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11-145.00 Solid Structures: Salt Storage BuildingAGREEMENT FOR CONSTRUCTION OR SERVICES Solid Structures LLC THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Solid Structures LLLC hereinafter "Contractor," jointly referred to as "parties." IN CONSIDERATION 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 Salt Storage Building Improvement Project (hereinafter "work ") in accordance with, and as described in Exhibit 1 (Scope of Work), and 2011 Standard Specifications for Road, Bridge and Municipal Construction of the Washington State Department of Transportation, which are by this reference incorporated herein and made part hereof ( "Contract Documents "), and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for constructing and completing the work and related activities provided for in the Contract Plans and Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract This agreement shall be in full force and effect upon execution and shall remain in effect until December 1, 2011. 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. 3. Compensation The City agrees to pay the Contractor: [ *] a fee of $55,784.84 f or the work, as full compensation for everything furnished and done under this agreement. or blA - M(t Agreement for Construction Services Page 1 of 6 [] on a time and material basis as set forth in the attached bid up to a maximum fee of as full compensation for everything furnished and done under this agreement, as directed by the City. 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: Name: Christine Bainbridge, City Clerk Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave., Suite 106 Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Solid Structures LLC — Jim Warner Phone Number: 509- 487 -7769 Mobile: Address: 6724 N. Pittsburg, Spokane, WA 99217 6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. 7. Prevailing Wages on Public Works Unless otherwise required by law, if this contract is for a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary maintenance executed at the cost of the City," the following provision applies: This agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit to this agreement. Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties It is hereby understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all 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 Agreement for Construction Services Page 2 of 6 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. 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 Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 2010 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. Agreement for Construction Services Page 3 of 6 B. Minimum 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 $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products- completed operations aggregate limit. 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 shall 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 A:VH. 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 the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Agreement for Construction Services Page 4 of 6 Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 15. Waiver No officer, employee, agent, or other individual acting on behalf of either party, has the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part thereof. 16. Assignment and Delegation Neither party shall assign, transfer, or delegate any or all 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. Scope of services; 2. Insurance Certificates. Agreement for Construction Services Page 5 of 6 Sep 1311 11:05a SOLIDSTRUCTURES 5093277233 p.2 IN WITNESS WHEREOF, the parties have executed this agreement this 13 day of 2011. OF SPOKANE VALLEY: City CONTRACTOR: —> caner Tax I.D. No.: _ REDACTED ATTE • v VV City Clerk APPROVED AS TO FORM: I Office of hat City Attorney This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Construction Services Page 6 of 6 S cI�okane p ` Valle r � BID PROPOSAL PROJECT NUMBER: 11 -027 PROJECT TITLE: Salt Storage Building NAME OF FIRM SUBMITTING BID: 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 Bidders Section. TIME TO COMPLETE: The contract shall be complete by October 10, 2011. The undersigned hereby certifies that (he /they) (has/have) personally examined the location and construction details of work as outlined on the plans and specifications for the above project and ( has/have) read thoroughly and understands the plans, specifications, and contract governing the work embraced in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said plans, specifications, and contract and at the following schedule of rates and prices: (Note: Unit prices for all items, all extensions, and total amount of bid must be shown.) All prices shall be in legible figures (not words) written in ink or typed. ITEM# ITEM DESCRIPTION UNITS QUANTITY PRICEWNIT TOTAL AMOUNTS SALT STORAGE BUILDING L.S. L.S. L.S. CONSTRUCTION y SALES TAX @ 8.7 % #4okcff 4 TOTAL 5511 W. N Name: �iw� �ct�n2 i a I.CI 5��..