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21-096.00 Inland Asphalt: Mullan Road Preservation Contract No.21-096 CONSTRUCTION AGREEMENT Inland Asphalt Company THIS CONSTRUCTION AGREEMENT (the"Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington("City") and Inland Asphalt Co. ("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 Mullan Road Preservation Project(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 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 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$2,300 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$ 1,529,790 , plus Washington State Sales Tax of$0.00(if applicable),for a total of$ 1,529,790 , 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. City of Spokane Valley Mullan Road Preservation 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: Jared Boucher Phone:(509)720-5000 Phone: 509-534-2657 Address: 10210 East Sprague Avenue Address: p0 Box 3366, Spokane, WA 99220-3366 Spokane Valley,WA 99206 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement, agree to comply with all applicable federal,state,and local laws,codes,and regulations. 8. Certification Reaardin2 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.Prevailina Waaes 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 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: City of Spokane Valley Mullan Road Preservation A. State of Washington prevailing wage rates applicable to this public works project,published by L&I, are located at the L&I website address: https://fortress.wa.gov/lni/wagelookup/pry Wagelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings,plans, specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from 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 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 insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. 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 City of Spokane Valley Mullen Road Preservation vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the 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 at least as broad 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 $2,000,000 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 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 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. No Limitation. The Contractor's maintenance of insurance, its scope of coverage,and limits as City of Spokane Valley Mullan Road Preservation required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. F. 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. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the City may,after giving as least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 City of Spokane Valley Mullan Road Preservation 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, 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.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor,for itself,its assignees, and successors in interest agrees as follows: A. Compliance with Regulations: Contractor shall comply with the federal laws set forth in subsection G of this Section 26 ("Pertinent Non-Discrimination Authorities") 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. B. Non-discrimination: 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. 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. C.Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations, either by competitive bidding, or negotiation made by 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 Contractor of 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. D.Information and Reports: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, City of Spokane Valley Mullan Road Preservation 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, 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. E. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. cancelling,terminating,or suspending the Agreement, in whole or in part. F.Incorporation of Provisions:Contractor shall include the provisions of paragraphs one through six of this Section 26 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. 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: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); City of Spokane Valley Mullan Road Preservation 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);and 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. §1681 et seg.). 27. 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. 28. 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. 29. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Bid Proposal C. Insurance Endorsements D.Performance and Payment Bond The Parties have executed this Agreement this IA' day of u� , 20 24 CITY OFSPO NE VALLEY: Contractor: keiL Mark Calhoun,City Manager 1 By: Tony Via, Construction Manager Its: Authorized Representative APPROVED A TO FORM: Office of t City At rney City of Spokane Valley Mullan Road Preservation Exhibit A—Scope of Work The Mullan Road Preservation Improvement project consists of signal modifications; ITS conduit; bituminous planning; HMA paving and patching; ADA ramp upgrades; and other related work, all in accordance with the Contract Provisions and Plans. • Bid Proposal • Contract Plans and Provisions • Standard Specifications • Standard Plans • Addenda • Certifications and Affidavits • Supplemental Agreements • Change Orders City of Spokane Valley Mullan Road Preservation Ex b -t- 6 PART 2 BID PROPOSAL DOCUMENTS Bid Proposal Checklist Proposal Fonn Certification of Compliance with Wage Payment Statutes Contractor's Administrative Information Bidder Qualification Statement Local Agency Subcontractor List Bid Deposit Form Bid Deposit Surety Bond Form Representations and Certifications Recycled Material Form Bid Question Form BIDDERS PACKET Mullan Road Preservation Capital Improvement Project No.: 0292 BID PROPOSAL CHECKLIST This Checklist and the documents listed below constitute a complete Bid Proposal. Failure to execute any of the following documents, or any addition, condition or limitation in writing to the form of the bid, not explicitly invited in the Bid Documents or Specifications may become cause for rejection of the bid as irregular. The BIDDER shall check each respective box indicating inclusion of each item: [✓jam Bid Proposal Checklist [.kr Proposal Form [v]" Certification of Compliance with Wage Payment Statutes [,,r--; Contractor's Administrative Information [✓( Bidder Qualification Statement [ , Local Agency Subcontractor List be Bid Deposit Form [•v]: Bid Deposit Surety Bond Form (Use only if submitting Bond for Bid Deposit) [r Representations and Certifications [...]7- Recycled Material Form The above forms have been inserted in a sealed envelope, properly identified and delivered at the place and time described in the Notice to Contractors form. Signature: // �'ri Date: 6/4/21 Title: Construction Manager Company: Inland Asphalt Company City of Spokane Valley Mullan Road Preservation I Bid Proposal Documents PROPOSAL FORM PROJECT NUMBER: 0292 PROJECT TITLE: Mullan Road Preservation NAME OF FIRM SUBMITTING BID: Inland Asphalt Company Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may withdraw his bid after the hour set for the bid closing except under the conditions explained in the Information to Bidders Section. RECEIPT OF ADDENDA:Bidder acknowledges receipt of the following addenda by checking the box(es): I ❑ 2 3 Q 4 5 REJECTION: The City reserves the right to reject any or all proposals, portions or parts thereof and to waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the bidders when considering awarding a contract. TIME TO COMPLETE: The contract shall be completed in Forty Four(44) working days from the date of commencement. BID IS NOT ELIGIBLE FOR CONTRACTOR'S BOND ELECTION to withhold 50% retainage in lieu of furnishing a Contractor's Bond(Payment and Performance Bonds). FREIGHT: Bid price(s)to include all freight costs to the job site. SCHEDULES: A Bidder must complete all the schedules or his bid will be rejected as non-responsive. The undersigned hereby certifies that (he/they) (has/have) personally examined the location and construction details of work as outlined on the plans and specifications for the above project and(has/have) read thoroughly and understands the plans, specifications, and contract governing the work embraced in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said plans, specifications,and contract in accordance with the unit prices provided below. The Bidder,to be considered responsible,shall provide in legible figures(not words)hand written in ink or typed, a unit price (except Lump Sum items) and total for each of the items shown on the following schedules: • City of Spokane Valley Mullan Road Preservation 2 Bid Proposal Documents Bid Schedule A ITEM# ITEM DESCRIPTION SPECS UNITS QUANTITY PRICE/UNIT TOTAL 100 MINOR CHANGE 1-04 SP CALC 1 $25,000 $25,000 101 CONSTRUCTION SURVEYING 1-05 SP LS 1 $ 16,140.00 $ 16,140.00 102 SPCC PLAN 1-07 SP LS 1 $ 530.00 $ 530.00 103 PUBLIC LIAISON REPRESENTATIVE 1-07 SP LS 1 $ 12,650.00 $ 12,650.00 104 MOBILIZATION 1-09SP LS 1 $ 145,140.00 $ 145,140.00 105 PROJECT TEMPORARY TRAFFIC CONTROL 1-10SP LS 1 $ 159,600.00 $ 159,600.00 106 DOCUMENTATION COMPLIANCE 1-11 SP LS 1 $ 5,000.00 $ 5,000.00 107 REMOVE CEMENT CONC. CURB 2-02 SP LF 1300 $ 10.80 $ 14,040.00 108 REMOVE CEMENT CONC.SIDEWALK/ 2-02 SP SY 450 $ 19.10 $ 8,595.00 DRIVEWAY APPROACH 109 PAVEMENT REPAIR EXCAVATION INCL. HAUL 2-03 SP SY 4500 $ 25.00 $ 112,500.00 110 REMOVAL AND REPLACEMENT OF UNSUITABLE 2-03 SP CY 25 $ 235.00 $ 5,875.00 MATERIAL 111 CRUSHED SURFACING TOP COURSE,8 IN. DEPTH 4-04 SP SY 4500 $ 22.90 $ 103,050.00 112* CRACK SEALING-LF 