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06-092.00 Poe Asphalt Paving: Street Repair, Shouldering & Minor Ditch DefiningAGREENTENT FOR CONSTRUcrtoix OR SERVICES Poe Asphalt Paving, Inc. 06 -023 T'HJS AGREEi ' NT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Poe Asphalt Paving, Inc. hereinafter "Contractor," jointly referred to as "parties." ]IN CONSIDERA'fTON of the terms and conditions contained herein the parties agree as follows: I. 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 1 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 City 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 Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best etTorts, 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 Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2006. The City may terminate this agreement by ten (10) clays' 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 asset forth in the attached bid, at the rate per day of 53,741.08, but to a maximum fee of $100,000.00 as full compensation for everything furnished and done under this ageement. 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 Constriction Services Page 1 of 5 C06 -92 I 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. 5. Notice. Notice shall be given in writing as follows: TO THE C1'rY: TQ THE CONTRACTOR: Poe Asphalt Paving, Inc. 'Name: Christine Bainbridge, City Clerk Name: Tracy Batterton Phone Number: (509) 921 -1000 Phone Number: 208 - 777 -0498 Address: 11707 East Sprague Ave., Suite 106 Address: 2737 N. Beck Road Spokane Valley, WA 99206 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. Prevailing 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 wages 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 shall 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 may 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 RCW 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. it. Warranty. 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. Contractors 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 T abiii_ty insurance covering ail owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability 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 an 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. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability 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, $2,000,000 general aggregate and a $2 ;000,000 products- completed operations aggregate limit. Agreement for Construction Services Page 3 of 5 C. Other Insurance 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:V ..I. 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 4.24.1 12, 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 of either party, has the power, right, or authority to waive any of the conditions or provisions of this agreement. Nio 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, Washingl:on. Venue shall be in Spokane County, State of Washington. Agreement for Construction Services Pttge 4 of 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. City of Spokane Valley Request for Proposal Shouldering & Minor Ditch Defining; 2. Bid Documents; 3. Performance and Payment Bond; 4. Insurance Certificates. IN WITNESS WBEREOF, the parties have executed this agreement this day of N b .2006. CITY OF SPOKANE VALLEY: Ilk t� City Mana CONTRACTOR -C PAL- l P4v (i`vC --1 Owner C Tax I.D. No.: REDACTED ATTES : APPROVED AS TO FORM: Ad 6�ify Clerk / Office of e City Attorn 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 Construction Services Page 5 of 5 Sp&rane ,;OOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org October 4, 2006 Legal Notice City of Spokane Valley Request for Proposal, Small Works Roster Pursuant to Washington State Statute R.C.W.87.03.436. The City of Spokane Valley is extending an invitation to qualified contTactors who wish to submit proposals for a Public Works project with an estimated cost of less than $100,000.00 (dollars). This invitation shall be extended to those who are registered on the City of Spokane Val.] ey's Small Works Roster list, and who are properly licensed, insured and registered to perF.orm such work in the State of Washington. The categories for contracting that the City of Spokane Valley may need, include, but are not limited to the following; 41. Excavation and Earthwork 42. Shouldering #3. Landscaping #4. Asphalt Paving #5. Concrete Work This project in particular, will be Shouldering and minor Ditch Defining, as required. Various areas of City R.O.W. (shoulders) may require excavation and replacing, 518" base rock on the shoulders of City roadways. Existing material on shoulders will be re- graded and utilized wherever possible to fill holes. Any added Granular Material will be paid for, BY THE TON, placed, graded out and compacted. Contractor shall provide weigh tickets to the City for added Aggregate. Excess material placed on the asphalt will be swept and flushed off the roadway when shouldering has been completed. Contractor will be instructed as to where additional 518" material will be placed. General instructions will be provided to the contractor by the City's Maintenance Superintendent, or his designee, as to locations where work will be done. Bidding on this project should be considered on an Hourly Basis for Time and Materials. EQUIPiMENT & MATERIALS NEEDED: A. Grader B. Dump Truck — 12 yard C. Two ton