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08-035.00 Kilgore Construction: Spokane Valley Pool Upgrades:7 AGREEMENT FOR CONSTRUCTION OR SERVICES Kilgore Construction, Inc. Spokane Valley Swimming Pool Upgrades Contract #08 -009 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Kilgore Construction, Inc., hereinafter "Contractor," jointly referred to as "parties." her CONTSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed. The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the Spokane Valley Swimming Pool Upgrades Improvement Project (hereinafter "work") 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 [Tans, 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 Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until completion of the contractual requirements have been met. The City may terminate this agreement by ten 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: ['] a fee of 52,893,123.55 for the work, as full compensation for everything furnished and done under this agreement. Agreement for Construction Services Page I of 5 C08 -35 • • 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. 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: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: -J4_J i<< J , / ���'• Phone Number: (509) 921 -1000 Phone Number: 5-a'l- z 3 T - 4703 Address: 11707 East Sprague Ave., Suite 106 Mobile: 9-017 _ "Ve —3177— ! Spokane Valley, WA 99206 Address: P.D • Ne r- 3l0 7 Gw6 is,�, vj/ 994ds' 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 Waaes 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 d.ie 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 its 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. Agreement for Construction Ssrvices Page 2 of 5 0 0 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 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 LiAil_i_ty insurance covering all owned, non - owned, hired and leased vehicles. Coveraee 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 f.'onrt CG 25 03 11 $5. There shall be no endorsement or modi fication 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. 1blininnun Amounts oflnsurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of 51,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that Agreement for Constniction Services Page 3 of 6 0 0 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. Cancellation of Consultant's insurance shall be governed by either: a. the policy shal l be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability oflnsurers. insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring. companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self- insurance. 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 die Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractors 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. 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. Agreement for Construction Services Page 4 of 5 16. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all ofthe 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. 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. Contract Provisions and Plans for Construction of : Spokane Valley Swimming Pool Upgrades, Bid #08 -009; 2. Bid Response Documents. IN VITNESS WHEREOF, the parties have executed this agreement this day of 32008. 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. CONTRACTOR: 1 L6of2Cs 4 ,V."%4Ue�d y� Tax I.D. No.: REDACTED APPROVED AS TO FORM: Office ofile City A rney Page 5 of 5 RECEIVED MAR - 7 2003 SECTION 00410 - BID RESPONSE DOCUMENTS CITY OF SPOKANE VALLEY CITY CLERK 131D PROPOSAL PROJECT NUMBER: 08-009 (Re -Bid) PROJ1rCr TITLE: Spokane Valley Swimming Pool Upgrades NAME OF FIRM SUMMITTING BID: i<IL(��� CONS �� -�Ot� j \•`i(" Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may withdraw his bid after the hour set for the bid closing except under the conditions explained in the Information to 13idders Section. RECEIPT OF ADDENDA: Bidder acknowledges receipt of the following addenda: Addendum No. Date Addendum No. Date Addendum No. Date oke t I t\ I zoo g -Trwm 1 Z ZC &-e-AD t�-- 1 i 2 1 25 za)b a 'L t 1S zoo CLNQ, MO. 1 J 30 1 200 Qti-61t) 147 E- 3 200 R.LJLCCION: The City reserves the right to reject any or all proposals, portions or parts thereof and to waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the bidders when considering awarding a contract. TWE TO COMPLETE: The work related to the new recreational facilities will be substantially completed within approximately four hundred fifty (450) consecutive calendar days (approximately 15 months but no later than June 5, 2009). The work related to the existing pools and bathhouses will be substantially completed within approximately ninety (90) calendar days (approximately 3 months but no later than June 6, 2008), both beguiling on the day of commencement stipulated in a Notice to Proceed with the understanding that time is of the essence in the performance of this contract. The Notice to Proceed is generally issued between 11 and 15 days after award.. The existing pool facilities will be operated by the Owner during the 2008 swimming season June 61h thru September I". The contractors may at their own discretion, work on die new facilities during this period with public safety provisions being a priority. If the contractors elect to work during this period, the Owner's operations shall not be disrupted by the contractor's activities. BID IS NOT ELIGIBLE FOR CONTRACTOR'S BOND ELECTION to withhold 50% retainage in lieu of furnishing a Contractor's Bond (Performance And Payment Bond). SUBCONTRACTORS LIST: See Special Conditions SUBMITTAL: Tile "Bid Response Documents" Section constitutes the Bid Proposal when completed and submitted. Please do not submit the entire Invitation to Bid manual. FREIGHT: Bid price(s) to include all freight costs to the job site. 00410 Bid Response Documents BID ITEM 1 3 -PART BASE BID: Spokane Valley Swimming Pool Upgrades (Re -Bid) Base Bid Part I - All work associated with Site Number One, Park Road exce t for additive alternates $ -V 3 Base Bid Part 2 - All work associated with Site Number Two, Terrace View except for additive alternates S of � Base Bid Part 3 - All work associated with Site Number Three, Valley Mission except for additive alternates S G �2 .3 4 7 6 G BASE BID TOTAL (Part I + Part 2 + Part 3) = 8.6% SALES TAX = TOTAL BID ITEM I = S $ $ � -7 � � � 53 BID ITEM 2 — LUMP SUM ADDITWE ALTERNATE: Alternate Bid No. IA- Park Road Security Lighting Add the cost of new security lighting fixtures, conduit, wire and related demolition / restoration as identified on the Park Road electrical drawings. BID = $ �tL;�3�,oG 8.6% SALES TAX = $ !3G TOTAL .F31D ITEM 2 = $ 6 Person Entity Name: �I;�F�e`i J \�-�2� Signature Of Bidde . L- 00410 Bid Response Documents BID ITEM 3 — L.UMV SUM ADDITIVE ALTERNATE: Alternate Bid No. 113- Terrace View Security Lighting Add the cost of new security lighting fixtures, conduit, wire and related demolition / restoration as identified on the Terrace View electrical drawings. BID = $ l � `7 8.6% SALES TAX = S 542, oG crs TOTAL BID ITEM 3 = Hn) ITEM 4 — LUMP SUM ADDITIVE ALTERNATE: Alternate Bid No. IC- Valley Mission Security Lighting Add the cost of new security lighting fixtures, conduit, wire and related demolition / restoration as identified on the Valley Mission electrical drawing. BID = S 13, S 1 q." celi 8.6% SALES TAX = S TOTAL BID ITEM 4 = $ BID ITEM 5 — LUMP SUAI ADDITIVE ALTERNATE: Alternate Bid No. 2A- Park Road Shade Structure Add the kite style shade structure as identified on the Park Road site development (SD) drawings. BI:D = $ 2 Q� 3G , oI. 8.6% SALES TAX = $ If y% 'floj &v TOTAL BID ITEA4 S = $ Person/Entity Name: �� �. ��Lbo2E Signature Of Bidder. 00410 Bid Response Documents 9 0 BID ITEM 6 – LUAMP SUM ADDITIVE ALTERNATE: Alternate Bid No. 2B- Terrace View -Shade Structure Add the kite style shade structure as identified on the Terrace View site development (SD) drawings. BiD= $ 0Qi 3e-5-, (XI, 8.6% SALES TAX = $ �, 746 G TOTAL BID ITEM 6 = $ Z Z1 air , ao BID ITEM 7 – LUNIF SUM: ADDITIVE ALTERNAT>±: Alternate Bid No. 2C- Valley Mission Shade Structures Add the 3 each pyramid style shade structures as identified on the Valley Mission site development (SD) drawings. BID= S 0ej 92 V"— 8.6% SALES TAX = $ /, 7?