5-03 SP LF 500 $ 3.25 $ 1 ,625.00 113 PLANING BITUMINOUS PAVEMENT 5-04 SP SY 13700 $ 3.55 $ 48,635.00 114 HMA CL.3/8 IN. PG 64H-28 5-04 SP TON 1700 $ 92.00 $ 156,400.00 115 HMA CL.3/81N. PG 64H-28 6 IN. DEPTH PATCH 5-04 SP SY 4500 $ 33.50 $ 150,750.00 116 UTILITY CASTING DEPTH COMPLIANCE 5-04 SP CALC 1 $ 1.00 $ 1.00 117 JOB MIX COMPLIANCE PRICE ADJUSTMENT 5-04 SP CALC 1 $ 1.00 $ 1.00 118 COMPACTION PRICE ADJUSTMENT 5-04 SP CALC 1 $ 1.00 $ 1.00 119 HMA SURFACE SMOOTHNESS COMPLIANCE 5-04 SP CALC 1 $ 1.00 $ 1.00 120 REMOVAL AND REPLACEMENT ASPHALT 5-04 SP SY 7 $ 300.00 $ 2,100.00 CONCRETE DRIVEWAY 121 ADJUST EXISTING CATCH BASIN OR DRYWELL 7-05 SP EACH 14 $ 1 ,565.00 $ 21,910.00 122 ADJUST EXISTING MANHOLE 7-05 SP EACH 11 $ 1 ,565.00 $ 17,215.00 123 ADJUST EXISTING GAS VALVE 7-11 SP EACH 1 $ 1 ,200.00 $ 1 ,200.00 124 ADJUST EXISTING WATER VALVE 7-12 SP EACH 35 $ 600.00 $ 21,000.00 City of Spokane Valley Mullan Road Preservation 3 Bid Proposal Documents Bid Schedule A Continued ITEM# ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT TOTAL 125 EROSION CONTROL AND WATER POLLUTION 8-01 SP LS 1 $ 14,500.00 $ 14,500.00 PREVENTION 126 SITE RESTORATION 8-02 SP LS 1 $ 24,700.00 $ 24,700.00 127 CEMENT CONC.TRAFFIC CURB 8-04 SP LF 1000 $ 49.55 $ 49,550.00 128 CEMENT CONC. PEDESTRIAN CURB 8-04 SP LF 420 $ 51 .55 $ 21,651 .00 129 CEMENT CONC.TRAFFIC ISLAND 24 IN.WIDE 8-05 SP LF 80 $ 67.50 $ 5,400.00 130 CEMENT CONCRETE DRIVEWAY APPROACH 8-06 SP SY 12 $ 218.00 $ 2,616.00 131 DELINEATOR AND CORE HOLE 8-10 SP EACH 1 $ 190.00 $ 190.00 132 BULLNOSE MARKER 8-10 SP EACH 1 $ 600.00 $ 600.00 133 CEMENT CONC.SIDEWALK 8-14 SP SY 250 $ 92.00 $ 23,000.00 134 CEMENT CONC.CURB RAMP TYPE PARALLEL A 8-14 SP EACH 14 $ 3,600.00 $ 50,400.00 135 CEMENT CONC. CURB RAMP TYPE PARALLEL B 8-14 SP EACH 1 $ 3,000.00 $ 3,000.00 136 CEMENT CONC.CURB RAMP TYPE CUSTOM 8-14 SP EACH 1 $ 3,000.00 $ 3,000.00 137 TRAFFIC SIGNAL SYSTEM 8-20 SP LS 1 $ 112,500.00 $ 112,500.00 138 PULL BOX 8-20SP EACH 6 $ 5,000.00 $ 30,000.00 139 CONDUIT PIPE 2 IN. DIA. 8-20 SP LF 3200 $ 28.40 $ 90,880.00 140 PERMANENT SIGNING 8-215P LS 1 $ 5,000.00 $ 5,000.00 141 PLASTIC LINE 8-22 SP LF 8000 $ 1 .80 $ 14,400.00 142 PLASTIC WIDE LANE LINE 8-22 SP LF 260 $ 7.00 $ 1,820.00 143 PLASTIC STOP LINE 8-22 SP LF 210 $ 12.00 $ 2,520.00 144 PLASTIC CROSSWALK LINE 8-22 SP SF 550 $ 8.50 $ 4,675.00 145 PLASTIC TRAFFIC ARROW 8-22 SP EACH 12 $ 125.00 $ 1 ,500.00 146 PLASTIC TRAFFIC LETTER 8-22 SP EACH 8 $ 90.00 $ 720.00 147 PLASTIC CROSSHATCH MARKING 8-22 SP LF 60 $ 4.30 $ 258.00 SCHEDULE A SUBTOTAL= $ 1,491,839.00 City of Spokane Valley Mullan Road Preservation 4 Bid Proposal Documents Bid Schedule B ITEM# ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT TOTAL 200 REMOVE STORM PIPE 2-02 SP LF 15 $ 1 20.00 $ 1 ,800.00 201 ABANDON EXISTING DRYWELL 2-02 SP EACH 1 $ 4,500.00 $ 4,500.00 202 REMOVE EXISTING CATCH BASIN 2-02 SP EACH 1 $ 2,000.00 $ 2,000.00 203 TRENCH SAFETY FENCE COMPLIANCE 2-09 SP CALC 1 $ 1.00 $ 1.00 SCHEDULE B SUBTOTAL= $ 8,301 .00 Alternate Bid Schedule C ITEM# ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT TOTAL 300 Fiber Reinforced HMA 5-04 SP TON 1700 $ 14.50 $ 24,650.00 Alternate Bid Schedule D ITEM# ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT TOTAL 400* Strip Membrane 5-03 SP LF 500 $ 1 0.00 $ 5,000.00 * Denotes bid item change through Addendum SCHEDULE A SUBTOTAL = $ 1,491,839.00 SCHEDULE B SUBTOTAL = $ 8,301.00 ALTERNATE SCHEDULE C SUBTOTAL = $ 24,650.00 ALTERNATE SCHEDULE D SUBTOTAL = $ 5,000.00 PROJECT BID TOTAL = $ 1,529,790.00 Person/Entity Name: Tony Via Signature of Bidder: Company: Inland Asphalt Company Date: 6/4/21 City of Spokane Valley Mullan Road Preservation 5 Bid Proposal Documents Spokane Valley Contractor Certification Wage Law Compliance - Responsibility Criteria Washington State Public Works Contracts FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that,to the best of my knowledge and belief,this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated,as defined in RCW 49.48.082,any provision of RCW chapters 49.46,49.48,or 49.52 within three(3)years prior to the date of the Call for Bids. Bidder Name: Inland Asphalt Company Na e or Contractor/Bidder—Print full legal entity name of firm • By: '/ - Tony Via Signature of authorized Print Name of person making certifications for firm Title: Construction Manager Place: Spokane, WA Title of person signing certificate Print city and state where signed Date: 6/4/21 City of Spokane Valley 6 Bid Proposal Documents Mullan Road Preservation CONTRACTOR'S ADMINISTRATIVE INFORMATION 1. PERSON/ENTITY a. Name as registered with the State of Washington: Inland Asphalt Company b. Physical Address: 5111 E. Broadway, Spokane, WA 99212 c. Mailing Address including zip code: PO Box 3366, Spokane, WA 99220-3366 d. Remit To Address including zip code: PO Box 3366, Spokane, WA 99220-3366 e. Telephone number including area code: 509-534-2657 f. Fax number including area code: 509-536-3137 g. E-mail address for business correspondence: jared.boucher@inlandnw.com h. Washington State Contractors License Number: INLANAC984OK i. Federal Tax identification Number: 91-1272258 j. Washington State UBI Number: 601-006-854 k. State Industrial Account Identification Number: 700,174-00 1. City of Spokane Valley Business License Number: (Business License not required for Bids but sill be required prior to Contract execution.) 