HomeMy WebLinkAbout25-131.00ColvilleConstructionCompanySullivanParkWaterlineCIP#0328City Clerk
City of Spokane Valley
10210 East Sprague
Spokane Valley, WA 99206
SPACE ABOVE FOR RECORDING ONLY
Document Title: Non -Exclusive License Agreement
Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee: Colville Construction Company, Inc.
572 Old Arden Highway
Colville, WA 99114
Legal Description: PTN GL IN SE 1/4 11-25-44 EWM
Assessor's Tax
Parcel Number: 45114.9009
NON-EXCLUSIVE LICENSE AGREEMENT
The City of Spokane Valley ("City") hereby grants to Colville Construction Company, Inc.
("Colville Construction"), a non-exclusive License to use the City property ("Premises") described
in SECTION 1, below. The parties agree that this Non -Exclusive License Agreement
("Agreement") is supported by sufficient consideration and is in furtherance of that separate
agreement between the parties bearing Contract No. 25-085, a full and complete copy of which is
attached hereto as Exhibit 1.
SECTION 1 — DESCRIPTION
The Premises subject to this License is that area outlined in red on Exhibit 2 of the
following real property located in Spokane County, Washington:
PARCEL 45144.9009 (PER RECORD OF SURVEY FILED IN BOOK 138, PAGES 50-51)
Pa ae 1 of 6
THAT PORTION OF GOVERNMENT LOT 8. SECTION 11. TOWNSHIP 25 NORTH, RANGE 44
EAST OF THE WILLAMETTE MERIDIAN, LYING SOUTH OF A LINE DRAWN PARALLEL
WITH AND 200 FEET DISTANT SOUTHERLY, WHEN MEASURED AT RIGHT ANGLES, FROM
THE SOUTHERLY SPOKANE INTERNATIONAL RAILWAY RIGHT OF WAY LINE AND NORTH
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION FROM WHICH POINT THE
SOUTHEAST CORNER OF SECTION 1 I BEARS SOUTH 004T EAST 925.08 FEET DISTANT;
THENCE NORTH 55050' WEST 952.90 FEET; THENCE NORTH 77039' WEST 135 FEET; THENCE
NORTH 3035' WEST 205 FEET; THENCE NORTH 72010' WEST 330 FEET; THENCE NORTH 76057'
WEST TO A POINT OF INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 8;
EXCEPT ANY PART THEREOF LYING WITHIN THE EAST 100 FEET OF THE NORTH 575 FEET
OF GOVERNMENT LOT 8;
AND EXCEPT ANY PORTION LYING WITHIN SULLIVAN ROAD;
AND EXCEPT THAT PORTION CONVEYED TO SPOKANE COUNTY BY QUIT CLAIM DEED
RECORDED UNDER AUDITOR'S FILE NO. 540316B, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11; THENCE NORTH 0047'
WEST 925.08 FEET ALONG THE EAST LINE OF SECTION 11; THENCE NORTH 551150' WEST
36.60 FEET TO THE WESTERLY RIGHT OF WAY LINE SULLIVAN ROAD AND THE TRUE
POINT OF BEGINNING;
THENCE NORTH 55050' WEST 916.30 FEET; THENCE NORTH 8901 T EAST 751.04 FEET TO THE
WESTERLY RIGHT OF WAY LINE SULLIVAN ROAD; THENCE SOUTH 0047' EAST 524.91 FEET
ALONG THE WESTERLY RIGHT OF WAY LINE SULLIVAN ROAD TO THE TRUE POINT OF
BEGINNING;
AND EXCEPT THAT PORTION CONVEYED TO SPOKANE COUNTY BY QUIT CLAIM DEED
RECORDED UNDER AUDITOR'S FILE NO. 728210B, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 11; THENCE NORTH 0147'
WEST A DISTANCE OF 1520.96 FEET ALONG THE EAST LINE OF SAID SECTION 11; THENCE
SOUTH 8901T WEST A DISTANCE OF 30 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE SULLIVAN ROAD AND THE TRUE POINT OF BEGINNING;THENCE NORTH 69153.5'
WEST A DISTANCE OF 321.12 FEET; THENCE SOUTH 0047' EAST A DISTANCE OF 164.51
FEET; THENCE NORTH 890I T EAST A DISTANCE OF 300 FEET TO A POINT ON THE
