
(Contractor), as Principal, a contract for the constriction of the project designated as (PROJECT NAME), Project No
(Project if) in Spokane Valley. Washington, and said Pnncipal is required under the terms of the Contract to furnish a
payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW)
The Principal. and (Surety), a corporation
organized under the laws and licensed to do business in the State of Washington as surety and named
m the current list of"Surety Companies Acceptable m 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 Bmiy bound to the City of Spokane Valley.as
Obligee.in the sum of$ total Contract amount (ineludmg Washington State sales tax), subject to the
provisions herein
Tldspayment 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 39 12 RCW,including all wodcers,laborers,mechanics
subcontractors, and matenalmen. and all persons who shall supply such contractor or subcontractor with provisions and
supplies 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 Pnneipal to make such required payneds,and if such payment
obligations have not beenfulfiled,this bond shall remain m full fome and effect.
The Surety for value received agrees that no change,extension of time.alteration or addition to tlx terms of the Contract,the
specifications acconrpanvmg 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 hereat and waives notice of any change,extension of tune,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 m 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 origirol power of attorney for the officer executing on
behalf of the surety
PRINCIPAL(CONTRACIUR) SURETY
MD2/-N Fe Kc e Inc_
ig_ Auer /y-- Date Surety Signature Date
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ye IG(aiY"'/M,.$ ChM'e
Printed Name Printed Name
Pits .
Title Title
Name,address,and telephone of local office/agem of Slimly Company is
Updated 1 14 2013
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Coaaterat Re slalom. bca aeonly Himont hta ENKE lam' z
dmwd property therein NSW ler 1teral)nbla to Moran Fence km FST Ltd 4 f,•� f)I u5- 3�/11./ItV
to setae mast at to contract pica.Moa oatoar defaults,Mitran A.
Fen hnan
.is humbv. odzed enter to aawlara pamam o esaeS/1� RBI . Leat f f54Jr
S pwsaSen of iia colW.at Without note or demand and Mtlrout /� V ` Pt'
Mealploceet,pe.tN]apro�qeddanWpa aoneonza,ymeaearrara9w ��/p/j�piyL_� / y
Bioned MIro pay al costsa'ar FamesSea including rammiMble Mins was / /f�IL 'I� v2Oce
Moran Fence Ml not be response for vandalism. YFV` �I''11l
Prices good Tori • 944 11171 I�/
Bakens • fI :•by proParN owner ALL PRICES SUBJECT-10 WASHINGTON STATE GALES TA)( ,/,3Qj•6jg
DW SCAR• uCHEpL DCASH DOTHER
kir 37150,7h
SALESMAN Cash On Completion
Customer agrees to pay for said fence in tot upon completion.There are
ACCEPTED BY no finance charges In tis transaction and payment Is to Is paid in full,
not in installments,and no crack is extended herein"
Moran Fence Inc
707 N.Freya Spokane WA 99202
509-534-1413 Or 509-534-2521
MORANI03SRR
11/20/2019
Moran Fence has entered into a public works contract with the City of Spokane Valley:
Contract number 19-184.
In lieu of a payment bond,Moran Fence,Inc.authorizes the City of Spokane Valley to withhold 10%of
the total amount of the contract for 90 days.
At the end of those 90 days Moran Fence,Inc.will send an inquiry regarding the release of those funds
based on no claims have been made regarding the materials or installation of the fencing to be installed at:
Spokane Valley Precinct property
located at 12710 E. Sprague Avenue,
Spokane Valley,W^4 99206.
Spokane's
BOND NO:
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 meg"' Fe MC e -INC
(Contractor), as Principal, a contract for the construction of the project designated as (PROJECT NAME), Project No.
(Project if) in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a
paytnentbond in accordance with chapter 39.08 Revised Code of Washington(RCW).
