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HomeMy WebLinkAboutElite Construction & Development - MN9-GN-9M-17-01 Reroof City BldgsCONTRACT SMALL WORKS ROSTER REROOF CITY BUILDINGS Martin Luther King Center, Police Training Center, Police Mini Station and City Hall Project No. MN9-GN-9M-17-01 THIS CONTRACT is made and entered into this .20'�—day of Qrl 2017, by and between the City of Pasco, Washington, a Municipal Corporation, flereinafter referred to as "City", and ELITE CONSTRUCTION & DEVELOPMENT, LLC., hereinafter referred to as "Contractor." WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster contract, or a limited public works contract; and WHEREAS, the City having sought and secured quotations from its s;gall works roster, and the Contractor being duly qualified as a Contractor on the small works roster having submitted a quotation acceptable to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials and appurtenances and perform all services in a workmanlike manner and in accordance with the plans and specifications as provided in the Project Description and Specifications, attached hereto as Exhibit A. 2. Compensation. Compensation for the performance of the service and materials as described in Exhibit A shall be: That amount set in the quotation attached hereto as Exhibit B subject to any retainage or withholdings as provided below. 3. Time of Completion. The work covered by this Contract shall be completed with all respects within 55 working days from the date of the Notice to Proceed. Once the work is commenced, the Contractor shall diligently pursue the work to completion within the time specified in this Contract. 4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public works contract in compliance with RCW 39.04.350; and further agrees to comply with all State and Federal laws relating to the employment and wage rates to be paid. Small Works Contract — Reroof City Buildings Elite Construction & Development, LLC. Page 1 5. Indemnification. 5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 5.2 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 injuries or damages to property caused by or resulting from the concurrent negligence of the Contractor, and the City, its officers, employees, agents and volunteers, the Contractor's liability and obligation to defend hereunder shall only be the proportionate extent of the Contractor's negligence. 5.3 It is further agreed that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 5.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 5.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Contractor's delayed or failed performance of Section 6 above. 5.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 6. 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, its agents, representatives, employees, or subcontractors. 6.1 Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 6.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Small Works Contract — Reroof City Buildings Elite Construction & Development, LLC. Page 2 6.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. 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. 6.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 6.2 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 6.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 6.2.2 Commercial General Liability insurance shall be written with limits no less than: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 6.3.1 The Contractor's insurance coverage shall be primary insurance as respects 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. 6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than A:VII. 6.5 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Small Works Contract — Reroof City Buildings Elite Construction & Development, LLC. Page 3 Retainage and Performance Bond. 7.1 Unless it is waived as provided below, the Contractor shall provide and post for the benefit of the City a Performance and Payment Bond issued by a qualified surety insuring the Contractor's performance of all the provisions of the Contract and payment of all labors, mechanics, and subcontractors and materialmen as required by RCW 39.08.010. 7.2 The City shall withhold five percent (5%) of the money due to the Contractor for the work performed under this Contact until completion and/or acceptance of the Contract as provided by RCW 60.28.011. Contractor may elect an option for management of the statutory retainage by notice to the City of the elected option under RCW 60.28.011. 