WESTERLY RIGHT OF WAY LINE SULLIVAN ROAD; THENCE NORTHERLY ALONG SAID
RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING;
AND ALSO EXCEPT THAT PORTION CONVEYED TO THE UNION PACIFIC RAILROAD
COMPANY BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO.9112310430,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID GOVERNMENT LOT 8
AND A LINE DRAWN PARALLEL WITH AND 200 FEET SOUTHEASTERLY WHEN MEASURED
AT RIGHT ANGLES AND/OR RADIALLY, FROM THE SOUTHEASTERLY RIGHT OF WAY LINE
OF THE SPOKANE INTERNATIONAL RAILWAY; THENCE NORTH 74053' EAST ALONG SAID
PARALLEL LINE A DISTANCE OF 1275.71 FEET; THENCE SOUTH 0004T EAST A DISTANCE
OF 326.53 FEET; THENCE NORTH 89013' EAST A DISTANCE OF 70.0 FEET, MORE OR LESS, TO
A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SULLIVAN ROAD, WHICH POINT IS
30.0 FEET WESTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF
SAID SECTION 11; THENCE SOUTH 00047' EAST ALONG SAID WESTERLY RIGHT OF WAY
LINE A DISTANCE OF 193.47 FEET; THENCE SOUTH 89°13' EAST A DISTANCE OF 130.0 FEET,
THENCE NORTH 00047' WEST A DISTANCE OF 380.81 FEET; THENCE SOUTH 74053' WEST A
DISTANCE OF 1213.78 FEET, MORE OR LESS TO THE SAID WEST LINE OF SAID
GOVERNMENT LOT 8; THENCE NORTH 00054' WEST ALONG SAID WEST LINE TO POINT OF
BEGINNING;
SITUATED IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
Pa p,e 2 of 6
Exhibit 2 is attached hereto and incorporated by reference herein.
SECTION 2 — PURPOSE AND SCOPE OF LICENSE
The City hereby grants to Colville Construction a License to use the Premises for storing
equipment and materials being used in performance of the work identified in Exhibit 1. This
License is temporary and limited to the aforementioned scope of use. Other than the uses identified
above, no other uses are permitted under this License.
SECTION 3 - TERM
8th
M� This Lice e shall commence on September }3; 2025; and shall run until the earlier of
ovem er
either 6rt�cr-3-1, 2025, or when the work identified in Exhibit 1 has been substantially
completed.
SECTION 4 - CONDITIONS
A. Colville Construction shall only utilize the Premises for the purpose identified in
Section 2 hereof In no event shall Colville Construction expand the purpose, nature or scope of
this License without prior written approval of the City.
B. Colville Construction shall be solely responsible for all (1) operations on the Premises,
(2) materials, equipment and other items Colville Construction allows on the Premises, and (3)
ongoing maintenance and repair of the Premises necessitated by Colville Construction's use
thereof.
C. Colville Construction shall use the Premises in a manner that does not violate any
applicable laws and regulations of any state, federal, or municipal entity.
D. Colville Construction shall keep the gate between the parking lot and the remote -control
car track locked at all times other than when Colville Construction is actively engaged in
construction activities in furtherance of the work identified in Exhibit 1. When the contractor
unlocks the gate for construction activities, the Contractor shall limit the traffic passing through
the gate to construction personnel. Colville Construction shall be responsible for ensuring the gate
is locked when not in use.