� ,JCS L CC person/entity submitting bid (print) Signature: Z- Title: Date: q 1 ) 0 011 S pokan� j �. SALT STORAGE BUILDING Specifications Specifications for this project are comprised of the following two components: 1. The "2010 Standard Specifications for Road, Bridge and Municipal Construction" as promulgated jointly by the Washington State Department of Transportation ( WSDOT) and the American Public Works Association (APWA), Washington State Chapter, referred to as the "Standard Specifications ". 2. WSDOT Amendments to the "Standard Specifications ". Scope of Work This work includes the construction of a 50' x 75' x 16' Post Frame Building. The front 50' x 16' wall will be open. • 29 Gauge colored Roof, Wall and Trim to match existing building on site. • No wall or roof insulation The project is located at 17002 East Euclid. A proposal sheet is attached. Bids will be accepted until 4:00 pm August 17, 2011. Bids will be accepted by email or delivered to: City of Spokane Valley, 11707 E. Sprague, Suite 106 Attn: Shane Arlt The completion date for the project is October 10, 2011. See Exhibit "A" Insurance See Attached Document Prevailinz Wales 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 according to Labor and Industries at http: / /fortress.wa.gov /lni/wa elg ookup /prvWagelookup.aspx 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. Business Registration Prior to commencement of work, Contractor shall register with the City as a business. EXHIBIT "A" 17002 East Euclid Salt Storage Building Location Sep 20 11 02:45p SOLIDSTRUCTURES 5093277233 p.2 C lientt ,. 64957 SOLISTR ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE 91141 (M YY) THIS CERTIFICATE LS ISSUED AS A MATTER OF WFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DCES NOTAFFIRMATIVELY 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 certMcata holder is an A13CMQNAL INSURED, the pellctAIssl must be endorsed- tf SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsonleAL A etatemertt on this cartlNcata does not confer eights to the certificate holds In lieu of such endorsetnerrtle). PRODVC__R N Leonard Ter2e Bell- Anderson Ins - Spokane CIL �NC Ro Erl; 509 465 -1133 ,uc 4.1 609 465 -11$4 8306 N. Wall Street A��. Spokane, WA 992D6 wsuRERruj AFFOILAINIG COVERAGE NAIC■ 509 4rvS -1133 „, Developers Surety l; Indem Co USURED INSURER 6 : Solid Stntctures,LLC 6724 N Pittsburg Spokane, WA 99217 IKSUna� e n+smraet fl INSURER E: INSURER F: COVERAGES CERTIF NUMBE REVISION NUMBER: 7x115 IS TO CERTIFY THAT THE POLICJES CF INSURANCE LISTED OELCW HAVE BEfN I$5UED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RECU,'REVEN7, TERN OR CCND(TIONOF ANY CONTRACTOR OTHEZ DOCUMENT WITH RESPECT TO WHICH TINS CERTIFICATE MAY BE ISSUE] OR MAY PERTAIN, YHE INSURANCE AFFORDED BY TI1F POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN BY PAID CLAIMS - I t' - YPEOFbNEURANCE I¢ a PDUCYkukWER ppRppEDD�UyyCED lIe AWDC/Y"Y LUMTS A GENERAL UAeuIrY X X BIS0000214902 0311612011 0-3116f201; EACH OCCURRENCE 51 000 000 S 700 on X COMMERCIAL 5:NI1RAL L1ABRI7Y E� oNTED S5 , 000 CLAIMSKADt 17X OCCUR I YED EXF (OVTy One I 11, PER&ONAL 8 ADV INJURY ` IGEMERALAGGREGAfE 52,000,000 GEN'L AGGREGATE :_(MIT APPLIES nit ` PROPUCYS- COMP.OP AOG t 2 ODD 000 S rOLIC' F7 " F �c AUTOMOBILE LIASiUTY >£oM�N SfN., I.Iai BOU'LY INAIRY (Pot Xete ) S AW AUTO tiOpLY IFL'URY (P9( aWnent) 5 ALL OWNED SC IEGIJLED ALr7C8 ND>wOwNED HIRED AllTDS AUTOS PROPERTY GAAa & �Pur ectiAa S 5 UMSRELLA LIAR OCCUR EACH CCCURRENCE S AGGREGATE $ EXGE56 UA9 CLATPOS •ACE U:P RETENT'ONS S I WORAEPS CONDENSATION wC SYATU- FIR " E.L ACCt DENT S AND EMPLOYERW LLIBLITY ANY PROPE, PARTXMEXEClJTIVE YrNI FU 0Ff10ERlS1EY9ER EXCLt1DED7 O INAnGNOry In NN) lft'y In N f • i t.L WS ASE EA GInPLOYEE S EL� DI$tA - POLICY LIMIY b II YCO. Lt16Br DESCRIPnON OFOPERAT1ON5 b..11 DEBCR)PTION OF OPERATIONS I LOCATION 1 VEHICLES (Aeaae ACORO ID1, AOOf Janw Pt—rks SehnOuls, If mss 9135 a le r UWW) ERT1FICA City of Spokane Valley i 1707 E Sprague Suite 106 Spokane, WA 99206 stL)TllL R1�O Rt*PRFSENTAYIVE C1 1 986 -2 0 1 0 ACORD CORPORATION. All rights reservod. The ACORD name and logo are registered marks of ACORD TXH1 ACORD 25 (2010105) 1 of 1 #S347B771M3"459 17 SHOULD ANY OF THE ABOVE DESCRtEED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL EIE DELIVERED W ACCORDANCE WRH THE POLICY PROVISIONS. TO 3DVd NOScl3aNb 173R VEIT- S9e -6 ©S TV:ST ITBZ /OZ /60 Sep 20 11 02:45p SOLIDSTRUCTURES POLICY NUMBER: 5093277233 p.3 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE nstruction Any construction projectwherewe are authorized to do business if you and the person or organization for whom you are performing operations have agreed in writing in a contract or agreement that such construction project must have separate general aggregate limit, but, notwithstanding anything else to the contrary in the policy, the most we will pay for the sum of all damages under all such general aggre- gate limits shall not exceed five million dollars (35,000,000). This endorsement does not cover any liabil- ity arising under the "products - completed operations hazard ". Information recurred to complete this Schedule if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occur- rences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C. which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General /aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all darnages under Coverage A, ex- cept damages because of "bodily ir;ury" or "property damage" included in the "products - completed operations hazard ", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". CG 25 03 05 09 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for thal designated construction project. Such payments snail not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The tirrits shown in the Declaratiors for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to app:y. However, instead of being subject to the General Aggregate L'unit shown in the Dacla- rations, such limits will be subject to the appli- cable Dem;gnated Construction Project Gen- eral Aggregate Limit. C Insurance Services Office, Inc, 2008 7-0 3ENJ NCS631NV - 1138 b£TT- S9b -60S Page 1 of 2 O TV :91 TT0Z /0Z/S0 Sep 20 11 02:45p SOLIDSTRUCTURES B. For all sums which the insured becomes legally ooligated to pay as damages caused by 'occur- rences" under Section 1- Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attri- buted only to ongoing operations at a single des- ignated construction project shown in the Sche- dule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or :lie Products - completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reducs any Desig- nated Construction Project General Aggre- gate Limit. Page 2 of 2 5093277233 p.4 C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Proiect General Aggregate Limit D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted. or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project wi,l still be deemed to be the same construction project. E The provisions of Section Ilt - Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. C Insurance Services office, Inc., 200a E0 39Vd NOS63ONV T3a 0611 -99V -609 CG 25 03 OS 09 ❑ Tb =ST T10Z/0Z/60 Sep 20 11 02:45p SOLIDSTRUCTURES 5093277233 p.5 ID 00 37 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. !BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addltienal insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or " oersonal and advertising injury" caused by and to the extent of your negligence in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed, B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: Tnis insurance does not apply to; 1. "Bodily injury", "property damage" or "persona and advertising iniury" arising out of the rendering af, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily iniury" or "property damage" occurring after: a. All work, including materials, parts or equipment famished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. 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 a part of the same project. C, primary tnsurance - We will consider this insurance to be primary to other insurance issued directly to additional insured person(s) or organization(s) to which this endorsement applies if a written contract between you and such person(s) or organization(s) specifically requires that we consider this insurance to be primary; and such other insurance shall be excess and shall not contribute to the insurance afforded by this endorsement. D. Waiver of Subrogation - We waive any right of recovery we may have against the additional insured person(s) or organization(s) to which this endorsement applies because of payments we make for injury or damage arising out of "your work' done under a contract with Such person(s) or orga n iz ation(s), ID CC 37 08 09 Page 1 of 1 V3 EDad Nl7Sd3QNd X313 bETT- S9b -60S Te:ST TTeZ /0Z/60 Sep 28 11 12:22p SOLIDSTRUCTURES Enumclaw 