8. Work Site Conditions. The work performed under this Contract is done at the Contractor's risk and that Contractor is familiar with the conditions present and other contingencies likely to affect the work, and has submitted their quote accordingly. The Contractor will assume the responsibility and risk of all loss or damage to materials or work which may arise prior to completion. The Contractor shall keep the work site in a neat, orderly condition and after completion of the work, the Contractor shall, at its expense, clean up and remove all refuse and unused materials of any kind resulting from the work. 9. General Provisions. 9.1 For the purpose of this Contract, time is of the essence. 9.2 Notice. Notice provided for in this Contract shall be sent by: 9.2.1 Personal service upon the Project Administrators. 9.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 9.3 The Project Administrator for the purpose of this Contract shall be: 9.3.1 For the City: Dan Dotta Acting Admin & Community Services Director 525 North 3rd Pasco WA 99301 DottaDna oasco-wa.aov (e-mail address) 9.3.2 For the Contractor: Ryan Wahlbrink, or his/her designee Elite Construction & Development, LLC. PO Box 6897 Small Works Contract — Reroof City Buildings Elite Construction & Development, LLC. Page 4 Kennewick, WA 99336 Phone: 509-545-3975 RyanAelitecnd.com (e-mail address) 10. Dispute Resolution. This Contract has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. In the event of a dispute regarding the enforcement, breach, default or, interpretation of this Contract, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IN WITNESS WHEREOF, the parties have executed by their duly authorized official this Contract in triplicate, each of which being deemed an original on the date first written above. CITY OF PASCO, WASHINGTON Dave Zabell, City Manager City of Pasco 525 North 3rd Pasco WA 99301 (509)543-5759 E -Mail: DottaDna,yasco-wa.gov ATTEST: Sandy KedWorthy, Acting City Jerk APPR AS TO FORM: Leland B. Kerr, City Attorney Elite Constru�on & Development P.O. Box 6897 Kennewick, WA 99336 (509) 545-3975 E -Mail: Rvan ,Elitecnd.com Registration No. ELITECD876CO Officer Small Works Contract — Reroof City Buildings Elite Construction & Development, LLC. Page 5 proposa9 Client: CITY OF PASCO Property: 205 N. WEHE AVE PASCO, WA 99301 Estimator: Position: Address: Date Entered: Latest Revision: Exhibit A Ryan Wahlbdnk Project Manager/Estimator P.O. Boz 6897 Kennewick, WA 99336 3/28/2017 Labor Efficiency: Commericial -Prevailing Wage- Franklin County Estimate: Job Name: MLK CENTER 205 N. WEHE AVE Contact: HALEY MEREDITH 509-545-3447 Email ..' o. Business: 509-545-3975 Cell: 509-713-0943 Date Job contracted: Date Job completed: We hereby propose to furnish all materials quoted and perform the labor necessary for the property improvements of: 205 N. Wehe Ave, Pasco, WA 99301 Scope of work to be coordinated by project manager & client. A schedule & time table to be discussed for completion of phases before project begins. All material guaranteed to be specified and the above work to be performed in accordance with all city codes and completed in a substantial workmanlike manner. General Notes: " Material Warranty: 15 years " labor Warranty provided by Elite Construction and Development: 15 years m Includes City of Pasco building permit o Prevailing wage rates for Franklin County Scope of Work.: Set up all City Inspections during scope of work — sheeting inspection, insulation and TPO installation Set up safety perimeter for ground operations, dumpster location and other supplies — "caution tape" 4 Tear off existing roofing material, all layers a Remove all existing foam boards and separation sheets Safely dump all tear off debris in approved dumpsters and transport to city dump location Inspect Roof Deck for any dry rot or damaged sheeting that may need to be replaced o If dry rot exists, pictures will be takend of affected areas and a work order will be provided to the customer. " Remove all indicated cap metal and dispose e Install one layer of 2.6 inch GAF EnergyGuard polyiso insulation over entire roof decks — 4 buildings — R15 Value G Install crickets to promote positive water flow in specified locations o Install new 1/4" Dens Deck over entire roof deck Install new GAF 60 mil TPO — mechanically attached with barbed plates and screws Fasteners #14 — 5 inch size Install new TPO RetroDrains Install new TPO thru wall scuppers 4 Install new 1-6 inch TPO pipe boots Install new white 24 gauge cap metal flashing to all parapet walls and perimeter edges 4 Clean roof deck and check seams to ensure a water tight seal. Clean up of grounds and surrounding areas 4 Work order amounts and costs: o Replace existing plywood or 056 boards: $55 per 4x8 sheet o Facia Work and any carpentry repairs: Material Cost +$60 per hour Standard Exclusions: Not included in the scope of work Electrical work, wiring and outlets HVAC units, service of repairs wae.recaereco ox.