06-080.00 Poe Asphalt Paving: Street RepairsAGREEMENT FOR CONSTRUCTION OR SERVICES
Poe Asphalt Paving, Inc.
06 -017
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City ofthe State of
Washington, hereinafter "City" and Poe Asphalt Paving, Inc. hereinafter "Contractor," jointly referred to as
"parties."
L\T CONTSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Rork to Be Performed. The Contractor shall do all work and furnish all labor, tools,
materials, supplies and equipment in accordance with, and as described in Exhibit 1 and 2 (Scope of Work) for
the Request for Bids for City of Spokane Valley Street Repair ( hereinafter "work "), and 2006 Standard
Specifications for Road, Bridge and Municipal Construction of the Washington State Department of
Transportation, which are by this reference incorporated herein and made part hereof ( "Contract Documents "),
and shall perform any changes in the work in accordance with Exhibit l and 2.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume
and be responsible for the cost and expense of all work required for constructing and completing the work and
related activities provided for in the Contract Plans and Contract Documents, except those items mentioned
therein to be furnished by the City of Spokane Valley.
The Cite Manager, or designee, shall administer and be the primary contact for Contractor. Prior to
commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to
review the scope of work, schedule, and time of completion. Upon notice from the City.. Contractor shall
promptly commence work, complete the same in a timely manner, and cure any failure in performance under
this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with the Contract.
.flans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans
and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of
the highest quality materials; so that all work performed shall be in compliance with current related industry
standards.
2. Term of Contrttct. This agreement shall be in full force and effect upon execution and shall
remain in effect until October 27, 2006.
The City may terminate this agreement by ten (10) days' written notice to the other party. In the event
of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date.
3. Compensation. The City agrees to pay the Contractor on a time and material basis as set
forth in the attached bid, at the unit prices estimated at $181,705.00, but to a maximum fee of 5200,000.00
as frill compensation for everything furnished and done under this agreement.
4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of
an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent
to the City Clerk at the below- stated address.
Agreement for Construction Services Page I of 5 1
C06 -R(1
The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or
City or State standards.
Notice. Notice shall be given in writing as follows:
TO THE CITY:
Name: Christine Bainbridge, City Clerk
Phone Number: (509) 921 -1000
Address: 11707 Fast Sprague Ave., Suite 106
Spokane Valley, WA 99206
TO THE CONTRACTOR:
Poe Asphalt Paving, Inc.
Name: Tracy Batterton, Project Manager
Phone Number: 208- 777 -0498
Address: 2732 N Beck Road
Post Falls, ID 83854
6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to
comply with all applicable Federal, State and local laws, and City ordinances and regulations.
7. Prevailint! Wages on Public Works. Unless otherwise required by law, if this contract is for
a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary
maintenance executed at the cost of the City," the following; provision applies:
This agreement provides for the construction of a public work and a payment of prevailing
wanes according to Washington law. All workers, laborers or mechanics shall be paid a
prevailing rate of wage that is set forth in an Exhibit to this agreement.
Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid"
before retained funds will be released to the Contractor. The affidavit must be certified by the
industrial statistician of the Department of Labor and industries.
8. Relationship of the Parties. It is hereby understood, agreed and declared that the Contractor
shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only
the results to be achieved, and that the right to control the particular manner, method and means of the work is
solely within the discretion of the Contractor. Any and all employees who provide services to the City under
this agreement steal I be deemed employees of the Contractor. The Contractor shall be solely responsible for the
conduct and actions of all employees under this agreement and any liability that rnay attach thereto.
9. Ownership of Documents. All drawings, plans, specifications, and other related documents
prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to R.CW` 42.56 or other applicable public record laws.
10. Records. The City or State Auditor or any of their representatives shall have full access to
and the right to examine during normal business hours all of the Contractor's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
11. Warrant,. Unless provided otherwise in the Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under this contract are free from defect or
Agreement for Construction Services Page 2 of 5
failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a
warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure
occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or
expense to the City.
12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded
by the State of Washington at all times this agreement is in effect.
13. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor; their agents, representatives, employees or
subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types
described below:
1. Automobile Liabili� insurance covering all owned, non - owned; hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00
O1 or a substitute form providing equivalent liability coverage. If necessary, the
policv shall be endorsed to provide contractual liability coverage.
2. Commercial General Liabilit , insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products- completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named as mi
insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO Additional insured endorsement
CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. it fininaum Amounts oflnsurance. Contractor shall maintain the following insurance
limits:
1. Automobile Liabilitv insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less that
$1,000,000 each occurrence, S2,000,000 general aggregate and a S2,000,000
products - completed operations aggregate limit.
Agreement for Construction Services Pagc 3 of 5
C. Other lmmrance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self insurance, or insurance pool coverage maintained by the
City shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
D. Acceptability oflnsurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:Vfl.
E. Verification of Coverage. Contractor shall furnish the City with original certificates
and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work.
14. Indemnification and Hold Harmless. The Contractor shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115.
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. it
is further specifically and expressly understood that. the indemnification provided herein constitutes the
Contractor's waiver of immunity under Industrial insurance. Title 51 RCW. solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of the agreement.
15. Waiver. No officer, employee, agent, or other individual acting on behalf ofeither party, has
the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded
in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this
agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way
be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part
thereof.
16. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the
responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent
of the other party.
17. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
Agreement for Construction Services Page 4 of 5
18. Arbitration. All disputes arising under this agreement shall be resolved through arbitration
pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of
Arbitration.
19. Entire Agreement. This written agreement constitutes the entire and complete agreement
between the parties, and supercedes any prior oral or written agreements. This agreement may not be changed,
modified, or altered, except in writing and signed by the parties hereto.
20. Anti - kickback No officer or employee of the City, having the power or duty to perform an
official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have
solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person
with an interest in this agreement.
21. Business. Registration. Prior to commencement of work, Contractor shall register with the
City as a business.
22. Severability. If any section, sentence, clause or phrase of this agreement should be held to
be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any
other section, sentence, clause or phrase of this agreement.
23. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Proposal for City of Spokane Valley Street Repair;
2. Scope of Services;
3. Bid Documents;
4. Performance and Payment Bond;
2. Insurance Certificates.
IN WITNES WHEREOF, the parties have executed this agreement this �' — day of
t_ f _ _'2006.
CITY OF SPOKANE VALLEY: CONTRACTO ( P 0--/kU T Pay ( A,
City Manager Owner U- _ 2
Tax I.D. No.: _ REDACTED
ATTEST: APPROVED AS TO FORM:
City Clerk Office o the City Attorney
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Agreement for ConstruCUron ora viuus Page 5 of 5
Bid Document
Exhibit #1: :Proposal for
City of Spokane Valley Street Repair
Proposal of (hereinafter called
( "BIDDER "), and existing under the laws of the State of
Doing business as
Valley, (hereinafter called the "Owner ").
i:or the City of Spokane
In compliance with Public Works from the Small Works Roster, BIDDER hereby
proposes to perform all work for Street Repair in strict accordance with the Contract
Documents, until such time that the work. is complete, not to exceed $200,000 (dollars),
and at the Hourly Rate stated in Exhibit 3, prices attached hereto and made a part hereof.
By submittal of this Bid, each MDER certifies, and the case of a joint laid, each party
thereto certifies as to its own organization that this Bid has been arrived at independently,
without consultation, communication or agreement as to any platter relating to this Bid
with any other B1llDER or with any competitor.
BIDDER hereby agrees to commence work under this contract on or before a date to be
specified in the NTOTTCE TO PROCEED and to fully complete the work on an as- needed
basis until such time that the .work is complete or that expenditures near, but do not
exceed $200,000 (dollars).
BIDDER agrees to perform all work described in the Contract :Documents for the Hourly
Rate and Materials by the `ronlhi place, shown in Exhibit # 3.
Respectfully submitted:
Signature
Title
License # (if applicable)
Seal: If by Corporation
Address
Date
Phone Number/Fax #
r
EXHIBIT 2.
Scope of Services for pavement replacement, repair and roadway
reconstruction.
