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07-019.00 Modern Homes: Mirabeau Springs Deck RenovationAGRN iJMEtyr FOR CONSTRUCTION SERVICES Modern Romes Construction Company TF11S AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington; hereinafter "City" and Modern Homes Construction Company hereinafter "Contractor," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: I. Work to Be Performed. The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the Mirabeau Springs Deck Renovation Project (hereinafter "work ") in accordance with, and as described in M irabcau Springs heck Renovations Plans and Specifications; 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 accord with the Contract Documents. 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 efforts, including die 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 August 1, 2007. 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. Compensation. The City agrees to pay the Contractor: [*J a fee of $78,035.89 for the work, as full compensation for everything furnished and done under this agreement. Agreement for Construction Services Page I of 07 -19 �0 4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of au 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. `Me 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 CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Phone Number: (509) 921.1000 Address: 11707 East Sprague Ave., Suite 106 Spokane valley, WA 99206 Name: Pete Bozin Phone Number: Mobil: (509) 499 -1387 Address: P.Q. Box 534 Nine Mile Falls, WA 99026 6. Applicable Laws ynd 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. PrevailinL, Wanes nn Public Works. Unless otherwise required by haw, if this contract is for a "public work" which is defined as "work, construction, alteration, repairor improvementotherthan 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 wagers 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 al3idavit 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 Agreement for Construction Services Page: 2 of 5 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, 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 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 limes 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 Insuronce. Contractor shall obtain insurtutce of the types described below: 1. Automobile Liability insurance covering all 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 Prbjecl Endorsement ISO form CG 25 03 11 35. 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 CO 20 10 10 01 and Additional Insured- Cornpleted 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 insrn•ance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of S 1,000,000 per accident. Agreement fur Cunsiniclion Services Page 3 of 5 2. Commercial General i,,iability 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. 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) clays 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:VLI. E Verificotion 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 15, 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 Insllranee. 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 obtainingthe written consent of the other party. Agreement for Construction Services Page 4 of5 17. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 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 Rezistration. 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. Plans and Specifications Document. 