RollerNibratory D. Power Sweeper E. Water Truck F. 518" Spec. Rock/Aggregate PROPOSAL TO FURNISH LABOR & EQUIPMENT FOR WORK Contractor agrees to furnish Labor and equipment, completely fueled and maintained for the following rates: item Description Rate per Hour Rate per Day Motor Grader S S Dump Truck —12 yard $ $ Two ton RollerNibratory $ $ Power Sweeper $ S Water Truck $ $ Sub -Total S Plus 8.5% WA State Sal es, Tax S Total Amount Proposed (including Tag) $ DATE: Signed By: Company: Contractor registration Ntunber: Contractors Phone Number: Contractors Tax ID. Number: Interested parties wishing to submit a proposal should do so on or before October 20, 2006 before 2: pm, for consideration on this project. NOTE: A Performance and Payment Bond will be required. If any BIDDER should have questions, please contact: iim ein. Maintenance Superintendent City of Spokane Valley, 11707 F. Sprague. Suite 106 Spokane Valley OVA. 99206 (509) 921 -1000 or 294 -1038 20/19/2006 17:03 2037770499 t PROPOSAL TO FURNISH POE ASPHALT PAVING OR & EQUIPMENT FOR WORK Contractor agrees to funiish Labo# and equipment, completely fueled and maintained for the following rates: Motor Grader Dump Truck —12 yard Two ton RollerNibiatory Power Sweeper Water Truck Total c1qvo $ CIf T - l9'Z� $ 6206 00 GU PAGE 03 Sub -Total a Ogj Plus 8.5% WA State Sales Tax mouat Proposed (including Tax) S `"G t • �D V10_ . FOGA' -p M This document contains confidential tax information and has been redacted pursuant to RCW 8232.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMQ 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. SAF EC04 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, Poe Asphalt Paving, Inc. Bond No. 6341831 (hcreinalier called the Principal), as Principal, Safeco Insurance Company of America , a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto the City of Spokane Valley in the sutn one hundred thousand dollars and 001100 (hereinafter called the Obligee), (S 100,000.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and scaled this 9th day of November 2006 WHEREAS, said Principal has entered into a written Contract with said Obligee. dated November 9, 2006 for Shouldering and Minor Ditch Defining Services in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and perforned, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in frill force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within Iwo (2) years following the date on which Principal ceased work on said Contract. Poe Asphalt Paving,4 -n- By Principal 1. Safeco Insurance C mpany Z America Della J. Allen = Attorney - -in -Fact S•07571GEEl- 7196 t- POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: 323 No. Safeco Insuranm Companies PO Box 34526 SeaWc. WA 98124 -1526 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint 'H'""'" — "DELLA J. ALLEN; CHERYL A. ASHBY; JAMES M. HEWITT; DON MCQUARY; PHIL STONEBRAKER; Clarkston,Washington" ""'"' " 414 " its tree and lawful attomey(s) in -tact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar cha rawer issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 27th October 2005 day of STEPHANIE u/ SECRETARY MIKE AFTERS PRESIDENT. SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attomeys- intact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bands 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 at 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 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On arty 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 Pill 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 thereoL" 1, Stephanie Daley- Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERIC& do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the BY4_8ws. 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 L day of �Sr 'fCE Cr c M SEAL f SEAL � � �'`� �g53 STEPHANIE DALEY- WATSON SECRETARY Banco® gird the Sateco logo are registered trrxlenwks of Safoco Corporation. WEB PDF S- 09741DS 4105 • SAF EC0' PAYMENT BOND KNOW AIJ, BY THFSF PRESENTS, That we Poe Asphalt Paving, Inc. BOND NO. 6341831 (Here insert the name and address or legal title of Contactor) as Principal, hereinafter called Principal, and SAFECO tNSUKANCF COMPANY OF ANiER1CA, a Washington Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto the City of Spokane Valley (Here insert the name and address or legal title of Owner) as Obligcc, hereinafter called Owner, for the use and benefit of Claimants as herein defined, in the amount of one hundred thousand dollars and 00 /100 Dollars (S 100,000.00 (Here insert a sum equal to at least one -half of the contract price) for the payment v /hereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, Firmly by these presents. WHEREAS, Principal has by written agreement dated N°overnber 901 2006 enterett into a contract with Owner for Shouldering and Minor hitch Defining Services in accordance with the terms and conditions of said contract, which is hereby referred to and ntadc a part hereof. NOW, Ti•1EREFORE, TiME CONDITION OF THIS OBLIGATION IS SUCH That if the Principal shall promptly make payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contact, then this obligation shall be void; otherwise shall remain in full force and effect, subject, however, to the following conditions: I. A Claimant is defined as one having a direct Contract with the Principal or with it Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contact. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defncd, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimants work or labor was done or pe.formed, or materials were furnished by such Claimant may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. 3. No suit or action shall be commenced hereunder by any Claimant. a) Unless Claimant, other than one having a direct Contract with the principal, shall have given notice to any two of the following: The Prinepal, the Owner, or the Surety above named, within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the Last of the materials for which said claim is made. b) After the expiration of one (1) Ycar following the date on which Principal ceased work on said Contract. If the provisions of this parnemph arc void or prohibited by law, the minimum period of litnitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed and sealed this 9th day of 'November S•4 r 74 /^GAGF 2/97 2006 Poe Asphalt Pavit1g✓fifc. Principal By , SAFECO INSURANCE COMPANY OF AMERICA Attorney -in -pact 1 KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY 323 No. Safeco Inatrance Companion PO Box 34526 Seattle, WA 98124 -1526 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a Washington corporation, does each hereby appoint "**-'* *DELLA J. ALLEN; CHERYL A. ASHBY; JAMES M. HEWITT; DON MCQUARY; PHIL STONEBRAKER; Clarkston,Washington"***""""_ its true and lawful attomey(s }in -fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the coume of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 27th October 2805 day of J��i -+ Qf'dlgLi STEPHANIE,DALEY L.ATSON SECRETARY MIKE PETERS PRESIDENT. SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 attomeys -in- fact or under other appropriate tittes 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 net be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting virtu (i) The provisions of Article V. Section 13 of the By -Laws, and (CI) A copy of the power -of- attorney appointment, executed pursuant thereto, and Oifi) Certifying that said power -of- attorney 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, Stephanie Daley - Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these oorpomtions, 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 hull force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this "L day of NIQ , (a i of -dl�i SEAL SEAL 1953 �s2� \ Qr to STEPHANIE DALEY- WATSON, SECRETARY Snfoco® and the Safcm logo are registered "damirk. of Saleoo Corporatism, WEB POF S-0974JDS 4/05 ACORD CERTIFICATE OF LIABILITY INSURANCE`"" %2`06' PRODU,ER (509) 758 -5529 FAX: (509) 758 -5311 Stonebraker- McQuary Agency 616 5th St. THIS CERTIFICATE IS ISSUED ASA9.� {MATTER OF INFORMATION ONLY HOLDER AND CERTIFICATE OHES�N017 ;AM�T]lEl�', EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO�i'CIES BELOW. ADD' TYPE OF INSURANCE PO Box 9 Clarkston WA 99403 INSURED INSURERS AFFORDING CO QRA /GPf S 0, : INSURER A: CNA- Transcontinental Ins N C # ,III_. 2048 'C INSURER a: CNA-Ameri can Casualt X Co. 20427C Poe Asphalt Paving, Inc. INSURER c:CNA -Trans ortation Ins Co 20494C PO Box 449 INSURER D! State Insurance Fund EACH OCCURUNCE $ 1,000,000 INSURER E: $ 100,000 Lewiston ID 83501 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVIATHSTANOING 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. A G TF LIMITS H EN R D IM INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDD POLICY EXPIRATION DATE IAIAIDD 101tT3 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY EACH OCCURUNCE $ 1,000,000 DAMAGE TO RENTED oaammco $ 100,000 ti; -^E;;P 4 P.% -cn9^: ;n S 5,000 A CtAIMSMADE COCCUR 10786GS171 11/1/2005 11/1/2007 PERSONAL A A0V INJURY 3 1,000,000 X Stop Gap Liability GENERAL AGGRf&ATE S 2,000,000 GEN 'L AGGREGATE LD41'r APPLIES PER: 04P $ 2'000'000 POLICY X PRO- LOC AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) 3 1 , 000,000 BOOMY INJURY (Per pwwn) $ B ALI.OWNEDAUrOS 2025665448 11/1/2006 11/1/2007 SCHEDULED AUTOS X HIREOAUTOS X NON- OV.44ED AUTOS BODILY INSURY (Peracideng S PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S O' MER THAN EA ACC S ANY AUTO $ AUTO ONLY: A G EXCESSfUMORELLA LIABILITY E $ 4 , 000 , 000 AGGREGATE 3 4,000,000 X OCCUR CLAIMS MADE 3 S C DEODCTIBLE 2075567923 11/1/2006 11/1/2007 S X RETENTION S 10 000 D WORKERS COMPENSATION AND �� 2 OTH- $T EaC.iACCIUEI:T 500 0(1(1 r EMPLOYERS'LIASILITY ANY PROPRIETOWPAIYPNERrE7LECVTNE OrFICERBAEI.IBEREXCtUDEO? 578551 10/1/2006 10/1/2007 E.L. DISEASE- MPLOYE S 500,000 EL DISEASE -POLICY LLKTT 5 500 r 000 If yes, daScrlee under SPECIAL PROVISIO A OTHER Inland Marine 1078605171 11/1/2006 11/1/2007 lnatallation Floater 200,000 I $500 Deductible DESCRIPTION OF OPERAT IONSAOCATIONS.VEHICLESMXCWSIONS ADDED BY ENDGRGEMENT13PECIAL PROVISIONS The City of Spokane Valley is additional insured (except on work coop) as rospects the Shouldering 6 Minor Ditch Servicos project. Insurance is Primary and Noncontributory. CERTIFICATE HOLDER UANI.tLLA 11U N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Spokane Valley EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 11707 E. Sprague Ave . , Ste. 10 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Spokane, WA 99206 FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Della Allen /DELLA If�t�O ACORD 25 (2001108) w A%,umu l,vrcrvr%,K a eury I voo INS025 (oloe�oe AMS Mme) - WWtcra K4nver Financial Services Page I of 2