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11-093.00 Poe Asphalt Paving: Broadway Ave SafetyContract THIS AGREEMENT, made and entered into this day of , 2011, between the City of Spokane Valley under and by virtue of Title 35 RCW s amendtd and Poe Asphalt Paving, Inc., hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Broadway Avenue Safety Project Spokane Valley Contract #11 -015 In accordance with and as described in the attached plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Spokane Valley. II. The City of Spokane Valley hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City of Spokane Valley by reason of entering onto this contract, except as provided herein. Broadway Avenue Safety Project Contract Page 1 of 2 �y , , i l_O9 IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the City of Spokane Valley has caused this instrument to be executed by and in the name of the said City of Spokane Valley the day and year first above written. Executed by Contractor LdI L4 — 1 , 2011. Date -- �3w cry Broadway Avenue Safety Project Contract Page 2 of 2 City of S okane Valley sO`j Py Contractor Agreement Special Conditions (Contracts More than $10,000) The undersigned agree to the following special conditions as part of the Construction Agreement between Poe Asphal Paving and City of Spokane Valley contractor owner. 1. Section 3 Plan and Tables A & B 2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity 3. Standard Federal EEO Construction Contract Specifications (EO 91246) 4. Executive Order 11246, As Amended 5. Compliance With Federal. Regulations (additional clauses) 6. Federal Labor Standards Provisions 7. Federal Wage Decision # WA '100001 dtd 0611712011 , Mod # 22 A copy of each of these special conditions is attached to this agreement. Agreed to on k 1 .0at by: y� Contractor -1 11 t Date 7Y;LrL� Owner l/ Da e Woman Owned Business? NFU Minority Owned Business? _!U REDACTM Contractor's Federal ID Number: 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 C: lUsersl kknutson \AppData\LocaRMicrosoft\WI pursuant to RCW 42.56.550. FileslContent. Outlookl7G6MLDEZ IContractorAy,fjfV[IIUIu tZ1.coc CONTRACTOR Section 3 Plan — F6E� QSPt -AA l� E-�LVl�4 agrees to implement the following specific affirmative action directed at increasing the utilization of lower income residents and businesses within Spokane County. A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the County the necessary number of lower income residents through: local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as the U.S. Employment Service. C. To send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or understanding notice of Section 3 requirements. D. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. E. To insert this Section 3 Plan and the Section 3 Clause in all documents, and to require all bidders on subcontracts to agree to this Section 3 Affirmative Action Plan including utilization goals and the specific steps planned to accomplish these goals. F. To insure that all appropriate project area business concerns are notified of pending sub contractual opportunities. G. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. H. To list on Table A, information related to subcontracts to be awarded. I. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. As officers and representatives of - asp 14 /-L- t We the undersi ned have read and fully agree to this Affirmative Action Plan, and become a part to t.*fyN'i*lementation of this program. &&A cl Title --)[�Iu Date MIU-J -712ok Date NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) CONTRACTS OVER $10,000 1. The Offeror's or Bidders attention is called to the "Equal Opportunity Clause ,and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority Goals for female Timetables participation for each trade participation for each trade 2.8% 6.9% These goals are applicable to ail the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractors compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractors goals shall be a violation of the contract, the Executive order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to Spokane County Housing and Community Development Department within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Spokane County, Washington. PROPOSED SUBCONTRACTS BREAKDOWN - TABLE A For the period covering 20 n( through �- • 20 4((Durn of the CDBG Assisted Project) COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 Type of Contract (Business or Profession) Total Number of Contracts Total Approximate Dollar Amount Estimated Number of Contracts to Project Area Businesses" Estimated Dollar Amount to Project Area Bus inesses* "92 - OD rlq 7l I I I t OQ 1 - 1 - 9 Z - D to I r-n 1 t o 3 1 z -a 1 6 q n La,n I 3 0 - oo a �, . cm .I ► 7 )43. 