0 InsurancE Group Families. Businesses. Fromises&pl." Insured: * * * * * ** "AUTO *"ALL FOR AADC 990 JIM WARNER SARAH WARNER 7718 E BERNHILL RD COLBERT WA 99005 -9519 5093277233 p.2 Mutual of Enumclaw Insurance Company 1460 Wells Street, Enumclaw, WA 98022 www.EnurnclawinsuranceGroup.com Agent: 129 BELL- ANDERSON AGENCY INC 724 W SMITH ST KENT, WA 98032 (253)852 -1680 #00000362 Amended Personal Auto Policy Declarations When you have Comprehensive Coverage, online glass repair claims (free to you) are just a single click away at www.EnumclawinsuranceGroup.com. Or, if glass replacement is needed, cash price quotes are available to help you decide whether or not to file a claim. If the answer is yes, another single click will do it. We want to keep your glass claims simple! Policy Number: Policy Period: Effective Date: PA61135740 From: 03102/2011 05105/2011 To: 0910212011 At 12,01 AM Standard Time. Policy is continuous until cancelled. Total Premium for the Policy Period (This is not a bill. Do not pay this amount.) Total Premium for all Auto(s) $1,302.06 This Policy Change Results In An Additional Premium Of $261.84. Your premium reflects the following discounts (on applicable coverages): • Anti -Theft - Multi -Car Amendment Reason Vehicle Is Added 95 Lincoln Ta Claims Services: Claim Response Center: 1- 877 -425 -2580 After Hours. 1- 866- 924 -3036 Billing Services: Customer Service: 1- 800 -456 -7750 Credit/Debit Card Payments: 1- 888 - 475 -2823 You may also report a claim or make a payment online by going to www.EnumclawInsuranr-eGroup.com 0511 1/2 01 1 Insured Ccpy Page 1 of 6 PA 5001 0610 PA611357t0 Sep 28 11 12:23p SOLIDSTRUCTURES 5093277233 p3 Mutual of Enumclaw Insurance Company 1460 Wells Street, Enumclaw, WA 98022 www.EnumclawlnsuranceGroup. com Insured: JIM WARNER SARAH WARNER Policy Number: PA61135740 Effective Date: 05/0512011 Your Agent: BELL - ANDERSON AGENCY INC Driver(s) in Household: Jim Warner Sarah Warner Description of Auto(s) Vehicle ID Number 1998 Dodge Durango 1 B4HS28Z9WF121737 1999 Gmc Sierra K250 1GTGK29U9XE555679 1995 Lincoln Town Car Ex lLNLM31WOSY702189 05/11/2011 Insured Copy Page 2 of 6 PA 5001 0610 Sep 28 11 12 :23p SOLIDSTRUCTURES 5093277233 p.4 Mutual of Enumclaw Insurance Company 1460 Wells Street, Enumclaw, WA 98022 www.EnumclawinsuranceGroup.com Insured: Policy Number: PA61135740 JIM WARNER Effective Date: 05/0512011 SARAH WARNER Your Agent: BELL- ANDERSON AGENCY INC 1999 Gmc Sierra K250 Vehicle ID Number IGTGK29U9XE555679 Coverage Limits Premium Bodily Injury $115.93 Each Person $100,000 Each Accident $300,000 Property Damage $54.41 Each Occurrence $50,000 Personal Injury Protection $28.12 Medical /hospital Benefits $10,000 Within 3 year(s) of the accident. Income Continuation Benefits $200.00 weekly max. Underinsured Motorist Bodily Injury $33,01 Each Person $100,000 Each Accident $300,000 Underinsured Motorist Property Damage $10.17 Each Occurrence $25,000 Comprehensive $250 Deductible S52.31 Collision $500 Deductible $112.56 Towing and Labor S100 $3,00 TransporU'Rental S1,000 $8.00 $40 DAY /$1000 MAX Total Premium for 1999 Gmc Sierra K250 $427.51 Insurance is provided only for those coverages showing a premium or limit of liability. Deductibles apply per occurrence. Higher Limits of liability may be available. Please contact your agent, 05/11/2011 Insured Copy Pace 4 of 5 PA 5001 061 0 Sep 28 11 12:23p SOLIDSTRUCTURES ID Card LIABILITY INSURANCE IDENTIFICATION CARD Mutual of Enumclaw insurance Company 1460 Wells Street, Enumclaw, WA 98022 www.MutualOfEnL Policy Information PA61135740 OWP- WO212011 Vehicle Information 1999 Gmc SIERRA K250 1 GTGK29119XE555679 Agent Information BELL- ANDERSON AGENCY INC 362 (425) 291 -5200 Insured Information WARNER, JIM SARAH WARNER 7718 E BERNHILL RD COLBERT WA, 99005-9519 Enlarrlclaw Insurance 5093277233 p.5 Page 1 of 3 IF YOU HAVE AN ACCIDENT 1. Move out of the way of traffic, if you are able to do so safely, and turn on your hazard warning lights. 2. Call the police. 3. Do not admit fault. Do not discuss the accident with anyone except your agent, the company, or the police. 4. Write down names, addresses, telephone and license numbers of persons involved and of any witnesses - 5. To report a claim during weekday office hours, contact your agent, complete the claim reporting form(s) on cur web site or call our Claim Response Center at 877 - 425 -258D. After hours claim service is available through the use of our toll free emergency phone number: 866 - 924 -3036. 