/, °V TOTAL BID ITEM 7 = $ 721611. BID ITEM 8 – LUMP SUM ADDITIVE ALTERNATE: Alternate Bid No. 3A- Park Road Pool Deck Add the alternate bid pool deck area and fencing as identified on the Park Road site development (SD) drawings. BID = $ f 8�i 8.6% SALES TAX = $ 4 �Q l ao TOTAL BID 1TEM 8= $/ 9 j g Z ze, Person/Entity Name: K11.6OQ -E Signature Of Bidder: , G. 00410 Bid Response Documents • • BID ITEM 9 — LUMP SUM ADDITIVE ALTERNATE:.Alternate Bid No. 313- Terrace View Pool Deck Add the alternate bid pool deck area and fencing as identified on the Terrace View site development (SD) drawings. 13113= $ 8.6% SALES TAX = $ /,a 3 ?, TOTAL BID ITEM 9 = $ 13 ` o,7 0. ' RID ITEM 10 — LUMP SUM ADDITIVE ALTERNATE: Alternate laid No. 3C- Valley Mission Pool Deck Add the alternate bid pool deck area and fencing as identified on the Valley Mission site development (SD) drawings. BID= $ ) +61ZZ`vG 8.6% SALES TAX = $ DU TOTAL BID ITEM 10 = $ S I;ID ITEM 11— LUMP SUM ADDITIVE ALTERNATE: Alternate Bid No. 4- Valley Mission Water Feature . Add the upright water feature (VMWF -1) as identified on the Valley Mission pool (P) drawings. 8.6% SALES TAX = $ /)912. Vic- TOTAL BID ITEM 11 = $ ZZ g NG Person/Entity Name: JE�C2E A —S- Signature Of Bidder: 00410 Bid Response Documents C Rill n'F M _ CriMMARV • Total Bid Item 1= $ 7.2 2 7 5 3 Total Bid .Item 2 = $ �� �j 0,0-- Total Bid .1tem 3 = $ Total Bid Item 4 = S zv 7* 4" Total Bid Item S = S 0Zj05` /, —" Total Bid Item 6 = S Total Bid Item 7= S Z Z G% 9•+ Total Bid Item 8 = S % 9 , v� Total Bid Item 9 = S 13, O'qz Total Bid Item 10 = $ Total Bid Item 11 = $ a Grand Total All Work (Base Bid + Additive Bid Items) _ $13 123 PersonfEntity Name: 4 1(\"\U,-OkE Signature Of Bidder. 00410 Bid Response Documents REPRESENTATION'S AND CERTIFICATIONS ANTI- KICKBACK No officer or employee of the City of Spokane Valley, having the power or duty to perform an official act or action related to this submittal, shall have or acquire any interest in this submittal, or have solicited, accepted or granted a present or future gift, favor, service, or other thing of value from or to any person involved in this submittal. REPRESENTATION: In submitting this bid we represent that the bid documents have been read and understood, that the site has been visited and or that we have familiarized ourselves with the local conditions under which the work is to be performed, that by signature of this proposal we acknowledge all requirements and that we have signed all certificates contained herein. REPRESENTATION: In submitting this bid we acknowledge the requirements and conditions applicable to bid deposits in the form of a cash bid deposit or surety bond bid deposit. I CERTIFY that no final detenni.nation of violation ofRCW 50.12.070(l)(b), 50.16.070(1)(b), or 82.32.070(l)(b) has been made by the Washington State Departments of Employment Security, Labor And Industries or Revenue respectively dated within two years of the date of the opening of this bid. I understand further'that no bid may be submitted, considered or contract awarded for a public work to any person or entity that has a determination of violation of the above referenced statutes within two years from the date that a violation is finally determined and the date of this bid opening. I CERTIFY that to the best of my knowledge the information contained in this proposal is accurate and complete and that I have the legal authority to com nit this Firm to a contractual agreement. I realize the final funding for any service is based upon budget levels and the approval of the City of Spokane Valley. Name: _�. < \\,&OQE I 1C \L(�2� C �ST2�(,'�0►� % W(i. person/entity. ubmitting bid (rpyi 1, Signature: Title: Date: 00410 Bid Response Documents 0 0 BIDDER ADMINISTRATIVE INFOIUMATION CONTRACTOR'S A.DMMSTRATIVE INFORMATION 1. PERSON/ENTITY a. Name as registered Arith the State Of Washington: K \k bo?1�7 CONS J(,ti\OtJ \1iU, b. Physical Address: \&o2\ �. `{ GOt- �1r�2T ..J'R ggGOS c. Mailing Address including zip code: F0. T'SPW, 1_5( 1 CGrBeCT 0, cvw05 d. Remit To Address including rip code: 1T.0. "�&, -J V\- °n OL- 5 e. Telephone number including area code: (��� '2z✓�j- 003 f. Fax number including area code:( J5c>1) g. E -mail address for business correspondence: h. Washington State Contractors License Number: i. Federal Tax Identification dumber: j. Washington State IJBI Number. (01 010 ►-j e?ll� k. State Industrial Account Identification Number: C�251{ , 0-15-o\ 2. INSURANCE COMPANY: a. Name of company: 0%o k�450 .f\IKJJ(_ co. b. Mailing Address including zip code: '\tA50 L 15 d l y1 c. Insurance Agent Name: flp�lE t� rT I o %PE � j %OCR \i�Ttr`7 1 W-:>O''JLf- d. Insurance Agent Telephone number including area code: (1500 e. Insurance Agent Fax number including area code: C,jm) C� 22- L\\03 3. BONDING COMPANY: a. Surety Name: iQP<JP�1�1~Q 5 G ad i�L�~-1 ��D ��`-\ i o f (%Keav lk b. Surety Mailing Address including zip code: V( O`� �,.5 • tJ\N,\►J `�E '�G� ��0' �� I V3 K q9 Z c. Bonding Agent Name: (;2t<pQ(>L �c,�c � �2 I d. Bonding Agent Mailing Address including rip code: (oo\ e. Bonding Agent Telephone number including area code: L50-�) S 3 2 - - - -f- Bonding Agent Fax number including area code: (1j tom)j- aj$O�J Person/Entity Name:.� Signature Of Bidder: L 00410 Bid Response Documents • 81DDER QUALIFICATION STATEMENT • The following statements of experience, personnel, equipment, and general qualifications of the Bidder are submitted with the assurance that the owner can rely on its accuracy and truthfulness. If more space is required for your answers please attach a continuation sheet(s) to the corresponding bid response page referencing the item number. .l. The company has been in business continuously from (month and year) 0 I C� 1 2. The company has had experience comparable to that required under the proposed contract: a. As a prime contractor for `Z- years. b. As a subcontractor for N years. 3. The following is a partial list of work completed that was on an order of magnitude equal to or greater in scope and complexity to that required under the proposed contract, Year Owner & Person to contact Phone No. Location Contract Value Z OU-1 M0, 11s �> cE pK� c. ,P►ar�►s� o �.l - ve��y � so°� -� 6, 6o 921 b M&)" N5 F-, JJP6 -t4T( - 60►.1 CoO�J X11-21 \� ,�PoKf�►JG,�,,� l,g`�, -��t� 4. A list of supervisory personnel currently employed by the Bidder and available for work on the project (Construction Manager, principal foreman, superintendents and engineers) is as follows: Years of Fame Title J� � S�rrenfl�ef rc Experience Lf�7 Z-Gp 2 J�p K\1"!moo(Ls ?iZDSEC:. MAQP�UF-2 to S. Please attach a resume of the qualifications, previous employers, and experience of the project manager who is proposed to be assigned to the project. If a resume is not included in the bid documents the bidder agrees to furnish a resume within 24 hours of notice by the City. 6. Following is a listing of all projects the company has undertaken in the last five years, which have resulted in: a. Arbitration or litigation. ,voNf�- b. Claims or violations being filed by the Federal Government or the Washington State Departments of L & 1, Employment Security or Revenue. r"3 0t, C c. Liens being filed by suppliers or subcontractors. to0o E Person /Entity !Fame: J �° J �C\u n2E Signature Of Bidder:,- ' 00410 Bid Response Documents BIDDER CONPLUNCE CER.TIFTCATTON PROJECT COMPLIANCE In compliance with the request for quotation, bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, within the time set forth therein, and at the prices bid. SPECIFTCATTON COMPLIANCE `Che bidder certifies below that his bid complies in all respects with the attached specification documents, including the minimum specifications. YES NO If NO list below, in detail, any and all deviations. LIST DEVIA'rions: Person/Entity Name: � —TE KLI Signature Of Bidder: ow 00410 Bid Response Documents s BID DEPOSIT FORM OF BID DEPOSIT - CHECK ONE: Please submit this sheet with the bid deposit. CASH. Attach the deposit behind this sheet. SURETY BOND - Attach bid bond behind this sheet. IT IS STRONGLYRECOMtJEMDED THAT YOU USE THE A77ACHED FORM. Person/Entity Name: J�� K11�L'p2� Signature Of Bidder: 00410 Bid Response Documents y tlt Q C3 r co O O O o d N C L E E g 3 �CDw- 0 0 � g M z �z0 Doc mmm �i • �! 