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25-003.00D-McPConstructionThorpeRdBridgeSuperstructureReplacement 1 Contract This agreement is entered into this 17th day of April, 2025, between the City of Spokane Valley ("City")and D-McP Construction, LLC ("Contractor"). In consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties agree as follows: The Contractor shall do all work and furnish all tools,materials,and equipment for: Thorpe Road Bridge Superstructure Replacement Project,CIP No.372 Contract 25-003 in accordance with and as described in the Contract Documents. The "Contract Documents" are defined to include the following: this Contract; the Contract Provisions and Plans for CIP No. 372, the 2025 Standard Specifications for Road, Bridges, and Municipal Construction as prepared by the Washington State of Department of Transportation ("Standard Specifications" available online on WSDOT's website), Addenda (as defined in the Standard Specifications), the Contractor's completed and submitted Bid Proposal Documents,Special Provisions for CIP No. 372, including the WSDOT Standard Plans and City Standard Plans identified therein, Performance and Payment and Retainage Bonds(attached hereto as Exhibits A and B respectively), all change orders and contract amendments signed by both Parties after the date this Contract has been fully executed, as well as all documents, exhibits, appendices, and attachments to or referenced in any of the aforementioned Contract Documents. All Contract Documents listed here are incorporated herein by reference and made a part hereof. To the extent any documents are incorporated by reference into the Standard Specifications and/or Special Provisions, they are incorporated herein by reference and made part of the Contract Documents. Contractor shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. City of Spokane Valley C-I Contract Forms Thorpe Road Bridge Superstructure Replacement III. The Contractor for himself/herself,and for his/hers heirs,executors,administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City by reason of entering onto this contract, except as provided herein. V. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). VI. The project was awarded for the bid amount of$ 304,493.00 IN WITNESS WHEREOF, the Contractor has executed this instrument,on the date below, and the City has caused this instrument to be executed on the date stated above. Executed by Contractor A0(1 I 2, , 2025. Date C�u;l� �Ic�I�n:a•r . Printed Name Title Signature City of Spokane Valley r12-( 1( I)ill/1 Printed Name Citv Managlr� 4G+1 Title i 1 Signature-- — City of Spokane Valley C-2 Contract Forms Thorpe Road Bridge Superstructure Replacement Spokane BOND NO: YCN7481880 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington.has awarded to D-McP Construction,LLC (Contractor),as Principal, a contract for the construction of the project designated as Thorne Road Bridee Superstructure Replacement Project No.0372 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 Old Republic Surety Company (Surety), a corporation organized under the laws Wisconsin 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$ 304,493.00 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.PRIN • /�1 (CONTRACTOR) D-McP Construction, LLC SURETY Old Republic Surety Company N '/, 1812•-+2t Ofti1 L/ Yw 4/22/25 rincitgnature Date "PA S nature -Date C A/A Jennifer Martinez M `,�[�1 e art nez Ibarra Printed Name - Printed Name Sit I- Attorney-in-Fact T le Title Name,address,and telephone of local office/agent of Surety Company is: Marsh & McLennan Agency 501 N Riverpoint Blvd. Suite 403 Spokane, WA 99202 509-838-3501 City of Spokane Valley C-4 Contract Forms Thorpe Road Bridge Superstructure Replacement BOND NO: YCN7481880 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to D-McP Construction,LLC(Contractor),as Principal, a contract for the construction of the project designated as Thorpe Road Bridge Superstructure Replacement Proiect No.0372 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 Old Republic Surety Company (Surety), a corporation, organized under the laws of Wisconsin 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$ 304,493.00 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs,executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and 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. P �4410 'AL(CONTRACTOR) D-McP Construction,'/ LLC SURETY Old Republic Surety Company —Aim e f Z9/ZC2,� , 4f/4 j e na- 4/22/25 Print i naturena/� / Date urety nature Date J. 1 IkrtviA Jennifer Martinez Ibarr �Namea Printed Name ---RYidW►— Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Marsh & McLennan Agency 501 N Riverpoint Blvd, Suite 403 