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13-053.00 Inland Asphalt: Sullivan Street PreservationContract f THIS AGREEMENT, made and entered into this day of 2013, between the City of Spokane Valley under and by virtue of Title 35 RCW, as amended and Inland Asphalt Company 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: Sullivan Rd Street Preservation Project Phase 1— 2013 Street Preservation Program SVPW Contract 13 -010 in accordance with and as described in the project 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 project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced 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. City of Spokane Valley Sullivan Rd Street Preservation Project CIA � 3-- 05, Contract Forms Bid No.: 13 -010 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. V. The project was awarded for the bid amount of $1,105,872.80. 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 March 21 , 2013. Date John Madden Printed Name General Manager T' le Sign ture City of Spo�k�ane Valley /V 144 ( a Printed Name City of Spokane Valley 2 Contract Forms Sullivan Rd Street Preservation Project Bid No.: 13 -010 SPOKane ,,, OValley BOND NO: 09112229 CONTRACTOR'S PAYMENT BOND (NON - FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to INLAND ASPHALT COMPANY (Contractor), as Principal, a contract for the construction of the project designated as (Sullivan Rd Street Preservation Proiect), Project No. 0174 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to famish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety), a corporation organized under the laws MARYLAND and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the SUM of $ 1.105.872.80 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. INLAND ASPHALT COMPANY PRIN _ vim 3/21/2013 pm wgna John Madden Printed Name General Manager FI ERELITYAND DEP�OSSIT /COMPANY OF MARYLAND SU " "`� 3/21 12013 Surety Signature Date JESSICA ARNOLD Printed Name ATTORNEY -IN -FACT Title Name, address, and telephone of local office /agent of Surety Company is: MARSH USA INC. 601 W. MAIN STREET SPOKANE WA 99201 City of Spokane Valley Sullivan Rd Street Preservation Project Contract Forms Bid No.: 13 -010 SURETY ACKNOWLEDGMENT STATE OF UTAH COUNTY OF SALT LAKE ) SS On this 21ST day of MARCH, 2013, before me personally came JESSICA ARNOLD to me known, who, being by me duly sworn, did depose and say that she is an Attorney -In -Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -In -Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Public 4 ---- -- - a @yvt b' J� - --- - -- ago-- --- --- 0 Notary Public LISA HALL Commission Number 6 =01 Gt G ��1 SQv Cc! nmissionEzairbs v March 13, 2015 F' d ' 49�o, 00 % :;tote of Utah g ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Tina DAVIS, Lisa HALL, Lindsey PLATTNER and Jessica ARNOLD, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of May, A.D. 2012. ATTEST: W. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND �� wa ocioy.� Ti! � MM ►'S 4� O 8 A ` +�N r�Vy4 Assistant Secretary Vice President Gregory E. Murray Thomas O. McClellan State of Maryland City of Baltimore On this 11th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and. affixed my Official Seal the day and year first above written. %I# Maria D. Adamskd, Notary Public My Commission Expires: July 8, 2015 POA -F 020 -8022W EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attornevs -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 21 Spay of MARCH , 20 13. Ja aN 5f1$ aN� t ioi KCAL James M. Carroll, Vice President e � i • BOND NO: CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington 09112229 The City of Spokane Valley, Washington, in Spokane County, has awarded to . INLAND ASPHALT COMPANY (Contractor), as Principal, a contract for the construction of the project designated as Sullivan Rd Street Preservation Prolect Project No. 0174 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to fiunish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety), a corporation, organized under the laws of mARYLAN D and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 1,105,872.80 total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the patties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. INLAND ASPHALT COMPANY PIWCIPAL 7" 1 � 3/21/2013 Prhkipal Signature Date obn Mnddgn Printed Name General Manager Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY, �OMTID�- C � 3 /21/2013 Surety Signature Date JESSICA ARNOLD Printed Name ATTORNEY -IN -FACT Title Name, address, and telephone of local officelagent of Surety Company is: MARSH USA INC. 601 W. MAIN STREET SPOKANE WA 99201 City of Spokane Valley 4 Contract Forms Sullivan Rd Street Preservation Project Bid No.: 13-010 SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE ) SS On this 21ST day of MARCH, 2013, before me personally came JESSICA ARNOLD to me known, who, being by me duly sworn, did depose and say that she is an Attorney -In -Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -In -Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Not( !