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THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 3548 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. £ 1,000,000 Spokane WA 99220 -3548 Phone: 509- 922 -2937 Fax:509- 922 -4103 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Ohio Casualty INSURER B: PRENSES Ea- oauencel INSURER G. Kilgore Construction, Inc PO t3ox 367 Colbert WA 99005 INJURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N09VJITHSTANOMG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONPRACT 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. AGGREGATE LUXITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR'WDD' POLICY NUMBER POLICY PTRATI0 LIMITS LTR NSR TYPE OF INSURANCE DATE FAWDDIYY DATE AIMIOOIYY) NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL City of Spokane Valley 11707 E Sprague, Suite 106 Spokane Valley WA 99206 GENERAL UAHILITY A1UT EO R/JEPR /E ^uE TTV k,"o' C G - EACH OCCURRENCE £ 1,000,000 • X X COMMERCIAL GENERALLtmrtTY 52 98 46 27 08/01/07 08/01/08 PRENSES Ea- oauencel £ 100,000 CLAIMS MADE 7 OCCUR , ' _ MED EXP (Any one parson► S 10 , 000 PERSONAL R A.DV INJURY $1,000,000 X Stop Gap GENERAL AGGREGATE s2,0001000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO s2,000,000 I E F POLICY X LQC AUTOMOBILE LIABILITY COMBINED SINGLE L[M1T $1,000,000 • X ANY AUTO 52 98 46 27 08/01/07 08/01/08 (Eoaccidcnt) BODILY INJURY £ ALL OWNED AUTOS SCHEDULED AUTOS (Per Person► BODILY INJURY £ X HIREDAUTOS X NON - OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per acciden!) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC 3 ANY AUTO S AUTO ONLY: AGG EXCESSIUMBRELLAUABILITY EACH OCCURRENCE 52,000 000 • X OCCUR F1 CLAIMSMADE 52 98 46 27 08/01/07 08/01/08 AGGREGATE s2,000,000 S DEDUCTIBLE £ X RETEN'T'ION £ 0 WORKERS COMPENSATION AND M u- IOTH - TORY Ltm TS ER EMPLOYERS' LIABILITY E.L. EACH S ANY PROPRIETORIPARTNERIEXECUTNE EA.. DISEASE - EA EMPLOYEE 3 OFFICERIMEMBER EXCLUDED7 U a% describe under SPECIAL PROVISIONS bolew - LL DISEASE - POLICY LIMIT S • JOTHER Equipment Floater 52 98 46 27 08/01/07 08/01/08 Misc Tool 12,500 Ded 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES) EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:City of Spokane Valley Pool Upgrades Project #073,074,075 Bid #08 -009/ Certificate Holder is named as additional insured subject to-the General Liability Master Pak Blanket Additional Insured Provision as required by written contract or written agreement /Coverage is Primary and Non - Contributory /Per Project Aggregate /Waiver of Transfer of Right of CERTIFICATF mni I]FR CANCELLATION. CITYSPV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL City of Spokane Valley 11707 E Sprague, Suite 106 Spokane Valley WA 99206 IIAPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A1UT EO R/JEPR /E ^uE TTV k,"o' C G - ACORD 25 (2001108) cal AL UTKU cUKrVKA I IVN I11aD NOTEPAD: &ERCODE CITYSPV ED'S NAME Kilgore Construction, Inc Recovery against others as per CG 8330 w KIL PAGE 2 OP 10 DATE 03/25/08 • • COMMERCIAL GENERAL LIABILITY CG 83 30 12 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK 0 This endorsement modes insurance provided under the follouiing: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE BLANKET ADDITIONAL INSURED (OWNERS, LESSEES, CONTRACTORS OR LESSORS) 2 FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT 3 NON -OWNED WATERCRAFT 4 SUPPLEMENTARY PAYMENTS (BAIL BONDS) 4 PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION 5 AGGREGATE LIMITS (PER LOCATION) 5 AGGREGATE LIMITS (PER PROJECT) 5 VOLUNTARY PROPERTY DAMAGE COVERAGE 6 OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE 6 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 7 DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 BODILY INJURY (MENTAL ANGUISH) 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8 MEDICAL PAYMENTS 8 Includes copyrighted material of ISO Properties, Inc., with its permission. CG 83 30 12 03 ISO Properties, Inc., 2003 Pagel of 8 0 1. BLANKET ADDITIONAL INSURED (Owners, Lessees, Contractors or Lessors) (Includes a Primary/Non- Contributory provision) Who Is An Insured - Section II is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury;" "property damage" or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or Caused in whole or in part by your ongoing operations performed for that insured. The insurance provided the additional insured in 1.A.2. above does not apply to: Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) were performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. 'Includes copyrighted material of ISO Properties, Inc., with its permission. CG 83 3012 03 ISO Properties, Inc., 2003 - Page 2 of 8 2. D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense, that may result in a claim or'suit" under this insurance to us; Tender the defense and indemnity of any claim or'suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit' from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess*over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. Includes copyrighted material of ISO Properties, Inc., vrith its permission. CG 83 3012 03 ISO Properties, Inc., 2003 Page 3 of 8 s B. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV — Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of "insured contract' in Section V- Definitions is replaced by the following: 9. 'Insured contract' means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract; E. The following definition is added to Section V - Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON -OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2., Exclusions of Section I - Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments - Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 83 3012 03 ISO Properties, Inc., 2003 Page 4 of 8 5. PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V - Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V - Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any "executive officer" director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; Material Published Prior To Policy Period "Personal and advertising injury' arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. . AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 83 30 12 03 ISO Properties, Inc., 2003 Page 5 of 8 8. 9. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for "loss" to property of others caused by your business operations. The most vie will pay for this coverage is $500 each "occurrence." The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction_ "Loss" does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any "auto "; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody or control or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. . "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. "Property damage" of property caused by or arising out of the "products- completed operations hazard ". C. Limits Of Insurance - The most we will pay for "property damage" under this Section 9. is $5,000 for each "occurrence ". The most we will pay for the sum of all damages covered under this Section 9. because of "property damage" is an annual aggregate limit of $25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it_ D. Deductible - We will not pay for "property damage" in any one "occurrence" until the amount of "property damage" exceeds S250. If the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of "property damage" covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. Includes copyrighted material of ISO Properties, Inc., with its permission: CG 83 30 12 03 ISO Properties, Inc., 2003 Page 6 of 8 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II - Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to 'bodily injury" or "property damage' that occurred before the entity was acquired or incorporated or organized by you. C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an 'occurrence," claim or "suit' by the agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee ". Includes copyrighted material of ISO Properties, Inc., with its permission. CG 83 3012 