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13-122.00 Cat's Eye Excavating: Bettman-Dickey Stormwater UpgradesContract � 1 THIS AGREEMENT, made and entered into this 7 day of 3� 1 • 2013, between the City of Spokane Valley under and by virtue of Title 35 RCW, as ame d and CAT'S EYE EXCAVATING 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: Bettman- Dickey Stormwater Upgrades Project SVPW Contract #13 -018 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. 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 $164,000.95. 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 , 2013. Date Print Name Title Signature City of Spokan alley �' 1 aC Y bb S p Cirolane ,, %11ey BOND NO: csB0004456 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane. County, has awarded to Cat's Eye Excavatin e (Contracto), as Principal, a contract for the construction of the project designated as Beaman- Dickey Stormwat.. Upgrades Protect in Spokane Valley, Washington, and said Principal is required under the terrlis :of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and Contractor's Bonding & Insurance Company (Surety), a corporation, organized under the laws of Washington and licensed to do business in the State of Was as surety and ty named in the Current list of Sure Companies Acceptable in Federal Bonds" as published m the Fedeial_Register by the a. 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 $164,000.95 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, .11 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 ib said 'Contra: ct that may hereafter . made, at the time and in the manner therein specified; shall warranty the work as provi1. ed 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 fiilfilled, 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 nonce to Surety is not required for such increased obligation. y , bond will only be accepted in two original counterparts, and si�Q�� signed by the parties' duly authorized officers. This Thus bond ma be executed y p ed if it is accompanied by a fully exe!`a and original power of attorney for the offi cer executing on behalf of the surety. ��(? PRINCIPAL CON R) 07/12/2013 Pr ipal. Signature Date. Bryan Woodward . Printed Name President Title Power of Attorney . Title Name, address, and telephone of local office /agent of Surety*Company is; addock Co Inc 111 Northwood Center Court, Coeur d'Alene, ID 83814 Misr •,� off,......,• * ..�a: rnY of Spokane �va1ey* BOND NO: - CSB0004456 CONTRACTOR'S PAYMENT BOND (NO.N- FEDERALLY FUNDED PROJECT) to City of Spokane valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Cat's Eve Excavating (Contractor), as Principal. a contract for the construction of the ro'ect designated as B p p � ettman- Dickey Stormwater Uuerades Erotect, in Spokane Valley, Was hin on and said Principal is required under the terms of the Contract to Rirmsh a payment. bond in ,..gt p ,.,. accordance with chapter 39.08.Revised Code of Washington (RCW). The Principal, and Contractor's Bonding & Insurance. Company (Surety), a corporation organized under the laws Washington 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 m 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 $164,000.95 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, o. r assigns shall pay all persons in accord . an,c with chapters 59.08 and 39.12 RCW, including all workers, laborers, mechanics; subcontractors, and iriaterialtnen, 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, ex: cept 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 modificati ons 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. Tlis bond may be executed in two original counterparts, and��G1i be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully and original power of attorney for the officer executing on behalf of the surety. y�G J CL (C`�VT'R,R4CT S TY 07/12/2013.. Yz -7/1 212 01 3 Prin aj Signature Date Surety ignature Date Bryan Woodward Randy G Haddock Printed Name Printed Name .President Power of Attorney Title Title Name, address, and telephone of local office /agent of Surety Company is: _ Haddock Co, lnc: «.. 1311 Northwood Center Court, Coeur d'Alene, ID 83814. n�'� Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Randy G. Haddock in the City of Coeur D Alene _, State of Idaho its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00 /100 Dollars f $10,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adonted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 27th day of Amril 1 2012 1 �ttG AND �'Q°j;' OpPOggrncny' m cl :SEAL ;Z °u'• 1979 • • °r State of Washington ' SS oi,it�ASN'N GZG�,�`�```` County of King On this 27th day of Anril 2012 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged'that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. yhjte�Od Joseph B. uller Notary Public Notary Public State or Washington JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2018 Contractors Bonding and Insurance Company Roy C. Die _..� Vice President CERTIFICATE I, the ,undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this 107-4h- , day ofl]�, o2vi Contractors Bonding and Insurance Company Zf f ��� ._: Roy C. Die Vice President 1175451032912 A0059511 Contractors Bonding and Insurance Company Ch is 1213 Valley Street P.O. Box 9271 .� au euma.