8 ` C AJ k 4 1 arl o . 6b i l Z 290 I Is5q 0 l o o .UZ) PA 4 L) l - 11. 6L I l v NOTE 1: The Project Area is coextensive with the Spokane County Boundaries. NOTE 2: Lower Income Project Area Residents are Individuals residing with Spokane County whose family income does not exceed 80% of the median income in the SMSA. C-4- I- �>- Zo- a1%D�1- Project Number -1121,( Date � — Pbr , aSPP X of ( R AJ t --:E t5C. Company PRELIMINARY STATEMENT OF WORKFORCE NEEDS TABLE B COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 Job Category Estimate of Positions Needed Positions Currently Occupied By Permanent Employees Positions Not Currently Occupied Lower Income Project Area Resident Goal OFFICERS /SUPERVISORS PROFESSIONALS Z- Q) C� TECHNICIANS OFFICE CLERICAL OTHERS TRADE: oPm A rov2 -S JOURNEYMEN 5 5 -- 0 d HELPERS 0 D D APPRENTICES MAXIMUM NO. TRAI NEES 0 O OTHERS TRADE: LA JOURNEYMEN LQ 1 0 O Cp HELPERS APPRENTICES MAXIMUM NO. TRAINEES OTHERS TRADE: IfArn C JOURNEYMEN LQ 1 0 O Cp HELPERS APPRENTICES MAXIMUM NO. TRAINEES OTHERS NOTE: Lower Income Project Area Residents are Individuals residing with Spokane County whose family income does not 80% of the median income in the SMSA. ® DATE (MM/DD/YYYY) �`� v CERTIFICATE OF LIABILITY INSURANCE 7/8/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Della Allen NAME: Stonebraker McQuary Agency H ONE El 758 -5529 ac No: (509) 758 -5311 616 5th St. AD DRESS :dallen @stonebrakermcquary.com PO BOX 9 PRODUCER 00006937 CUSTOMER ID Clarkston WA 99403 INSURERS AFFORDING COVERAGE NAICIf INSURED INSURERA:Phoenix Insurance Company 6161 INSURER B :Travelers Indemnity Company Poe Asphalt Paving, Inc. INSURERC:Travelers Property Casualty Co PO Box 449 INSURERD:State Insurance Fund I Lewiston ID 83501 I INSURER F: cnvGCACGC CFRTICIr`ATP FJI IMRFR•10 /11ALL RFVISInN Nl1MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A D IN SR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rx-1 OCCUR X Stop Gap Liability X D TC01537P996PHX10 11/1/2010 11/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300, 000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OPAGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS T8101537P9961ND10 11/1/2010 11/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY dent) D AMAGE (Per accident) $ X X Medical payments $ Uninsured motorist combined $ 1,000,000 C X UMBRELLALIAB EXCESS LJAB OCCUR DTSMCUP1537P996TILIO 11/1/2010 11/1/2011 EACH OCCURRENCE $ 4 H CLAIMS-MADE AGGREGATE $ 4,000,000 DEDUCTIBLE RETENTION $ 10, 000 $ X $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED7 (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below N/A 78551 10/1/2010 10/1/2011 WCYTATU X OT LIMITS I E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor alters the coverage afforded by the policy or policies numbered in this certificate. City of Spokane Valley as additional insured regarding Broadway Avenue Safety Project as per form CGD246 08/05 - attached City of Spokane Valley Public Works Department Capital Improvement Program 11707 E Sprague Ave, Suite 106 Spokane Valley, WA 99206 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE la Allen /DELLA vt Q ° �Z ° °—=-� ACORD 25 (2009/09) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200969) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; Ill. The names and addresses of any injured persons and witnesses; and III. The nature and location of any injury or damage arising out of the occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Washington State Depart ent of Labor & Industries Verify Workers' Comp Premium Status: Account Information Did you know ... ...that under Washington State law *, you may be liable for the unpaid workers' compensation (industrial insurance) premiums of any business you hire or contract with? ( *See RCW 51.12.070 In the construction industry, you can protect yourself from liability for your subcontractor's unpaid premiums. Click here to see what you have to do. iry" fill contact Us 0 Printer - Friendly Version ® New Searc h ® Contractor Trac king Searc h EY L&I will track a contractor for you and tell you if their status changes. If this is a contractor whose premiums and license are current, a "Submit Contractor Tracking Request" link will appear in the certificate below. Click it to fill out a Tracking Request. If the contractor fails to pay workers' comp premiums or renew their contractor registration or if their electrical contractor license is suspended or revoked within one year of the start-date on your tracking request, L &I will send you a notification letter. Results for account: 191,377 -00" shown Account #: UBI #: Business: Search