03 ISO Properties, Inc., 2003 Page 7 of 8 ` • 12. BODILY INJURY Paragraph 3. of the. definition of "bodily injury' in the Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce, our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. All other terms and conditions of your policy remain unchanged. Includes copyrighted material of ISO Properties, Inc., with its permission. CG 83 30 12 03 ISO Properties, Inc., 2003 Page 8 of 8 THE AMERICAN INSTITUTE OF ARCHITECTS ii: v)► g AIA Document A312 Performance Bond Bond No. 105079121 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Kilgore Construction, Inc. Travelers Casualty and Surety Company of America P. O. Box 367 601 W. Main, Suite 1400 Colbert, WA 99005 Spokane, WA 99201 OWNER (Name and Address): City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 CONSTRUCTION CONTRACT Date: March 21, 2008 Amount: $2,893,123.75 Description (Name and Location): Bid #08 -009, Project #073, 074, 075 City of Spokane Valley Pool Upgrades BOND Date (Not earlier than Construction Contract Date): March 24, 2008 Amount: $2,893,123.75 GDt1s�q(� Modifications to this Bond: 0 X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL =� SEAL`S z} SURETY Travelers Casualty and Surety Company: ( or to Seal la n ! / Company: Company of America (Corporate Seal) Kilgore Construction, Inc. SNING4' J ?000 Signature: Signature: 90 Name and 7y y ekC /O/)rS • Name and T1 W. Jo Ann Mikkelsen, At orney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Wells Fargo Insurance Services Northwest, Inc. other party): 601 W. Main, Suite 1400 Spokane, WA 99201 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE APdERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312 -1984 1 THIRD PRINTING • MARCH 1987 1 Thq Contractor and ,&Surety, jointly and severally, bind themselves, their s, executors. administrators, successors and assig to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through Independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be a to the Owner and, as soon as practiw after the amount is determined, tende payment therefor to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or Its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE of ARCHITECTS, `1735 NEW YORK AVE., N.W_, WASHINGTON, D.C. 20006 A312 -1984 THIRD PRINTING • MARCH 1987 10 Notice to the Sure Owner or the Contractor shall be mailed or deliver to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settle of insurance or other claims for damages to whi the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIAO THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEON YORK AVE.. N.w., WASHINGTON. D.C. ZD006 A312 -1984 3 THIRD PRINTING • MARCH 1987 WHE AMERICAN INSTITUTE OF ARCHITECT Bond No. 105079121 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Kilgore Construction, Inc. OWNER (Name and Address): City of Spokane Valley SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America CONSTRUCTION CONTRACT Date: March 21, 2008 Amount: $2,893,123.75 Description (Name and Location): Bid #08 -009, Project #073, 074, 075 City of Spokane Valley Pool Upgrades BOND Date (Not earlier than Construction Contrac ate): March 24, 2008 Amount: $2,893,123.75 G�NSTRUc Modifications to this Bond: PO o [] None ]See Page 6 QQ� Go ti CONTRACTOR AS PRINCIPAL J SEAL SURETY Company: ( rete Seal)= h , Company: (Corporate Seal) Kilgore Construction, Inc. qs IN �fl / KG Travelers Casualty and Surety Company of America 2000 Signature: Signature: Name and ,� /,ds� Name and Itle: J6`-Ann Mikkelsen, Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, EngineeroroQher AGENT or BROKER: Wells Fargo Insurance Services Par(Y) Northwest, Inc. AIA DOCUMENT A312 • PERFOR6IANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N_W., WASHINGTON, D.C. 20006 A312 -1984 THIRD PRINTING • MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paaph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond AIA DOCUMENT A312 • PERFOPUMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED_ • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w„ WASHINGTON, D.C. 20008 A312 -1984 THIRD PRINTING • MARCH 1987 conflicting with said -4ory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: service or rental equipm6esed in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w., WASHINGTON. D.C. 20006 A312 -1984 THIRD PRINTING - MARCH 1987 WARNING: THIS POWER OF ATTORNEY IS INVALID ,WIW POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Cunlpauny Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Cnmpany St. Paul Fire and ,Marine Insurance Company Attorney -in Fact No. 2189811 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company ofAnnerica United States Fidelity and Guaranty Company Certificate No. 002131128 KNOW ALL MEN BY TIiESE PRESENTS: That Seablxlyd Surety Company is a corporation duly organized under the laws of die State of New York. that St. Paul Fire and Maritte Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly Organized under the lows of the State of Jvtinnesdlta, that Futminglen Casualty Company. Travelers Casualty attd Surety Company', ¢skit Travelers C:ISUa,lty and Surety Company of America are corpormions drily organized under the laws of the State Of Connecticut, that United States Fidelity and Guaranty Company is it corporation duly ot-anized under the laws of the Sinic of Maryland, that Fidelity and Guaranty rtSUrance Company is at corpor -mion duly organized under the laws of the State of lo•,va. and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized Under the laws Of the State of \11sconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Chris Larson, George C. Schroeder, W.W. Weller, Wm. Dinneen, H. Keith McNally, Kathy J_ Gurley, Jo Ann Mikkelsen, and Heather Anderson of the City of Spokane . Swte of Washington their true and lawful Aaorney(s) -in -Fact, each in their separate capacity if more than One is na ined above, to sign, execute, seal and acknowledge any and all bonds. rccognizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfomiance of contracts and executing or guaranteeing b!wtils and undfenal ings required o�vrniv dlin unwions or proceedings allowed by late. 4th IN 1VITN.i ` 'SS WHEREOF. die Cone have caused this instrumdnt,lo•be signed.and theii1corporatc seals to be hereto affixed. this anttary \u <v day Of 0 Farmington Casualty Com 11 o ��<,��� ��� St. Paul Guardian Insurance Company Fidelity and Guaranty Ittsnrance'6 1' anyy��� St. Paul b1ercury Insurance Company Fidelity and Guaranty Insurance4indenvriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GAt111,4 "1�1y 14A[ 6 IY IM,r t .NS4 fit♦ ��0 p1 �Y� �,4 a 1► � ��,oavc.It,w eJ 7GVO,��n o � ,� i G; T mur�atrm v 927 �'' L `o �1SEAL ?r°J State Of Connecticut City of I "lantold Ss, By: -101-1:111V6. .111IMpvm, &ce President 4th January 2008 On this the day of , before ote peisonatlly appeared Creorge W. TTiompson. who acknowledged himself to be the Senior hive President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seabomd Surety Company, St. Paul f"trc and 4larine Insurance Company. St. Paul Guaudian lasut.mce Company, St. Paul tLN9ercury Insurance Company. Travelers Ctowahy and Surety Compatny, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. SOL In Witness 11'hereof, 1 hercuntu set my hautd wind o(riciel Send. �,My Commission expires the 30th day of June. 201 I. Marie C. Thueault. Notary Public 58440 -5 -07 Printed in U.S -A. WARNING: THIS POWER OF ATTORNEY IS INVALID WfTHOUT THE RED BORDER -1I WITHOUTTHE RED BORDER This Powe,' of Ailorne-y is grimed 10 -!113114 b.v 11ke aulllurily of LI is followi ng resoiutiwn% 3dUPLed by Lhe Boards of Directors of FaTO Ion Caw Ldly Company, Pidc lily and Gmiranly Insurancc Company, ridr-lily and Guarani}' insurance Underwrilm. Inc., Seaboard SUM ' V C0111]) MY, SL. Paul fire 33-d Marille lusurauce C01113ILY, St. Paul Guardian Insurance Company, St- Paul Mcmury insurance €jnmpmny, Trawk y C .i9t13iliy and purely Comp, ny, TI, velets Casually and Suivy Company of Americit,.,o(L Uilitcd Sl'ules FiJaliIy and GuarmLyCuiiipany. WhieJn rr%UlliliUkl. arc note i13 full force and effect. m3di13g us fallow%: R SOI.. M). Ili-it the C=hairman, the Presklen1, any Vicc Chaimuin, any Execulive Vice President, any Senior Vice Pracidem, any Fire PPt%Ride,lt, any Secu3kd Vice Presidcnt, the Tmmurcr, any A3 sisiaw Tremsumr, the CQrporaic Scerriary nr ally A&siswor SCCreiaiy FTI. y appoint Attorneys - its -Face and Agenus to act for and On befr.ilf of the Cnmpinny and may give such appoi nice such authority a.