2. Insurance Certificates. IN WITNESS WHEREOF, the parties have executed this agreement this 7 `day of Ai:',;,� .2007. CITY OF SPOKANE VALLEY: Cify Manager CONTRA Ow er Tax I.D. No.: , . REDAQ19D ATTES_ APPROVED AS TO FORM: City Clerk/Deputy Clerk Office the City A orney 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 .,.,... --- Page 5 of 5 SbUane BON) NO: 70251$3 ,;oOVhHey CONTRACTOR'S PE.RFO.RAIANCe AKD PAYAIEI°r BOND TO OVAL OBLIGEES KNOW A.LLM1.NSYTHE$EPRESENTS,ihat Peter S. Bozxn dba: Modern Homes (Contractor), as Principal; `and Wester 1 SuKgty (Bonding Company), as Surety, a corporation of the State of South Dakota whose principal office is located at Sioux Fall.s, . South DAkota are firmly bound tmto the State of Washington and the City of Spokane Valley, a political subdivision the State of Washington, as Obligees, to fulfill the oblipa of the Principal and the Surety under the Contract tip vtIhich reference is hereafter made, in the amount of $ 7'$, 036, 00 (including Washington State sales tam) for payment v<hereofPrincipal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. DTI iEAS, Principal has by written Proposal dated 216/07 offered to enter into a Contract with dle City of Spokane Valley for Contract No. 07 -004 pursuant to the terms and conditions set forth in the Contract Documents dated 3/5/07 NOXV, TT3EltEFORE, 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 Atl laborers, mechanics, subcontractors and maierial'suppliers, and all persons who supply such person or persons or subcortrsa:tors with provisions and supplies for the carrying on of such Nvork, and indemnify and hold luarraless the Obligees from all loss, cost or damage which it may suffer by reason of the fidlure 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 furnished labor, materials or supplies for use in and about the work provided for in the Contract shaU have a direct right of action under this bond, to thd 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 terns of the Contract or to the WORK to be performed thereunder or the SPECIFICATIONS decompanying the same shall in any cvrty 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 Contract or to the 'WORK or to the SPECIFICATIONS. . Ncs final settlement between the OWNEIR and the CONTTUCTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. S(CiiN® AND S1w4L 131) THIS 26 DAY OF February YEA:K 20 07 SURETY Western Surety Company Signature 1 japed 'Name H. Ann Veitrie Title Attorney —in —Fact �y %Ur sOLrH oaK °�r PRINCIPAL Peter S. Bonin dba: Modern Homes Signattm Typed Name Peter S. Bozin Title Owner 'CNA 2/26/2007 10:03 AM PAGE 2/003 Fax Sarver ACE04ONVLEDG]IENT O SUItETY S'r,VrE OF Washington (AUA,irney-in-Fact) COUNPY 0? Spokane ss On this 2 6th d:y of February 2007 , before me, a notary public in and for said County, personally appeared H. Ann Veltrie to me personally known and bein.- by mo duly sworn, did say, that he is the Artorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakotn, that the said instrument was executed on behalf of the said corporation by authority of its Bosrd of Directors and that the said Fl. knn Veitr_? a _- - -- acknowledges said instrument to be the free act and deed of said corporation and that lie has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my official seal at Spokane 4;ashinaton the day and year last ebe a written. Ify Commission expires ^ Notary Public Fob 106-4-2000 T/Y N V /.