�dws> �..sMs>;�eae A09aa 699>x�niiervp.. WPryy36 SC9 Y539>5 SpJ I'3: 9:B9. yM9tl/1�5a L'a= Notes: **Staging & storage of building material will be coordinated between project manager and customer. **All construction work will be coordinated with weather forecast to avoid rain water damage SUMMARY PROJECT TOTAL $127,739.30 Sales Tax @ 8.60% $10,985.58 Grand Total $138,724.88 1- "o c,'A-A" — 3�y t /1 -I,- Payments and Policies as follows: Payments to be made to Elite Construction & Development, 30% at signing & progressive billing submitted at month end and paid no later than the 10th of the fallowing month. Any Changes to the agreed proposal will require a signed change order, prior to beginning new scope of work. Elite Construction & Development is responsible for maintaining a clean working environment on a daily basis, all construction debris & disposal to be handled by Elite unless otherwise noted. Fifteen (15) year warranty on all craftsmanship from date on signed certificate of completion. RYAN WAHLBRINK I PROJECT MANAGER -ESTIMATOR ELITE CONSTRUCTION & DEVELOPMENT PO Box 6897 Kennewick WA, 99336 O: 5D9-545-3975 C: 509-713-9043 Accepted By: Print: Q 2017 by Elite Construction & Development, U.C. Date: All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Elite Construction & Development. .,U kadp ww.cu*ncrxraco ox�.ev.;r weaxsMwnnm o aw mvr.aw..�w. sas3a soss.s svrssovnr sev soe aer �osu Proposal Client: CITY OF PASCO Property: 333 S. WEHE AVE PASCO, WA 99301 Estimator: Ryan Wahlbrink Position: Project Manager/Estimator Address: P.O. Box 6897 Kennewick, WA 99336 Date Entered: 3/28/2017 Latest Revision: Labor Efficiency: Commericial - Prevailing Wage - Franklin County Estimate: Job Name: POLICE MINI STATION - 333 S. WERE AVE Contact: HALEY MEREDITH 509-545-3447 Email: Business: 509.545-3975 Cell: 509-713-0943 Date Job contracted: Date Job completed: We hereby propose to fumish all materials quoted and perform the labor necessary for the property improvements of: 333 5. Wehe Ave, Pasco, WA 99301 Scope of work to be coordinated by project manager & client. A schedule & time table to be discussed for completion of phases before project begins. All material guaranteed to be specified and the above work to be performed in accordance with all city codes and completed in a substantial workmanlike manner. General Notes: • Material Warranty: 15 years • Labor Warranty provided by Elite Construction and Development: 15 years • Includes City of Pasco building permit • Prevailing wage rates for Franklin County Scope of Work: • Set up all City Inspections during scope of work — sheeting inspection, insulation and TPO installation • Set up safety perimeter for ground operations, dumpster location and other supplies —"caution tape" • Tear off existing roofing material, all layers e Remove all existing foam boards and separation sheets • Safely dump all tear off debris in approved dumpsters and transport to city dump location • Inspect Roof Deck for any dry rot or damaged sheeting that may need to be replaced • If dry rot exists, pictures will be takend of affected areas and a work order will be provided to the customer. • Remove all indicated cap metal and dispose • Install new '/4" Dens Deck over entire roof deck • Install new GAF 60 mil TPO — mechanically attached with barbed plates and screws • Fasteners #14 — 3 inch size • Install new 3x3 TPO clad metal at all perimeter edges — white 24 gauge • Install new 1-6 inch TPO pipe boots • Install new 10 inch metal "Flapper style" exhaust vents to replace existing • Clean roof deck and check seams to ensure a water tight seal. Clean up of grounds and surrounding areas • Work order amounts and costs: o Replace existing plywood or OSB boards: $55 per 4x8 sheet o Facia Work and any carpentry repairs: Material Cost +$60 per hour Standard Exclusions: Not included in the scope of work Electrical work, wiring and outlets HVAC units, service or repairs Notes: **Staging & storage of building material will be coordinated between project manager and customer. **All construction work will be coordinated with weather forecast to avoid rain water damage Lb"d r� Cl SUMMARY PROJECT TOTAL $14,997.17 Sales Tam @ 8.60% $1,289.76 Grand Total /$$16,286.93 q"/ 31?, ell - Payments and Policies as follows: Payments to be made to Elite Construction & Development, 30% at signing & progressive billing submitted at