� hie nr her cCrriide.iic of akiihoriiy Ill, y prescribe to Sign wish the Gompnoy's imikke and sell With Lhe Cumpan}''s %col bonds, reco;,nixontew_ ronLracis of indemnity, and oihcr WriLin�-s nhligtilory in khe nnlure of a Ipnrpcl, rccggpirancc. 01' CQ1ldllloflal kIl}de19Aking, and Any of said officers orllke Board of Dii+rcturs aL any Liuir may mi i i0we any sucli appr6ILL r Mid MV06ethr puwtrgiven him or her and it is PUR'I`HER REl ' 1LY PD: chat the Chairman, the Pre0dcnl, any Vice Chnirman, any Fxecurivc Vice President. Any SeniDP Vice Nesiden; Or :1311 x' Vice President may drir�atr all or LLny PLLTI of the fortyoinrg Mil horiLy Lo one or nines officers or cmp]Qyres al"iMS ['Qmp3111y, prOvl {ICd Ihat e:ICh Stich deie�nlioil is iii will ijkg and A Copy thereof is filed in the office of the Sccrci.ary; and it is FURTHER RESOLVED, that any bond, recoF;nimnrr, cnni.nwL of indemnity, or wriling obligatory in the narurc of 3 hpnd, rcengnizanm or condiiion;ll lindeiuA -iilg Akall be. v:did and biudi3kC1 upou the CL)iopany WhVEL {3) Si @nkrd by Lhe PresidrnL.:iny Vice Chainnun, any I'mcutivc Vice Nresidenl, any Scninr Vice PrecicLcni ar any Viefi Prefiideill, :131}' Secuod Vice Pref ideiLL- ilie. TreiLwT'eF. aoy" ASSiStaukl Treaxumr- Ihr CUrporaLe SCUMLLLry or any As %i%LLLIII ficcretury and duly uiicsted and wai led wish the C0111 p3ny's Seal by a Secretary+ uTAsgislani. SeurcLary; or (b) duly exet-uLod (ulnd -Z Seal, if required) by one or more Attorneys -in -Fart and Agent% pur%uanl 1n tht pQw[!r pnesCribed is ])is or her certificate or Lkkcir certificates of auLkkuritV or by one ur rrwFn Cumpan� oflicen. Pursuant In w iwillcn delegntion Of` auihprily; and i1 is CUR!' CURM ER FZ'M LVI =D, lhat the signature of each of the following MBCC s: Presideni, any Fxcckiiive Vice PFP5i Le1lI, Ally 5eni01' Vice PITSldeol, aily Vice PM3id1att. ai iy ASSiSLai 11 Vite Per %idri it. any' SrL-wLaT3'- ony AsSi%lunL Secretary, and the %e:d of lhr Company may be affixed by� facsi mile Ln any priwer or 3pornev or lQ tiny ee Riid sale Vel.,li11g Lllereto :Ippoiattill,� Residkukc Vick; fhesidelLL3. Resident AgsistuuL 5ec7etarie% ur ALLUFUey % -in -Part for purpmr% only of tscculing and attc %iing hnncl.c and iindrn4 -ings sled el her writings Qbligatory in the miure Ihcreof, and any Stich power of alloriley or C?atiffiaLe bearint SLI JI faCSirrLllt ripnfaturr Ur facsimile seal S11213 hr walid wind hinding upon nce Carripany and any such power so cxccurcd and CeihifiCd by Such far - simile 3i�nawre and Ines inlile. sea] Shall br Valid ailed binding on like Company in Lhc fkkLUTC wish rr,�pecl in any hflnd or L3FHICr %4anding kk which it i5 tdltichLd- L Vori N, Johallsoik, Lhe Li odeisigjked, Ass iLM111L Secretary, of Faniki i igLUil Ca%uail}' Company, Fideiily and Guaranty Ink %uranct Campamy�, Ficlelily tend (iunM. rily 11kMi -J13pet UnLdei'Mile(s. InLC„ Seaboard Suitly C;onnpa,ly. SI, Pau] Fire and Mari,le insuruNM CVlnpauky. SL- Paul Guardian Insurance Company, Sl. PLLUI Mercury lnwrancr Company. Travelers Cuswadty owl Sureiy Company. Tra +%elers Casuallcy and Stti+clyxCUiikWiiky- of ?Amtrica- -and United SLaLr% 1,idrliiy and Cuaranly (;nmparky do hereby nc� t' 11Y� -0.. , CerLify Lllfit Lhe above aild f09egoirig i3 a Late and coil euc Copy of Ili& Puvk- 61'Allurnry eeutrd by %ikl' ompunics, which i% in fu I I force and ctTecl and has nryi heen revoked, 1 aU �' I TESTIMONY WHEREOF. [hour herruntO %eI rnnv hand and iliaccd th s'c t% i { an Ihi 24th d ,y r)I- March 2pQg , Kori M. Jnhan. . A5siswFi1 ScerCtafy � �wPU�� i ,TT 5159E p ri E a T nµ �x�� xi rsc'y ���� .,,8 I►'FV� �,*`�'4'U0 ¢:j F9Rq iF &3 i ���7 �T ''�SEtil'. ❑r SS�Lf$I w ors; �� ;r i$95 � Tu veri fy Lll&, LIUdielkLiCiLy of this iYuwrr of Atturrkey, calf I- 801)L-42 I- HO of CUFLLIwL L% at www- trLLvcLershond.cnm. Pleicce refer In the A11nrncy- In -F3et nikptlher, iIle above-named individuals and lbe del aiIs of Ole bowl Io twhicll the power is aLlached. A.� I 1 i Affidavit of Publication ?��;t�i 1 Siate Uf ��ashingtun. �'ountics af K�ng and Snnhomish, Marilyn Peredo bein� duly sworn, says that 11e/she is ihe Authori�ed Agent of Seattle Times Company, publisher ot' T`he Seattle Times and representin� the Seattle Pnst-Intelligencer, sep�rat� newsp�pers publ�shec� �aily in King and Snohomish Counties, State ofi W�shin�ton: that they ai•e ne�vspapers a�' general circulation �n said Counties and State; that they have been ap�roved as legal newspapers lay orders of the Superi�r �nurt of King and Snobomish C'uwtt��;s; th�t the anncx�d, bein� classified advertisenl�nt, was published in: Newspaper Publ ication Date The Seattle `Ti�1�es O1/U3lQ$ 1 And not in a suppl�m�;nt thereof. and is a true copy c�f the natice as it was printed anc�for distribuled in th� regular and entire issue of'saic� paper or papers durinb al] nf said period, and that saic� newspaper Qr nev�{sUapers were eegularly c�istributed to its subsCribers during all of said period. Subscribed ancl s«•orn before me thi� 11 th day of January, 2008 �,l'l.[.� a.✓ �'c�tarS° Ptiblic in and fc�r the State of `'Vashin�tc�n r�sidin� at Seattle ��������11���� C �r y �ip �i, �Q`,���5510N F�;q��, O�q�Q �p�i,� I O 'l' fn i f i 5V N: j� i J► i� O A 8\.�C' 2 _24_� g ��i►��••r�N 1,,�yqg\`\��� PUBL►C NOTICE FOR INVITATION TO 810 CITY OF SPOKANE VALLEY PuBIIC woRKS DEPARTMENT 61G It 08-0OS 1178) E SPSUITEE�6 VENUE, SPOKANE YALLEY, WA 4DZOb011"0 No1iCe �S befObY gwen tnat tne Cttr of 5aokonc Vuilev. Saa km� Vu11eV. Woshf�Oton wi11 e�zc,�Wt s�ul�!�1 E���� ior Sp�kune Vpllev Bid Numbtr 08�Of15, Spt�- ko�tie Votitsti Swisnming Pool Up9rades Prolcci. Thfs profett consists oi Consiructing n�w rcereaticna� -r.;r,�.ey ca�stiau outd0or sw�m�ning futl�itles nt 3-each proiact SNes faoled m the �itv af Sppknnc Valler� Washm9to�� Cupfes ol Ihe 61d ouckat intlud- 6 ng sP�tifir�honsond ntanston e obtained ui 1�e ottiea ot the CitY ot Spokan� YaIICY Publit Works Oeaortment 11707 E SF�'ague Avenuo, Suit� 106, Sva kqne Valler. Washington 992tl6, Manqov tArough Friany trom 8:00 o m. 1� 5:00 p.�n A refund• u01e 5100.Q0 �leposit is requ�r�s. Documents returned In 9ood e.+�ndltlun (unmarketl Urjd nol mut��nteda �t anvt�mi� up to fivclS2darsaffctrih� biclop�n• inq fo be �c;ns►dttred Ior o re• liirtd Coq,�:t n1 1hi t�3q ve,�ke! including spenticptione and p 'ans moy bc ohtninc� in PDF i formUt oi1 n cOfll6titl diSC Gf MO charse Bids must ae suumfned In seoiQd envrloPes aUdrcssed to '1 thC�lf•I UarkpflheCifyOfSpo kunE Vulley, 11707 E Sarogue i Avenu�, Suite 106, Spokane Val• lev. Woshlngtoit. 99206, an�i rc� cetved not later ihnn Fridav. Febru �rv lat ��D09, I1:W a m local t m^. Bid ovenin9s w�ll be h�)d mrr�diafelv IherQafter und read aloud in the cauricll rh9rnbars at Sankpne Vallev Cilv Hulf pt ihe address I�sieA abov� 7he CitV rdtt��ns fhe rlghf to reiect nnv �nE al1 D�ds oRtf to waive mfnor ir�ey�d�ri• i II� in Ihc±hlddinq urrtcess i 'ntor���ul�o.wl �ppu:•. ;�1 mu��, ufutts un0 5peulicot��ns are oti tite for �nstacs�fon �f Cily ol Spo kane ValtuY. Gfy Mall, 11707 E SPr�gue AvCnu�. ui1� 1p6, S�o- knne Valluv, Wos mgton� 150q1 q21.1000 ChrlsNne Balnarid9e, GAnC 5ook��e Yotlav Cllv C�erk .�u�:, 3cu 3853121 SPOKANE VALLEY Fr 1.11.8 14:29 a PUBLrC NQT�CE FOR INYITATiQl� T� �II� CIlY �f s�a�N� v�.�� �UeuCwn��� O�PA�TI��hIT #ip OB-005 11707 E SPA{�6�JE A11�NUE, SUITE ��6 SPD�A�E YALI.�Y, WA 99�D6-617A No�aoe is he�eby �tr�n that t�� ��ty of Spokane I�a1ley, Spukan� Yalley, �ashingt�on �!U a��:�ept seal�d bibls f�t Spr�lt�ne Valley �id fYt�mt�sr OD� Sjrqkene 11�1ley Swirnming I'�al llpg�ade� Pr��e�t, T�tis pr��e�t �pn- s�sts oI �conslru�ting n�w ��tian�l asp��ts t� isting autdaor �w�mrning �F�er�.l Tax IQ No. 9rt-0420030 fa�lli#ies at�h�� �3� pro�- �ct sitess t�caled in �t��e Ci�y u� Spa�ane Va�l�y, Af FI�AVI� �F PUBLlC�TIOIV W�shin�ic�n F.