6rrnip Keep this card in your automobile at all times. https:lt moeapp. mut ualofenumclaw .cont /AgentsIlDCardPrint.aspx ?policy =PA61 135740 &n... 8/16/2011 Contractors or Tradespeople Detail Washington State Department of Labor & Industries Contractors or Tradespeople Detail Return to List > Start a New Search > 0 Printer friendly Verify Workers' Comp Premium Status Check for Dept. of Revenue Account Page 1 of 2 About General /Specialty Contractor A business registered as a construction contractor with L&I to perform construction work within the scope of its specialty. A General or Specialty construction Contractor must maintain a surety bond or assignment of account and carry general liability insurance. Business and Licensing Information Type Specialty Specialty Name SOLID STRUCTURES LLC UBI No. 603092836 Phone No. (509) 487 -7769 2 Date Date SOLIDS °905DW SOLID Status � Active Address 6724 N Pittsburg 3/16/2012 Suspended STRUCTURES Contractor License No. SOLIDSL890JN Suite /Apt. Hide All License Type Name Construction Contractor City Spokane Effective Date Expiration Date WARNER, JAMES LEE State WA Effective Date 04/15/2011 4/15/2011 Zip 99217 Expiration Date Partner /Member 4/15/2013 County Spokane Suspend Date CI Bond Information J Business Type Limited Liability Company Specialty 1 General Parent Company Bond Bond Company Bond Account Effective Expiration Cancel Impaired Specialty 2 � Unused LI Other Associated Licenses License Name Type Specialty Specialty Effective Expiration Status 1 2 Date Date SOLIDS °905DW SOLID Construction General Unused 3/16/2010 3/16/2012 Suspended STRUCTURES Contractor E) Business Owner Information I] Hide All Name Role Effective Date Expiration Date WARNER, JAMES LEE Partner /Member 04/15/2011 LEWIS, JENSEN JAMES Partner /Member 04/15/2011 CI Bond Information J Bond Bond Company Bond Account Effective Expiration Cancel Impaired Bond Received Name Number Date Date Date Date Amount Date https:H fortress .wa.gov /lni/bbip/Result.aspx 9/28/2011 Contractors or Tradespeople Detail Page 2 of 2 1 Platte River Ins CLB2712020 03/16/2010 Co B Assignment of Savings Information 1) No records found for the previous 6 year period B Insurance Information D Until Cancelled $12,000.00 04/15/2011 Insurance Company Policy Number Effective Expiration Cancel Impaired Amount Received Name Date Date Date Date Date Developers 1 Surety &Indem BIS0000214902 03/16/2011 03/16/2012 $1,000,000.00 04/15/2011 Co 0 Summons /Complaint Information .iv No unsatisfied complaints on file within prior 6 year period B Warrant Information J No unsatisfied warrants on file within prior 6 year period Access © Washington State Dept. of Labor & Industries. Use of this site is subject to the laws of the state of Washington. AlkWashinglonx' Oarial sta" ck, mrnment Wed bite https: // fortress .wa.gov /lni/bbip/Result.aspx 9/28/2011 THE AMERICAN INSTITUTE OF ARCHITECTS � I : p4 Bond No. K08607990 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Solid Structures, LLC 6724 N. Pittsburg St. Spokane, WA 99217 OWNER (Name and Address): City of Spokane Valley 6724 N. Pittsburg St. Spokane, WA 99217 SURETY (Name and Principal Place of Business): Westchester Fire Insurance Company 436 Walnut Street, P. O. Box 1000 Philadelphia, PA 19106 CONSTRUCTION CONTRACT Date: September 13, 2011 Amount: $55,787.84 Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 84/100 Description (Name and Location): Construction of Salt Storage Building Project #11 -027 BOND Date (Not earlier than Construction Contract Date September 19, 2011 Amount: $55,787.84 Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 84/100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Solid Structures, L Westchester Fir Insurance ompany r Signature: Ow G Signature: Name an Itle Name and Titl Sylvia Tilze sp Attorney -in- t fi ,ty 2l (Any additional signatures appear on page 3)� i (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, ENift5f-ather AGENT or BROKER: party) Payne Financial Group, Inc. Judith A. Rapp, Agent 7903 E. Broadway Avenue Spokane Valley, WA 99212 509 -455 -6767 AIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 1 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 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 Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason• able 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 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 accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense 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 Construc- tion Contract itself, through its agents or through inde- pendent 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 Con- struction Contract, arrange for a contract to be pre- pared 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 ex- cess 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 