— Z Piji, O LEI t/LYi, CF W A CNA 2/26/2007 10:03 AM PAGE 3/003 Fax Server Western Surety Company POWFIROF'ATCO)INEY- C,F;:t PIFI L7 COPY Bond No. 70251936 Know All Mm By These Presents, that W.NffP 2N S1Jn"rY COLSPANY, n omT. aratfon duly organized and existing under the laws of this State of South Dakota, and ha%!M its prindpal office in Sioux Fails, South Dakota (the "Company'), does by these prosnits make, constitute and appoint H. Ana Veltzie its true and lawful atterney(s }in -fac!, with full power and authority hereby conferred, to execute, aclmowtedgo and deliver for and an its behalf A3 .Surety, hands for: Principal: Peter S. Bozin dba Modern Homes Obligee: City of Spokane Valley Amnuur $78,036.00 and to bind the Gompany thereby no fully and to the same extent as if ouch bonds were signed by the Seiner Vice President, scaled with the corporate seal of the Company and duly attested by its Secretary, hereby rntifying rad confirming all that the said nitarney(a }in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which temains in full faros and effect. "Section 7. All bands, policies, undertaidng3, Powers of Attorney ar other obligations of the corporation shell be exsenuted in the corporate name of tho C amparty by the Pteafdmi, Som -etary, aw Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Hoard of tirectzm may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys tC Ftxt or agents who shall have authority to issue bands, policies, or undertakings in the naree of the Company. The corporate seal i9 not neeemary fax the validity of any bonds, policies, undcrtakiugs, Powers of AtWrney or other obligations of the corporation. 'file signature of any such officer and the corporats s sal may be printed by fersimils." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of July 1 200 7 ,hut until such time shall be irrevocable and in full fame and effect. In Witness Whereof; Western Surety Company has caused these presents to be Eigned by its Senior Vice President, Paul T. Bruftat,, and its corparaUzeal to be affixed this 2 6th day of February 2007 WE ST - R, SURE COMPANY / yl_x� Paul T. Dmfta ar Vice Presldent On this 26th day of February , in the year 2007 , before me, a notary public, personally appeared Psui T. Bruflet, who being to me duly sworn, nAcnowlcdgoi thnt he signed tho nbcwo Power of Attarnry as the aforesaid officer of WESTERN SUP .'R'Y COMPANY and acknowledged said in:.trument to be the voluntary set and deed of said corporation. i D. KRELL NCTARY PUBLIC s otary Pubtm - South Dakota SCUTH QAXMM. i��u►�ti�N��Mr�r�\►\ My Gommissk n Exores November 30, 2012 I the undersigned officer of Western Surety Company, a stick corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full farce and effect and is irrevocaWe, and furthermore, that Section 7 of the bylaws of the Company as set Earth in the Power of Attorney is now in force. Tn testimony whereof, I have hereunto set any hand and seal of Western Surety Company this 26th day of February 2007 WEST R, SURE COMPANY Paid T.13.-Au enior Vice President Form F880S9.2008 �■ n By: (teat 8 Associates Insurance; 509 922 4103; Mar -5 -07 9:30AM; Page 1/1 POLICI£u. AGGREGATE LIMITS SKOWN MAY hAvg U£EN REDUCED BY PAID CLAIMS. 00 ICY RATION LTR INSR TYPE OF IN3URAlICE POLICY NUMBER DA E tMWDOM/ DATE MNVpOf(T LIMITS _ 1 o ■■CORD CERTIFICAT'_ �JF LIABILITY INSURAN(,- OPID A DATe�NfArDD/TYY) ■ ■ -• MODER-1 03/05/07 1� ■ .cR X X COMMERCIAL GENERALLIABILITY CLAIMS MADE �� OCCUR THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION 05/09/06 05/09/07 TO'RENTED PREMISES aooaneneol ONLY AND CONFERS NO RIGHTS UPON TIME CERTIFICATE Wheat 6 A—nooci.Ates Insur:.