The Principal, and (Surety), a corporation
organized under the laws 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$ total Contract amount (including Washington State sales tax), subject to the
provisions herein
Thispayment bond shall become null and void,if and when the Principal, its heirs, executors,administrators, suer-scorn,or
assigns shall pay all persons in accordance with chapters 39 08 and 39.12 RCW,including all wodcers,laborers,mechanics
subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and
supplies for the carrying on of such work;and shall mdenmify and hold harmless the Obligee from all loss,cost or damage
which Obligee may suffer by mason of the failure of Principal to make such required paynents;and if such paynent
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 res
obligation on this bond.except as provided herein,and waives notice of any change,extension of time,alteration or addition
to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and
conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of
the Surety on this bond and notice to Surety is not required for such increased obligation
This bond may be executed in two original counterparts. and shall be signed by the parties' duly authorized officers. This
bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer est-cut-mg on
behalf of the surety.
PRINCIPAL(CONTRACTOR) SURETY
#4611-4-AL Fe NC e --TAC
Di al S.,��yyf /rrytd Date Surety Signature Date
ftete tin "/'1Vs ??'de
Printed Name Printed Name
pans ,
Title Title
Name,address,and telephone of local office/agent of Surety Company is
Updated 1.14.2013
B-9123707
THE CINCINNATI INSURANCE COMPANY
Performance Bond
CONTRACTOR(Name, legal status and address) SURETY(Name,legal status and principal place of business).
Moran Fence Inc THE CINCINNATI INSURANCE COMPANY
707 N Freya 6200 S.GILMORE ROAD
Spokane,WA 99202 FAIRFIELD,OHIO 45014-5141
OWNER(Name,legal status and address): This document has important legal
consequences Consultation
CITY OF SPOKANE VALLEY al,
an attorney a encouraged grab
12710 E Sprague Ave respect to its completion or
Spokane Valley,WA 99216 modification
AM sngular reference to
Contractor,Surety.Owner or
CONSTRUCTION CONTRACT Omer party shall be considered
plural where applicable.
Date. November 25,2019 AEA Document A312-2010
combines two separate bonds,a
Amount: $40,000 00 Performance Bond and a
Payment Bond.info one form
Description(Name and location) This s not a sngle combined
Performance and Payment Bond
Chain Link Fence Installation
BOND
Date(Not earlier than Construction Contract Date): November 252019
Amount: $40,00000
Modifications to this Bond ❑ None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: Corporate Seal)
Moran Fence Inc THE CINCINN IN RANGE OMPANY
Signature: t//...€G6‘44.'1 1-tyV' Signature: .lad ////
y- c
Name and Title: 7n-ICC 11 /9 N1 •J ,e) eName and Title:
PAt 6 Patrick McNamara Attorney-in-fact
(Any additional signatures appear on the last page of this Performance Bold.)
(FOR INFORMATION ONLY-Name, ddress and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer
Wheat& Associates Insurance, Inc. or other party):
P.O. Box 3548
Spokane, WA
The Company a emmg this bondsouches that this dsunent conforms to American Insmute of Architects Dominent A312,2010 Edition.
S-2100-AIA-A312(11110)PERFORMANCE BOND Page 1
1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and
assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this
Bond,except when applicable to participate in a conference as provided in Section 3.
3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a
Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,
Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the
Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference. If the
Surety timely requests a conference,the Owner shall attend Unless the Owner agrees otherwise,any conference
requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's
notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently
to declare a Contractor Default:
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety,and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the teens of the Construction
Contract to the Surety or to a contractor selected to perform the Construction Contract.
4 Failure on the part of the Owner to comply with the notice requirement in Section 3 1 shall not constitute a failure to
comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the
extent the Surety demonstrates actual prejudice.
5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one
of the following actions:
5.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itmlf,through its agents or independent contractors:
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and paymentbonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract.andpay to the Ownerthe
amountof damages as described in Section 7 in excess ofthe Balance ofthe Contract Price incurred by the Owner as a
result ofthe Contractor Default:or
5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable
after the amount is determined,make payment to the Owner,or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in
default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that
the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the
Owner.If the Surety proceeds as provided in Section 5.4.and the Owner refuses the payment or the Surety has denied
liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the
Owner.