liable to the Owner and, as soon as practicable after the amount is deter- mined, tender 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 anv 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 Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non- perfor- mance 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 Con- struction 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 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 ihework 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 oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- 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 2 THIRD PRINTING - MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature 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 con- forming 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 Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form 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 Con- tractor 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. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS INp 1. =�y Bond No. K08607990 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): Solid Structures, LLC 6724 N. Pittsburg St. Spokane, WA 99217 OWNER (Name and Address): City of Spokane Valley 6724 N. Pittsburg St. Spokane, WA 99217 SURETY (Name and Principal Place of Business): Westchester Fire Insurance Company 436 Walnut Street, P. O. Box 1000 Philadelphia, PA 19106 CONSTRUCTION CONTRACT Date: September 13, 2011 Amount: $55,787.84 Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 84/100 Description (Name and Location):Construction of Salt Storage Building Project #11 -027 BOND Date (Not earlier than Construction Contract Date): September 19, 2011 Amount: $55,787.84 Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 84/100 Modifications to this Bond: ❑ None ❑X See Page 6 CONTRACTOR AS PRINCI AL SURETY p (Co Company: rate Seal) Company: (Corporate Seal) Solid Structur L Westches4Fir nsurance C mp any Slgnatu /I" SignatureNa and Title: Name anylvia Tilze Attorney -in- ct (Any additional signatures appear on page 6) (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineerorother AGENT or BROKER: party) Payne Financial Group, Inc. Judith A. Rapp, Agent 7903 E. Broadway Avenue Spokane Valley, WA 99212 509 -455 -6767 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 4 THIRD PRINTING • MARCH 1987 1 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 Paragraph 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 • 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 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. 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 equipment used 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 to the Surety, 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 suite 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 Power of Attorney Surety Bond No:K08607990 Westchester Fire Insurance Company Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006, to wit: 'RESOLVED, that the following authorizations relate to the execution, for and on behalfofthe Company, of bonds, undertakings, recognizances, contracts and other written commitments ofthe Company entered into the ordinary course of business (each a "Written Commitment'): (1) Each ofthe Chairman, the President and the Vice Presidents ofthe Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal ofthe Company or otherwise. (2) Each duly appointed anomey -in -fact ofthe Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the seal ofthe Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact. (3) Each ofthe Chairman, the President and the Vice Presidents ofthe Company is hereby authorized, for and on behalf ofthe Company, to appoint in writing any person the attomey -in -fact ofthe Company with full power and authority to execute, for and on behalfofthe Company, under the seal ofthe Company or otherwise, such Written Commitments ofthe Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification ofone or more particular Written Commitments. (4) Each ofthe Chairman, the President and Vice Presidents ofthe Company is hereby authorized, for and on behalf of the Company, to delegate in writing any other officer ofthe Company the authority to execute, for and on behalf ofthe Company, under the Company's seal or otherwise, such Written Commitments ofthe Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal ofthe Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and authority ofoRcers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested. Does hereby nominate, constitute and appoint Sylvia Tilzey all of the City of ( Spokane Valley ), ( WA ), each individually if there be more than one named, its true and lawful attomey -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding FIVE MILLION DOLLARS ($5,000,000.00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, IN WITNESS WHEREOF, the said Stephen M. Haney, Vice - President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 1st day of January , 2011 . ' , .. 