Measurement and Payment
Costs for Time and Materials and Saw Cutting shall be proposed for the following bid
items and shall include all labor, material, skill, traffic control, transportation and
equipment necessary and/or incidental to construct and/or install the items complete and
in place, in operating condition and in accordance with the contract Documents and 2006
WSDOT Standard Plans and Specifications.
BID ITEM 41.:
The hourly Rate Bid provides full compensation for traffic control, mobilization,
excavating and disposal of 4" +/- of existing pavement, preparation for new pavement,
and placement and compaction of 4" +/- of Class 'I /z "- Mix, PG 64 -28 IIMA per WS.DOT
Standard Plans and Specifications 2006, and Spokane Regional Pavement Cut Policy, to
match existing pavement, by repairing potholes and problem areas identified by City
personnel. BIDDER must have the means to provide a small. paving crew that has the
capability of saw cutting, remove and replace asphalt areas of up to, but not limited to,
10' x 100'. (Approximate). Width and length of work areas will vary.
BiD ITEM 92:
Materials utilized (Base rock and A/C) wil] be documented for payment BY TI-113- TORT.
Any excavation of base: rock required for street repair because of Base failure, will be
documented in cubic yards. 131DD Ell will provide City Nvith weigh tickets for all Base
rock and I-AIA needed to repair City of Spokane Valley streets as directed by City
personnel. Payment to the Contractor will be made only for the actual quantities of work
performed and accepted in con.fonnance with the contract.
BID ITEM #3:
BIDDER: to provide estimate of fVC cost, by the ton, iTi place.
BID ITEM 44. BIDDER: to provide cost estimate, per lineal foot for saw cutting.
.,
SUMMARY/ TOTALS
ESTIMATED COSTS FOR BTD PURPOSES
EX.I3MBI T #3.
REM9
ITEM DESCRIPTION
UNITMIQUANTITY
PRIMUNIT
TOTAL AMOUNTS
1
PAVING & EXCAVATING CREW
160 HRS
2
5/8" BASE ROCK
200 TONS
3
Y2" A/C IN PLACE
850 TONS
4
SAW CUTTING
1000 L.F.
SUBTOTAL
PLUS 8.6%
OVA STATE SALES TAX
TOTAL r1IV.i.OU>\1T OF BID
INCLUDMIG3 TAX
FOR TIME AND MATERIALS BY
HOURLY RATE /TONS
M.ATERIAL, AND SAW CU1 -TfNG
BY LINTEAL FOOT.
08/31/2006 08:49 2087770499 POE ASPHALT PAVING PAGE 02
Bid Document
Exhibit #4: Proposal for
City of Spoka a Valley Street Repair
Proposal of Aspgp((1 ?All t n WC . (hereinafter called
and e' xistin undei the laws of tb& State of MSwq Cam%
Doing business as (NL . for the City of Spokaxte
Valley, (hereinafter,'. called e "G wner.").
In compliance with Public Wor froze the Small Works Roster, BIDDER hereby
proposes to perforni all work for ' )trect Repair in strict accordance with the Contract
Documents, until such time that tic work is complete, not to exceed $200,000 (dollars),
and at the Hourly Rate stated in - xhibit 3, prices attached hereto and ruade a part hereof.
By submittal of tbis Bid, each B DER certifies, and the case of a joi-nit Bid, each party
thereto certifies as to its own orat nization, that this Bid bas been arrived at independently,
«ithout cortsultatiob conanauniea ion or agreement as to any matter relating to this Bid
with anv other BI<DPER or with ly competitor.
MDER hereby agrees to commence work under this contract on or before a date to be
specified in the NOTICE TO PROCEED and to fu1.Iy complete the work` on an as- needed
basis until such timo , that the worl - is complete or that expenditures near, but do not
exceed 5200,000 (dbllars).
BIDDER agrees to perform all ,,A, zk described iu the Contract Documents for the Hourly
Rage and materials by the Ton/In lace, shown in Exhibit # 3.
bni.
Title
'Po e" Is P � -)3:3-3 ly M
License ## (if applicable)
Seal: If by Corpdration
& . P&IE �
0 3 N, fG ed
Address lq'� ! �G
Date
(900777-60tac> I'M� ro�9i
Phone Number/ Fax
C y+-,�j V t.e +Pnrn--�,i de<
08/31/2005 08:49
EMS.) IT 93.