E. Upon expiration of the Term identified in Section 3, or termination as set forth in
Section 8, then Colville Construction shall (1) cease any and all use of the Premises by it or its
subcontractors, (2) cause all of its property and property of its subcontractors, including but not
limited to all materials and equipment to be removed from the Premises, and (3) cause the Premises
to be restored to its original condition. Said removal and restoration shall be completed within 30
days after the License expires or is terminated and the cost thereof, as between the parties to this
Agreement, shall be at Colville Construction's sole expense. To demonstrate compliance with its
restoration obligations identified herein, Colville Construction shall take photographs of the
Premises before and after the Term identified in Section 3 and provide said photographs to the
City.
Noel of6
F. In using the Premises, Colville Construction shall comply with provision 1-07.16(1) of
the special provisions which is incorporated herein by reference. Such compliance requires, among
other things, Colville Construction to protect private or public property on or in the vicinity of the
Work site. If the Colville Construction (or any of its agents or employees) damage, destroy or
interfere with the use of such property, then Colville Construction shall restore it to its original
condition. The Contractor shall also halt all interference with the property's use. If the Colville
Construction refuses or does not respond immediately, the City may have such property restored
by other means and subtract the cost from money that will be or is due to Colville Construction.
G. While this License is in effect, Colville Construction shall be solely responsible for
keeping the Premises in a safe condition for all persons and workers thereon. The City is only
interested in the work identified in Exhibit 1 being completed in conformance with the project
specifications and has no interest in the means employed by Colville Construction to complete
said work, including Colville Construction's use of the Premises for the purpose identified herein.
SECTION 5 — LIABILITY AND INDEMNIFICATION
Colville Construction 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 activities or operations performed by
Colville Construction or on its behalf out of issuance of this License, except for injuries and
damages caused by the sole negligence or willful misconduct of the City.
Should a court of competent jurisdiction determine that RCW 4.24.115 applies to this
License, then Colville Construction agrees to defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless to the maximum extent permitted thereunder. It is
further specifically and expressly understood that the indemnification provided herein constitutes
Colville Construction'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 License.
SECTION 6 — INSURANCE
Colville Construction shall procure and maintain for the duration of the License, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with operations or activities performed by or on Colville Construction's behalf with the issuance
of this License. Colville Construction's maintenance of insurance as required by this License shall
not be construed to limit the liability of Colville Construction to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
Colville Construction shall obtain insurance of the types and coverage described below:
Commercial General Liability insurance shall be at least as broad as Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover liability arising from operations and stop -gap
liability. 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 Colville
Construction's Commercial General Liability insurance policy using ISO Additional Insured -
Page 4 of 6
State or Political Subdivisions -Permits CG 2012 or a substitute endorsement providing at least
as broad coverage.
Minimum Amounts of Insurance
Colville Construction shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no less than $2,000,000
each occurrence, and a $2,000,000 for general aggregate limit.
Colville Construction's Commercial General Liability insurance policy or policies are to
contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of
Colville Construction's insurance and shall not contribute with it. Colville Construction shall
furnish the City with original certificates and a copy of the amendatory endorsements, including
the additional insured endorsement, evidencing the insurance requirements of Colville
Construction before issuance of the License. Colville Construction shall provide the City with
written notice of any policy cancellation, within two business days of their receipt of such notice.
If Colville Construction maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by Colville Construction, irrespective of whether such limits maintained by
Colville Construction are greater than those required by this License or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by Colville
Construction.
SECTION 7 — MODIFICATION
No modification of this License may be made without prior written approval of the City.
Upon such an event, Colville Construction shall be given reasonable notice of the modification
and a reasonable time to comply with the new terms and/or provide the City with written notice of
termination pursuant to SECTION 8, below.
SECTION 8 — TERMINATION
Except as otherwise provided herein, the Parties may agree to terminate this License upon
mutually agreeable terms. The City may terminate this License upon at least 30 days advance
notice, unless emergency conditions exist which require immediate termination.
DATED this Z 5-1,14 day of September, 2025.