��#t s�te curr�ntly coa- �ists af a se�sQne�t 2� ST�4TE OF 1NASHIhlGTQ� �Yt+�d ouk�a�r �rnp�titiQn swimming poo3 �nd b�t#�- Caunty o� Sp�lcane, �s. lt�u�e, I�aa#ed w�tt��a a Ciiy park �x�st�n� �yame: Ci ofi S okane Valle Acct: 42385 b&thiious�s will �ec�i� #Y P Y plum6ing rxt��re up- Er��ex �nd otl��r r�i�Qr P.C�.: B�d #08-405 Idv L�fle�: 152 im�rvv�m�nl5, �'h� e�+st- ��g p+�? tanks and �heiK s�ippor#in� systems will To�l Cost: $9G9.fi4 Lot� 11to: SR1535� r�iv� �nly mitr�r ope�a- �iqnal impr�t+�m�ltts, Th� �taw r��estiuna# fia- I, Katie Shaw �it�ti� w�ll npera�� inde do saiemnFy swear that I am the PrincipaE Clerk of the S�OiCES11�fAhi- penden# afi t�� e��s�;n�, REVIEW� a news a er established and re ularl �aoi sy��ms, P P 9 Y P�blished, once ��mG�r I��rN each �ay in the English language, in and of gene�al circula�tion In the Road inc1��� a new of Spvkane, Spokane Coun4y, VII'�shington; and in the City af �ak�F�lid�, ed�itional �rea, mrxt�ahrc�J C�eur d'Alene, Kootenai County, Idaho; that saicf newspaper has r�om, �alhhaus� �,p- been so e�#abifshed and r�gularly published and has had said generaf circulation continuously for more� than six �8� months prior to the �3fd p�r�ing facif �t#es� Sit� iVumh�r 2 Terrasa d�y of July, 184�; that sai�i neuvspaper is printed in an office uicw;�c�u�s� a ne� �a�y maintai�ed a# i�s plaC� of publication in #he City of Spofcane, Ri��r, addiijo��� d�ak �ashin on; that said news er was a roved and desi nated as a a�aa. meah�nical toom PaP PP J ba�hh�use �tpgrad� an� legal newspa�er by order of the Su�erior Court af the State vf r�late� s�ppartin� taciih 1Nashingtan for Spokane Caunty an the �3rd day of July, 1941, and t that said order has n�# been revokec! and is in full force and effect; Site PVurnb�r 3 ''Valley Missian in�ludes a��ro- that the notice atkac�ed hereto �nd which is a part of the proof of ��p#hl'r�ini��Pna( p�blication, was publ�shed i� said newspaper, two time�s}, the ��n�) d� atea, mechfln �al��ation havin be�n made once each tim� on th� followin da�tes: ical room, �athfi�u�� tt� p 9 gradss.news�nit�ryse�r- January 4 8� 11, 20U8 er and w�te, s�rv�� �In�s That said notice was published in the regufar and entire issue af every and �t�er s���u�kin� �a- number ot the 9 Pe p �fl��.l�S a�l i„ a�cQr �n�e paper durin the riod af time of ublication� and ihat with �he �ont�r�ct Ptans, the notice was pu�lished in the n�wspap�r praper and not in a Frav�im►s and �tar�dart� supplement. Sp����ationb. �ap�� o! #h� bid R�cke1 in�lu�ing s�if�atinns and pfans can beab@ain+et� at #�eot gubscribed and sworn to hef�re me at the City af Spokane, this 1 ith f�� oi �!►e �i� of Spa �ane U�II�y P�lall� �fark� day of January, 2008 De�artment, �Y 7�7 E. Spra�ue �Yenue, Suit� ,�-2�r�t� `.�s� a ,f tOf�, Spak,�tte �lali�r, �4Ba��TS. �e 5 �h au�h�� �om fVotary Public in and for #he State of Washfn n� ���C. �:�o a.m. t� S:UU p,m. A residing in Spolcan� County, 1Nashington p �ef�nda61� �10�.Q0 d�- Q ���f Q p�sit ,s ret�uired. On�u� men�s musE be re�urned in� goa� �onditit�n (urt- 1� L' 1 i��rked ar�d n�� m��illat- ed1 �t ar�tim� up ta f��re �1` �11r�B�` (57 �Cays aft�ar th� hid QF V�p` o�ening 6e c�ns�rf�r�d inr t��ur�d. Go�i�s ofi lh� bi� p�ckk�k inclucf�r� sp�ifii�at,irrns and pla�s m�y he a�taine� in PQF format �n a campac# dis� a� na cf�arge. ,�41 bid� m�st �e a��amp�����i by b�d deposit �r� #he fiarm �f a sur�ty band, pa�tal mone}s afd�ra r,�st�. C�sh- ier`s �he�k, or �Ftif ��d �he�k in an amaunt ��u�l 4� frve p$r��t �3�) �f the amaunt of the bid Qr�p�s�. Faiiure fo ft�rnis� a bid bot�d In complla�t�e wit� #he �Ciiy's aid daposit su�ty band farm shalf make t�te bid npn�-res �nsi+te and �aus�lhe bi��o G$ re��c�- �d. �ids must be submitte�d in s��led enveldpes ad- d�ess�tl ta me Giky� Glerk af #�le Gityof Spnk�ae Val- I�, ]�7Q? E. $pr�gue �venue, Suii� 106, 5po- Icane #�all�, Washingtoa�, 99�06, and #ec�f+� nol I�t�r tt�att F���t��e��u- a�_ 1 s� 2�10.S 11:QD a.r1t. lo�al t�me. Btd opQnings �vil1 b� held im- media�ely tiratea�ter and r�� �I�ud in the ���n�il xha�ps�s ai �p�k��te Val- I�y City F�el� at the a�- dr�s ikst�d a6�ve The City r�t�i�s the ri !tt t� r�j�ct ar� an� �I� ��ds a��t�waivemfnoritfe��r� lat�tf� in the bld�ing proces� 1r��Q�m�1lun�l �apies af ma�, Alatrs �nt� �epti- �fi0t�5 8fe On fiifB �bf �n SJf@Ct�Dfi �,j� G� $�70- k8ri@ 'd�ll�yy #I�Z�, 170� E $p�gu� AvenU�. 5uit� 1�6, S�k�r�� Val- i� w�$n�r��o� c�as� ���-�aoo. �hristin� E3�in4r�d�e, CNfC SR�pl�r�a Vaf#�y Ci1� Cl�rk �5�9) 6�d-017� e�r� �ac� SUPERIOR COURT OF WASHINGTON FOR SP4K:ANE COUNTY In the Matter of: PUBLIC NOTICE FOR IlWITATION No. TO BID City of Spokane Valley AFFIDAVIT OF PUBI�ISHING Public Works Depaztment Bid# 0&005 NOTICE STATE OF WASHINGTON )ss. County of Spokane �iICHAEL F�RIFFMAN being first duly sworn on oath deposes and says that he is the �DTTOR of The Spokane Valley News Herald,a weekly newspaper. Thatsaid newspaper isa legal newspaperand itisnow and hasbeen for more than six months priar ta the date of the publication hereinafter referred tn, published in dte En�lish language continuaUy as a weekly newspaper in Spokane �ounty, Washingtor►, and it is now and during all of said time was printed �n an of6ce maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal npw�paper by order of the Superior Court of the St�te oE Washington in and for Spokane County. That the fallowing is a true c�opy of a public nticice as it was published in regular i.ssues cnmmettcin� on the 4th da�y o�.Januarv. and ending the l,�th dav of Tanuarv� all dates rve, and ttwt such newspaper was rngularly distnbuted to its subscabers during all Qf said period: PUBUC NOT1C£ FOR M1RTA110N'Ti0 B1D CtTY O� SPOKAIIE YALLEY PUBLtC WORK$ QEPARTIAEMT 11T67 E SPWI UE AVQlUE� SUTTE 1�8 �S CRIBED ORN to before me SF0IUNE W111E1/, WA 99TD8S124 n�c s�x�� this 11 th da.,.� o nuar�, 2008. �t�i �iR�WiI�U�. 18 �+►�++Y ���+���n����v�a�d State of Washington County of Spokane 8�ds muss! be submitt�s fn ,eated emet�pe�s a9dre�;,� ta Uta City Cleltc et tRt� C'iEy+ at Spo- �e �ne,, t��a E s�„� A,rm,u�, suu� I cer that l laiow or have satisfacto evide�ce tha t s� s�� v�n� ��,d �Y rY ���fad it�f tat�r U�fl FNdsw F��� ,,t Miehael Huffman is the person who ap eared before Bid wU] e�n����m��py i�1AE f�y me, and said persan acknowledged t he signed ��^������6�ss�v�►c�►+taa �j��, this instrument and aclanowledged rt to be his free at the a�dr�s Ust�d anove. Thn C�ty ratat►ts ih� �ttp.��Y�����w�.���,m„�, and voluntary act for the uses and purposes men- tioned in instrument. R�+qfl,� v�►3 �e s �pTARY fias2io�s en fdo fAr i�s�i�n at Ci r�t SP�n�s V�tI�. Crry Mall. '0i7�DY E Spr��a Avenua. su(ta 10t�, Spak.�rxf V��luy �Y�hingt�n� �ti+— �jl l ibiIBA�F-1;A�, s S c�►� sar�a�, cMC .9 p Jolene Rae tz s r�� �r�,,► c�cy r.� l► '���.!a,y, t e?� �e�► Tikle: Not P lic i W A M a oin en e ires: 5-16-11 1 Y PP '�P C t: ST�TE OF i��1Sffi��TO1�T KING C�U�T� pss. 218950 No. C1TY OF SPOKANE VALLEY Affid�vit of �'ublication The undersigned, on �oath,states, that he is� an authorized representative of The Daily� Journal of Commerce, a.daily newspaper, wliich newspaper is a legal newspaper of general circuladon�and it is� now and has been for niore than� six months prior to the date of publicadon hereinafter, referred'to, published�in �the�Engli§h language continuottsly as a daily newspaper in Seattle, King Cotuity, Washington,, and it is now and during.all,of.said time was printed iu an o'�ice maintained at the.aforesaid place of publication of this newspaper. The Daily Journal �of Commerce was on the 12'� �day of June, 1941, approved as a lcgal newspaper by the Superior Court of King County. The notice in the exact form annexed, was published in regular issues of The Daily� Joumal' of Commerce, which was regularly distributed to its subscribers during the lielow stated� period. The aanexed nodce, a BC:SWIlHMING POC?L UPGRADES was published on O1/04/Q8 O1/11/08 The amount of the fee charged for the foregoing publicadon� is the �sum of Z59.00, w}iich amount has bee��sit� �iN'Rtl��� 4 �,R A P i ``��'������gSION Ex,o� :;��►9',. G,� 4 NoTaRy Subscribe nd swo o efore �me on —o O1/11/08 i��' i 'g' T 2 4 �p @,S ��i� f�' �Not P res d n t neSeattle f Washington, A�davit of Publication� i S�t� of �V��g�o�, I�� Co�nt� �City �f ��iokane Valley �Sw�mming poal i 'Upgrades. �co,��ct Bfd Datp: Feb.1 Pt7BLTC NOTICE FOR .INVITATION�TO BID CITY OE.9POHAIY� VALLEY'- PUBLIC WORBS` DEPA�iT�NT BID 08=00b 2�1?O7�E'SPRAGUE'�AVENU�; �9UITE 106 I 9POKANE,VATaLEY, WA 89806-61=89 i Notice is hereby.givsn 6hat�the� i City.