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10-061.00 Wm. Winkler Co: CDBG Sidewalk Improvementsf Contract THIS AGREEMENT, made and entered into this 14th day of May , 20 between the STATE OF WASHINGTON, acting through the City of Spokane Valley under and by virtue of Title 35 RCW, as amended and W m U7uM1klev CD' Hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: CDBG Sidewalk Improvement Project SVPW Contract # 10 -016 In accordance with and as described in the attached plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, 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 of Spokane Valley. II. The City of Spokane Valley 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 attached plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached 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. 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. e ' D(o -q0i City of Spokane Valley 10 Agreement for Construction Services CDBG Sidewalk Improvement Project Bid No: 10 -016 f - ! IV. It is further provided that no liability shall attach to the City of Spokane Valley by reason of entering onto this contract, except as provided herein. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the City of Spokane Valley has caused this instrument to be executed by and in the name of the said City of Spokane Valley the day and year first above written. Executed by Contractor 5 -14 ' 2010. Date Brian J. Winkler Printed Name President Title ature City of Spokane Valley d ike �lc lkc a y PrintegNe Title Sign City of Spokane Valley 11 Agreement for Construction Services CDBG Sidewalk Improvement Project Bid No: 10 -016 BID TABULATION CDBG Sidewalk Improvement project Project CIP No. 0127 BID OPENING DATE - April 29, 2010, 10:00 A.M. S#616ane fley 400 00 ' Dishman-Mica Additive Alternate AbDIDVE 'AUIEP No. Engineer's Estimate Win. Winkler Co. Cameron•Reilly, LLC NUMBER ITEM VU R Unit QUANTITY TOTAL Unit Price r" Total Cost Unit Price Total Cost Unit Price Total Cost 7 I MOBILIZAT LS 1 $8.760,00 $8,760.00 $6'000.001 S6,000.00 5 52,652.00 2 CONSTRUCTION SURVEYING LS $13.50, 53.000.00 $3,000.00 51,750.00 $1,750.00 $500.00 $500-00 3 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $1.000.00, $1,000.00 $3,160.00 $3,160.00 $5,525.00 55,525.00 4 EROSION CONTROL LS 1 $250.00 S250.00 $276.00 $275,00 152;g1!K4- $500.00 5 REMOVE PCC CURB LF 705 S10.00 $7,050.00 $8.03 _$5 640L00 CEMENT CONCRETE TRAFFIC CURB AND GUTTER $3,525.00 6 REMOVE PCC SIDEWALK AND DRIVEWAY BY 345 $15.00 $5,175.00 S13.50 $4 $1000 $3450. 7 CRUSHED SURFACING TOP COURSE TON 166 S21.00 $3,465.00 525.00 $4 .12500 S40.001 1 $6,60ox 0 8 HMA PAVEMENT PATCH, 2 IN. DEPTH SY 15 531.00 $465b00 S55b00 $825.00 $50.001 $750.00 9 HMA PAVEMENT PATCH. 6 IN. DEPTH SY 135 $93.00 $12,555.00 $55.00 $7.425.00 $20.001 $2,700.0 10 CEMENT CONCRETE TRAFFIC CURB LF 330 $22.00 _$7 260.00 $20.00 $6,600.00 $20.00 $6,60000 11 CEMENT CONCRETE TRAFFIC CURB AND GUTTER $704.00 316 $22.00 $6,930,00 $25.00. $7,875.00 $20b00 S6,30000 12 CEMENT CONC. PEDESTRIAN CURB LF 450 $25.00 $11,250.00 $20.00 $9.000-00 $14.00 $6,300,C0 13 CEMENT CONC. SIDEWALK BY 45 540.00 S1,800.00 $30.00 $1.350-00 $40,00 $1,800.0 14 CEMENT CONC. SIDEWALK RAMP, TYPE 2 EA 19 $760.00 S14 250.00 $250.00 $4,750.00 $1,678.00 $29.982.00 15 CEMENT CONIC. SIDEWALK RAMP, TYPE 3B EA 2 $760.00 $11500= $250.00 $500.00 $1,000.00 $2,000.00 16 CEMENT CONC. SIDEWALK RAMP, TYPE 4A EA 2 $750,00 51.500.00 $250.00 5500.00 $1,000.00 $2,000.00 17 SOD INSTALLATION SY 60 520.00 $1,200.00 $17.00 $1,020.00 520.001 $1,200X0 18 SEEDING, FERTILIZING AN LCHING SY 25 $20.00 $500.00 $8.00 $200.00 $20.00 $500.00 19 BARK MULCH OR WASHED RIVER ROCK SY 15 $20,00 $300.00 $20.00 $300,00 S20.00 $300,00 20 IJUNCTION BOX. TYPE 2 EA 5 $500.00 52,500.00 $275 $1,375.00 $550.00 $2,760.00 21 RAMP DETECTABLE WARNING RETROFIT SF 126 $44.00 $5.632.00 $22.00 $2,816.00 $40= $5,120.