GRANTOR:
ATTEST:
City of Spokane Valley
MarciPatterson, City Clerk
ohn Hohman, City Manager
Page 5 of 6
GRANTEE:
ACCEPTANCE OF LICENSE AGREEMENT
Colville Construction Company, Inc.
Signature
By:Gt l Ql�x1lSlLp''
V,I . t me*l0 - 0-0 TYV -.
Titl and d entity signing on behalf of
Pace 6 of 6
!�:�aic3M
Contract
This agreement is entered into this_ day of Mt , 2025, between the City of Spokane
Valley ("City") and <Colville Construction Company, Inc.> ("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:
Sulli%,an Park Waterline, CIP No. 328 Contract 25-085
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. 328, 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. 328, including the WSDOT Standard Plans and City Standard Plans
identified therein, Performance and Payment Bonds (attached hereto as Exhibits A
and B respectively), Retainage Bond, 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-1 Contract Forms
Sullivan Park Waterline
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 $1,250,712.00, plus applicable sales
tax.
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 _tOr ► 2 , 2025.
Date
O'Ocl, k-jLy-
Printed Nanle
Qrca t �t
Title
Signatu
City of Spokane Valley
V� t{ A f�6
Printed Name
City of Spokane Valley C-2 Contract Forms
Sullivan Park Waterline
ct r nt �`
Sfiokane
,;o0 Val ley
EXHIBIT A
BOND NO: 30225791
CONTRACTOR'S PERFORMANCE BOND
to City of Spokane Valley, Washington
The City of Spokane Valley, Spokane County, Washington, has awarded to Colville Construction Company, Inc. (Contractor),
as Principal, a contract for the construction of the project designated as Sullivan Park Waterline, Project No. 0328 in Spokane
Valley, Washington, and said Principal is required under the terns of the Contract to furnish a performance bond in accordance
with chapter 39.08 Revised Code of Washington (RC11N�.
The Principal, and Western Surety Company (Surety), a corporation,
organized under the laws of South Dakota 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$1,250,712.00 total Contract amount (plus 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 faithftully perfonn all of the Principal's obligations under the Contract and fulfill all the terns 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 terns 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)
1 2sa 2. S
Princ' a Signature Date
Cody Baker
Printed Name
President
Title
SU T
Surety Signature Date
Fran E Jenne
Printed Name
Attorney -in -fact, Surety
Title
Name, address, and telephone of local office/agent of Surety Company is:
Hub International Northwest, PO Box 3144, Spokane WA 99220, Fran Jenne, 509-935-8660
Iti % kA 2.913
City of Spokane Valley C-3 Contract Forms
Sullivan Park Waterline
Western Surety Company
PONVER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Knorr All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duty organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Fran E Jenne, Eliza Alby, Individually
of Chewelah, WA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 15th day of June, 2021.
WESTERN SURETY COMPANY
�4pt,Ptl/�t\te
�rN
aul T. Bmflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 15th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly swont, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation,
f\\\\\\N\\\\\\\\\\\\\\\\!
My commission expires M. BENT
MMAMrunic
March 2, 2026 SO..���Eo1fril 4'�°U� r
M. Bent, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hcreinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. in testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 28' day of April, 2025.
WESTERN SURETY COMPANY
TN
L. Nelson, Assistant Secretary
Four F4280-7-2012
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, If you want to verify bond authenticity.
Authorizing By -Lays
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President. Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers ofAttomeyor other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
S° ,OF
,;oOValley-
EXHIBIT B
BOND NO: 30225791
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 Cohille Construction Company, Inc. (Contractor),
as Principal, a contract for the construction of the project designated as Sullivan Park Waterline, Project No. 0328 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 Western Surety Company (Surety), a corporation
organized under the laws Snl lth naknta 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 $1,250,712.00 total Contract amount (plus 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 indenini y 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 terns 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)
Principa Signature Date Surety Signature Date
Cody Baker
Printed Name
President
Title
Fran E Jenne
Printed Name
Attorney -in -fact, Surety
Title
Name, address, and telephone of local office/agent of Surety Company is:
Hub International Northwest, PO Box 3144, Spokane WA 99220, Fran Jenne, 509-935-8660
Re%i�,!d 2 9 23
City of Spokane Valley Gil Contract Fomis
Sullivan Park Waterline
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Fran E Jenne, Eliza Alby, Individually
ofChewelah, WA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 15th day of June, 2021.
