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20-075.00 Nat'l Native American Const: Ella & Conklin Sidewalks Contract This agreement is entered into this iO day of rt j , 2020, between the City of Spokane Valley " National Native American Construction Inc. "Contractor" pursuant to Title 35 RCW, as ("City") and N v Inc.("Contractor"), adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties agree as follows: I. The Contractor shall do all work and furnish all tools,materials, and equipment for: Ella Road& South Conklin Road Sidewalk Projects#0302 & 0303 Contract 20-075 in accordance with and as described in the project plans and specification,and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors,and assigns,does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City by reason of entering onto this contract, except as provided herein. The project was awarded for the bid amount of $452,008.00. IN WITNESS WHEREOF,the Contractor has executed this instrument,on the date below, and the City has caused this instrument to be executed on the date stated above. CITY OF SPOKANE VALLEY CONTRACT FORM ELLA ROAD&SOUTH CONKLIN ROAD SIDEWALK PROJECTS Executed by Contractor April 2nd ,2020. Date Luke Lettau Printed Name / Vice ' esident/ , Title 11")717 kilo Signature City of Spokane Valley Mark Calhoun Printed Name City Manager Title hAk- Cfile401 Signature Revised 1-8-16 CITY OF SPOKANE VALLEY CONTRACT FORM ELLA ROAD&SOUTH CONKLIN ROAD SIDEWALK PROJECTS a .' e S�pyokane BOND NO:21190195 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to National Native American Construction, Inc. (Contractor),as Principal,a contract for the construction of the project designated as Ella Road&South Conklin Road Sidewalk Protects#0302&0303 Contract 20-075 , Project No.0302&#0303 in Spokane Valley,Washington,and said Principal is required to furnish a bond for performance of all obligations under the Contract. The Principal,and The Guarantee Company of North America USA (Surety),a corporation,organized under the laws of the State of Washington 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,in the sum of Four Hundred Fifty Two Thousand Eight Dollars and 00/100 US Dollars($452,008.00 1 Total Contract Amount,subject to the provisions herein. The statutory 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; and if such performance 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,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 no required for such increased obligation. This bdiichi- y be a -iii two 2 origin:l counterparts,and shall be signed by the parties' duly authorized officcrsr'fhis bond wi •c -.'ted i accompanied by a fully executed and original power of attorney for the officer exec g o' ;- of ,<su PRINCI' L( a ''• r e`/_ / SURETY, ." .National Nati •ri �' tr oti� , Inc. The Guarantee Company of North America "TtEco • Jrn,t,Nk Principrl S; r1 �� Date Surety Signature au Da. at _ Luke Lettau Melissa Wolf Ce 7; '7- fv "ikmoG4J� Printed Name Printed Name Vice President Attorney-in-Fact •00.`. -` Title Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance, Inc. 501 N. Riverpoint Blvd., Suite 403, Spokane,WA 99202 509-838-3501 Approved as to form: City of Spokane Valley Attorney,County of Spokane Date 4 A Y CITY or�I--Y BOND NO:21190195 CONTRACTOR'S NON-FEDERAL PAYMENT BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County. has awarded to National Native American Construction, Inc. (Contractor),as Principal,a contract for the construction of the project designated as Ella Road&South Conklin Road Sidewalk Protects#0302&0303 Contract 20-075 .Project No.302&#0303 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington(RCW). The Principal.and The Guarantee Company of North America USA (Surety),a corporation organized under the laws of the State of Washington 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,in the sum Of Four Hundred Fifty Two Thousand Eiaht Dollars and 00/100 US Dollars (5452,008.00 1 Total Contract Amount,subject to the provisions herein. The statutory payment bond shall become null and void, if and when the Principal, its heirs. executors, administrators.successors,or assigns shall pay all persons in accordance with RCW 39.08 and 39.12 including all workers.