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 S0.00 $0.00 - $000 $0,00 $0.00 $0.00 $000 OWN $0.00 Sa00 50.00 $9.00 $0.00 $0.00 $0.00 $0.00 $aoo $0.00 - - $0.00 -------- $0.00. so $0.00 77 $0.00 swo $0.00 0.0 $0,00 Dishman-Mica Additive Alternate AbDIDVE 'AUIEP No. '77 77 N '7 Bid Item Qty Unit Unit 22 1 st cost At "Yv UraPdce ilf'Co Cost a , area Unit Price Est. Cost 5 REMOVE PCC CURB LF 105 0-00 $1 05000 $8.00 $840.00 $5,00 $52&00 REMOVE PCC SIDEWALK AND DRIVEWAY SY 60 $13.50, $810.00 $10.00 $600.00 7 CRUSHED SURFACING TOP COURSE TON 35 $21.001 $735.00 $25.00 5875,00 S4100 $1,400.00 8 HMA PAVEMENT PATCH IN DEPTH BY 10 $31.00 $310.00 $5 5550.00 $50.00 5500,00 9 HMA PAVEMENT PATCH, 61N. DEPTH Sy 30 $93.00 52.790.00 $55.00 $1,650.00 $20.00 $500,00 I CEMENT CONCRETE TRAFFIC CURB AND GUTTER LF 105 $22.00 $2,310.00 $25.00 $2,625.00 $20.00 $2,100.00 12 CEMENT CONC. PEDESTRIAN CURB LF 70 $25.00 $1,750.00 $20.00 S1.400.00 514.05 $980.00 CEMENT CONC. SIDEWALK SY 15 $40.66 $600.00 $30.00 $450.00 54100 $600.00 11 Item 4 CEMENT CONC. SIDEWALK RAMP, TYPE 2 EA 3 $750.00 $2.250.00 $250.00 $750.00 $1,70100 $5.100.00 18 SEEDING, FERTILIZING AND MULCHING BY 15 $20.00 $300,00 $250.00 $3.750.00 530,00 $450.00 21 RAMP DETECTABLE WARNING RETROFIT 8F 16 $44.00 $704.00 $22,00 $352.00 $50.00 S800.00 A, 7777'7 .14M6X90 I# BOND NO: 6668711 CONTRACTOR'S PERFORMANCE AND PAYMENT BOND TO DUAL OBLIGEES KNOW ALL MEN BYTHESEPRESENTS,that Wm. ldinkler Company (Contractor), as Principal, and First National Insurance Company of Ameri aonding Company), as Surety, a corporation of Washington , whose principal office is located at Liberty Lake, Washington are firmly bound unto the State of Washington and the City of Spokane Valley, a political subdivision the State of Washington, as Obligees, to fulfill the obligations of the Principal and the Surety under the Contract to which reference is hereafter made, in the amount of $ 8 4 19 5. S 0 (including Washington State sales tax) for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal has by written Proposal dated April 29 , 2010 offered to enter into a Contract with the City of Spokane Valley for Contract No. 10 -016 pursuant to the terms and conditions set forth in the Contract Documents dated 5-14 -201 NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform all the provisions of the Contract on its part, and pay all laborers, mechanics, subcontractors and material suppliers, and all persons who supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and indemnify and hold harmless the Obligees from all loss, cost or damage which it may suffer by reason ofthe failure to do any of the foregoing, then this obligation shall be null and void; otherwise it shall remain in full force and effect. All persons who have famished labor, materials or supplies for use in and about the work provided for in the Contract shall have a direct right of action under this bond, to the extent and in the manner set forth in RCW 39,08. The said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contractor to the WORK or to the SPECIFICATIONS. No final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED EALED THIS 17 th DAY OF F st Nationa Insurance Com any S y ot e ca t Si atwe .William H. Davis Typed Name A ttorney in Fact Title May YEAR 20-1 o . Wm- Winlrlpr CnmpamW de PRIN AL Signature Typed ame '. President Title (SEAL) City of Spokane Valley 12 Agreement for Construction Servicos CD13G Sidewalk Improvement Project Bid No: 10-016 First National Insurance Company of America Liberty POWER 1001 4th Avenue mutudi, OF ATTORNEY suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 2195 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint * * ** * * * * *** * *** * * ** *THOMAS V. A. DAVIS; WILLIAM H. DAVIS; Spokane, Washington * * * * * * * * * * * * * * * * * * * * * * * * * ** its true and lawful attomey(syin -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents P, X* a,k y1 this 21 st day of March 2009 Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of Its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (11) A copy of the power -of- attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg , Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of ___ May 1 20 PIX* R.k Dexter R. Legg, Secretary 5- 1049/DF 3/09 WEB PDF ��o� CERTIFICATE OF LIABILITY INSURANCE OPI D 1 DA TE 7 PRODUCER THIS CERTIFICATE IS ISSU AS A MA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States Ins. - Spokane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 501 N Riverpoint Blvd, Ste 403 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Spokane WA 99202 -1649 Phone:509- 838 -3501 Fax:509 -838 -3511 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Charter Oak Fire Inaurence Co INSURER : .Travelers Indemnity of America W.M. Winkler Company 1822 E. Fairview INSURER D: Spokane WA 99207 ^ 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRE TYPE OF INSURANCE POUCY NUMBER DATfi(MMJDMr TIVE DATE MM1D GENERAL LU>MUTY LIMITS EACH OCCURRENCE s 1,000,000 A X X COMMERCIAL GENERAL LIABILITY DTC08020P992COF10 04/01/10 04/01/11 PREMISES ( Ea occurence s300,000 CLAIMS MADE X] OCCUR MED EXP (Any one person) $ 5 5,000 X Employer L PERSONAL & ADV INJURY S1,000,000 GENERAL AGGREGATE S 2 , 000 000 GENLAGGREGATE LIMIT APPLIES PER: PRODL)CTS- COMPlOPAGG 52,000,000 PaICY Fx PEo LOC Emp Liab 1,000,000 B X AUTOMOBILELIAWLITY X ANY AUTO DT8108020P992TIA10 04/01/10 04/10/11 COMBINED SINGLE LIMIT (Eaacddenq $1,000,000 BODP_YINJURY (Per person) $ ALL OWNED AUTOS SCHEDULED ALTOS BODILYINJURY (Peracddent) S X X HIREDAUTOS NON- OAFNEDAUfOS PROPERTY DAMAGE (Per eWdent) S GARAGE LIABILITY AUTO ONLY - EAACCIDENT S OTHFRTHAN FA ACC AUTO ONLY. AGG S ANY AUTO ' S EXCESSI UMBRELLA LIABILITY EACH OCCURRENCE $3,000 AGGREGATE s3 C X OCCUR I CLAIMSMADE DTSMCUPS020P992TIL1 04/01/10 04/01/11 S S _ $ R DEDUCTIBLE X RETENTI $10000 WORKERS COMPENSATION AND EMPLOYERS` LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIV —1 OFFICER/MEMBER EXCLUDED? L_f (Mandatory In NH) TORYUMTS ER E.L EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYE $ E.E.L. DISEASE - POLICY OMIT S It�es, descnbe unde S IAL PROVISIONS below r . EC OTHER DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley is added as additional insured per attached form as respects to: CDBG Sidewalk Improvement Project- Spokane Valley Capital Improvement Project No. 0127 SVPW Bid No. 10 -016 CERTIFICATE HOLDER UANUELLATIUN SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI01 CITYOFV DATE THEREOF, THE ISSUING INSURERWILL INOR40MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT; sU.FAl1sUREeTQSHA4L ND UPD"EIRSUREft TS9 6M9OR CITY OF SPOKANE VALLEY 11707 E SPRAGUE #106 reserved. The ACORD name and logo are registered marxs of AUUKU IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the is representative or producer, and the certificate holder, nor does it affirmati extend or alter the coverage afforded by the policies listed thereon. COMMERCIAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLICY. ?LEASE READ IT CAREFULLY 'BLANKET ADDITIONAL INSURED (CONTRACTORS) endorsement mod1fles 1psurance provided under the following: COMMERCIAL GENERAL LIABiLITY COVERAGFE PART JVHO 18 AN INSURED -- (Section 11) Is amended c) The insurance provided to the additional In- to include any person or prganization that you sured does not apply to "bodily injury'r or agree in a "written contract requiring Insurance" "property damage' caused