The Compaq weaning dus bond vouches that this document conforms to Americas Institute of Ardinects Document A312,2010 Edition
S-2100-AIA-A312(11110)PERFORMANCE BOND Page 2
7If the Surety elects to act under Section 5 1, 5 2 or 5.3. then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety
shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to
pay the Balance of the Contract Price.the Surety is obligated without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract:
.2 additional legal,design professional and delay costs resulting from the Contractor's Default and resulting from
the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual damages
caused by delayed performance or non-performance of the Contractor
8 If the Surety elects to act under Section 5.1, 5.3 or 5 4,the Surety's liability is limited to the amount of this Bond.
9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,
executors,administrators,successors and assigns.
10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
II Any proceeding, legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shall be instituted within two years after a declaration of
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or
fails to perform its obligations under this Bond,whichever occurs first If the provisions of this Paragraph are void or
prohibited by law.the minimum period of limitation available to sureties as a defense in thejrrisdmtion of the suit shall be
applicable
12 Notice to the Surety.the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which the signature appears.
13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed.any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
14 Definitions
14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to
be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
14.2 Construction Contract.The agreement between the Owner and the Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material tenn of the Constriction Contract.
14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material tenns of the Construction
Contract.
14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor
The Company executing this bond vouches that this document conforms to Americas Institute of Ara-meats Document A312,2010 Edition
S-2100-AIA-A312(11/10) PERFORMANCE BOND Page 3
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS That THE CINCINNAfl INSURANCE COMPANY,a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield. Ohio.does hereby constitute and appoint
Zac Wheat.Stacy Breithaupt;Patnck McNamara and/or Shellie Duncan
of Spokane,Washington its tine and lawful Attorney(s)-in-Fact to sign, execute. seal
and delivei on its behalf as Suieh, and as its act and deed, any and all bonds,policies, undertakings. or other like instruments, as follows
Any such obligations in the United States,up to
Fifteen Million and No/I00 Dollars(515,000,000 00)
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company. a quorum being present and toting, on the 6h day of December, 1958. which
resolution is still in effect
"RESOLVED. that the President or any Vice President be hereby authorized. and empowered to appoint Attorneys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authonze any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or
without cause modify of revoke any such appointment or=holly Any such writings so executed by such Attorneys-in-
Fact %hall he binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company"
This Power of Attorney is signed and scaled by facsimile under and by the authority of the following Resolution adopted by, the
Hoard of DireLtors of the Company at a meeting duly called and held on the T"day of December, 1973
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any cemfi care of an} such power and any such port ei of certificate bearing
such facsimile signature and seal shall he valid and binding on the Company Any such power so executed and sealed
and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,
continue to bet and and binding on the Company''
IN WITNESS WHEREOF.THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Vice President this 8th day of Match, 2017
✓°t"r"'+, THE CINCINNATI INSURANCE COMPANY
MISU
aaSEAL j
SEAL
CTI—q., A -
oxio
Vice President
S PATE OF OHIO ) ss
COUNTY OF BUTLER
On this 8t dayof March, 2017. before me came the above-named Vice Resident of THE CINCINNATI INSURANCE
COMPANY,to me personally known to be the officer described herein.and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of said Company and the corporate seal and the signature of the offices were duly affixed and subscribed to said instrument
by the authority and direction of said corporation
tttttt npy q
AA et,
3
y*• `�- '"- l*• MARK J.H�EN,Attorney
q 4 a`'( NOTARY PUBLIC-STATE OF OHIO
t'1 O et My commission has no expiration
cc los. date Section 14703 o.NOnannswi
I,the undersigned Secretary of Assistant Secretary of THE CINCINNATI INSURANCE COMPANY hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effect
GIVEN under my hand andsealIof said Company at Fairfield, Ohio
this 254 ft day of i even b e v ]O/ / ,'
>fmawMre : Secretary
aSEAo
BN-1005 13/171