month end and paid no later than the 10th of the following month. Any Changes to the agreed proposal will require a signed change order, prior to beginning new scope of work. Elite Construction & Development is responsible for maintaining a clean working environment on a daily basis, all construction debris & disposal to be handled by Elite unless otherwise noted. Fifteen (15) year warranty on all craftsmanship from date on signed certificate of completion. RYAN WAHLBRINK I PROJECT MANAGER -ESTIMATOR ELITE CONSTRUCTION & DEVELOPMENT PO Box 6897 Kennewick WA, 99336 0:509-545-3975 C: 509-713-9043 Accepted By: Print: 0 2017 by Elite Construction & Development, LLC. Date: All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Elite Construction & Development, t irked w�-eu.Econ>eco w.ias.s. ruernsmwneae o eo. w•zz r<nw..�x. w> sv+ae wssasarrs am,n veev vs>m, mso pmpasa9 Client: CITY OF PASCO Property: 204 W. Clark Ave PASCO, WA 99301 Estimator: Ryan Wahlbrink Position: Project Manager/Estimator Address: P.O. Box 6897 Kennewick, WA 99336 Date Entered: 3/28/2017 Latest Revision: Labor Efficiency: Commericial -Prevailing Wage -Franklin County Estimate: Job Name: POLICE TRAINING CENTER Contact: HALEY MEREDITH 509-545-3447 Email: Business: 509-545-3975 Cell: 509-713-0943 Date lob contracted: Date Job completed: We hereby propose to furnish all materials quoted and perform the labor necessary for the property improvements of: 204 W. Clark Ave, Pasco, WA 99301 Scope of work to be coordinated by project manager & client. A schedule & time table to be discussed for completion of phases before project begins. All material guaranteed to be specified and the above work to be performed in accordance with all city codes and completed in a substantial workmanlike manner. General Notes: Material Warranty: 15 years Labor Warranty provided by Elite Construction and Development: 15 years o Includes City of Pasco building permit Prevailing wage rates for Franklin County Scope of Work: D Set up all City Inspections during scope of work — sheeting inspection, insulation and TPO installation o Set up safety perimeter for ground operations, dumpster location and other supplies — "caution tape" D Tear off existing roofing material, all layers o Remove all existing foam boards and separation sheets 4 Safely dump all tear off debris in approved dumpsters and transport to city dump location Inspect Roof Deck for any dry rot or damaged sheeting that may need to be replaced o If dry rot exists, pictures will be takend of affected areas and a work order will be provided to the customer. D Remove all indicated cap metal and dispose - leave upper Ne capping in place D Install new r/i" Fan Fold on roof deck::: rounded section of building to soften roof deck again any imperfections. D Install new 1/4" Dens Deck over !-:ch sectrons only o Install new GAF 60 mil TPO — mechanically attached with barbed plates and screws D Fasteners #14 — 3 inch D Install new 1-6 inch TPO pipe boots o Leave existing perimeter edge "tile capping" on upper section roof 4 Install new white 24 gauge cap metal flashing to all parapet walls and perimeter edges on lower roof section only o Install new NuRay standing seam metal roofing — 12 inch wide panels — 26 gauge — to match existing roofing. rc - I .. Install (6) new 3x4 aluminum downspouts and collector boxes — color to be determined 4 Install new 1-6 inch TPO pipe toots Clean roof deck and check seams to ensure a water tight seal. Clean up of grounds and surrounding areas Work order amounts and costs: o Replace existing plywood or OSB boards: $55 per US sheet o Facia Work and any carpentry repairs: Material Cost +$6o per hour Standard Exclusions: Not included in the scope of work Linlued[M W4Et�iECOtl>SDD OF-�aiv>) MEEA,im93[�900 PU �Bi9)NannewW. WP.HJ:i6 °A95a5AJ5- SOi rla.y289 wY9B1 iM0 Electrical work, wiring and outlets HVAC units, service or repairs Notes: *"Staging & storage of building material will be coordinated between project manager and customer. "All construction work will be coordinated with weather forecast to avoid rain water damage SUMMARY PROJECT TOTAL $49,751.30 Sales Tax @ 8.60% $4,278.61 Grand Total $54,029.91 Payments and Policies as follows: Payments to be made to Elite Construction & Development, 30% at signing & progressive billing submitted at month end and paid no later than the 10th of the following month. Any Changes to the agreed proposal will require a signed change order, prior to beginning new scope of work. Elite Construction & Development is responsible for maintaining a clean working environment on a daily basis, all construction debris & disposal