below. _LL_ ck Department of Labor and Industries Employer Liability Certificate Date: 07/o8/2011 UBI #: 409 018 683 -- Check for active Department of Revenue tax account. Business Name: POE ASPHALT PAVING INC Legal Business Name: POE ASPHALT PAVING INC Account #: 'Doing Business As' Name: Estimated Workers Reported: (See Description Below) Workers' Comp Premium Status: Licensed Contractor? License: Expire Date: 191,377 -00 POE ASPHALT PAVING INC Quarter 1 of Year 2011 "11 to 20 Workers" Account is current. Firm has voluntarily reported and paid their premiums. Yes -- Get contractor's license history. POEASP *333NM 11/27/2011 Submit Contractor Tracking Request here to be notified if this contractor's premium or license status changes during the next year. Risk Classification: Get risk classification information. Experience Factor: Get experience factor history. Account Representative: T2 / DIANE MCCOY (360)902 -4822 - Email: MCCD235@lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 48o hours of work per calendar quarter. A single 48o hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190 Back To Top A , Back ToTop Vices @ Washington State Dept. of Labor and Industries. Use of this site is subject to the laws of the state of Atk ivasiingwe Washington. c - SW-f r_�,MlrlrrrE�0;• *�A# CONTRAG'l RIS PERF ORMANC'E AND PAYMM MM TO DUAL O)UGEE9 KNOWALl,MWByMMpEE M,dW Poe Asphalt Paving Inc. (C l 85 pjbxhw� W Travelers Casualty and Surety Company of Americ —omft Suet} a odtpotmioa of Connecticut whom P ofte is jotgedai 707 W Main Avenue, Suite 300, Spokane, WA 99201 , ftAMalybo=dtaito the Skate, of Wasbbgtoda and the City of Spobuo►e Vary, a pttlit W subdlv9siaa ft stM* of Wasbi 0m, as OftetS, m fid8ll the obligWow of the Principal and the Smely wt 4a tbo Coaftad roc V60h refultMe is hMVrAW Made, hl to amarmt of $ 012, 469.73 (mcla ttg Waehizwm state piles tai) far peymeut vrhwd Prioal d wDA Sw%V bad thetnsezves, 6* hairs, mtemtnas, &ftkMU1tw% se, sass coed nesW a jointly and saver*. fiimiy by these pmsen% WIEMtEA,% p bs byvrriM p dtfod June 29, 2011 offmad to anger ho a coshed with the Ui y o£ Spdbq* Vey far CornEoaat Na. l 1-0 p to the tmms aadd oosoddiiinns set fit m the Cotatraat Dmi aet dwxd June 29,20 NOW, i OWr:, flaw coadidm oftlaiii obligat = is each that if the Pr?oat ipal ftll Adddd) +pat= at the VMV1d= of the Cam= CC its perk, and pay ai htbctxore, mecbtmica, wbc oaa mfld mderid sWppliare, end dlpmwm who supply mxh pesos or persons or xftw*sMm w#h pttovis mA and supplies ft the cuqft an of stub wm% Md iaod=mtfy gad hold hmmima tha Ob1igm Snm an loss, soft or dsoaW which it m a y sins by reason of fbua SO= to do my of the f ogdmg, In Ws oblippdm shall be mg and void; offinviae it ttW t anaaln in trill fosoe mad COM Ail persons v+bto bltiva it>r dih d labor, matberdiab or aupplioe & ttae qua maid about ft woeticpt+ovlded 1w in the Cotytract sh811 ads�eotsig#y4 of actiao�tmdex bond,fo the etteot�d seRBath inRCW 39,08. The add Smiq £odt value rowbW hemby stipulates ad eWeos that no eheage, maujian of *A aAlbmda4 or add dm to rho tat= of the Cm*act ar to the WORK to be peakaaaed tturamda or the iC,AITIM wwMPMwh* the same obeli id any way a0d hs obl*gjcn on this BOND, sad it does hereby waive w&o ofaay such dvaM em msiau of tbe, ahmod a or aMiaiom to the terms oftbe Cozad or to to WORK arto the SPMMCATIONS. BONDNO. 105593729 No fiW wdme t between the OWNER and the CONTRACTOR" abr * the right of a wbmeftlary bmwder, whose cidm may be wsadded. 8IC3NEla AND SMUM TM 8th ppy OF July yEAtt 20 Travelers Casualty and Surety Company of America Poe Inc. sv>► � ax ���i 3 12� arol J. McBride W Fact Title (MAL) Js VICE PRES . Title E WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No 223336 Certificate No 004101436 KNOW ALLMEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Cheryl Ashby, Della J. Allen, James M. Hewitt, Karol J. McBride, Lisa Smith, Phil Stonebraker, Vonda Hall, Robert E. Keller, Sharon Slaybaugh, Roland Thomason, Susan Rigg, and Don McQuary of the City of Clarkston , State of Washington , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, 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 performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any or proceedings allowed by law. i ; � ; ^' 28th J IN WITNESS WHEREOF, the Companies have caused this instrumen to be signed and their, corporate seals to be hereto affixed, this da of February 20 11 3 1 * y - Farmington Casualty Company a � s * a St. Paul Mercury Insurance Company Fidelity and Guaranty Ins irance,Company> r ' Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G�SUq� qv.•. Y Ft0.E 6 \�' IN 's(/ a� t q `\. J p�tY A/yG 1y6__"`. 11`W' g D �� o ��•.. J �tiSBALiD ;, �o � d • tiN ! �� '�m� �!S . A� fs ..