2087770499
ESTEgA
POE ASPHALT PAVING
Y/ TOTALS
CS FOR DID PURPOSES
L• C]M =I&
ITr:mv
ITEM DESCRIPTION
UNITSJQUANTITY
PRICEIUNIT
TOTAL AMOUNTS
1
PAVING & EXCAVATING
CREW
160 HRS
o0
1
2
5/8" BASE RACK
200 TONS
�•b
1-7
00
r,v
�0 r
00
4215bo
3
Mt- A/C IN PLACE
850 TONS
�
ors
�U
4
SAW CUTTING
1000 L.F.
00
SUBTOTAL
PLUS 8.6%
N gU500
WA STATE SALES TAX
I
TOT•AT_, CAI OUST OF BID
iNCLUMNG TAX
FOR TRH E AND MATERIALS BY
HOUR RATE47ONS
[Olt 05
M,ATERIAT_, A,W SAW cUTTINc
BY UN -AL FOOT.
1
ACORD- CERTIFICATE OF LIP
PRD+7UCER -(509)758-5529 FAx (509) 758 -5,311
Stonebraker- McQuary Agency
616 5th St.
PO Box 9
Clarkston WA 99403,•
INSURED
Poe Asphalt Paving, Inc.
PO Box 449
Lewiston
TO 63501
I L ITY INSURANCE DATE (MaIrDDJYYYY)
6/7/2006
THIS ISSUED AS A
RIGHTS UPONRTHE INFORMATION
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CNA /Transcontinental Ins.
American Casualty Co.
Transportation Zn�.
State Insurance Fund
:OVERAGES
ABOVE FOR THE POLICY
PERIOD INDICATED. MOTTHSTANDING
Wi ANY
THE POLICIES OF INSURANCE LISTED BELOW HA VE SEEN ISSUED TO THE INSURED NAMED
RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN,
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS
AND CONDITIONS OF SUCH POLICIES.
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED
LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
AGGREGATE Policy EFFecmvE PoucY EXPIRATION
LIMITS
IPOLICY NUMBER DATE (MNUDDIM DATE MMfOWYY)
OF INSURANCE
1,000,000
EACtiOS;CURRENCE
S
31LITY
DAMAr -E TO RFNTED
S 100,000
• CIAL GENERAL LWBIUTY
PREMISES Ea o[xtmCt�
5,000
-1
!076605171 11/1/2005 11/1/2006
MEDEXP me n
s
AS MADE OCCUR
1,000,000
3
• aff Liability
PERSONAL b ADV iN1URY
2,000,000
GENERAL AGGREGATE
3
PRODUCTS • COMPIOP AGO
S 2,000,000
GATE LIMIT APPLIES PER
X l;CT I I LOC
AUTOM081lE LLA91lJTY
COaa1NED SINGLE LIMA'
I S —000,000
$
(Ea exlwig)
X ANY AUTO
2025'665448 11/1/2005 11/1/2006
30OILY
$
ALLOANEDAUTOS
IPA ; �-)
SCHEDULED AUTOS
X
BODILY INJURY
S
HIRED AUTOS
(Pet acrl:.,I
X NON -M-4eD AUTOS
PROPERTY DAMAGE
3
(Per seddeny
AUTO ONLY- EAACCILYNT
S
GARAGE UAB1UTY
OTHER THAN 'A ACC S
ANY AUTO
ALRD ONLY: AGO S
LLAASILITY
EXCESSrUh1BRE U
207556792
11/1/2005
11/1/2006
EACH OCCURRENJ�
S 4,000,001
C
AGGREGATE
S 4,000,001
X OCCUR E1 CLAIMSMADE
3
-
S
DEDUCTIBLE
X 5
RETENTIONS 10,000
10/1/2005 10/1/2006 w�STATU ont-
D WORKERS COMPENSATION AND 578551 TORY LIM�RS ER
EMPLOYERS' LIABILITY E.L EACH ! CC IDEN7 s 500,00
ANYPROPRL= TORIPARTNER4VE-CUTIYE 500,00
OFFICERaAeMUER EXCLUDED? INSD Ej.2PL Ola y -10 DAY NOC E.L. DISEASE - E4 EMPLOYE • $
If yes, das=lbe tmdW E.L DISEASE • POLIC.Y LIMY S 500,00
SPECIAL PROVISIONS Dolvv
11/1/2005 11/1/2006 lnstallatiof Floater $200,00
A OTHER Inland Marine 1078605171
• 1500 Deductible
DESCRIPTION OF OPERATON &,Loo- ATIONSNEMCLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
The City of Spokane Valley is additional insured (except on work Comp) as respects the Street Repair Services project
Insurance is Primary and 1:oncontributory.