to be handled by Elite unless otherwise noted. Fifteen (15) year warranty on all craftsmanship from date on signed certificate of completion. RYAN WAHLBRINK I PROJECT MANAGER - ESTIMATOR ELITE CONSTRUCTION & DEVELOPMENT PO Sox 6897 Kennewick WA, 99336 0:509-545-3975 C: 509-713-9043 Accepted By: Print: Date: ® 2017 by Elite Construction & Development, LLC. All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Elite Constmction & Development. LLwedO� WA{IIiEC00)KO p4iB9,5) YBEM]MB]tf BEO YO Bw BBYi BFMM1TM1:.l W900]]6'509Su530]5 509 t], 918990990)1050 proposal Client: CIN OF PASCO Property: 525 N. 3rd Ave PASCO, WA 99301 Estimator: Ryan Wahlbrink Position: Project Manager/Estimator Address: P.O. Box 6897 Kennewick, WA 99336 Date Entered: 3/28/2017 Latest Revision: Labor Efficiency: Commericial -Prevailing Wage -Franklin County Estimate: Job Name: CITY HALL- INDICATED SECTION Contact: HALEY MEREDITH 509-545-3447 Email: Business: 509.545-3975 Cell: 509-713-0943 Date Job contracted: Date Job completed: We hereby propose to furnish all materials quoted and perform the labor necessary for the property improvements of: 525 N. 3rd Ave, Pasco, WA 99301 Scope of work to be coordinated by project manager & client. A schedule & timetable to be discussed for completion of phases before project begins. All material guaranteed to be specified and the above work to be performed in accordance with all city codes and completed in a substantial workmanlike manner. General Notes: o Material Warranty: 15 years Labor Warranty provided by Elite Construction and Development: 15 years a Includes City of Pasco building permit a Prevailing wage rates for Franklin County Scope of Work: C Set up all City Inspections during scope of work — sheeting inspection, insulation and TPO installation Set up safety perimeter for ground operations, dumpster location and other supplies — "caution tape" Tear off existing roofing material, all layers Remove all existing foam boards and separation sheets a Safely dump all tear off debris in approved dumpsters and transport to city dump location e Inspect Roof Deck for any dry rot or damaged sheeting that may need to be replaced o If dry rot exists, pictures will be takend of affected areas and a work order will be provided to the customer. Remove all indicated cap metal and dispose o Install two layers of 2.6 inch GAF EnergyGuard polyiso insulation over entire roof deck — R30 Value o Install crickets to promote positive water Flow in specified locations e Install insulation plates and fasteners Install new 1/o" Dens Deck over entire roof deck Install new GAF 60 mil TPO — mechanically attached with barbed plates and screws Fasteners #14 — 7 inch size Install new TPO RetroDrains Install new white 24 gauge cap metal flashing to all parapet walls and perimeter edges a Install new 1-6 inch TPO pipe boots o Clean roof deck and check seams to ensure a water tight seal. Clean up of grounds and surrounding areas o Work order amounts and costs: o Replace existing plywood or OSB boards: $55 per US sheet o Fada Work and any carpentry repairs: Material Cost + $60 per hour Standard Exclusions: Not included in the scope of work Electrical work, wiring and outlets HVAC units, service or repairs Ld ked _ _o ons +.i raeearsMom=eae Notes: **Staging & storage of building material will be coordinated between project manager and customer. **Ali construction work will be coordinated with weather forecast to avoid rain water damage SUMMARY PROJECT TOTAL $31,611.33 Sales Tax @ 8.60% $2,718.57 Grand Total $30,329.90 Payments and Polities as follows: 3/.;—elv- Payments to be made to Elite Construction & Development, 30% at signing & progressive billing submitted at month end and paid no later than the loth of the following month. Any Changes to the agreed proposal will require a signed change order, prior to beginning new scope of work. Elite Construction & Development is responsible for maintaining a clean working environment on a daily basis, all construction debris & disposal to be handled by Elite unless otherwise noted. Fifteen (15) year warranty on all craftsmanship from date on signed certificate of completion. RYAN WAHLBRINK I PROJECT MANAGER - ESTIMATOR ELBE CONSTRUCTION & DEVELOPMENT PO Box 6897 Kennewick WA, 99336 0:509-545-3975 C: 509-713-9043 Accepted By: Print: Date: ® 2017 by Elite Construction & Development, I.I.C. AII rights reserved. No part of this document may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of Elite Construction & Development. t Ned ©ID NMfL1:EC�tl'.