- ....rte `b • ,,N� � AN1 w.. State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 28th day of February 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, 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. G.TII'T In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. pi/BUa # Mane C. Tetreault, Notary Public 58440 -4 -09 Printed in U.S.A. WARNING: THIS THE RED WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Conepany, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian' Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United'States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Umt�ed t es Fid 1 0; d Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which-A in full forte. e and effect and has not been revoked. .cam. s 1 �� IN TESTIMONY WHEREOF, I have hereunto set my hand and�af the -seals of s panes this day of 20. Kori M. Johans Assistant Secretary r � gAttTYL� J )0 1w.: +R+'� 15 ..... •ra � '�a d� To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: ADVERTISEMENT FOR BIDS City of Spokane Valley Public Works Dept. Bid #SVPW 11 -015 Broadway Avenue Safety Project STATE OF WASHINGTON ) )SS. County of Spokane ) No. AFFIDAVIT OF PUBLISHING NOTICE MICHAEL HUFFMAN . being first duly sworn on oath deposes and says that heir, the EDITOR . of The Spokane Valley News Herald, a weekly newspaper. Thatsaid newspaper is a legal newspaper and it is now and hasbeen for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a ublic n fiee' a - it. was published in regular issues commencing on the 3rd day of Tune. 2011 and ending the 10th to I le and that such newspaper was regularly distributed to its subscribers during all of said period: i ADVERTISEMENT FOR BIDS CITY OF SPOKANE VALLEY - SU CRIBED and SWORN to before me PUBLIC WORKS DEPARTMENT i BID A SVPW 11 -015 BROADWAY AVENUE SAFETY PROJECT Notice is hereby given that the City of Spokane Valley, Spokane County, Washington will accept sealed bids for the Broadway Avenue Safety Project. The project consists of removal and replacement of existing curb, curb ramps and sidewalk segments, removal and replacementof pavement striping, installation of new pedestrian activated crosswalk beacon system, mod8ica- tionstctrafficsignals, and related appurtenances, grind and inlay of asphalt pavement and improve- ments to stomiwater systems. Copies of the bid packet including specifications and plans can be obtained at the office of the City of Spokane Valley Public Works Department, at 11707 E. Sprague Avenue, Suite 304, Spokane Valley, WA 99206-6124, Monday through Friday from 8:00 am. to 5:00 p.m. A non - refundable amount of $50.00 is required. Copies of the bid packet Including specifications and plans may be obtained in PDF format on a compact disc at no charge. All bids must be accompanied by a bid deposit in the form of asurety bond, postal money order, cash, cashier's check, or codified check in an amount equal to ffve percent (5 %) of the amount of the bid proposed. Failure to furnish a bid bond in compliance with the City's bid deposit surety bond forth shall make the bid non - responsive and cause the bid to be rejected. Bids must be submitted in sealed envelopes addressed to the City Clerk of the City of Spo- kane Valley, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, and received not laterthan 11:00 a.m. PDT, Monday, June 27, 2011. Bid openings will be held im- mediately thereafter and read aloud in the City Council Chambers, Suite 101. The City of Spokane Valley reserves the right to waive any irregularities or informalities and to reject any or all bids. No bidder may withdraw his bid after the time announced for the bid opening, or before the award and execution of the contract, unless the award is delayed for a period exceeding sixty (60) days. The City of Spokane Valley, in accordance with Ttle VI of the Civil Rights Act of 1964, 76 Stat. 252, 42 U.S.C. 2000d to 2000d -4, 3535d and 5309, and Title 24, Code of Federal Regulations, Department of Housing and Urban Develop- ment, Part 6, Nondiscrimination in Programs and Activities Receiving Assistance Under Title 1 of the Housing and Community Development Act of 1974 Issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in be to this invitation and will not be discriminated to on the grounds of race, color, national origin, religion or sex in consideration for an award under any program or activity funded in whole or in part whin Community Development Block Grant Program funds. Christine Bainbridge, MMC Spokane Valley City Clerk 6/3,6110 this 10th day of Tune, 2011. State of Washington County of Spokane RA E /.