71 COMMONWEALTH OF PENNSYLVANIA WESTCHESTER FIRE INSURANCE COMPANY Stephen M. Haney, Vice President COUNTY OF PHILADELPHIA SS. On this 1st day of January AD. 2011 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M. Haney ,Vice- President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. t } =N C0MM0NW"LTH0FPKNNSYLVAN1A fit; GG:IL f yt�A� C �•:,��, '� KAREII E WW \DT f ubk w;L • �� °'C > > i �• ' � d MY pp 1014 [Notary �I MrA - Public I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect. In witnes htember hereun subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this 19th day Septembe P 20 r �, p• William L. Kelly, Assistant -ry t0311 11:52a SOLIDSTRUCTURES 5093277233 p.1 Date: 1 3 t' I f To: Fax: aLv l From: W. Number of pages including this page q Message: U 6724 N. Pittsburg Spokane, WA 99217 509.487.7769 phone 509.327 -7233 fay: solicistructures(a wwz.solidstructuresiaw.com Oct 03 11 11;52a SOLIDSTRUCTURES 5093277233 p.2 JAMOMMIMF Application for Insurance Please review, Na sign where Pdi number OB STRU .0 Named Insured* SO SFRUCTURES LLC indicated, and return October 3 , 2011 Page 1 of 5 Policy and premium information for policy number 09263911 -0 Insuran;e enmpany: United financial Casualty Company P.O. BOK94739 Cleveland. 01.144101 ............................... ....... ............................... Agent: ................................................................. INES KOVACEVIC BE! L•ANDERSON AGENCY 83 06 N WALL ST SPOKANE, WA 99208 68359 1.509 -465 -1133 ............................... .. . Named Inslued: ..... ......................................... SOLID STRUCTURES LLC 5724 N P17SBURGH SPOKANE, WA 99217 e-mail address: S0UDSTRUCTLIRE5 @YMIAI1_.1ZDM Phone Number 1 -5D9 -487 -7769 ............................... ... ........................................................................... Financial resporsibiliity vendo,: EXPERIAN 1- 889-397 -3742 .................. ... Policy period: _ ....... . 0 � 2 ...,.................... .................. Oct 3, 2011 -Oct 3 Z ..... .. ....... .I. .........I..... ........... .ftecave date and time :.................0a.3,...I . at01:58PM ` T ................. ............................... ..........I. ..........., ........ Total policy premium: .................. $1,341.00 ......... ................. ,.. ._ ..................... .................. .......... • Initial payment reQutred: $134.10 ............................... ........................................................... Initial paymentreceived: 5134.10 ..................... Payment plan: I a pa meats Rated drivers Failure to accurately and Completely report a Date Ot Namc birM Age ............. ............................... JAMES WARNEN 08R7r1476 35 11 driver inforrnaoon may result.rl premium differences and service delays. Driver's odd iriai Ntarilal license Additionbi yea' Slaws number 5rate Pdras !airbmation COL Col iwd ... ............................o- ..... I�rried " 4DW7 WA o N Outline of coverage Deducible Umi's ............... OEStli�lipn ............................... ......................�,....... ........,.. ........� .................. ................... $782 UabiGty To Others Bodily injt;ry and Property Damage liability S 1,0 .0 combined single limit and • • -- -190 Unden'nsured Motorist Bodily injury 31,000,DD0 combined single limit ...................... ..................I......., ... ............. ........................... ..... .... 510C 24 Underi.uured Motorist Property barrage $300,C00 each ace eat $ 3 DO hit & run Medial m ents ... ...............'..._.. $ 5. 000eachperion ....................._...... ..........,........., ............. Pay 98 Comprehensive See Auto Coverage Schedule ... Lroi1 of liability less deductible . .......................... 2 . 34 Col I i SiOn See Auto Coverage Svoedule Limit of liability less deductible E LW (p,,k 90 3E)Vd NUS83GNV 7135 GETT -99D -609 Z1[ =ZT 110Z /E0 /0T Oct 03 11 11:52a SOLIDSTRUCTURES 5093277233 p.3 Policy number: 08268911-0 SCUM STRUCTJRES llC Pey e 2 of 5 ................ ............................ ....................... .................................. Total 12 morfth policy premium $ Auto coverage schedule 1- 1999 GMC 51ERRA K2500 Stated Amount: $27,240 VIN: IGTGK29U9XE555579 Garaging ZIo Code: 99217 Territory: 9 Radius: SO miles Persona's use: N Body type: Pickup Use class: S Liability liablry .........