�O pqlflya5) •BF+a5MA41000 P O Ba, 809] Karmwux. W9091W - 504N5 3Y�5 509 -:]i -92D9 58998�1050 cLIT FAQ: Wiry do I need to hire Elite Construction & Development as (GC) for my roofing project? Hiring Elite Construction & Development as a General Contractor will bring their expertise into the preparation, building, quality control, and completion of your project. It is the best way to ensure your project will proceed in a timely fashion, and with the fewest possible surprises. What should 1 expect from Elite Construction & Development during construction? One of the most important things Elite Construction & Development has to do Is keep an open dialog with their clients. This will ensure there are no surprises. A lead man or project manager would be assigned to your job, and would be available to handle any questions or concems you might have. You should be receiving constant updates on project schedules, additional required work, or other problems that crop up. Expect all workers and subcontractors to be courteous, professional, and helpful. You should also expect the job site to be cleaned daily, with debris gathered together, and all walkways clear. The work areas are to be contained as much as possible, and protect the non -work areas as best as possible. You should NOT expect there to be workers on your job every day. There will be days that, due to scheduling, subcontractor availability, and material deliveries, there may be no workers on site. Why should I trust Elite Construction & Development to handle a project of the size and scope that we are contemplating? Elite Construction & Development is capable of handling virtually any project from modest repairs and restorations to complex renovations and new facility construction. Their management team is well versed in project management. The size and scope of each project is carefully evaluated to ensure that appropriate resources are engaged and tasked to complete your project on time and on budget. Elite's team takes a personal interest in each and every one of their projects. As the founders of Elite Construction & Development would like to say all they have at the end of the day is their reputation to stand on. DISCLAIMER - Image & video permission. I hereby grant permission to Elite Construction & Development and its assigns and licensees to take photographs or videos of any construction. I give Elite Construction & Development permission to use these images or videos as follows: The use may include reproduction, distribution, derivative works, display, and performance. The use may be in composite or modified forms and in any media, now known or later developed, including without limitation newspapers, television, radio, the world-wide Web, and social media. The use may be for any purpose throughout the world and in perpetuity, including, without limitation, education, trade, advertising, and promotion. 1 further acknowledge that I will not be compensated for these uses, and that Elite Construction & Development exclusively owns all rights to the images, videos, and recordings, and to any derivative works created from them. I waive the right to inspect or approve the uses of any printed or electronic copy. I hereby release Elite Construction & Development and Its assigns and licensees from any claims that may arise from these uses, including without limitation claims of defamation or invasion of privacy, or of infringement of moral rights or rights of publicity or copyright. This Release is binding on me, my heirs, assigns, and estate. Elite Construction & Development is not obligated to use any of the rights granted under this Release. This Release expresses the complete understanding of the parties. wweurecoe.eco ox.,nwn woe+ns,essx,eee a o so, een «e„w,.„,e. wn eswe - wsoas as,s - sm.rs� nes � srese> rasa B1222553 THE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR (Name, legal status and address): Elite Construction & Development LLC P.O. Box 6897 Kennewick, WA 99336 OWNER (Name, legal status and address): City of Pasco 525 N. 3rd Pasco, WA 99301 CONSTRUCTION CONTRACT BOND Date: Amount: $243,371.62 Description (Name and location): Project No. MN9-GN-9M-17-01, Reroof City Buildings SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 450145141 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Arry singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is not a single combined Performance and Payment Bond. Date (Not earlier than Construction Contract Date): April 20, 2017 Amount: $243,371.62 Modifications to this Bond: ❑Q None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: �fporate Seal) Company: Como Seal) Elite Construction & _> el m THE CINCINTI INSU E COMPANY Signature: f Signature: Name and Title: , 6b -0J00,,— Name and Title: Cheryl Moore, Attorney in Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Michael Button/Payne West Insurance Inc or other party): The Company exeaning this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S -2100 -AIA -A312 (11/10) PERFORMANCE BOND Page 1 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 53 Obtain bids or negotiated proposals from quabifed contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, b be secured with performance and paynrntbonds executed by a qualfued suretyequivalentto flee bonds issted on he Construction Contract,andpay to the Ownerthe amcuntof dampges asdescnbed in Section 7 in excess of the Balance ofthe ContractPrice incurred by the Ovneras a result ofthe Contractor Default; or 5.4 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 determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment 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. The Company eveenrting this bond vouches that this document conforms to America[ Institute of Architects Document A312, 2010 Edition. S -2100 -AIA -A312 (11/10) PERFORMANCE BOND Page 2 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 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 Any proceeding legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which the signature appears. 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 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. When so furnished, the intent is that this Bond shdl be construed as a statuary bord and notal a common law bond 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 3 16 Modifications to this bond are as follows: (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: The Company executing this bond vouches that this docurnent conforms to American Institute of Architects Documnt A312, 2010 Edition. S -2100 -AIA -A312 (11/10) PERFORMANCE BOND Page 4 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint John R. Mostoller; Michael R. Button; Roxann D. Shuck; Roxanna S. Eslinger; Pamela R. Urlacher and/or Cheryl Moore of Richland, Washington its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Five Million and No/100 Dollars ($25,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7'" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this I" day of October, 2015. a WRNRATE ; THE CINCINNATI INSURANCE COMPANY � SEAL d A - Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER ) On this I" day of October, 2015, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. 00,01111111a, . s,it1A! ,s At t O MARK J. H LLER, Attorney at Law NOTARY PUBLIC • STATE OF OHIO MY commission has no expiration W�1y OF date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 20thday of April, 2017. ,yJ 1"!W� d�txWHxlpTE � $ SEAL Bale BN -1005 (10115) Secretary B1222553 THE CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address): Elite Construction & Development LLC P.O. Box 6897 Kennewick, WA 99336 OWNER (Name, legal status and address): City of Pasco 525 N. 3rd Pasco, WA 99301 CONSTRUCTION CONTRACT BOND Date: Amount: $243,371.62 Description (Name and location): Project No. MN9-GN-9M-17-01, Reroof City Buildings SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRF IELD, OHIO 45014-5141 Date (Not earlier than Construction Contract Date): April 20, 2017 Amount: $243,371.62 Modifications to this Bond: x❑ None This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, info one form. This is not a single combined Performance and Payment Bond. ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Cor rate Seal) Company: Cor orate Seal) Elite Construction el THE CINCI A I INS COMPANY Signature: Signature: qAllj 17 Name and Title: tQ, T UY� 00-'6Lx°✓Name and Title: Cheryl Moore, Attorney in Fact (Any additional' atures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Michael Button/PayneWest Insurance Inc. or other parry): The Company executing this bond vouches that this document conforns to American Institute of Architects Document A31Z 2010 Edition. S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 5 11)5;z7 /y 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, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Constructor Contract, the Surety's oblgation to the Owner under his Bond shdl arise after the Owner has promptly notfied die Contractor and the Suety (atthe address described in Section 13)of claims, demands, lens or suits against he Owner orthe Owner's property by anyperson orentity seeking paynentfor labor, materials or equipmentfurnishedforuse in the perbrmance ofthe Construction Contract and tendeed defenseof such claims, demands, liens or suit, to the Contractmand the Surety. 