•af 3pakane,Velley, _5pok '�ane ;vauey, wae�gcoa� a�eFti, c eaaied-bids for Spoltane:�alley 8id iNumb�r'08�005; Spokane V�lley; Swimming'Pau1�U�g�desrP`rcjecL 'This pro�ct caneista of caustnuct-' ling itew recrea�iQnat aepects ,toj emetiog autdoor �wimming i ties �at 8=eaab 'project sites lbcat• 1 ed in the �ity:of Spokarie �allay We,st�lington. I Copiea of'the�bid p�cket iilclud-; ing-sperificatiions and plan� c:�n be', -ali��iaed, at��he of�ce -of t�,e City- �o��9pokane Valley Pu61ic��orka� �Department, 1�17,07 E. Sprague Avenue; Snite, 1n6; 'Spok�ae� C•\7alley; Wgsbington 98?A6. 'Y1�iond'a'y tYi�ougli Friday "fiom'l, 8�00 a-.m. �c� A refuad-, ciepooit�ia-required:' Doauments�xetumed in�'good'con- �'dit�on (unmarked and' •aot muti- lated)• at� anytimeMup to five. (5) dayg.•.sRer the bid o�eny:ag to �e i coneidered £or a i�fuad, Copies�of '�t?ie'birl �pactcet-includiog speci�ca• ;'tione aail plaots�muy be obtaisseil. in PDF forQiat ori>a`aompsct diac at no,charge., Bida muet� tie submlitted .in �,sea2ecl �nr►alape� addresae��totlie Gity `Clet'k ,of'the� City of'8po�tae. ;,Va11ay� ],170? E.�Sp"r'ague�Aveaue; ��9uite� 106, Spokane V�iQey, Wbshi.ngton,• 9920�, aad"r,e�sved l nat latei,t�ian Fridey; Febrin�y lsL, 20a8� 11:00 a:m. l�al tme. Bid apeninga a►iU tte held.i�a di- atelythereaft��and'read alo��ip tbe c�uncil'chnniber�a at �po e Vsiley City �Hail at the a�i lieted ,a�ove: The City re�aia rightl�o xejec� ai►� aad all �idand 1 to �raiv� minor uregiiteu�iti.��,iii t�e bidding procese: informa�ional- copies o`f rqpg,' plans and specifc�itiarie:are a�'ile for inspecc�ioA.at City� of�Spabn�` Valle�, City Hall.1170? E Spr+�ue IAveutie� {guite-1�6, S''pok�rieVdleY�� �Nashingt�an, (548j 921•1000... Chri,s�ine Baiabridge,' CMC Spokane Valley `City"; Gler� {609);688•017? Dates af� p�lfi��i�n in Ehe Seattle Daily Jownal of Commerce. January 9 arid 11, ZOQS. 1/11� 1� City Of Spokane Va11ey Washington er word Total 11707 East Sprague No. Words at .p Spokane Valley Washington 99206 No. Lines at Qer iine Total Attn: Chris Bainbridge No. Column in at 4X 8usiness Card +ad �70.00 per Spot per CO�. ��1. Total 280.00 AFFIDAVlT OF PUBLICATi�IV STATE OF WA$HINGTON, County of ,SS. PUBUC NOTiCE FOR INViTATiOM TO BID Keliy McGillis being first duly CITY OF SPOKANE VAl.LEY PUBLIC WORKS DEPARTMEidT BlD 0&Q05 swom, says that he is the Ctassified Ad Manager of the 11707 E SPRA(3UE AVEMUE, SUITE 108 Joumai Ot Business which is a news SPOKANE VALLEY, WA 99206-6124 pubiished and issued B+- Weekly regula�ly at Nai�ce ts hereby givan thai the City of Spak�ne VeQey, Spokane i Spokane county. Spok�ne C�ur�ty, Vrtashingtvn wrli accept ss�ed bids far Sp4kane v�llsy Bi� Number 08-Q05� Sp+�kar�e Va�fleq Sw�rn- State of Washington and is of generat circulatlon in said county and stata. mlr�g Poot Upgrades Rrojeat. 'Fh�s project cons�st� af con- Classi�ied ad siructing new reereational �R�ts to ex'�sting outdoor that the swimming tactili��s ai thre� (3) pra�ect s�tes located 1n the of which the one hereto City af Spakane Vall�y, �ashington. attached is a true and co�rect, was published in said newspaper Each sfte currently Cor�ststs ot a seas�anal 25-yarri outdoor q compet�t�or� swirrrm�ng po�t si�d b$tlihouse tocated within a onoe a week Eor City Psrk, The exisiing balhhatises wllt raceive plumbfng �ix 2 consecutive times. ture upgrades a��d other mmo� �mpravem��ts. Th� �x�st�ng w�ks, being published Oa pool tanks ar�d their suppc�r4ing �yst�ems wiU r+E:cetve anly �irst publication being on the day of January 20 minar opsratronal impm�v�trtents. The new recreatlwtal t� and the last on the day oi February 20 08 cf IiNes w,ll operate indepandent of the ex�stirmg poo) systems. S�te Number 1- Park Road includes a ns�u Wateralide� ad- ditbnat deck ar�ea, me�hanir.�t roam, bal�hhouse uR9�d� That said notice was published in the regular and entire issue of every number of and relatsri supporting facilities. said newspaper during said period and times of publication, that said notice was Site Nutnber 2- Te�rac8lf(�w �ndud�s a new l�zy River, ad- ublished in the newspaper pro er and not in a supplement; that the charges d�ional deCk �rsa, mechanical n�m, b�thhc�use upgr�des p p and retaled supparling facifftles. heron made are at tfie �egular rates charged for such advertising, and that the Sits NumUsr 3- Valley Missi�an fnclud�s a�ro-Qspth Tra�n- same or any part thereof has not been paid. ing Pnal, addlttonal d�ck area, me�lzani�al room, b��thhouse upgrgdes, n�w snnitary- s�wer and water service lines and olt�er su�p�riing �aciliiles, �11 ln $cc�rda,�ce with th� Con- tract Pl�ns, Prov�sions anti 5tandard �pscificatior�s. Copivs Su �d swom ro bsfore me this 14th af Jan 20 08 af thg bid packet Indud�rtg speclfieak(or�s and plans can t� nC�t�ine� �t trt� �Kce oi the City af Spvtcan� Va!!ey Publ�c Works D��rtm�nt, 117�� E. Spragus P.v�n�a, �wte 106, Spokane Vaqey. Was���gtdr� 992A0. Manday throu�h Fri�ay from 8:(� a.m. to 5:Of3 p.m. A refuncl�bfe �1t}O.Q� depos�t nc ts requir�d D�exrrnents m�ese be netumect in ga�d c�nd�tlan No Pub1iC in and tor State ot Washln n �unmarkad ar�d rat�t mtrtiiated3 at anytime up to fnra ctays LLE ,J at�er the ��i op�ntng to be c.�n�ider�d F�r a reti�nd. Cap�r� ��G d of the bid pecket mcludmg speci�ications and t�lans ma� t�e Q��SS14N A f�� obtalrt�d lt� PQ� f+�rm�t a�rnp��l c�i�c: �i r� ch�r�e.. Afl 9� b�d� nnust be ac�;ampant�d e bttl deposlt in the for�r� of a V� N V N Residin at 7v'� W s u r e t y o o n d. p c j s t a) m o n� y v r t i� r c�' t, t s hicr' s c��e k, or 9 d��� u ��t Z13+�d �t��c l� ir� an am�unt ���al to �iv� p�rc�nt 5°�a) o f ���'Ug L 1 C thC 8m0ut�1 Of the b�d praposad. Failu►� to iufnish bic� y Z bartti �n c�mplf�r�e with ti�� Gti#y� b�� d�Ra�it sur�iy b�nd 15.Z� Snrm shal) r�a�k� 1he bcd n��a-resp�r�sive and caus� i�e �ic� Co ���asH�� be re}e�ted. p Bids must be aubmittsrt �n se�le4 envet�pes ��t�r�d te� the Ct�y Clerk of the Cily ot Sp�kan� V�iC�y, i 17U7 E. Spragus Avsnue, SU�ce 1 Q�, Spokar�e V�ll�y, Wlfashingtas�, �J�'08, SiK! r�aewed`rlot 13te� than Friday, February 1st, 20�,1 b0 a.m. #ocal time. �id apQrtings will be haG im- mecliately tl��aher and raacl al�uC� ir� �hs c.��tnc(I ch�m�rs at Spnkane 1Yaf�ey City Hall nt ths erldr�ss tlsted �bov�. Th� Clty ret�fns tt�e r�lgt�t to rsJeck �ny �r1d all bids and to wah�e minor irregul�nties iry trie biddirtg proCess. Ir�r�rmation�l �pi� of m�ps, pl�ns ar�d spe��icat�ns are on fiIg fiar inspection at City of �po4c�r�e �/alfey. City Ha11, 1 707 E S�ra�ue Avenu�, Suite 1t)6, Spo1�n� V�IS�ry, WA. (5t391921- �t U00. SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Niatter of: PUBLIC NOTICE FOR INVITATION No. TO BID City of Spokane Valley Public Works Depaztment Bid #08-009 AFFIDAVTT OF PUBLISHIl�TG (S�n�imming Pool Upgrades Project) NOTICE STATE OF VVASHINGTON )ss. County of Spokane MICHAEL �-NFFMAN being first duly sworn on oath deposes and says that he is the �p�TOR of The Spokane Valley News Herald, weeklynewspaper. Thatsaid newspaper is a legalnewspaper and it is nowand has been Eor mnre thansix manths priar to the date of the publication herein�fter referred to, published in the English language continually as a weekly newspaPer in Spokame County, WashingtQn, and it is now and during all of said time was prinbed in an office m.�intained at the aEoresai,d place of publicatian of said newspaper, which said newspaper had been appraved as a legal newspaper by order ef the Superior Court of the State of Washington in and for Spokane County. That the following is a true oopp of a�i lic nqtice as it was published in regular is"sues maunencing on the 15th �a of Fe ,ar�. 2�OS and ending the 22nd d�of Februa�}►. 2008 all dates incl' 've, and that such newspaper was regularty distribubed to its subscribers during all of said period: PUBUC NGZiCE FOR INVTfAT10N TO 8ID PUBUC WOPKS OEWIRTMENI' 81b �1 6 117� E 8pRJ1GUE A�VENUE, SU1TE 10� SL�S�BED and� fi to before me $POKANE VALLEY wAS�zns�s�u �.is 22nd dav of ruatv, 2008. f�tallst► h�raby gtvan ma# lhe City W Spo�ne �i ��e�rroy a,'a�ivun,� State of Washington oe-nas. g�ne vaisay sv,u�,��,� aoa u� Coun of S okane ���i rn�: �o�� rY P et aonsfruGting qew r�eatGsnn agpod� to ez:sttnp oulda�r swwlmmhtg ta�tiUaa 3�eaCh Icertify thatI know orhavesatisfactoryevidence that prqje�t �es la� tn !ha G1y ot Spa�nc� �al- ��v, �«�r� Michael Huffman is the person who appeared before me, and said erson acknowled ed tfiat he si ed a� e�� ��s� n� ��r �E �y P g 8� ��rs��r�ov�r��a,�a, G F� thi,s i,nstru.ment and acknowledged it to be his free �4707 E Spr�unAv�ue, S�tb 106, Spnl�rnp'7 and voluntary act for the uses and purposes men- liailay. 