22-105.00 Band Construction: City Hall Repairs Contract No.22-105
CONSTRUCTION AGREEMENT
Band Construction,Inc.
THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of
Spokane Valley, a code City of the State of Washington ("City") and Band Construction, Inc.
("Contractor")jointly referred to as the"Parties".
IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows:
1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials,
supplies,and equipment and other items necessary for the construction and completion of the#0322-1 City
Hall Stairs 1 and 3 -Ceiling&Firestopping 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$1,200.00 per day.
These liquidated damages are not a penalty,but are fixed and agreed upon by and between Contractor and
City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City
would sustain in the event that the Work is not completed in accordance with the Contract
Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to
the Contractor.
4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in
accordance with the Contract Documents the sum of$160,074.50, plus Washington State Sales Tax of
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 1 of 10
$14,246.63 (if applicable), for a total of$174,321.13, based on the bid submitted by Contractor(Exhibit
C),and as may be adjusted in accordance with the Contract Documents.
5. Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application
for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance
Department at the address stated in paragraph 6.
Pursuant to chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City.
City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which
is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the
Contract Documents,City standards,City Code,state standards,or federal standards.
6.Notice. Notice other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: Christine Bainbridge,City Clerk Name: Deacon Band,Principal
Phone:(509)720-5000 Phone: (509)496-6019
Address: 10210 East Sprague Avenue Address: 1802 E Trent Ave, Suite B
Spokane Valley,WA 99206 Spokane,WA 99202
7. Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply
with all applicable federal, state,and local laws,codes,and regulations.
8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Contractor 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.
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 2 of 10
9.Prevailing Wares 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:
A. State of Washington prevailing wage rates applicable to this public works project,published by
L&I,are located at the L&I website address:
https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.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
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 3 of 10
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
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.
llee) 12. Commercial general liability insurance shall be written with limits no less than
�Q Ol -��0O 0OO'each occurrence, $2,000,000 general aggregate,and no less than a$2,000,000
(PfV I I products-completed operations aggregate limit.
00 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:
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 4 of 10
1. Contractor's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be excess
of Contractor's insurance and shall not 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
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
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 5 of 10
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
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
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 6 of 10
and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or
altered except in writing signed by the Parties.
25.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or
action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited,
accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an
interest in this Agreement.
26. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall
register with the City as a business if it has not already done so.
27. 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, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination
in federally-assisted programs as adopted or 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,
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.
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 7 of 10
F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these
Contract Clauses 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;and 49 Part
26;
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 U.S.C. §471, Section 47123), as
amended,(prohibits discrimination based on race,creed,color,national origin,or sex);
The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of
the terms"programs or activities"to include all of the programs or activities of the Federal-
aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities,public and private transportation
systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131-
12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37
and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123)
(prohibits discrimination on the basis of race,color,national origin,and sex);
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 8 of 10
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 seq.).
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. Cost Statement
C. Insurance Endorsements
D. Performance and Payment Bond
The Parties have executed this Agreement this 6 day of w , 2022.
CITY 0 0 E V EY: Contractor:
John Ho an,City Mana er By: Deacon Band,Principal
Its: Authorized Representative
APPROVED AS TO FORM:
evi(
Office the City Att ey
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 9 of 10
Exhibit A—Scope of Work
City Hall Stairs 1 and 3 -Ceilings and Firestopping#322-1 consists of: removing the existing ceiling
and appurtenances(electrical fixtures,fire-sprinkler heads,etc.),installing the necessary steel framing and
hat channels, installing four new layers of gypsum wallboard and firestopping, reinstalling appurtenances
and finishing the spaces including painting, and other related work, all in accordance with the Contract
Provisions and Plans. Contract Documents consist of:
• Bid Proposal
• Contract Provisions and Plans
• Standard Plans
• Addenda
• Certifications and Affidavits
• Supplemental Agreements
• Change Orders
0322-1 City Hall Stairs 1 and 3-Ceiling&Firestopping-Band contract Page 10 of 10
BANDC-1 OP ID:JB
A1CC PRr0" DATE(MM/DDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 0612112022
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).
PRODUCER 509-891-1000 NaTACT Jannei Louie
Blasingame Insurance PHONE 509-891-1000 I FAX
WC,Noy:509-891-1430
200 N.Argonne Rd WC,No,Ext):
Spokane,WA 99212 m4Ss,jannel@blasingameins.com
Nick Gilliland
INSURER(S)AFFORDING COVERAGE NAIC i
INSURER A:Cincinnati Insurance Company 10677
INSURED INSURER B:
Band Construction,Inc.
Deacon Band INSURER C:
1802E Trent Ave Ste B INSURER D
Spokane,WA 99202-2909
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.