4 When the Owner has satisfied tie conditions in Sectnn 3, tie Surety shall promptly and at the Surety'sexpense defend, indemnify and holdharmless the Owneragainsta duly tendered claim, demand, lien orsuit. 5 The Surety'sobhgations b a Claimant under this Bond shall arise after the frillowing: 5.1 Claimams,who do not have a duct contractwith the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent Claim to the Surety (at the address described it Section 13). 6 I a notice ofnon-paymentrequired by Sectnn 5.1.1 is given by he Owner to the Contactor, that is sufficient to satisfy a Claimant's obligation b furnish a written notice ofnon-payment under Section 5.1.1. 7 When a Claimanthas safafied the conditons ofSections 5.1 or5.2, whichever is applicable, die Surety shallpromptly and at the Surety's expense take the folowi ng actions: 7.1 Send an answer to the Claimant, with a copy b the Owner, within sixty (60) days after receiptof the Claim, stating ire amounts that are undisputed and the basis foehallenging anyamounts thatare disputed; and 7.2 Pay or arrange forpayment of any undispited amounts 7.3 The Surety'sfailure to discharge is oblgations under Sectnn 7.1 or Section 7.2 shall not be deemed toconstitite a waiver of defenses the Suety orContractormay have oracquire as to a Claim, except as to m undisputed amots forwhich tie Surety and Claimant have reached agreement If, however, the Surety fiils b discharge its oblgations under Section 7.1 orSection 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees fine Claimant incurs thereaftr to recover any sums found b be due and owing b the Claimant S The Surety's total obligation shallnot exceed the amount ofths Bond, plus the atri ofreasonable attorney's fees provided under Sectnn 7.3, and the amomt of this Bond shall be credited Sr any payrmnts mach in good faith by the Suety. 9 Amounts owed by the Owner to the Contactor under he Const cacti m Contract shall be used for the performance ofthe Construction Contract and b satisfy claina, if any, under any conduction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree thatall funds earned by tie Contractor in the perf)rmance ofthe Construction Contract arc dedicated to satisfy obligations ofthe Contractor and Suety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S -2150 -AIA -A312 (11110) PAYMENT BOND Page 6 10 The Suretyshall not be lable b the Owner, Claimants mothers br obligations of the Contractorthatare unrelaed to the Construction Contract. The Owner shall notbe liable forpayment ofanycosts orexpenses ofanyClaimantunder this Bond, and shall have under this Bond no obligatmns to make payments b, or give notice on behalf, Claimants orotherwse have any oblgations to Claimants un&r this Bond 11 The Suretyhereby mivesnotice ofany chanW, including charges oftime, to the Construction Contract or to related subcontracts, purchase orders and otherobligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, 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. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. 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 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. 16.3 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Compa y executing this bond vouches that this document confornm to American Institute of Architects Document A312, 2010 Edition.S S -2150 -AIA -A312 (11110) PAYMENT BOND Page 7 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows (Space is provided below for additional signatures of added parties, other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 Edition. S -2150 -AIA -A312 (11/10) PAYMENT BOND Page 8 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint John R. Mostoller; Michael R. Button; Roxann D. Shuck; Roxanna S. Eslinger; Pamela R. Urlacher and/or Cheryl Moore of Richland, Washington its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Five Million and No/100 Dollars ($25,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 66 day of December, 1955, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 76 day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 1" day of October, 2015. �� teaw`Sy THE CINCINNATI INSURANCE COMPANY s maroearr 3 i' SEAL � STATE OF OHIO ) ss: Vice President COUNTY OF BUTLER ) On this 10 day of October, 2015, before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. 01pUerrrraee� .00.RIAE 29. MARK J. H LLER, Attorney at Law ps NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 20thday of April, 2017. �y IMp 3 �4 fT' ml@rOR&TE y sato ' BN -1005 (10115) leat �? rG(J:,/v Secretary