2. INSURANCE COMPANY: a. Name of company: Liberty Mutual b. Mailing Address including zip code: 12 Federal St., Suite 310, Pittsburg, PA, 15212 c. Insurance Agent Name: Valerie Reece d. Insurance Agent Telephone number including area code: 800-222-8890 e. Insurance Agent Fax number including area code: 412-231-2700 3. BONDING COMPANY: a. Surety Name: Fidelity and Deposit Company of Maryland b. Surety Mailing Address including zip code: 15 West South Temple Rd., SLC, UT 84101 c. Bonding Agent Name: Tina Davis d. Bonding Agent Mailing Address including zip code: 15 West South Temple Rd., SLC, UT 84101 e. Bonding Agent Telephone number including area code: 801-533-3624 f. Bonding Agent Fax number including area code: 801-533-3610 Person/Entity Name: Tony Via Signature Of Bidder: Company: Inland Asphalt Company Date: 6/4/21 City of Spokane Valley 7 Bid Proposal Documents Mullan Road Preservation BIDDER QUALIFICATION STATEMENT The following statements of experience, personnel, equipment, and general qualifications of the Bidder are submitted with the assurance that the owner can rely on its accuracy and truthfulness.If more space is required for your answers please attach a continuation sheet(s)to the corresponding bid response page referencing the item number. 1. The company has been in business continuously from (month and year) 1934 2. The company has had experience comparable to that required under the proposed contract: a. As a prime contractor for 87 years. b. As a subcontractor for 87 years. 3. The following is a partial list of work completed that was on an order of magnitude equal to or greater in scope and complexity to that required under the proposed contract. Year Owner& Person to contact Phone No. Location Contract Value See attached 4. A list of supervisory personnel currently employed by the Bidder and available for work on the project (Construction Manager,principal foreman,superintendents and engineers)is as follows: Years of Name Title Experience See attached 5. Please attach a resume of the qualifications, previous employers, and experience of the project manager who is proposed to be assigned to the project. If a resume is not included in the bid documents the bidder agrees to furnish a resume within 24 hours of notice by the City. See attached 6. Following is a listing of all projects the company has undertaken in the last five years,which have resulted in: a. Arbitration or litigation. None b. Claims or violations being filed by the Federal Government or the Washington State Departments of L& I, Employment Security or Revenue. None c. Liens being filed by suppliers or subcontractors. 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Ttl 7 O C a`) 2 2 o o co a) a c@ 17 a) `0 7- .� 2 i) m .c C cca E O c�a a0i (o E E a) (" c 7 a '0 a) V c a) c E c a) co oo "o o o a) co c o ° a` 2 on`_ a- oo °o •> LL0 � ° i° ti 0n CD a 0 o Q 7 0 0 O c C o aU :D .0 ac) Q) a) E c .E_ .E O O -c d U) a) cn C U) 2 C o (n cn CL Cl n C) 7 2 0_ 2 oUWw CO 0 0 W J `n V -N- S Local Agency Name City of Spokane Valley Local Agency Subcontractor List Local Agency Address Prepared in compliance with RCW 39.30.060 as amended 10210 E. Sprague Ave. Spokane Valley, WA 99206 To Be Submitted with the Bid Proposal Project Name Mullan Rd. Preservation Failure to list subcontractors with whom the bidder,if awarded the contract,will directly subcontract for performance of the work of heating,ventilation and air conditioning,plumbing,as described in Chapter 18.106 RCW,and electrical,as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void. Subcontractor(s)with whom the bidder will directly subcontract that are proposed to perform the work of heating, ventilation and air conditioning,plumbing,as described in Chapter 18.106 RCW,and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s)name. To(lie extent the Project includes one or more categories of work referenced in RCW 39.30.060.and no subcontractor is listed below to perform such work.the bidder certifies that the work will either fil be performed by the bidder itself.or(ii)be performed by a lower tier subcontractor who will not contract directly with the bidder. Subcontractor Name COL.L.,r[� /roG Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed "Bidder's are notified that is the opinion of the enforcement agency that PVC or metal conduit,junction boxes,etc,are considered electrical equipment and therefore considered part of electrical work,even if the installation is for future use and no wiring or electrical current is connected during the project. SR DOT Form 271-015A EF Revised 08/2012 City of Spokane Valley 9 Bid Proposal Documents Mullan Road Preservation BID DEPOSIT FORM OF BiD DEPOSIT- CHECK ONE: Please submit this sheet with the bid deposit. CASH. Attach the deposit behind this sheet. X SURETY BOND-Attach bid bond behind this sheet.IT IS STRONGLY RECOMMENDED THAT YOU USE THE ATTACHED FORM. BID DEPOSIT REQUIRED. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent(5%)of the amount of the bid proposed. If the bidder to whom the contract is awarded fails to enter into the contract and furnish the contractor's bond as required within ten days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the City and the contract awarded to the next lowest and best bidder. If the deposit is"cash" and is in the form of a postal money order, cashier's check, or certified check, the checks are to be made payable to the City of Spokane Valley. Cash bid deposits are to be accompanied by this form. Cash bid deposits of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond and proof of insurance given by the successful bidder is accepted by the City of Spokane Valley. if the bid deposit is in the form of a surety bond it must be of a corporate surety licensed to do business in the State of Washington. The City strongly recommends the use of the attached City Bid Deposit Surety Bond Form. if the City's Bid Deposit Surety Bond Form is not used,the bidder is warned to take special care in assuring that the form used does not materially alter,qualify or conflict with the terms and conditions set forth in the City's Bid Deposit Surety Bond Form. The failure to furnish a bid bond in compliance with the City's Bid Deposit Surety Bond Form shall make the bid non-responsive and shall cause the bid to be rejected by the City. Person/Entity Name: Tony Via Signature Of Bidder: r7/77- Company: Inland Asphalt Company Date: 6/4/21 City of Spokane Valley 10 Bid Proposal Documents Mullan Road Preservation CITY Spokane jValleya BOND NO: CONTRACTOR'S BID DEPOSIT SURETY BOND to City of Spokane Valley,Washington We, inland Asphalt Company ,as Principal,existing under and by virtue of the.laws of the State of Fidelity and Deposit Company Washington and authorized to do business in the State of Washington,and ofdaryiand Surety,organized and existing under the laws of the State of Illinois , are held and firmly bound unto the City of Spokane Valley,a Washington municipality,as Obligee,in the penal sum of 5%of the total amount bid,not to exceed$ 5% of Bid , for the payment of which we jointly and severally bind ourselves,and our legal representatives and successors. WHEREAS,the Principal has submitted a bid for Mullan Road Preservation Project#0292. NOW THEREFORE,the condition of the obligation is such that if the Obligee shall accept the bid of Principal and make timely award to the Principal according to the terms of the bid documents;and the Principal shall, within ten days after notice of the award,exclusive of the day of notice,enter into the contract with the Obligee and furnish the contractor's bonds(performance and payment bonds)with Surety satisfactory to the Obligee in an amount equal to 100%of the amount of the bid proposed including additives,alternatives and Washington State sales tax, then this obligation shall be null and void; otherwise if the Principal fails to enter into the contract and fails to furnish the contractor's bonds within ten days of notice of award,exclusive of the day of notice,the amount of the bid deposit shall be forfeited to the Obligee, payable by the Surety; but in no event will the Surety's liability exceed the face amount of this bid bond. This bond may be executed in two original counterparts,and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRiNCIPAVG.ONT CTOR) SURET 4 ' 6/4/21 /� , 6/4/21 Principal Signature /� Date iS<Jrety Signature Date Tony Via James Tibbits Printed Name Printed Name Construction Manager Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: James Tibbits, PO Box 3366, Spokane, WA 99220-3366, 509-534-2657 Rrciscd I la 13 City of Spokane Valley I I Bid Proposal Documents Mullan Road Preservation ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,constitute, and appoint, Doug MIGAS, James M. TIBBITS, Craig HAYFIELD, John J. MADDEN, Maria VELA and Anthony J. VIA, of Spokane,Washington, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bid bonds issued on behalf of Inland Asphalt DBA CPM Development Corporation, Spokane, Washington each in a penalty not to exceed the sum of$1,000,000 and the execution of such bid bonds in pursuance of these presents, shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 8tf day of October,A.D.2019. "(Fa," v' 1.4 A fl tearvi SEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President o f ni, 1JWU — By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 8th day of October, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. �,+,sii 1N TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ;��: .'