� ..,._... LJIMP0 MedPay . ...... ....................................................... ............................... . ............................ Premium 1762 $190 324 913 Comp comp Collision ColUsion P hysical Damage 041 1Ibie Premium De4u0b.1C Pr.mium A........ Premium $250 g98 $509 $234 $1,341 Vehicle questions 1. Is ,his vehicle used for business, personal or both? BusinessOn €y ...... ..... ... I ...... ..... ....,.... , ............................... ,... ............. ........................... .............................I. 2, what is the average number of jobsite5, tips, deliveries or errards per day? 1 Financial responsibility information hams Homeaddress A9f Dav albid JIM WARINER 7718[, BERNHILL 35 0 127!1976 COLBERT, WA 99005.0000 ....................... ......................................................... ....................... ........ Is JIM %VARNER invaded in the daily operation of ,he business? Yes Business information Bu0v% type Sub tuu nes9 rypa Ocher ..... ConanxJUr4 8ua der; & G nera CorV5n04 iktide^ 2�alBril3e+ i '.........•...........• ..'.._........•.....'......•,•. •• gppRrant . Employer l0 number ............ I ...... ....... ....... ........ ............. ................._. ................,.............. Corp e�aGon o.................... `51292459 Corpr ltC Additional polity questions 1. Year the Cutrern business was established: 2003 Failure to provide proof of the year the current business was esmbfished may resuh in change in premium. 2. Does the insured currently have General Lialiility lnsurarcr or a 5,1siness Owners Policy? General Liabit ty Insurance Failure to provide Cfax) proof of current General Liability or Busiress owners Policy Insurance may,esuk in change in premium. 3. Premise type your tow business operatesfrorr: Unknown Premium discounts POG .................................................... I ... .. 082689 t 1 C Business Expetience and Package Prior insurance questions Prior insurance: Yes ...... ............................. Pclicy number: PA61135740 .......... .........,..._.... ............................ I.. ....... ....... , ............................ ve dates of coverage: Sep 2, 2011 to Mar Z, 2012 ................ ...................... ............. .................. ..... .. Has aQplicanl had mritinuous coverag a for at least one year? Yes ....... ............................... ... .............I..._......– ...... ...,............ -- ....... Bodily injury limas 1001300 .............................. ............................... Cctinue3 90 39VCJ NOS83GNV - 1139 bE11: -99t-609 ZL =Z1 1107,/E0 /0T Oct 03 11 11:53a SOLIDSTRUCTURES Washington SOLISTR INSURANCE IDENTIFICATION CARD (STATE) COMPANY NUMBER COMPANY Unified Financial Casualty Co. PauCT NUMBER EFFEC 1WE DATE EXPJRA110N DATE 032689110 1010312011 10/03/2012 YEAR wAKEJh@ODEL VEHICLE IQEWnF ICATION NUMBER 1999 GMC Sierra K250 1GTGK29U9KE55679 AGENCYICOMPANY IS$UlNO CARO Bell - Anderson Ins -Spokane CIL 6306 N. Wall Street Spokane, WA 99208 INSURED r Solld Structures,Ll.0 6724 N Pittsburg Spokane, WA 99217 L 51144 GEE LWPORTANT NOTICE ON Rt'VERSE 905 THIS CARD MUST BE KEPT IN THE INSURED VEHICLE AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT: Report all accidents to your AgentlCompany as soon as possible. Obtain the following information: 1. Name and address of each driver, passenger and witness. 2. Name of Insurance Company and policy number for each vehicle involved. ACORO 00 m AC ORO CORPORATION 1 5093277233 p.4 I0 39dd NOGN3QNC - 113H bETT -99b -609 ZT :z1 TTOZ /£0 /0T Sp6k jUalley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatt@spokanevalley.org Memorandum To: Mike Jackson From: Mark Calhoun, Finance Director kc Date: Wednesday, October 5, 2011 Re: Fund #101 Street O &M — 2011 Budget discussion with Neil Kersten I met with Neil this morning to discuss whether the Street O &M Fund ( #101) could accommodate an unbudgeted expenditure of $55,784.84 for the Salt Storage Building. Based upon our collective review of expenditures incurred through October 4, 2011, I'm comfortable that the fund can incur this expense and still remain within the adopted 2011 Budget. A byproduct of our meeting is that I learned we will need to include an additional budget amendment for Fund #101 that recognizes additional revenues and expenditures for some grant financed EECBG projects. The extra expenses should be largely offset by the grant revenues. It was a good meeting and I appreciate the fact that Neil was very cooperative. \ \SV -FS2 \Users \mcalhoun \memos\2010 10 05 re Fund 1012011 budget compliance.docx Page 1