1LTR TYPE OF INSURANCE INSD sWVD POLICY NUMBER (MM/L[1DmYFY1 IMM/LDI POLICY
LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE X OCCUR EPP 0515953 01/05/2022 01/05/2025 DAMAGETO RENTED 100,DDD
X X PREMISES(Ea occurrence) $
MED EXP(Any one person) $ 10,000
PERSONAL&ADVINJURY $ 1,000,000
GENT.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY S& LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
A AUTOMOBILE LIABILITY COMaecciddenBINEDtSINGLE LIMIT $ 1,000,000
(E
ANY AUTO EBA 0515953 01/05/2022 01/05/2023 BODILY INJURY(Per person) $
—
OWNED SCHEDULED
_ AUTOSRREE ONLY X AUTOS
W Ep BODILY INJURY(Per accident) $
X AUTOS ONLY X AUTOS ONNLY RPer?acEccident)DAMAGE
_ UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$ $
A H-
WORKERS
EMPLCOMPENSATION
YERS'LIAR LIABILITY X STATUTE ER
ANY PROPRIEtOR/PARTNER/EXECWlVE YIN EPP 0515953 01/05/2022 01/05/2025 E.L.EACH ACCIDENT $ 1,000,000
IMandatory In NH) LUDED7 N f A 1,000,000
E.L.DISEASE-EA EMPLOYEE $
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Equipment EPP 0515953 12/04/2022 01/05/2025 Rented!
Deductible$1,000 Leased 100,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
Certificate holder as additional insured per form GA101,GA233.Coverage is
primary and non-contributory,waiver of subrogation and completed operations
are included
CERTIFICATE HOLDER CANCELLATION
•
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS.
10210 E Sprague Ave
Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE
1#raZ
ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Spokane
_Val ley 231678H
BOND NO:
CONTRACTOR'S PERFORMANCE BOND
to City of Spokane Valley,Washington
The City of Spokane Valley, Washington, in Spokane County, has awarded to Band Construction Inc.
(Contractor), as Principal, a contract for the construction of the project designated as City Hall Stairs 1 and 3 Ceilings and
Firestopping Project No.0322-1 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 Westfield Insurance Company (Surety), a corporation,
organized under the laws of Ohio and licensed to do business in the State of Washington as surety and named 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$133,000 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.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(CON OR) S
/20 WV-1/n.—
Principal Signature Date Surety i re Date
natcOn- ,6O Ai (it G IL(,i(,-4N 0
Printed Name Printed Name
nctih�� ArrCt JtN 114 Fik—
Title Title
Name,address,and telephone of local office/agent of Surety Company is:
Nick Gilliland with Blasingame Insurance 200 N Argonne Rd Spoknane Valley,WA 99212 509-891-1000
City of Spokane Valley 15 Sample Contract Forms
City Hall Stairs 1 and 3 Ceilings and Firestopping
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER#AND ISSUED PRIOR TO 10/24/19, FOR ANY PERSON OR PERSONS NAMED BELOW.
General POWER NO. 4670102 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make,constitute and appoint
IAN CUNNINGHAM, JASON W. RESER, DAN C.WAREHAM, NICK GILLILAND,JOINTLY OR SEVERALLY
of SPOKANE VALLEY and State of WAits true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved,that the President, any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8,2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 24th day of OCTOBER A.D.,2019 .
Corporate `a4Yit,(~p'+ `o'''.CONA1(/.ti'', C """''•. WESTFIELD INSURANCE COMPANY
Seals /�'�t ..P ,`a?.•••••'•• ::SG.; �i•" Aj%�� WESTFIELD NATIONAL INSURANCE COMPANY
Affixed ,t f .. •1,-r �°• so$ ; � z- •� ,� OHIO FARMERS INSURANCE COMPANY
_ SEAL, � LIE. SEAL ••m_ ° .
t ;Wy in; =m•• 184a :�= * ?. Ki. .f.:
State of Ohio • ."„* By:
Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 24th day of OCTOBER A.D.,2019 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial ,•�a�A t,,N•I'L
Seal 0)&zed/a7o.
•
_......:,,_
Affixed ,�P. `S�:,
_ ..
• David A. Kotnik,Attorney at Law, Notary Public
State of Ohio ) 1, O My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: ▪ A :kak .,
9Te• o f O
I, Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect. ��1
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this Zy`c ay of
,)o fj t A.D. LOLZ • .
o• z • i T,VIAiITEii��? 3 I-- �
i y��✓EAL t'` c~n SEAL : 4 '
m.. GI• s �i/r�ur l Secret
'jr'., �'' •n: 1848
1is...
ti.711....:�ir =_z,••• •:'o; •• , .•�Nr Frank A. Camino, Secretary
,,,� ,art ��,
BPOAC2 (combined) (06-02)
Spokane
jValley' BOND NO: 231678H
CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT)
to City of Spokane Valley,Washington
The City of Spokane Valley, Washington, in Spokane County, has awarded to Band Construction Inc.