� I certify that 1 know or have satisfactory evidence that f� _••• x� — '�� Michael Huffman is the person who appeared before f �s# y me and said person acknowledged that he signed !v 'r this instrument and acknowledged it to be his free NOTA —and voluntary act for the uses and purposes men- ! =tioned in the instrument. FUM �•d•:«��6•'••��A'.�� Jolen ae Wentz Ile W Title: Notary Public �� y Z) 0 'It fI111111 � 1 � 1 My a ointment expires: 5 -16 -15 ^ Lill L6 ADVERTISEMENT FOR BIDS CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT BID ff SVPW 11 -015 BROADWAY AVENUE SAFETY PROJECT Notice is hereby given that the City of Spokane Valley, Spokane County, Washington will accept sealed bids for the Broadway Avenue Safety Project. The project consists of removal and replacement of existing curb, curb ramps and sidewalk segments, removal and replacement of pavement striping, installation of new pedestrian activated crosswalk beacon system, modifications to traffic signals, and related appurtenances, grind and inlay of asphalt pavement and improvements to stormwater systems. Copies of the bid packet including specifications and plans can be obtained at the office of the City of Spokane Valley Public Works Department, at 11707 E. Sprague Avenue, Suite 304, Spokane Valley, . WA 99206 -6124, Monday through Friday from 8:00 a.m. to 5:00 p.m. A non - refundable amount of $50.00 is required. Copies of the bid packet including specifications and plans may be obtained in PDF foimat on a compact disc at no charge. All bids must be accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent (5 %) of the amount of the bid proposed. Failure to furnish a bid bond in compliance with the City's bid deposit surety bond form shall make the bid non - responsive and cause the bid to be rejected. Bids must be submitted in sealed envelopes addressed to the City Clerk of the City of Spokane Valley, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, and received not later than 11:00 a.m. PDT, Monday, June 27, 2011. Bid openings will be held immediately thereafter and read aloud in the City Council Chambers, Suite 101. The City of Spokane Valley reserves the right to waive any irregularities or informalities and to reject any or all bids. No bidder may withdraw his bid after the time announced for the bid opening, or before the award and _ execution of the contract, unless the award is delayed for a period exceeding sixty (60) days. The City of Spokane Valley, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 20004 to 2000d -4, 3535d and 5309, and Title 24, Code of Federal Regulations, Department of Housing and Urban Development, Part 6, Nondis- crimination in Programs and Activities Receiving Assistance Under Title 1 of the Housing and Community Development Act of 1974 issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enter- prises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, religion or sex in consideration for an award under any program or activity funded in whole or in part with Community Development Block Grant Program funds. PUBLISH: Spokane June 3 and June 10, 2011 Christine Bainbridge, MMC Spokane Valley City Clerk SR22842 *Federal Tax ID No. 68- 0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane) ss Name: City of Spokane Valley Client ID PO No. SR22842 Total Cost: $901.52 42365 No. Lines: 106 Order No. 36912 1, Lori Nix do solemnly swear that I am the Principal Clerk of The Spokesman- Review, a newspaper established and regularly published, once each day in the English language, in and of general circulation in the City of Spokane County, Washington; and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper has been so established and regularly published and has had said general circulation continuously for more than six (6) months prior to the 23rd day of July, 1941; that said newspaper is printed in an office maintained at its place of publication in the City of Spokane, Washington; that said newspaper was approved and designated as a legal newspaper by order of the Superior Court of the State of Washington for Spokane County on the 23rd day of July, 1941, and that said order has not been revoked and is in full force and effect; that the notice attached hereto and which is a part of the proof of publication, was published in said newspaper two time(s), the publication having been made once each time on the following dates: June 3 & 10, 2011 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was published in the newspapelWroper and not in a supplement. I OS Subscribed and sworn to before me at the City of Spokane, this V INO 10th day of June , 2011. I ` .� �� , OfARe 9 R N . PUB,LtC ,a ary Public in and for the State of Washington, 9 BEFt� 1 �f residing at Spokane County, Washington OFWAS�� Notary Stamp VU Paper Affidavits