+nce $ 1000000 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 3548 m ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane WA 99220 -3546 PERSONAL $ AOV INJURY s2000000 Phono: 509 - 922 -2937 Pax: 509-922-4103 INSURERS AFFORDING COVERAGE NAIC 5 GENERAL AGGREGATE 1118UPERA: Ohio Caau"lt_y _ _ PRODUCTS - COMP/OVAGG w$URER S: Pote Bozin db1 dern Homes gq INSURER C: _ _... 19 E Crown Spokane WA 99207 N' SURER D: INSURER E: A r r%vIz0Af_FQ THE POLICIES 01: WSURANCE LISTPfI BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITNSTARDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUYEJ r WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR VAY PERTAIN, THE INSURANCE AFPOADEO BYTHE POUCIES OE5CRIDEL HEREIN IS SUBJECTTOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF GUCH POLICI£u. AGGREGATE LIMITS SKOWN MAY hAvg U£EN REDUCED BY PAID CLAIMS. 00 ICY RATION LTR INSR TYPE OF IN3URAlICE POLICY NUMBER DA E tMWDOM/ DATE MNVpOf(T LIMITS _ GENERALL1A01LITY City of Spokane Valley EACHOLCURRI!NCL" $ 1000000 A X X COMMERCIAL GENERALLIABILITY CLAIMS MADE �� OCCUR 53086653 05/09/06 05/09/07 TO'RENTED PREMISES aooaneneol S 100,000 MED eXP (MIX er�� person) $10,000 $ 1000000 m PERSONAL $ AOV INJURY s2000000 - GENERAL AGGREGATE GCNLACCREOAT6 LIMIT APPUESPER: PRODUCTS - COMP/OVAGG 52000000 -. POLICY X PRO• LOC Jt:G'I ._... A AUTOMODILG LIARILTTY ANYAUTO 53086653 05/09/06 05/09/07 COMBINF O SINGLE LIMIT IESae=Ono $ 1000000 ALL OWNED AUTOS i BODILY INJURY SCHEDULHDAUTOS (Paprsun) X BODILY INJURY (Pef sod"01) HIDED AUTOS NOI+ -0WNE -D AUTOS 3 - X PROPSRTYDAMAGE IPof *Cd&MI) I GARAGE LIAI3LLj Y AUTO 011LY • FA ACCIDENT 5 •- • • • - ANY AUTO OTNER THAN EA ACC AUTO ONLY: AGO S -_ S EI(CESWUMDRELLA LIABILITY EACH OCCWNt..NCb f 1000000 A X OCCUR CLAIMSNADE 53086653 03/05/07 05/09/07 t 1000000 AGGREGATE 3 DEDUCT/RI.P S.. -'•, _ RETENTION L WORKERD CONDENSATION AND TORY LIVATS X ER $1000000 -- A CwPLOYeRD' LIABILITY ANY PROPRIEIORlPARTIIER/EY.ECUTIV6 W4:ICFR/MEN.3ERL'ACLU13EM 53086653 STOP GAP 05/09/06 05/09/07 EL�LcHACCInF!NT - • • - E.L. DISE.A;6• EA EMPLOYEE —••— f 2,000040 it yes, dooGfibe Uncar SPCCNL PROVISIONS 1)810«• E L DEAuE -POLICY LIMIT IS I S 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLIS I EXCLU010ND ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is additional insured if required by written contract or written agreement, oubject to General Liability Maoter Pak Blanket Additional Tnaured provioion (CG' 8415) included in the policy. This insurance is primary and non - contributory as required by written contract. coTrCrl- M LIAI nco CANCELLATION ACORD 25 (2001100) W 14L.UKLJ %oUKP'UKA I IUN 1.405 C T.TYSPV SHOULD ANY OF TIIE ABOVE OG.RCR19131) POLICIES BE CANCELLED UEFORE THe EXPIRATION _ DATE THISRfiOP, THE ISSUING INSUNL'R WILL 6` AWL 30 DAYS WRITTBN City of Spokane Valley NOTICE TO THE CGRTIPICATE HOLDER 14AMEDTOTNE LEFT. BUT W11209COOMOMSHALL Construction Serviced 11707 E Sprague, Suite 106 Spokane Valloy WA 99206 IMPOSE NO OBLIGATION ORUAWLITYOP ANY KIND UPON THEINGUR ER, ITS AGENTS OR REPRESENTATTVEO, Al j GRRFD P SENTATIVI• �/j C ACORD 25 (2001100) W 14L.UKLJ %oUKP'UKA I IUN 1.405 S#drane ,,,;,00WVa11ey­ CHANGE ORDER NO: DEPARTMENt OF PUBLIC WORT{ PROJECT, Mirabeau Springs Deck Renovation Project CONTRACT OATE: March 5, 2007 CONTRACTOR' Modern Hornes Construction Company PROJECT NO: 07 -094 DESCRIPTION OF CHANCES Reimburse the contractor for the increased insurance premium due to an error in contract documents. Total Amount of this Change Order: $ 452.00 THESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF CONTRACT PRICE: ORIGINAL CONTRACT AMOUNT $ 78,035.89 TOTAL PRIOR CHANGE ORDER AMOUNT � 0.00 . ...................... I ........ I............................................................. CONTRACT PRICE PRIOR TO THIS CHANGE ORDER (through CO#� ............. $ 78,035 -8g NET THIS CHANGE ORDER 452 -00 ............................................. ... ........................... . .............. .. ............................. .- ........ CONTRACT AMOUNT INCLUDIN ORDER $ 76,487,89 CONTRACTOR ACCEPT The contractor hereby accepts this RECOMMENDED BY: APPROVED B: APPROVED BY: ATTACHMENTS: Distribution. DATE' terms of the original conlracl for all work perfoined. ff- (a r (Project Manager) Cave Mercier, City Manager ORIGINALS TO: Contr; rOor, City c Spokane Valley Clerk's Office, PW Proiect File COPIES TO: P,PVJ1Forms+Temp1ales= (Nov 04) DATE; 15 1VK1z DATE: 4zc�)7 DATE: 3/7 SUPERI�R COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: NOTICE TO CONTR.ACTORS No. City of Spokane Valley Public Works Department AFFIDAVIT OF PUBLISHING (Mirabeau Springs Deck Renovations, NOTICE BID No. 07-00�4) STATE OF WASHINGTON )ss. County of Spokane CRAIG HO�ARD being �irst duly swom on oath deposes and says that he is the �DPI�$,, of The Spoka�ee Val�y News Heraki, a weekly newsgaper. Thatsaid newspaper is a legalnewspaper and itis now and has been for mnre than six months prior to the date of the public�tion her�einafter referred ta, published in the English language continu�illy as a we�eekly newspaper in Spc�kane County, Washingtan, and it is now and during all of said time was printed in an office maintained at the aforesaid plaae of publication af said newspaper, which said newspaper had been apprcfved as a legal newspaper by order of the Superior Court of the State of Washingtdn in anci for Spokane County. That the fallowing is a true vopy of a Fublic natic�e as it w�,s published in r+egular issues commencingon the 12th ¢�y of ianua��,. 2007„ and ending the 19th av of uatv. 2007 all dntes indusive,and dtat such newspaper was regularly ciistr�bubed to its subscnbers during all of said period: ttartce Ta corrr�►cnoas cmr oF sPOUn� v�u�r Pueuc wcR�cs a�armwe+r "'�'Sa�; A�v�r, w�� i� SUBSCRIBED and SWORN to before me this 19 th day of janu �,2.o0�. VlaU�l. Spakane C�ounty. WashUg!on wili ro- celva �lgd bids up to i1 A.A� a1 FAday, ��r �t��+ s�^s� State of Washington R d� Counly of Spokane �,a �ra� �+a �no a� rrem�� �amavin0 �n� tle�lc�g 8xfures a01n o�n�,�a, u,� �,a� I cert�' ythat I know or have satis#actory evidence that �'���d'"�ba�ie"'���'�° Crai Howard is the erson who a eared before ��oo��ra►�a�c�crc��rumati g P P ot s�o� v�y, »aop s�� n,fonu�, me, and said person acknowledged t he signed s�°� °i�"� this instrument and acknowledged it to be his fre�e "�a.�o o�� and volunt act for the uses and oses men- ee h� Imm�ta�oty �tnaronftar end �nd a�ud `��N� o �Y P�P !n Hto oo�nc� �mne�ts o! s,� vf�g► Cfry fl A E b y tione d in e ins t. tumen t. �p tl�ts iedtl�es& Ustod eb�� TTse f''aty t'�in3 gi p �p FZ �i pie �lg1�t b f'e�ecl�r att� e{I ��s �nd tn waM�a F 'fq t''� r �i minor frte$ulAr�s !n thn �dding pcoe$sa. Nl a bdds m�1 ba aam� �l► a�Jd �P� tn Q NOTAiiY U�n tam ot a siuely pa�al monsy oadst, PU BLIC Z jolene e wP11t'L t N t Title: otary Public 1 amouM co r� ts�s� �t c�o �m ad uio bid a t t u� tu tumfsh a b[td bortd i lJ tn �+►r,sm� w�n a� �t� b� curory F o MY �PP tment expues: 5-16-07 4 bcxMbimafrstim�l�� ���i� vl11181l� fiid ta b� (�d M�a. PWtra ar�0 s�flaettqn maY be obtsdn�sf dam Spo�n� V�y C�Y HaF► �t�n �n� ot Wo�r�l o�a�of S rt� dab1R�,�,l� aroemf�atarb�aonat�tjraf SpekarteYalby� G� Ht�l, 1tT07 E s�rague Avatute. �ius4o to6, CI�i6n�b�iQSe �•�B99)9tt-tO�D. pUgUSH, ,IStt1l�y 12u� 1@. �07 C NOTICF TO GONTRACTOAS CITY OF SPQKANE �IALLEY PUBUC V�l0�1� �EPARIME�T 11701 E SPRA6UE AYENUE� SURE 106 SPOKANE YALLEY, W� 892Q6-8124 Notice n�ny �iv�n that the Ciiy af Spahene Yalley, Spoksrte Cgunty, Weshington wi�l reca�ve �aled bids up ta 11 s00 A.M. on friday� lat�uan� 28. 