(Contractor), as Principal, a contract for the construction of the project designated as City Hall Stairs 1 and 3 Ceilings and
Firestopping Project No.0322-1 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 Westfield Insurance Company (Surety), a corporation
organized under the laws Ohio 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$133,000 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 TOR) S
6Ati zz , (/Zlq/ZZ
Principal Signature Date Surety Sig re Date
ae, i3c ,I V t C iA- G t L L'Cab
Printed Name Printed Name
CL112/ 1}rfi004)FNc + F h C T'
Title Title
Name,address,and telephone of local office/agent of Surety Company is: -
Nick Gilliland with Blasingame Insurance 200 N Argonne Rd Spoknane Valley,WA 99212 509-891-1000
City of Spokane Valley 16 Sample Contract Forms
City Hall Stairs 1 and 3 Ceilings and Firestopping
RIDER TO CHANGE AMOUNT FOR USE ON BONDS
OF SURETYSHIP OTHER THAN FIDELITY
To be attached to and form part of
CONTRACT
(TYPE OF BOND)
No 231678H
issued by
IN WESTFIELD INSURANCE COMPANY
❑ WESTFIELD NATIONAL INSURANCE COMPANY
❑ OHIO FARMERS INSURANCE COMPANY
One Park Circle,P O Box 5001,Westfield Center,Ohio,44251-5001
in favor of
CITY OF SPOKANE VALLEY
Obligee on behalf of
BAND CONSTRUCTION INC
Principal in the amount of
ONE HUNDRED THIRTY THREE THOUSAND AND NO/100
Dollars($133,000.00 ),effective the 10TH day of JUNE , 2022
It is hereby agreed that effective the 10TH day of JUNE , 2022 ,the amount of this
bond shall be INCREASED to
(inaeased/decreased) (New Amount
ONE HUNDRED SEVENTY FOUR THOUSAND,THREE HUNDRED TWENTY ONE AND 13/100
Dollars($174,321.13 )
(New Amount)
The Surety's liability prior to the effective date of the change in amount shall not exceed
ONE HUNDRED THIRTY THREE THOUSAND AND NO/100
(Previous Amount)
Dollars($ 133,000.00 ),and after said date shall not exceed
Previous Amount)
ONE HUNDRED SEVENTY FOUR THOUSAND,THREE HUNDRED TWENTY ONE AND 13/100
(New Amount)
Dollars($ 174,321.13 )
(New Amount)
However,the Surety's liability shall not be cumulative or in any event exceed in the aggregate the larger amount.
SIGNED AND DATED this 1ST day of JULY 2022
ACCEPTED: BAND CONSTRUCTION INC
CITY OF SPOKANE VALLEY Principal
Obligee By:
BAND CONSTRUCTION INC Principal
By
Title WESTFIELD INSURANCE COMPANY
WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
By I I442 71/01..A/
/AN MORGAN Attorney-in-Fact
Bd5449 OFWWN(07-04)
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER#AND ISSUED PRIOR TO 10/24/19, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 4670102 00
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make,constitute and appoint
IAN CUNNINGHAM,JASON W. RESER, DAN C.WAREHAM, NICK GILLILAND,JOINTLY OR SEVERALLY
of SPOKANE VALLEY and State of WAits true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship •
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity& Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8,2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 24th day of OCTOBER A.D.,2019 .
•
Corporate ''.,h ..,,,„.„, .,,,,...u,,.h,,,
Seals ''e�4s�p�ie ., ` p-n� !./4/,'',- . �NSURL WESTFIELD INSURANCE COMPANY
•ytp .. �': G. , t�,.••••••,'!;/�i'�,,� WESTFIELD NATIONAL INSURANCE COMPANY
Affixed pi Wk. .Sp s O •-P; +g��'' !'' OHIO FARMERS INSURANCE COMPANY
} (SEL)a1 3c~n, SEAL ;m" :p; �•
,.*..-'• By:
Y•
State of Ohio -
Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 24th day of OCTOBER A.D.,2019 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial 00,1.10444.,..
Seal 1. .. "
Affixed ,�P'R����/ •�F*s 6Fize,g/di&o.
z:=, __.•`.r
• David A. Kotnik, Attorney at Law, Notary Public
State of Ohio : tn ) 1; My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: - A Am.,
;
'N. tOFO
I, Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still in full force and effect; and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this VIntday of
3,-$1E- A.D. UV— • .
Ae''.------- A 1
�� : SEAL sm' :�= SecretW
gyp,•.•-`.,� ./V �; :0,7. -. 1348 ,:'.; Frank A. Carrino, Secretary
BPOAC2 (combined) (06-02)