........... ottv (/'1_Y_ / `•.. / ,'i s=: )1Tjii•1 111 s` 't,ltti 11ii" Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 41h day of June 2021 SEAL :tc 1 , • ,901 Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfcIaims(c�zurichna.com 800-626-4577 REPRESENTATIONS AND CERTIFICATIONS Pursuant to RCW 9A.72.085, I Tony Via , declare under penalty of perjury under the laws of the State of Washington that the following Representations and Certifications are true and correct: REPRESENTATION: I am the Const. Mgr (position) for Inland Asphalt Co. (company name), (hereinafter "Firm"), and have been duly authorized to make all such representations and certifications herein on behalf of the Firm. Any reference herein to"I,""me,"or"we"means the Firm. ANTI-KICKBACK REPRESENTATION: No officer or employee of the City of Spokane Valley, having the power or duty to perform an official act or action related to this submittal,has,nor will they acquire any interest in this submittal, or have solicited, accepted or granted a present or future gift, favor, service, or other thing of value from or to any person involved in this submittal. REPRESENTATION: In submitting this bid i represent that the bid documents have been read and understood, that the site has been visited and or that I have become familiarized with the local conditions under which the work is to be performed,that by signature of this proposal I acknowledge all requirements and that I or authorized representatives of the Firm have signed all certificates contained herein. REPRESENTATION: In submitting this bid I acknowledge and agree to the requirements and conditions applicable to bid deposits in the form of a cash bid deposit or surety bond bid deposit. NON-COLLUSION: That the Firm and all associated members,officers,and employees of such Firm have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this bid is submitted. I CERTIFY that pursuant to RCW 39.04.350(1)(d)and RCW 39.06.010,no final determination of violation of RCW 50.12.070(1)(b), 50.16.070(1)(b), or 82.32.070(1)(b) has been made by the Washington State Departments of Employment Security, Labor And Industries or Revenue respectively dated within two years of the date of the closing of this bid. I understand further that no bid may be submitted,considered or contract awarded for a public work to any person or entity that has a determination of violation of the above referenced statutes within two years from the date that a violation is finally determined and the date of this bid closing. I CERTIFY that the Firm is not in violation of RCW 39.04.350(1)(d) and RCW 39.12.065(3)with regard to payment of prevailing wages. I CERTIFY that pursuant to RCW 39.04.350(1)(g),in the three-year period immediately preceding the date of the bid solicitation, no final and binding citation and assessment has been issued by the Department of Labor and Industries and no civil judgment has been entered by a court of limited or general jurisdiction for any willful violation of chapters 49.46, 49.48, or 49.52 RCW. I CERTIFY that pursuant to RCW 39.04.350(1)(f), all necessary members,officers, and employees of the Firm have: CHECK ONE: Completed the appropriate training on prevailing wage and public works requirements prior to contract award;or X Completed three or more public works projects and has held a valid Washington business for three or more years. A copy of evidence of such training or exemption from the Department of Labor and Industries has been attached to this Representation and Certification Form. City of Spokane Valley 12 Bid Proposal Documents Mullan Road Preservation I CERTIFY that pursuant to RCW 39.06.020, if selected, I will verify the responsibility criteria for all subcontractors as set forth in RCW 39.04.350(1). I CERTIFY that to the best of my knowledge the information contained in this proposal is accurate and complete and that 1 have the legal authority to commit this Firm to a contractual agreement. I realize the final funding for any service is based upon budget levels and the approval of the City of Spokane Valley. I CERTIFY that by signing the signature page of this bid, I am deemed to have signed and have agreed to the provisions of this declaration. Name: Tony Via/Inland Asphalt Company Person/entity )subm'tting bid(print) v Signature: �i � Title: Construction Manager Date: 6/4/21 Place Signed: Spokane, WA City of Spokane Valley 13 Bid Proposal Documents Mullan Road Preservation liG . APWA-WA Division 1 Committee rev. 1/8/2016 Proposal for Incorporating Recycled Materials Into the Project In compliance with a new law that went into effect January 1, 2016 (SHB1695), the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21(1)E, Table on Maximum Allowable Percent(By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: 0% percent. Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award, unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages will be used as a tie-breaker, per the APWA GSP in Section 1-03.1 of the Special Provisions. Regardless, the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions. Bidder: Inland Asphalt Company Signature of Authorized Official: Date: 6/4/21 City of Spokane Valley 14 Bid Proposal Documents Mullan Road Preservation "xti't bi A- G Ac® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDMlYY) 6/10/2021 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). CONTACT PRODUCER LibertyMutual Insurance Co. National Insurance East NAME: Valerie Reece 2000 Westwood Dr. ac No.Exti: 513-867-3822 .No): Wausau,WI 54401 E-MAIL Oldcastle.certs Libe Mutual.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC N www.LibertyMutual.com INSURERA: Liberty Mutual Fire Insurance Company 23035 INSURED Inland Asphalt Company(120-SPO) INSURER B: Liberty Insurance Corporation 42404 CPM Development Corporation dba INSURER C: PO Box 3366 INSURER D: Spokane,WA 99220-3366 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 57008424 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 POUCY EFF POLICY EXP W LIMITS LTR ,INSR VD POLICY NUMBER (MM/DD/YYYYLIMM/DDIYYYYL . A 1/ COMMERCIAL GENERAL LIABILITY TB2-C81-004095-110 9/1/2020 9/1/2021 EACH OCCURRENCE $2,000,000 7 AMAGE TO CLAIMS-MADE ✓ OCCUR PREM SES(EaENTED occurrence) $300,000 ✓ ✓ XCU Coverage Included ✓ Primary/Non-Contributory MED EXP(Any one person) $50,000 ✓ Separation of Insured PERSONAL&ADV INJURY $2,000,000 / GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 t/ POLICY I 1,178, _ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILELIABILITY AS2-C81-004095-120 9/1/2020 9/1/2021 (EO aiNdEeDtSINGLE LIMIT $2 000,000 ANY AUTO BODILY INJURY(Per person) $ A ✓ OWNED SCHEDULED i i AS2-C81-054502-520 9/1/2020 9/1/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS Physical Damage only: HIRED AUTOS ONLY AUTOS ONLYY Comprehensive Ded$10,000 (Per Oaaccid DAMAGE $ Collision Ded$10,000 $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ — B WORKERS COMPENSATION WA7-C8D-004095-020 9/1/2020 9/1/2021 �/ PERTUTE ERH ,W AND EMPLOYERS'LIABILITY Y/N All except OH,ND,WAY OFFICER/MEMBER EXCLUDED?ECUTIVE N NIA ✓ E.L.EACH ACCIDENT $1,000,000 B (Mandatory In NH) WC7-C81-004095-010 9/1/2020 9/1/2021 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WI,MN E.L.DISEASE-POLICY LIMIT $1,000,000 A Washington Stop Gap TB2-C81-004095-110 9/1/2020 9/1/2021 BI Each Accident $1,000,000 Employers Liability Coverage BI Aggregate Limit $1,000,000 BI Each Employee $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) RE: Mullan Road Preservation- Contract No. 0292 City of Spokane Valley is additional insured with respect to the above referenced project. Coverage is primary and non-contributory. Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10210 E. Sprague Ave. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE I Valerie Reece ) iG.t a�n �� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 57008424 1 LM_44 1 9/20-9/21 - Standard 2/2 w/WA Stop Gap 1 Donna Smitala 1 8/13/2020 2:06;34 PM (CDT) 1 Page 1 of 1 Spokane .Valley BOND NO: 9379656 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington CPM Development Corporation dba The City of Spokane Valley,Washington,in Spokane County,has awarded to Inland Asphalt Company (Contractor), as Principal,a contract for the construction of the project designated as Mullan Road Preservation Project No.0292 in Spokane Valley, Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Fidelity and Deposit Company of Maryland (Surety), a corporation, organized under the laws of Illinois and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ 1,529,790 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 materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in 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 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:T'his bond,will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. CPM Development Corporation dba PRINCIPAL(C TRACT R) Inland Asphalt Company SURETY Fid8lt�y and Depasi Company of Maryland C ,/10 �S Zl 021 Principal Signature ate urety ignature Date f+Obk,if (U,.