2�01 for Mlr86eau S'�rings Oecic R�nava- i �ons� BIO N0. 01-004. The proJect will inclu�e �emoving and replacing �xisting decking and rail- Federal Tax ID No. 91-0420030 �ngs and adding rtew deck i�aming r�moving qFF�DAVIT OF PUBLICATION existin� de�1c-lighting i�x- tu�s ail in accordanca with the cantract plans, STATE OF WASHINGTON rovisians and sp�c�- ions 8ids mus# be sub- County of Spokane� ss. mitted in ssaled eme- lapes addressed to fihE Name: Ci of S okane Vaile Acct: 42365 Ctt�► Cterk o# the City af tY P Y Spakene Vell�r, 1i707 E S Avenue, Suite p.p.: No. Lines: 89 106, Spakane Yalley, Wash(ngten, 99206, and receiued nat �at�r than Total Cost: 567.92 Log No: SR13076 Eririay, lan�ar� 26 2�OT�.11:OD a.m. locai b. n�.e Bfd openings will I� Honormarie Tibbetts-Freiday be hetd immadiat�ty do solemnly swear that I am the P�incipal Cierk of the SPOKESMAN- thereafter and read alaud REVIEIN, a newspaper established and re ularl published, once in the c�unc�l chambe�s 9 Y at Spakane Valley City each day in the English language, in and of general circulation in the Hall at tlla address listed City of Spokane, Spokane County, Washington; and in the City of the �ri� any' Coeur d'Alene, Kootenai County, Idaho; that said newspaper has and ai btds and ta waive been so established and regularly published and has had said general mjnor ir�e�ufa�ties in the circulation continuously for more than six (6) months p�ior to the 23rd bidd6ng proaess. All titds mus# �e accompan�ed by day of July, 1941; that said newspaper is printed in an office a bid de�H in the fom� maintained at its place of publication in the City of Spokane, ot a surety bond posta� Washington; that said newspaper was approved and designated as a mon�r ordsr. 6asb, cashiar's ch�k, or legal newspaper by order of the Superior Court of the State of ���t�rtea ch�� in an Washington for Spokane County on the 23rd day of July, 1941 and amount e ual ta fnre that said order has not been revoked and is in full force and effect; perce�t (�Xl of the amou�# ot the bid pro- that the notice attached hereto and which is a part of the proof of �osed F�il�re to iurnish publication, was published in said newspaper, two time(s), the a bid bond f� campliance witn tne city's btd publication having been made once each time on the following dates: depasit su� b�nd tarm January 12 8 19, 200T Shall rt18kB t B D�d nOn That said notice was published in the regular and entire issue of every responsive anQ aau� the number of the a r durin the eriod of tlme of ublication, and that b�d ta Da ralected. P Pe 9 P P the notice was published in the newspaper proper and �ot in a Maps, plsns and spec�i- su lement catian may he obia(t�ed pp P, irom Spokane Yall�y City Nafl upon payment af the y �ii f amouM af �15 .00 lNon- Subscribed and swom to before me at the City of Spokane,�s 19 refundable). lnforma#ion- al cnpies of ma�s, plans day of January, 2007 !��.f�`�-"� and spea�ficatlons ara on ri�y� fite far inspa�klon at City C_,d�i�� O�'`SS10N oi Spokane Yalley, Ciiy f� �F',� s i Nall, I17U7 Sprague Notary Public in and for the State of Washingto �p Avenue, SuF#a los, spa residing in Spokane County, Washington iu ��'*aRY N� kane Yalley, Washingt�n, i5091921•1QOd. t �L18LIC j �3,� Chr� Bainbridgs �9� Spokane Va11�y► �ity Cl�rk ���q��.r P118l.ISHc lanuary 12 and 19.2007 SR13076