+a Seattle, WA 98109 -0271 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Randy G. Haddock in the City of Coeur D Alene _, State of Idaho its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00 /100 Dollars f $10,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adonted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 27th day of Amril 1 2012 1 �ttG AND �'Q°j;' OpPOggrncny' m cl :SEAL ;Z °u'• 1979 • • °r State of Washington ' SS oi,it�ASN'N GZG�,�`�```` County of King On this 27th day of Anril 2012 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged'that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. yhjte�Od Joseph B. uller Notary Public Notary Public State or Washington JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2018 Contractors Bonding and Insurance Company Roy C. Die _..� Vice President CERTIFICATE I, the ,undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this 107-4h- , day ofl]�, o2vi Contractors Bonding and Insurance Company Zf f ��� ._: Roy C. Die Vice President 1175451032912 A0059511 SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: ADVERTISEMENT FOR BIDS City of Spokane Valley Public Works Department Bid# 13 -018 Bettman- Dickey Stormwater Upgrade Project STATE OF WASHINGTON ) )SS. County of Spokane ) No. AFFIDAVIT OF PUBLISHING NOTICE MICHAEL HUFFMAN , being first duly sworn on oath deposes and says that he is the EDITOR , of The Spokane ValleyNews Herald, a weeklynewspaper. Thatsaid newspaper is a legalnewspaper and itis now andhasbeenfor more thansix 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 s published in regular issues commencing on the 14th day of June. 2013 and ending the 21st da f �ates in u , nd that such newspaper was regularly distributed to its subscribers during all of said period. ADVERTISEMENT FOR BIDS CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT BID 013.018 SETTMAN- DICKEY STORMWATER UPGRADE PROJECT Notice is hereby given that the City of Spo. kane Valley, Spokane County, Washington, E, DICKEYISTORMIWATERBUPGRADE \`,�1 PROJECT. The project consists of instal- lation of an underground piped stormwater \ ®® conveyance system for the Settman Road' SON °EXP74 - ° watershed. g Copies of the bid packet Including specifi- cations and plans may be obtained In PDF L format by downloading from the Spokane'r Q Valley I site. To obtain the FTP site ,U password and to submRa bid formo project, g ; ``s ��G °m Contractors must contact DarlaAmold, Spo- ° P -Kane Valley Public Works, at 509- 720-5003 ; or by email at damcld ®spokanevalley.orto N ` Monday through Friday from 8:00 a.m. to (�a ° �6• ° N 5:00 p.m. Contractors will then be placed J " °`° 5� .+ ° \� on the City's Planholder's list Any addenda tothis projectwill be sentonlytothose listed ®® OF on All the bids Im must be ao accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashiers check, or certi- fied check in an amount equal to five percent (5 %) of. the amount of the bid proposed. Failure to fumish 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, June 28, 2013. The bids will be opened immediately thereafter and read aloud in the City Council Chambers, Suite 101. Bid results will be posted that afternoon on the City's website. 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 forthe bid opening, or before the award and execution of the contral unless the award is delayed for a period exceeding sixty (60) days. PUBLISH: Spokane June 14 and June 21, 2013 Christine Bainbridge, MMC Spokane Valley City Clerk 6114 & 6/21 i r _ In this 21st day of June, 2013. State of Washington County of Spokane I certify that I know or have satisfactory evidence that Michael Huffman is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes men - tione in the instrument. Jolene Rae Wentz Title: Notary Public My appointment expires: 5 -16 -15 .A11�.yo PL"VL1 ADVERTISEMENT FOR BIDS CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT BID 013 -018 BETTMAN- DICKEY STORMWATER UPGRADE PROJECT Notice is hereby given that the City of Spokane Valley, Spokane County, Washington, will accept sealed bids for the BETTMAN- DICKEY STORMWATER UPGRADE PROJECT. The project consists of installation of an underground piped stormwater conveyance system for the Bettman Road watershed. 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 509 -720 -5003 or by email at darnold @spokanevalley.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, June 28, 2013. The bids will be opened immediately thereafter and read aloud in the City Council Chambers, Suite 101. Bid results will be posted that afternoon on the City's website. 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. SR26258 *Federal Tax ID No. 68- 0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane} ss Name: City of Spokane Valley Client ID: 52365 PO No. SR26258 No. Lines: 75 Total Cost: $640.50-,' Order No. 126969 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 two time(s), the publication having been made once each time on the following dates: June 14 & 21, 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. (1e� )h Subscribed and sworn to before me at the City of Spokane, this 21st day of June , 2013. (z,N- SION NOTARY NUf3LtC IN t ry Public in and for the State of Washingtonresiding at Spokane County, Washington OFwnSN� Notary Stamp ���5 Paper Affidavits