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25-145.00ActiveConstructionPinesRdBNSFGSP - v Contract This agreement is entered into this v"` day of Cdt-r 2025, between the City of Spokane Valley("City")and Active Construction Inc. ("Contractor"),pursuant to Title 35 RCW,as adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties agree as follows: I. The Contractor shall do all work and furnish all tools,materials,and equipment for: Pines Rd BNSF Grade Separation Project#0223 Contract 25-145 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. 0223, 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. 0223, including the WSDOT Standard Plans and City Standard Plans identified therein, Performance and Payment 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. 111. 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. I V. 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). City of Spokane Valley C-I Contract Documents Pines Rd BNSF Grade Separation VI. The project was awarded for the bid amount of$ 11,625,625.00 including applicable sales tax. VII. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested in only 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. The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 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 21 St day of August , 2025. Date GGNSTR . I? David Ceccanti =A •' G���OR1Tt�`�y' Printed Name • a -. SEAL n_ President Title Signature City of Spokane Valley John Hohman Printed Name City Manager Title Signature City of Spokane Valley C-2 Contract Documents Pines Rd BNSF Grade Separation Spokane COPY jValley EXHIBIT A BOND NO: 023237214 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to Active Construction Inc(Contractor),as Principal,a contract for the construction of the project designated as Pines Rd BNSF Grade Separation,Project No.0223 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 Liberty Mutual Insurance Company (Surety), a corporation, organized under the laws of Massachusetts 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$ 11,625,625.00 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 perfonn 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(CONTRACTOR) S N , el22I2s -3 8/21/2025 ' STRUC Principal Signature : G�.••',. lj�3te urety Signature Date �avie� eccwn 1=� • �'O�PIt‘iT�•V. Holli Lagerquist Printed Name SEAL : n-Z Printed Name _ Tres i aerni— Attorney-in-Fact - - Title / • •.. ••'rt. Title _ : "•.48H•``'H' . ,•'� Name,address,and telephone of local D�ce/agent of Surety Company is: Propel Insurance 1201 Pacific Ave., Suite 1000, Tacoma, WA 98402 253-759-2200 City of Spokane Valley C-3 Contract Documents Pines Rd BNSF Grade Separation Spokane COPY Valley EXHIBIT B BOND No: 023237214 CONTRACTOR'S PAYMENT BOND to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to Active Construction Inc(Contractor),as Principal,a contract for the construction of the project designated as Pines Rd BNSF Grade Separation,Project No.0223 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)and chapter 60.28 RCW. The Principal, and Liberty Mutual Insurance Company (Surety), a corporation organized under the laws of Massachusetts 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$ 11,625,625.00 total Contract amount,subject to the provisions herein. This payment bond shall cover any and all taxes incurred pursuant to Titles 50 and 51 RCW, taxes imposed on the Principal pursuant to Title 82 RCW, and any additional sales taxes. 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, 39.12, and 6028 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;shall pay all taxes due pursuant to Titles 50,51,and 82 RCW;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(CONTRACTOR) URE •ONSTR/J6', 2 2)25 /2025 Principal Signature �POR • te Surety Signature Date MCA Cer v14-a :i Holli Lagerquist Printed Name _Q: SEAL •• _ Printed Name �resieik Attorney-in-Fact Title . ,4 ,.' h Title -,sMING - Name,address,and telephone of local'office/agent of Surety Company is: Propel Insurance 1201 Pacific Ave., Suite 1000, Tacoma, WA 98402 253-759-2200 City of Spokane Valley c-t Contract Documents Pines Rd BNSF Grade Separation 1 Client#:142662 ACTICONS3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)08/26/2025 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER VIVI Anna Reid Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A/C,No,Ext): Nvc,No): 1201 Pacific Avenue;Suite 1000 EMAIL ADDRESS: anna.reid�p,©Prope Ilnsurance.com COM Construction INSURER(S)AFFORDING COVERAGE NAIC C Tacoma,WA 98402-4321 INSURER A:Valley Forge Insurance Company 20508 INSURED INSURER B:Continental Insurance Company 35289 Active Construction Inc INSURER C The Hanover Insurance Company 22292 PO Box 430 20478 INSURER o:National Fire Ins Co of Hartford Puyallup,WA 98371-0162 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 EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY 5093447379 06/15/2025 06/15/2026 EACH $1,000,000 CLAIMS-MADE X OCCUR PREM EFFNTED rence) $500,000 X PD Ded:5,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X IJMT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 5093447351 06/15/2025 06/15/2026 E eISINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ — OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ B UMBRELLA IIAB _ OCCUR 5093447365 06/15/2025 06/15/2026 EACH OCCURRENCE $9,000,000 X EXCESS LIAR X CLAIMS-MADE AGGREGATE $9,000,000 DED I X RETENTION$10000 $ A WORKERS COMPENSATION 5093447379 06/15/2025 06/15/2026, MUTE X I ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY/N WA Stop Gap ONLY E.L EACH ACCIDENT S1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000 C Installation Fltr RH2J04401103 06/15/2025 06/15/2026 $1,500,000 Limit $2,500 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re: ACI Job#25-038 -Pines Rd BNSF Grade Separation City of Spokane Valley, its officers,elected officials,employees, agents, and volunteers are included as Additional Insured as required by written contract, as set forth in the attached form(s)and/or endorsement(s). CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 E Sprague Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE �,�., • 1y I ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7507309/M7507233 AMR00