CER'T'IFICATE HOLDER CANCELLATION
EFORE THE
City of Spokane valley
Carolyn George, Public Works Dept-
11707 E. Sprague Ave. Ste. 106
Spokane valley, WA 99206
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED U
EXPIRATION DATE THEREOF, THF, tSSUING INSURER V+ILL .rjNp �A'CT� t.1A11
30 DAYS WRITTEN NoncE TO THE CFRTIFCATE HOLDER NAMED TO THE LEFT, BU,
FAILURE TO DO SO SRAM IMPOSE NO ODUGATION OR LIAUILITY OF ANY KIND UPON THI
INSURER ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE _
Della AIIen1DELLA"
D ACORD CORPORA I IUN 1 ;
ACORD 25 (2001108)
INS025 (V1Ds),06 ANTS VIAP Mo :gays 5 Page
�luton , In . (B0?):27 -0St5
J
BOND NO: 6341828
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND 'TO DUAL OBLICM
KNOW ALL MEN BY THSSB PREtENi'S, that Poe Asphalt Paving, Inc.
(Contractor), as Principal, sad Safeco Insurance Company of America (Bonding Corw0y), as Surety,
a oorpore�oo of Washington , whose prI u#W office n located at
Safeco Plaza, Seattle, WA 98185 , art
firmly bound into the State of Wwhih&D and the ty of Spokane Valley, a political sobdi%ision the State of Washington, as
Obligors, m bdffl die obligatfoaa oft& Pri wipal send a Surety under the Contract to which refer- cc is hereafter ma3q i o the amount of
S 181, 905.00 --- ---- -- ( eluding Washington State roles trot) for peymcat whereof Principal and Surety
bind themselves, thefr heirs, aeaaors; administtatma, uccessors and assigns jointly and severally, firmly by time presarrts.
WFIUMAS, Principal bs by written pro 09/05106 of bred no eaW ium a Contract with the City of
Spobne Valley for Contract No. 06-019 p to the trams and conditions set fount It the Contract Doc wnsnts dried
0/05/06 —�-
NOW, 7 HEMORB, the cohditiort of this ob ' is such titer if the Principal shall faithfully perform all the ptwisiom of the
C utn4 an its part, and pay all labore h , tnedhanics, set and materW suppliers, and a)) penoas who supply such petma or
persaua or suboontra=n with ptevisidns and supplies the t�rtyirtg on of sack w* and indrmr* and hold haztnicm the Obligow
f r= all loss, cost or damage which it bay suffer by oa of the fnuiure to do any of the foregoing, then this obligation shall be aull and
void; otherwise it shall remain in full fdroe and dFea
All persons wbo have furnished tabor, matmi or supplies for use in and about the work provided for loo the Contract shall have a
direct tight of aC�iots under this bond, > the cxteat; ' the manner sat forth in RCN 39.08.
The said Surety for value received hereby and agrees tbd no chaW, erztemion of tine, alter�fon or addition to the
farms of the Caskaa or to the WORK m be perfornred ereunder or the SPECIFICATIONS acconq=ying the same shall in any way
affect its obligation on giis BOND, and it does hereby w ' notice of any such change, mctertsion of tire, aiterativn or addition to the
Mors of the Cast or to the WORK 6r to the SP CATIONS.
No Baal settlement between the OWNER and me CONTRACTOR shall. abridge the right of any beneficiary hereunder, whose
claim maybe uasatisBoa
SIGNED AND SEALEDTHIS 5th DAY OF Seettember. yEAR 2006
Safeco Insurance Company of America
SURETY
Signature
Della J. Allen
Typed Name
Attomey In Fact
Title
(SEAL)
Typed Name
t/! « 4:0y 1 "aY
POWER
OF ATTORNEY
KNOW ALL BY THESE PRESENTS'
Na.