¢ Linda Nipper Printed Name Printed Name 4Aa.S7,24.3C.,-KO -) /`14^44Ces7Z- Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Marsh USA Inc., 15 W. South Temple,Ste.700,Salt Lake City, UT 84101 801-533-3629 City of Spokane Valley Mullan Road Preservation Spokane jValley BOND NO: 9379656 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington CPM Development Corporation dba The City of Spokane Valley,Washington,in Spokane County,has awarded to Inland Asphalt Company (Contractor), as Principal,a contract for the construction of the project designated as Mullan Road Preservation Project No. 0292 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(RCW). The Principal, and Fidelity and Deposit Company of Maryland (Surety), a corporation organized under the laws Illinois and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee, in the sum of$ 1,529.790 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 all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics,subcontractors, and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the 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 required payments;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 not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CO CT PM Development Corporation PRINCIPAL(CrSURETYFid MarylandCompany of ba Inland Asphalt Company c SIG ? LJ 6/11,2021 Principal Signature ate Surety Signature a e iow.,r PA•40 Linda Nipper Printed Name Printed Name 4-4 5Wouc?z00.3 /t44A/t; e Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Marsh USA Inc., 15 W. South Temple,Ste.700,Salt Lake City,UT 84101 801-533-3629 City of Spokane Valley Mullan Road Preservation ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Linda Nipper , its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 1 lth day of July,A.D.2019. :'`'a+!��'' •Kra cal4t4 )o .49,1 (1:11410 03,4 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D,Murray Vice President L 4 C4;1*>'--- By Dawn E. Brown Secretary State of Maryland County of Baltimore On this 11th day of July, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. `,s,uu,a�'2 t•U•JN',0 Constance A.Dunn,Notary Public ,, A,�, ;.`� My Commission Expires:July 9,2023 h,,nn,p EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 11th day of June , 2021 , 0 6AL �! - �f; N u�' ) a • Brian M.Hodges,Vice President - TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.corn 800-626-4577 Spol�ane jValley BOND NO: 9379658 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington CPM Development Corporation dba The City of Spokane Valley, Washington, in Spokane County, has awarded to Inland Asphalt Company ("Contractor"), as Principal, a contract for the construction of the project designated as Mullan Road Preservation Project No. 0292(the"Contract")in Spokane Valley,Washington. The Principal,existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington,and Fidelity and Deposit Company of Maryland organized and existing under the laws of the State of Illinois and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto the City of Spokane Valley, hereinafter called Obligee,and are similarly held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW,in the penal sum of 5%of the Contract, which is Seventy-six thousand four hundred and eighty nine and 50/100 dollars ($ 76,489.50 ),plus 5%of any increases in the Contract amount that have occurred or may occur,due to change orders,increases in the quantities,or the addition of any new item of work. WHEREAS,on the 10th day of June ,2021,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: 1. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act, omission or defenses of any kind or nature that would not also discharge Principal. 2. This obligation shall be binding upon and inure to the benefit of the Principal,the Surety,the Obligee, the beneficiaries of the trust fund created by chapter 60.28 RCW and their respective heirs,executors, administrators,successors and assigns. 3. Any suit under this bond must be instituted within the time provided by applicable law. City of Spokane Valley Mullen Road Preservation ' This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. CPM Development Corporation dba PRINCIPAL(CONTRACT )Inland Asphalt Company SURETY Fidelity and Deposit Company of Maryland G/S t1 5/11/202I Principal Signature Da Sig e Da = Linda Nipper _ Printed Name Printed Name l S Y7GuC7-7 co-) /44 1 c:/Z. Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Marsh USA Inc., 15 W. South Temple, Ste.700,Salt Lake City, UT 84101 801-533-3629 City of Spokane Valley Mullan Road Preservation • . ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Linda Nipper , its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of July,A.D.2019. =t' } A SEAL .I air ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President g-i--) t,. , By Dawn E.Brown Secretary State of Maryland County of Baltimore On this 11th day of July, A.D. 2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. oiirr(tjr�� if.otN1Y�► .•). /� i)i ,,,Usti`. Constance A.Dunn,Notary Public `�.` My Commission Expires:July 9,2023 )'n+rma. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 11th day of June , 2021 Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(a,zurichna.com 800-626-4577