# Public p,�uNoturyPubfic 6 e L €4 HALL e M p '� 8 •; ,"g' (;cmmissionh!umbar605�%1 �,r, cc:nmission Expires F 6 Marcy 13, 2015 8 C dog, P `icte of as.. �.. - - - r -vl-�= ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Tina DAVIS, Lisa HALL, Lindsey PLATTNER and Jessica ARNOLD, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I lth day of May, A.D. 2012. ATTEST: By Assistant Secretary Gregory E. Murray ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND vsukA, Ewa °�0si. 8CAL a *" P i aU — — /� r s , r Vice President Thomas O. McClellan 4 ` °' State of Maryland City of Baltimore On this 11th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ) �� �� �� ti I3%�i 1fJ• tit r Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA-F 020 -8022W EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 21STday of MARCH 12013 . 1t:1 �} 4 6 1008 �i Ir� SEAL wM James M. Carroll, Vice President crnr SI %Heys BOND NO: 09112230 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to INLAND ASPHALT COMPANY ( "Contractor"), as Principal, a contract for the construction of the project designated as Sullivan Rd Street Preservation Proiect No. 0174 (the "Contract ") in Spokane Valley, Washington. The Principal, existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND organized and existing under the laws of the State of . MARYLAND and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto the City of Spokane Valley, hereinafter called Obligee, and are. similarly held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW, in the penal sum of 5% of the Contract, which is FIFTY FIVE THOUSAND TWO HUNDRED NINETY -THREE AND 641100 dollars ($_ 55,293.64 3, plus 5% of any increases in the Contract amount that have occurred or may occur, due to change orders, increases in the quantities, or the addition of any new item of work. i' WHEREAS, on the day of g(L(� , 20t,3 the said Principal and Obligee herein executed and entered into the Contract. WHEREAS, said Contract and chapter 60.28 RCW require the Obligee to withhold from the Principal the sum of 5% from monies earned by the Principal on estimates during the progress of the construction, hereinafter referred to as earned retained funds. WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of earned retained funds as allowed under chapter 60.28 RCW. NOW THEREFORE, the condition of the obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW in the aforesaid sum. This bond, including any proceeds therefrom, is subject to all claims and liens and in the same manner and priority as set forth for retained percentages in chapter 60.28 RCW. The condition of this obligation is also such that if the Principal shall satisfy all payment obligations to persons who may lawfully claim under the trust fund purposes of chapter 60.28 RCW to the Obligee, and indemnify and hold the Obligee harmless from any and all loss, costs, and damages that the Obligee may sustain by release of the earned retained funds to the Principal, then upon notification of such satisfaction and release of the Surety by the Obligee, this obligation shall be null and void. City of Spokane Valley 5 Contract Forms Sullivan Rd Street Preservation Project Bid No.: 13 -010 PROVIDED HOWEVER, that: 1. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act, omission or defenses of any kind or nature that would not also discharge Principal. 2. This obligation shall be binding upon and inure to the benefit of the Principal, the Surety, the Obligee, the beneficiaries of the trust fund created by chapter 60.28 RCW and their respective heirs, executors, administrators, successors and assigns. 3. Any suit under this bond must be instituted within.the time provided by applicable law. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. INLAND ASPHALT COMPANY PRINCIPAL (CONTRACTOR) WQ)6t-312112013 P6ncipal Signature Date John Madden Printed Name General Manager Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY, � :9k —)3/21/201$ Surety Signature Date JESSICA ARNOLD Printed Name ATTORNEY -IN -FACT Title Name, address, and telephone of local office/agent of Surety Company is: MARSH USA INC. 601 W. MAIN STREET SPOKANE, WA 99201 City of Spokane Valley 6 Contract Fonns Sullivan Rd Street Preservation Project Bid No.: 13 -010 Certificate of Insurance THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION. ONLY AND CONFERS NO RIGHT UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN rNISIIRANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that Inland Asphalt Company NAME AND ADDRESS Liberty CPM Development Corporation dba kMutual. PO Box 3366 OF INSURED Spokane, WA 99220 -3366 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terns, exclusions and _ _ I -- -'___` -_ _.e __ �__..._..... ...:.t...e....e... ... ...L ;�h eh;c r ,rtiAi to may he issued_ Conditions and is not altered b any re u utremem, term or conwuuu u ut au cu­u.,c. •••••. - -- •• -• •- •••• - -- -- --- - - -- -- - - EXP DATE TYPE OF POLICY E El CONTINUOUS POLICY NUMBER L LIMIT OF LIABILITY ❑ EXTENDED P Q POLICY TERM WORKERS 9 9/1/2013 W WA7-C8D- 004095 -022 C COVERAGE AFFORDED UNDER EMPLOYERS LIABILITY WC7 -C81- 004095 -012 W STATES: Bodily Injury by Accident COMPENSATION S ALL STATES EXCLUDING B MONPOLISTICS STATES AND $ $1,000,000 Each Accident Bodily Injury by Disease NY B $1,000,000 Policy Limit OR, WI B Bodily Injury by Disease $1,000,000 Each Person General Aggregate - Other than Products / Completed Operations GENERAL LIABILITY 9 9/1/2013 T TB2- C81- 004095 -112 $ $2,000,000 r/ Products / Completed Operations Aggregate Q OCCURRENCE $ $2,000,000 ❑ CLAIMS MADE B Bodily Injury and Property Damage Liability ✓ $2,000,000 PerOccurence RETRO DATE P Personal Injury Included" Per Person /Organization Other O Other Included in BI /PD Liability F FIRE DAMAGE $100,000;PER PROJECT AGGREGATE $2,000,000 B.I hA d AUTOMOBILE 9 9/1/2013 A AS2 -C81- 004095 -122 $ dcP.n A Each Person LIABILITY Q OWNED Each Accident or Occurrence Q NON -OWNED Q HIRED E Each Accident or Occurrence OTHER 9/1/2013 E E Auto: Comp Ded $10,000 /Coll Ded $10,000 Compensation & Employers' 2 250,000; EXCESS WC Liability 2 20,000,000 (INCLUDES WA STOP GAP) EL $750,000 PER OCC ADDITIONAL COMDIENTS RE: 2013 Street Preservation Project - Phase 1, Project No. 0174 City of Spokane Valley and its officers, elected officials, employees, agents and volunteers are named as additional insured with respect to the above referenced project. Coverage is primary and non - contributory. Per project aggregate applies. ..f t ' If the certificate expiration date is continuous or extended term, you wui oe nounea a coverage a le mn�a—. i �c•..re • � ��• •••• -•••- - ••r.•- .- - - -- SPECIAL NOTICE - 01110: ANY PERSON WHO, WITH INTENTTO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER \\'110SE NAME AND TELEPHONE NUMBER APPEARS IN THE LO\1'ER RIGHT IIAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. Liberty INIIItUaI Insurance Group NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Spokane Valley Judith Balazentis 11707 E. Sprague Ave., Suite 106 Pit sburgh / 0387 AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 12 Federal Street, Ste. 310 o v z Pittsburgh PA 15212 -5706 412 - 231 -1331 3125/13 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is af(•orded by those Companies NM 772 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: RE: 2013 Street Preservation Project - Phase 1, Project No. 0174 City of Spokane Valley and its officers, elected officials, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date 09/01/12 Expiration Date 09/01/13 For attachment to Policy No. TB2 -C81- 004095 -112 Audit Basis Issued To SFC- RETARS { PIiI JI UI::\ "I' Countersigned by Authorized Representative Issued Sales Office and No. End. Serial No. se Pgh 0387 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Policy Number: TB2 -C81- 004095 -112 Issued by: LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON - CONTRIBUTORY — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: Any person or organization for which such coverage is required by written contract with the Named Insured. RE: 2013 Street Preservation Project - Phase 1, Project No. 0174 City of Spokane Valley and its officers, elected officials, employees, agents and volunteers If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule that is an additional insured on this policy, this policy will apply solely on the basis required by such written agreement If the applicable written agreement does not specify on what basis the liability insurance will apply, this insurance shall be excess over any other valid and collectible insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis. Condition 4 Other Insurance of Section IV is revised accordingly. LD 24 10 06 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 Designated Construction Project(s): RE: 2013 Street Preservation Project - Phase 1, Project No. 0174 City of Spokane Valley and its officers, elected officials, employees, agents and volunteers Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences under Section I — Coverage A, and for all expenses shall reduce the Designated Con - medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- struction Project General Aggregate Limit for t. A separate Designated Construction Project any other designated construction project General Aggregate Limit applies to each des- shown in the Schedule above. ignated construction project, and that limit is equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. 2. The Designated Construction Project General However, instead of being subject to the Aggregate Limit is the most we will pay for the General Aggregate Limit shown in the Decla- sum of all damages under Coverage A, ex- rations, such limits will be subject to the appli- cept damages because of "bodily injury" or cable Designated Construction Project Gen - "property damage" included in the "products- eral Aggregate Limit. 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 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally C. 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 cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical D. expenses shall reduce the amount available under the General Aggregate Limit or the Products - completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. E. 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 Project General Aggregate Limit. 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 will still be deemed to be the same construction pro- ject. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. This endorsement is executed by the LIBER'T'Y vtu,rUAL FIRE INSURANCE' COMPANY Premium S Effective Date 09/01/2012 Expiration Date 09/01/2013 For attachment to Policy No. "1132 -C81- 004095 -112 Audit Basis Issued To Countersigned by Issued Sales Office and No. Pgh - 0387 1 __....._..._.._ ........... _ ................... .........................._................................... ............................... Awlumrcd Rcprescncami 1?nd. Serial No. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ADVERTISEMENT FOR BIDS CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT BID # 13 -010 SULLIVAN RD STREET PRESERVATION PROJECT PHASE 1 - 2013 STREET PRESERVATION PROGRAM Notice is hereby given that the City of Spokane Valley, Spokane County, Washington will accept sealed bids for the Sullivan Rd Street Preservation Project. The project consists of sidewalk and curb work; catch basin, drywell and storm drain work; asphalt grinding; hot mix asphalt patching; and other related work. Copies of the bid packet including specifications and plans may be obtained in PDF format by downloading from the Spokane Valley FTP site. To obtain the FTP site password and to submit a bid for this project, Contractors must contact Darla Arnold, Spokane Valley Public Works, at 720 -5003 or by email at darnoId @s�okaneva1ley.org Monday through Friday from 8:00 a.m. to 5:00 p.m. Contractors will then be placed on the City's Planholder's list. Any addenda to this project will be sent only to those listed on the Planholder's list. 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 10:00 a.m. PSDT, Friday, March 8, 2013. 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. PUBLISH: Spokane February 22, and March 1, 2013 Christine Bainbridge, MMC Spokane Valley City Clerk SR25725 *Federal Tax ID No. 68- 0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane} ss Name: City of Spokane Valley Client ID RE: No. Lines: Case No: SR Number: Total Cost: $ 337.09 1 42365 79 25725 Order Number: 115457 I, Jean Robinson 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 one time(s), the publication having been made once each time on the following dates: February 22nd, 2013 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 newspaper proper and not in a supplement. Subscribed and sworn to before me at the City of Spokane, this 28th day of February, 2013 2 Notary Public in and for the State of Washington, U NOTARY .� residing at Spokane County, Washington — • (l-pUBL1C� �gRY30,7 OFu.A0a� SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: ADVERTISEMENT FOR BIDS No. City of Spokane Valley Public Works Department Bid # 13 -010 Sullivan Rd. Street Preservation Project AFFIDAVIT OF PUBLISHING Phase 1 -2013 Street Preservation Program) NOTICE STATE OF WASHINGTON ) )SS. County of Spokane ) MICHAEL HUFFMAN , being first duly sworn on oath deposes and says that he is the ED QR , of The Spokane ValleyNews 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 public notice as it was published in regular issues commencing on the 22nd day of February. 2013 and ending the 1st d f a2ch 2013 dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said perio �� ADVERTISEMENT FOR BIDS C PUBLIC WORKS DEPARTMENT ,.S S and SWORN to before me BID #13 -010 L� 1., %� SULLIVAN RD STREET PRESERVATION PROJECT. r'1 LL$ 1$r' day of March, 201`7. PHASE 1 -2013 STREET PRESERVATION PROGRAM ,t10�� a "J / //, State of Washington Nance ll herSpokaen that the Washington gton ` ® ®�{y AE Iq,�� /�` County of Spokane Kane Valley, Spokane County, Washington ` t�� •Y Y will accept sealed bids for the Sullivan Rd Street Preservation Project. The project �' S�OK EXp� . !�° I certify that I know or have satisfactory evidence that consists of sidewalk and curb work; catch '�\s r. • 0 basin, drywell and storm drain work; asphalt �: s; Michael Huffman is the pperson who appeared before grinding:hotmixaaphanpatchmg ; and other ) •o me, and said person acicnowled ed that he signed related work. -�rr' � P g Copies of the bid packet including in POF 1 • U ®1 r'" this mStTUmerit and acknowledged It r'0 be his free cations and plans maybe obtained in , =and voluntary format by downloading from the Spokane o t] � e Q y act for the uses and purposes men- Valley p Valley FTP site. To obtain the FTP site `�� tioned in the instrument. passwordendtosubmila bid forthis project. ° °.• • UI `r Contractors m Spokane ValleyuPublc Workss,, at7 0-5003 r •o ,•�5- 5.6';J� �� ♦ ♦` U/ orbyemailatdamoldO. .spokanevalteyorg, 0, /L+•• ° °• '� ♦ l.� Monday through "F1' from 8:00 a.m. to /S i ©� , I�' P� ♦ oleri Ctae Wentz 5:00 p.m. Contractors will then be placed ® ,N I on the City's Planholder's list. Any addenda ' / / /dp BOlae, °` Title' Notary ublic tothis project will be sent only to those listed y on the Planholder's list' M ointment expires: 5 -16 -15 All bids . must. be accompanied by_a-bltl y a pP xP depositinthe-form cia surety bond, postal money - order, cash. cashier's check, or certi- fied 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 �IiYL� -J 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 10:00 a.m. PSDT, Friday, March 8, 2013. Bid. openings will be hell immediately thereafter and read aloud in the City Council Cham• bers, Suite 101. The City of Spokane Valley reserves the right to waive any irregularities or infor- malities and to reject any or all bids. No bidder may withdraw his bid after the time announced for the bid opening, orbefore the award and execution of the contract, unless the award is delayed for a period exceeding sixty (60) days. PUBLISH: Spokane February. 22, and - March 1, 2013 Christine Bainbridge, MIMIC Spokane Valley City Clerk 2/22 & 311