1�N'a�hinpton 9$2QB. Mo�tday throUgh �vv a��s's��.no ��equ� co�a�o� ��oF honed in e instrument. N T a,sc Ro cha�. pU81•�G p �a��.�= a �S. 8td� enu�! b� c�u�rniit�t m sealed di�va1o�os �o o«, cb►� �r tn� a�► d s� 0 jolene Ra entz I�no v�oy. t ra�7 �trague Ara�►tco. s+n�m ,'•••'�q y t 8. s�ar►� v�y, w�rtm�co�. ss�, �,o Tide: N ary Put�lic tec�v�d itW. tat,�l tlLhfl F�I�I� fObn�t� 241h zoos. �t:oo..�. c� ��s,�,3 F w Ag IViy appo tment',expires: 5-16-11 be fcgtd rmrnesiaalely ���sltcr and re� a��ai �n �er,�unt�i�mbsr��Sp���i��eyt;►tY� il et tR� �ld�esa t��etf uttava Tha G!y ralutns tho t! a8hi t4 re�xt pny and r�tll b�ds ars� Uo vr�ive mircar �:J aregttlan� in thc �:s�ng pra�esa. Infarrtatlarral �c� sf Plans and sp�. mt�s ara on hla t� map� as Cfty ot Spo- k� 1�`allay; City I�aU,11�Q7 E 8�raguoAve�nue, Sutt� 10�, s�alSane �IIsY� wasl�iMr9�• (�l sr���000. ca,m� ��aa �a�. �Maimo ea�nbrislge. c�utc S�rsA 1i�fleyC�ly Ck�lc pub�W►• Feb 76. and �008 PUBLIC NQTICE FQR INYITATION t0 BID CITY OF SPOKAME VAIIEY pusuc woR�s aEP�a�- ME�1T BID 08•009 f1107 E SPRA6UE AVENUE� SUITE 106 SPOKANE VAU.EY, WA 99206-6�14 Notice as here6 Biyen that fhe Ciry of �pokane Vailey, Spok�ne Vallry. Washin$fian will acc�ep! sealed bids tar Spokarte Valley 91d Numder 0& OQ�, Spakane Yail�y► Sivimming Pool Upgrades Proj��1 �Re-Bid1. This prolect consists �f t�n- structing oew recreation- �I as�ts ta existin� 6ut- daor swimming facilities at 3-eacb roject sites io� �te� in t�ie City oi Spo- ''Federal Tax ID No. 91-0420030 kane Yalley. Washington. Gopies nf lhe brd pacM�t including specrfications AFFIDAVIT OF PUBLICATION and lans can bs �b- tatne�at the o�tice of the STATE OF WASHINGTON C��y of Spakane Valley Pu 61iC Wo�ks Department County of Spokane� ss. 1 i�oa E. sp��ue ave� nu�, Suire l�GG, 5pakane Name: Ci of S okane Valle Atxt: 42365 Valt�y. Wash�ngian tY P Y 99206. Manday through Friday from 8:00 a.m. to p,0.: No. Lines: 84 S:OA p.mo A non- refundablB s5a.00 d�p�s- �t is re�uir�d. Cn�res o� Total Cost• 539.8 Log No: SR15670 the bid packet includin� specit�cation5 and plans may be obtained in POF I, Ruth S ivan format on a compa�t disc do solemnly swear that I am the Principal Clerk of the SPOKESMAN- at no chaEge� REVIEW, a news a er established and re ulart BidS must be submittes p p 9 y published, o��e �n seat�d �m►efopes ad- each day in the English language� in and of general circulation in the dr�ssed �o the Ci�y Clerk City of Spokane. Spokane County, Washington; and in the City of oftheCityaiSpohaneVal Coeur d'Alene� Kootenai Coun Idaho; that said news a er has ley 11707 f Spr��tte tY P P Avenu�, Suita 1�6 sp�- been so established and regularly published and has had said general kane Yalley, Washmgton circulation continuously for more than six (6) months prior to the 23rd 9920�� and reQeived n�{ later thBR ��da� Febrn day of Juty, 1941; that said newspaper is printed in an office ary zsth� 2�081 1 f:o� maintained at its place of publication in the City of Spokane, am. tocal time. Bid 1Nashington; that said newspaper was approved and designated as a op�nings will 6e held im- mediately fiher+e�fter snd legal newspaper by order of the Superior Court of the State of reaa aloud in the counc�l Washington for Spokane County on the 23rd day of July, 1941, and ct�ambers at Spokana Val- that said order has not been revoked a'nd is in full force and effect; ley C�� Nall at tfire ad dr�ss listed aboue. The that the notice attached hereto and which is a part of the proof of City r�t��ns the n�nt to publicdtion, was published in said newspaper� two time(s), the �eiect an� and alt bids ublication havin been made once each time on the followin dates: anA to wa�v� minor irre u- p 9 9 lerities in the bidd��g p rocess. February 15 22� 2008 tnfarmational copies nf maps, plans and speciti- catfons ar� an file for in- That said nofice was published in the regular and entlre issue of every spe�tlnn at City, oi Spa number of the paper during the period of time of publication, and that kene V8118y, C �ty Hall, the notice was published in the newspaper proper and not in a 11701 E Sprague Avenue, su�te 106 Spokans Ya! supplement. Iey, Wash�ngtan, (509) 921-1000. Gontact Darla A�rnold 5fl9-�86-0245 Subscribed and swom to before me at tt�re City of Spokane, this 25th day of February. 2008 Ghrisline Bambrtdge. V/l�/ CMC Q �gsioN c 5pokane Vall City Clerk e -t-, �i� �ubfish: Feb and 2� ary ublic in and or the State of Washingt c,� 2QQ8 SR15674 v r� y N residing in Spokane County, Washington N� ��m �'L'RLIC o ,12 °�wAS���'�' 1 City Of Spokane Valley 117�7 East Sprague No. Words� -at per word Total Spokane Valley WA�99206 No. Lines at Qer line Total Attn Chr�s Bainbridge No: Column in at 3X Clessified Business:Card Ad per C01. In. Total �2�0.00 A�FIDAVIT OF PU�L.ICATION STATE OF 1�/A�SHINGTOfV, County of ,SS. PUBIIC iVOTICE FOR Ii�11llTATIOI� TO B!D Kell McGillls Y tieing flFst duly CtTY OF SPOKANE VALLEY swom, says ihat,he is the Classffled ad Manager oi;the PUBUC WORKS DEPARTMENT�BID Q8=009� Jbumal OlBusiness whiCh IS-a Lacal News 11707 E-SPRAGUE AVENUE, SUITE-1,06 8�- weew newspaper published and issued Y regularly at SPOKANE VALLEY,. WA,99206-fi124' ;Spokane i� Spokane ,count y ��loti+ce is hereby g�ven that the C�y of Spokane�Valley� State� ot `Washington -and is of ;general circulation in said county� and state, �Spokane �Ualley. Washington'wiill at�ccept sealed �blds for that the Classified ad (Public Worics Invitation�to Bid #t08-009)_ �Spoka�t,� Valley, Bid Number 08-009;Spokane Valley� Swimm�ng Poo! Upgrades Project (Re-Bic!}: This proj- of whicii the one ,hereto ect conslsts. of cohstntc�ng newYecreational.aspects attached is a.true and correct, was p.ubti�shed in said newspape,r to exssting outdoor�swimming fscilitles at 3=each proj.- Once a week for 2 ect sltes located in ttie�City of,Spokane Valley WA. we8ks,, being published ��e consecutive times, I�Copies of.tMe tiid packet.fncl�ding specifications and first publication being on the -2�St day af� February gp, O8. plans can be obtained at the office of ifie,City of I Spokaine Valley Pu�ilfa �Works Oepartment,.1�,707 E. and; the last� on the 4 day of �March 20 'OS Sprag�ie Avenue, Suite� 108. Spokane Valley, W�► i �99206; Morlday thr,ough; Friday from S:t�O� a.r"r�. �to 5:00 ;�That said notice was publislied in� the .regular and entire� issue.,of every number of p.m. A ncri-t�fundable $50.00 deposit is requir�ed. said newspaper`during ;said period and times, of publication, ttiat .said notice was Copies of the bld packet ii�cludirtg �specificatfions and j publlshed in �the newspaper proper and ,not in a supplement; _that the charges plans may�be obtainerl�in PDF fomnat o�,a compacc disc at;no'charge. .heron made.are �at the regular rates charged �for such advertising, and �that the Btds must�be submitted in sealsd envefop�.s:ad- same or any pa�t`thereof•has not-been paid. dresseii to�the�City Clerk ofttie City af,Spokane Valtey; �i�. �0 S ,'11"707 E Sprag�te Avenue;�Suite 106,•Spokene Valtey, Washirtgto�, ,S920fi, and.receivetl�noflate�than'Friday, I �Sutiscribed and swom'� betore me thts 2 St dey Febniary 08. I F.ebrt�ary 29th� 20D6;11:00 am. tocat time. Bld open- '.ings will be�fie�d immedietel.y thereafter and read afot�d 1n the coun�il cl�rribsrs at Spokane Valley City Hall at� I theadd�ess tlsted atiove. Ttie City r�etains the right•to reject any�and atl bids and to�walve minor irregularities ���LE J 0 Nota bf�c tn�and tor�ttis te o Wasti fn the bidding �process. 1�C�� F�A Infomna�ortal oopia� of maps, plans�and�speciflc,�tions ��o� N(�TARY 9 C �j are on�fil�a for�ins tion at C� ot S� karie Valf v �n Pe� �Y Po c���� City Hall� 1'1707 E_Sprague Avenu� Sttite i Ofi; p V O Reslding at Q� G� S kar�e Val I� WA 0.9 921-1 000: r r� P� .�Y, O CarYtact Darla �Amold 509-fi88-0245. UST 15.� �F WAS���