Spokane, WA 99202 509-838-3501 Rc,i',,j City of Spokane Valley C-3 Contract Forms Thorpe Road Bridge Superstructure Replacement **** * OLD REPUBLIC SURETY COMPANY ** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY.a Vrhsconsin stock insurance corporation,does make,constitute and appoint: Jennifer Martinez Ibarra its true and lawful Attorney(s)-in-Fact, with full power and authority For and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto Of a seal is required). bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows ALL WRITTEN INSTRUMENTS Principal: D-McP Construction, LLC Obligee: City of Spokane Valley and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary. may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings.recognizances,and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary:or (ii) when signed by the president.any vice president or assistant vice president.secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance. or other suretyship obligations of the company;and such signature and seal when so used shall have the same Force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 20th day of September 2022 whir",•, OLD REPUBLIC SURETY COMPANY jKGCr r,`a„a,�� C�c SEAL - As Assistant Secretory gyp' e President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 20th day of September , 2022 ,personally came before me, Alan Pavlic and Karen J Haffner ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same,and being by ire duly sworn,did severally depose and say: that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. • y i ` egarbovt- rictary p,,tii i My Commission Expires: September 28, 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I. the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked. and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. 4 awls g'�c°Keti4\�A • SEAL i' Signed and sealed at the City of Brookfield,WI this 22nd day of April 2025 oasC 22262 t i of r +'"" +pso" Assistant Secrete y D-MCCON-01 MNEIGHBORS AWE?O DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/29/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER rCiRgiACT James Clegg Spokane Office Marsh McLennan A enc LLC (NCNVo,Ext):(509)789-7438 (A/C,A No): y E- AILle 501 N.Riverpoint Blvd.,Ste 403 Ad"DREss:James.0 gg@MarshMMA.com Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Western National Mutual Insurance Company 15377 INSURED INSURER B: D-McP Construction,LLC INSURER C: 15522 N.Chronicle Ct. INSURER D: Mead,WA 99021 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF I POLICY EXP LIMITS LTR INSD,WVD IMMIDD/YYYYI IMM/DDNYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X CPP 1250770 04 11/13/2024 11/13/2025 DPREMISES°(Eao T rrrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY (EOa aeMBINEDntSINGLE LIMIT $ 1,000,000 X ANY AUTO X X CPP 1248281 04 11/13/2024 11/13/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTODS ONLY AUTOS BODILY BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNEDUUTS ON (Per acodentDAMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAR CLAIMS-MADE X UMB 1042376 04 11/13/2024 11/13/2025 AGGREGATE $ 2,000,000 DED X I RETENTION$ 10,000 WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBERoI EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re:Thorpe Road Bridge Superstructure Replacement Project-0372 City of Spokane Valley is additional insured,on a primary/non-contributory basis,including waiver of subrogation,in accordance with the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' 3I S1.A1E Of WASH1NG1ON Department of Labor & Industries Certificate of Workers' Compensation Coverage May 2, 2025 WA UBI No. 602 985 494 L&I Account ID 630,673-01 Legal Business Name D MCP CONSTRUCTON LLC Doing Business As D MCP LLC Workers' Comp Premium Status: Call L&I account representative for account status. Estimated Workers Reported Incomplete premium report received. (See Description Below) Account Representative Employer Services Help Line. (360) 902-4817 Licensed Contractor? Yes License No. DMCPCCL906B6 License Expiration 03/04/2027 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .1 2.050 and 51 .1 6.190). i}A STATE OFwASH1r GrON Department of Labor& Industries Certificate of Workers' Compensation Coverage May 2, 2025 WA UBI No. 602 985 494 L&I Account ID 630,673-01 Legal Business Name D MCP CONSTRUCTON LLC Doing Business As D MCP LLC Workers' Comp Premium Status: Call L&I account representative for account status. Estimated Workers Reported Incomplete premium report received. (See Description Below) Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? Yes License No. DMCPCCL906B6 License Expiration 03/04/2027 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .1 2.050 and 51.16.1 90).