SVREry WESTERN SURETY COMPANY
�ap0Rt%��
0 aul T. Bruflat, Vice President
State of South Dakota I
ss
County of Minnehaha
On this I Sth day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it w-as so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
........................\
My commission expires M. BENT
,March 2, 2026� °Ax "0T
M. Bent, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomcy hercinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seat of the said corporation this 28'" day of April, 2025.
R`rre WESTERN SURETY COMPANY
]'p Or�yeR
Form F4280-7.2012 Of • L. Nelson, Assistant Secretary
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, If you want to verify bond authenticity.
Authorizing By -Lain
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall linve authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and die corporate seal may be printed by facsimile.
Bond No. 30225792 _
BOND IN LIEU OF RETAINAGE
KNOW ALL MEN BY THESE PRESENTS, That we, Colville Construction Company Inc
as principal and Western Surety Compnay , as Surety, are held and firmly bound
unto City of Spokane Valley as Obligee, in the
sum of sixty two thousand, five hundred thirty five&60/100 ($ 62,535.60 ),lawful
money of the United States of America, to the payment of which, well and truly to be paid, we bind ourselves, our heirs, executors
and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, on April 23 2025
the Principal and Obligee entered into a contract for the
construction of the Sullivan Park Waterline
WHEREAS, obligee has elected to withhold from funds due or about or to become due the Principal such sum as is
necessary to protect itself from claim or claims unless Principal furnishes a Surety Bond guaranteeing to hold Obligee harmless
from all loss it may suffer by reason of its releasing retainage to the Principal.
NOW, THEREFORE, if the Principal shall indemnify the Obligee from all loss which Obligee may suffer by virtue of release
of retainage to Principal, then this obligation to be null and void, otherwise to be in full force and effect.
PROVIDED, HOWEVER: It is expressly understood and agreed that:
Any suit or action hereunder must be brought within 90 days of the date a proper court has rendered its decision on the
validity and enforceability of the claim.
2. The laws of the State of Washington shall be applicable in the determination of the
rights and obligations of the parties hereunder.
3. No right of action shall accrue upon or by reason hereof to, or for the use or benefit of anyone other than the Obligee
herein named.
IN WITNESS WHEREOF, said Principal and Surety have hereunto set their hands and seals this 28 th
day of April 1 2025 .
Colville Construction Company Inc
572 Old Arden Hwy
Colville WA 99114
Principal
BY:
Cxi4 i kstr, R eskclgnt
Western Surety Company
�� Surety
BY: 7�-�-2 t � �-
Attorney -in -Fact
Surety Phone No. 206-587-2089
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by vinuc of the signature and seal herein affixed hereby make,
constitute and appoint
Fran E Jenne, Eliza A1by, Indhidually
of Chewelah, WA, its true and lawful Atlomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 15th day of Ame, 2021.
�,wttno WESTERN SURETY COMPANY
aul T. Brufiat, Vice President
State of South Dakota
ss
County of Minnehaha
On this I Sth day of Jute, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly sNrom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it Aw so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
.......M. BEISl........
My commission expires 19NOUTH
M. BENTap" pol
March 2, 2026 wrtocAmdjat/
M. Bent, Notary Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Potter of Attorney hercinabove set forth is still in force,
and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 28' day of April, 2025.
WESTERN SURETY COMPANY
arA� •
f4'a'+r o>•K��
Form F4280-7-2012 • L. Nelson, Assistant Secretary
Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
I