by "ypur 'work" to include as an addltionai insured on this Cover- and included In the "products- completed op- age Part, but; orations hazard" uniess the "written contrapt requiring insurance" specifically requires you to provide soch coverage for that additional -4nsured, and then the insurance provided tb the additional 'Insured applies only to such "bodily injury° or "property damage" that or, ours before the end of the period of time for which the `written -contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whlchever is earlier. , 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other lnsurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, If the "written contract requiring Insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other Insurance ". But the Insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other In. surarnce", whether primary, excess, contingent or on any other basis, that Is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) Only with respect to liability for "bodily injury", _ .. "Property damage or "persanei ry"; and b) If,' and duly to the extent that, the Injury or damage Is caused by acts or omissions of you or your subcontractor in the performance. of ?your work" to vuhlch the "written contract requiring insurance" applies. The person or organization does not qualify as an additional Insured with respect to the independent acts or omissions of such person or organization. 2. The Insurance pmvlded to the additional insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance ", the In- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring In- surance". This endorsement shall not In- crease the limits of insurance described In Section III — Limits of insurance. b) The insurance provided to the additional in- sured does not apply to "bodily Injury", "prop- erty damage" or' "personal injury" arising out of Rhe rendering of, or failure to render, any professional architectural, engineering or sur� veying services, Including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and 11. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 0 a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: O gOD5 The St. Paul Travelers Companies, inc. Page 1 of 2 0 R� M � o� a� COMMERCIAL GENERAL LIA131LITY 1. How, when and where the "occurrence" or offense took place; iii. The names and addresses of any injured parsons and Witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) if a claim Is made or "suit" Is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received; and ii, Notify us as soon as practicable. The additional insured must see to It that we receive written notice of the claim or"sult" as soon as practicable. c} The additional Insured must immediately send us copies of.al( legal papers received in connection with the claim or "suit", cooperate with us In the investigation or settlement of the claim or defense against the "sulf ", and otherwise comply with all policy conditions. d) The additional Insured must tendpr the de- fense and Indemnity of any claim or "suit" to any provider of "other Insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insry ance provided to the additional insured by this endorsement is primary to "other Insur- ance" available to the additional insured which covers that person or organization as-a named Insured as described In paragraph 3. above. . S. The following definition is added to SECTION V. — DEPJNITION8: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this coverage Part, provided that the "bodily injury" and property damage" -ocr curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement Is in effect; and Tr, l;iefore the e n d of the policy period. Q nE aM a.. i Page 2 of t 0 P-a S The St. Paul Travelers Companies, Ina CG D2 46 U8 06 006043