323
Safeco Insumer:e C=Paniss
P4:1 Box 34526
SL.,Lme. WA 981241526
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL [N8UP_ NC€ COMPANY OF AMERICA, each a
1Nashingion wrp=bon. does each hereby appoint
DELLAJ. ALLEN; CHERYLA- ASHBY, JAMES Nt- HEwFrT, DON MCQUARY; PHIL STONES RAKER;
Oark5tmWashington
its true and lawful atWffwy(s)- jnrfa1;1, with FuR aukhority to eyeprte on its beh& WeWy ar4 st.voiy bonds or 4ndertakings and other
domments of zi Siffdlar diaratier issued in the course pf its bus rm6-n. and t4 bind the rc�spe+7tive Qurmparry thereby.
IN WFTNESS WHERJ=OF, SAFECD 1141SURANCE COMPANY OF AMERICA and GENERAL, INSURANCE COMPANY OF
AMERICA have each executed and attested thee& presents
this
27th C<tnber zoos
Clay Df
STEPHAUT n xr ry wxrCf'su SECRETARY FAIKE F7 =TEf�S E$�DEHT. $URETL
CERTIFICATE
Extract from the 6y -%Fvm of SAFECO INS1aRANCE COMPANY OF AMERICA
and of GENERAL IN$U RANCE COMPANY OF AMERICA!
'Article V. Ski 13. - FIDELITY AND SURETY BONDS the Pnesident, any Uoe President the Secretary, and any Ass�tant )A, e
President appointed for that purpase by the officer in c'harqe� of surety operations, sha0 each hive authorily to appoint individuals as
ahorreys{n -fact or under other appropriali! tioes wish authority to execute on Mhalf of the ooanpany fidelity and surety fronds and
other doQ=ents of yirRnar charactor issued by the company in the course Of ii.. bu 5bwrs. -- On any irau umerd making or evideming
such appointment, the signalures may tae affixed by facsimile. Ori any irrstrtarntersl cpnferring Bch authority or on any 4ond or
undertaking of fhe company, the seal, of a f• imde th80bf, moy tre &Wwres&a3d of affixed or in any Other manner rff%Dduoed;
provided, however, fhal the seal shag not 1:9 mcassury to the validity of any such irkstrurrteM or undertaking.'
Extract from a Rewlutlon of the Board of DiFOCIOM o 5, F CO INS URANCE COMPANY OF AMZFUCA
and of GENERAL I NSU FEANCE CompANY OF AMERICA adapted July 28, '6970.
"On any perti[icaU execvied t y the Sccret a ry or an assistant secmiary of the Company 5eWN out,
} the provisiDrLs of Article V, Section 13 of the By -Laws, and
A Copy of tha power -of- atiomey appointmeni, exemaed pursuanl Ihereta, and
{iii] Cerjjf* g that said power-0f -attorney appointment is in fuR forty and effect.
the slgnaWre Df tha certifying officer may be by tacsirrule, and the Meal of the Company may he' a [acsimlle thereof.'
I, gkppF nie delay a ar,' Secretary of SAFECO INSU RANCE COMPANY OF AMERICA and OF GENERAL INSURANCE
COMPANY O F AM ERICA, do hereby certify Ihai the foregoing exlracts of the Sy-I.aws and of a R&Wludon of the Board Of DirectDrs
of these carpavariorks, and of a Power of Attorney issued pursoani Iherem, era uuo ;wd mnreet and that bath the Uue REZ0140n
and tho Poorer ai Alta moy are SVI in full faros and offed.
1N 1MTNESS WKEREOF, I have hereunto Wt my hand an>i iffixed the fassimilC sQar of said cnrpora6an
13 1 day of +-w; 1a O
)ei E � SEAL � ,' 40-1 S
1
r STEPHANIE dAlJ�Y LlIA7SON, 5ECRETARY a6"
$.iii And tho swi bga a11� legisterm trademarks of Wpm D:rr �-on
wt:g PCF
3-4074MS W5