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 all taxes incurred on said Contract under Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract.the specifications accompanying the Contract.or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time.alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is no required for such increased obligation. This bond'jnay be e etcked in two(2)original counterparts,and shall be signed by the parties' duly authorized officers:This • • vt l •c c-. • if it is accompanied by a fully executed and original power of attorney for the offi xecuti� t.1raI�:,S / ty. ' J 11111 CIPAi. ,1•,N 'A e O C 1- SURETY ,rirEeeo Natic nal i ,= •m ea/o st ction, Inc. The Guarantee Company of North America $� &Ai • 4)(1)1 D,u/x c5& 41;1 .241 Miner -4177. ` :` Date Surety Signature pat 4tA,. Luke Li :u Melissa Wolf — • Printed Name Printed Name �^•- �� t 'J Vice President Attorney-in-Fact `� Title Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance, Inc. 501 N. Riverpoint Blvd., Suite 403, Spokane,WA 99202 509-838-3501 Approved as to form: City of Spokane Valley Attorney.County of Spokane Date 4 - The Guarantee Company of North America USA ;t GUARANTEE° Southfield, Michigan e " Bond No.21190195 Principal: National Native American Construction,Inc. POWER OF ATTORNEY Obligee:City of Spokane Valley NOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Melissa Wolf Payne West Insurance, Inc. its true and lawful attomey(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3181 day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-In-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and pracot its corporate seal to be affixed by its authorized officer,this 2nd day of October,2015. e 49 1 THE GUARANTEE COMPANY OF NORTH AMERICA USA CMA , a , STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. . 0:- i.?^, Cynthia A.Takal IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee w'V.' '-" , Notary Public,State of Michigan Company of North America USA offices the day and year above written. . ' `' County of Oakland = ey,t, � a• -��..,Z • �ist�� ''-� My Commission Expires February 27,1024 ""'' ,- Acting in Oakland County - ,RaaV • selmat ecretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true ,`.and, df a 4w r of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. e ..--IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 6th day of April,2020. col • 1 '1 �A �� `- --" Randall Musselman,Secretary t . �.—.1 NATINAT-01 FBALL ACoRo" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDmrYY) IIikeer----- 4/2/2020 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(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT Jim Majeskey Spokane Office PHONE I FAX PayneWest Insurance Inc. (NC,No,L Ext): (A/C,No): 501 N.Riverpoint Blvd.,Ste 403 ADpRiss:jmajeskey@paynewest.com Spokane,WA 99202 • INSURER(S)AFFORDING COVERAGE NAIL A INSURER A:Hartford Fire Insurance Company 19682 INSURED INSURER B:Trumbull Insurance Company 27120 National Native American Construction,Inc. INSURER C:Hartford Casualty Insurance Company 29424 DBA NNAC Inc 3901 N.Schreiber Way INSURER D:Twin City Fire Insurance Company 29459 Coeur d'Alene,ID 83815 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. NOTWITHSTANDING ANY'REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS • CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD wvD • (MM/DD/YYYYI (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 52 UEA HB3222 1/1/2020 1/1/2021 DAMAGE TO RENTED 300,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER WA STOP GAP $ 1,000,000 ' B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X 52 UEA HB3223 1/1/2020 1/1/2021 BODILY INJURY(Per person) $ OWNED I—SCHEDULED AUTOS��� ONLY AUTOS BODILYpB�ODILY INJURY(Per accident) $ _AUTOS ONLY room (Per accident)AGE $ $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X X 52 RHA HB2695 1/1/2020 1/1/2021 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 , $ D AND EMPLOYERS COMPENSATION X STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X 52 WEA AA7KN8 1/1/2020 1/1/2021 1,000,000 (MQ�FICER/MEM EXCLUDED? N/A E.L EACH ACCIDENT $ andatory In N E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Installation Floater 52UUMHB5320 1/1/2020 1/1/2021 $1,000 Deductible 500,000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Contract:20-075/Ella Road&South Conklin Road Sidewalk Projects#302&0303 City of Spokane Valley is additional named insured per policy forms with primary non-contributory wording. Waiver of subrogation applies per policy forms. 45 Days Notice of Cancellation or Material Change applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y p y ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE I • �� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD