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HomeMy WebLinkAboutTotal Site Services Agreement - Police Bldg - C5-GN-9A-14-01 - Proj. No. 14010SECTION 005000 AGREEMENT THIS AGE�EEMENT is by and between the City of Pasco, hereinafter called OWNER, and ��� Y/ ��r ViG3 S� l��_, hereinafter called CONTRACTOR. Owner and Contractor hereby agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. ARTICLE 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is generally described as follows: Pasco Police Community Services Building project. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Terence Thornhill Architect, which is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 The Work shall be completed within 320 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the Standard General Conditions, and ready for final payment in accordance with Paragraph 14.07 of the General Conditions. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the Standard General Conditions. The parties also recognize the delays, expense, and_ Pasco Police Agreement Community Services Building 005000-1 Terence L Thornhill Architect Pasco, WA March 16, 2015 difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner Five Hundred Dollars ($501) for each day that expires after the time specked in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner Five Hundred Dollars ($500) for each day that expires after the time specked in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, below: A. For all Work, at the prices stated in Contractor's Bid attached hereto as an exhibit and as totaled below. `` yy�� ', y t les Tax, an Amount of: � vtw-\ ( �, l l bil C/r�k t� U� x med `�u u nct TOD �w� t�i7lLty! ti v.E. Dollarsy ($ 7 /qAr a35 ), ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the Standard General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to Pasco Police Agreement Community Services Building 005000-2 Terence L Thornhill Architect Pasco, WA March 16, 2015 liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 75 percent of cost of materials and equipment not incorporated in the Work (but delivered, suitable stored, and accompanied by documentation satisfactory to Owner as provided in Paragraph 14.02.A.1 of the General Conditions) with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.6.5 of the General. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. 1. Release of Retainage to comply with Paragraphs 22.01 and 23.03 of the Instructions to Bidders. ARTICLE 7 — INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 12 percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. Pasco Police Agreement Comm unity Services Building 005000-3 Terence L Thornhill Architect Pasco, WA March 16, 2015 D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC -4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC -4.06 of the Supplementary Conditions as containing reliable "technical data." E. Contractor has considered the infornation known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2)the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terns and conditions for performance and furnishing of the Work. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement 2. Performance bond Pasco Police Agreement Community Services Building 005000-4 Terence L Thornhill Architect Pasco, WA March 16, 2015 3. Payment bond 4. General Conditions 5. Supplementary Conditions 6. Specifications as listed in the table of contents of the Project Manual 7. Drawings bearing the following general title: Port of Pasco Parsons Office Building. 8. Addenda (numbers ! to Z, inclusive) 9. Contractor's Bid 10.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed b. Work Change Directives c. Change Orders B. There are no Contract Documents other than those listed above in this Article 9. C. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the Standard General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Pasco Police Agreement Community Services Building 005000-5 Terence L Thornhill Architect Pasco, WA March 16, 2015 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or F unenforceable under remaining provisions Contractor, who agr replace such strickei provision that come: stricken provision. art of the Contract Documents held any Law or Regulation shall be deemed shall continue to be valid and binding t 3e that the Contract Documents shall i provision or part thereof with a valid as close as possible to expressing the 10.05 Contractor's Certifications to be void or stricken, and all pon Owner and be reformed to and enforceable intention of the Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. 'fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. This Contract shall be deemed entered into in Franklin County, Washington, and shall be governed by the laws of the State of Washington. B. The venue for any legal action related to the Contract Documents shall be the Superior Court of the State of Washington for Franklin County. Pasco Police Agreement Community Services Building 005000-6 Terence L Thornhill Architect Pasco, WA March 16, 2015 10.07 Community Economic Revitalization Board Flow Down Provisions Contractor acknowledges that the Owner is paying for a portion of the cost of the Project with funds acquired from the Washington State Community Economic Revitalization Board ("CERB"). To comply with Owners agreement with CERB, the Contractor hereby agrees that: A. All property facilities, and records developed pursuant to this Agreement shall be available for inspection upon request during regular business hours by CERB or its authorized representative. All records supporting every request for payment shall be maintained in a manner which will provide an audit trail to the expenditures. Copies of records shall be furnished to CERB immediately upon request. B. No work to be performed under this Agreement shall duplicate any work to be charged against any other contract, subcontract, or other source. The Contractor shall advise CERB, in writing, of any other work it has performed or is performing which might duplicate work under this Agreement. C. This Agreement is contingent upon the execution of the final contract with CERB as defined in the Revised Initial Offer of Financial Aid dated November 20, 2008. Pasco Police Agreement Community Services Building 005000-7 Terence L Thornhill Architect Pasco, WA March 16, 2015 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. j This Agreement will be effective on c-'V/G (which is the Effective Date of the Agreement) OWNER: CONTRACTOR Citv of Pasco TOTAL TAL S/TE 5ERV<C ( 17 , LLQ By: By; 51YAlhlIVOr J Tn,A,AAJZ,,-) Title: CITY M+N,4§F/ .. Title: CVf_ff&- /4AAiA6fk. Attest: VLA Title: Address for giving notices: City of Pasco 525 North 31d Ave. Pasco, WA 99301 (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) dIbL733ae (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: 2i6O ';AUL- AVE RtLljt.t-Ni) wA 9(1354 License No.: T o T A`S59 2-3 ID i> (Where applicable) Pasco Police Agreement Community Services Building 005000-8 Terence L Thornhill Architect Pasco, WA March 16, 2015 SECTION 006100 CONSTRUCTION PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Total Site Services, LLC 2780 Salk Ave. Berkley Insurance Company 475 Steamboat Road OWNER (Namea aand Address): Richland, WA Greenwich, CT 06830 n City of Pasco/Public Works/Engineering Division P.O. Box 293, Pasco, WA 99301 CONTRACT Effective Date of Agreement: May 4, 2015 Amount: "`Seven Million One Hundred Forty Eight Thousand Two Hundred Thirty Five and 00/100"'($7,148,235.00) Description (Name and Location): Pasco Police Community Services Building BOND Project #C5 -GN -9A=14-01 Bond Number: 0135152 Date (Not earlier than Effective Date of May 13, 2015 Agreement Amount: Seven Million One Hundred Forty Eight Thousand Two Hundred Thirty Five and 00/100"'($7,148,235.00) Modifications to this Bond Form: "None' Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Total Site Services, LLC Contractord Corporate Seal By: Signature 5TDRAf•2,z> Print Name (Seal) Berkley Insurance Company (Seal Surety's Name and Corporate Seal, ) / w ignature (Attach Power of Attorney`/ Judith C. Kaiser -Smith Print Name G&JCA—k- Attorney—in—Fact Title Title 7 nn Attest: 9� Attest: c-C.riv���� n s J Signature Signature Kim Pilkinton Title Note: Provide execution bradditiowiperves, suchasioiivventuren•, if necessary. Pasco Police Community Services Building 006100-1 Pasco, WA Administrative Associate Title Construction Performance Bond Terence L Thornhill Architect March 16, 2015 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. If Conbador performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 0 there is no Owner Default, Surety's obligation under this Bond shall arise after. Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contracor, and Surety agree, Contractor shat be allowed a reasonable lime to perform the Contract, but such an agreement shall not waive Owners right, It any, subsequently to declare a Contractor Default; and Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and Owner has agreed to pay the Balance of the Cormacl Price to: Surely in accordance with the terms of the Contract; or Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. - When Owner has satisfied the conditions of Paragraph 2, Surely shall promptly, and at Surety's expense, take one of the following actions: Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or Undertake to perform and complete the Contract itself, through its agents or through independent contraction; or Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for.pedonnance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contraclor selected with Owners concurrence, to be Secured with performance and payment bonds execuled by a quallied surety equivalent to the bonds issued on the Contract, and pay to Ownerthe amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price Incurred by Owner resulting from Contractor Default; or Waive its right to park= and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under me circumstances: Aber investigation, determine the amount for which If may be liable to Owner and as soon as practicable after the amount Is determined, tender payment therefor to Owner, or Deny liability in whole or In Pan and notify Owner citing reasons therefor. If Surety does not proceed as provided In Paragraph 3 whit reasonable promptness, Surety shall be deemed to be In defauk on this Bond 15 days alter receipt of an adi ftional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be enticed to enforce any remedy available to Owner. a Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surely has denied liability, in whole or in pan, without further notice Owner shag be enticed to enforce any remedy available to Owner. After Owner has terminated Contractor's right to complete the Centrad, and fI Surely elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety 10 Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than [hose of Owner under the Contract. To the limit of the amount of this Bond, but subject to cnmmi ment by Owner of the Balance of the Contract Price fo mitigation of and damages on the Cmlracq Surely is obligated without duplication for: The responsibilities of Contractor for correction of detective Wwk and completion of the Contract; Additional legal, design professional, and delay costs resulting from Contractors Default, and resulting from the actions of or failure to act of Surely under Paragraph 3; and Uquidaled damages, or g no liquidated damages are specified In the Contract, actual damages mused by delayed performance or nomperformence of Contractor. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obtgatiorm. No right of action shat active on this Bond to any person or entity other than Owner or its heirs, executors, administrators. or successors. Surety hereby waives notice of any change, including changes o] time, to Contract or to related subcontracts, purchase orders, and other obligations. Any proceeding, legal or equitable, under this Bond may be instituted In any court of competent jurisdiction in the local in in which the Work orpart of the Work is located, and shall be Inultu[ed within two years oiler Contractor Default or within two years ager Contractor ceased working or within two years after Surely refuses or falls b perform its obligations under this Bond, whichever owurs first. If the provisions at this paragraph are void or prohibited by law, the minimum period of Ilmrtation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Notice to Surety, Owner, of Contractor shall be mailed or delivered to the address shown on the signature page When this Bond has been furnished to comply with a statutory requirement In the localion where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shelf be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed Incorporated herein. The Intent is that this Bond shat be construed as a statutory bond and not as a common law bond. Definitions. Balance of the Contract Price: The total amount payable by Owner b Contractor under the Contract ager all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of Insurance or other Claims for damages to which Contractor is entified, reduced by all valid and proper payments made to ar on behalf of Contractor under the Contract. Contract. The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. Contractor Default Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the temts at the Contract. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) James E. Majeskey, n Agent Surety Agency or Broker: PayneWest Insurance, Inc. 7903 E. Broadway Ave. Owner's Representative (En Ineerorotherparty):Spokane Valley, WA 99212 (509)789-7430 Pasco Police Construction Performance Bond Community Services Building 006100-2 Terence L Thornhill Architect Pasco, WA March 16, 2015 Construction Payment Bond Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Total Site Services, LLC Business): 2780 Salk Ave. Richland, WA 99354 Berkley Insurance Company OWNER (Name and Address): 475 Steamboat Road Greenwich, CT 06830 CONTRACT Effective Date of Agreement: May 4, 2015 Amount: ***Seven Million One Hundred Forty Eight Thousand Two Hundred Thirty Five and 00/100*** ($7,148,235.00) Description (Name and Location): Pasco Police Community Services Building BOND Project #C5 -GN -9A-14-01 Bond Number: 0135152 Date (Not earlier than Effective Date of May 13, 2015 Agreement): Amount: ***Seven Million One Hundred Forty Eight Thousand Two Hundred Thirty Five and 00/100***($7,148,235.00) Modifications to this Bond Form: "None" Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Total Site Services, LLC (Seal) Contractor Corporate Seal By: Signature ;HAW06W T23PA112d Print Name 6 644 Gr2_A> , AAIANAG OLS Title Attest: Signature CSS 4rn Title SURETY Berkley Insurance Company (Seal Suret/y's�Name and Corporate Seal By: l fii� i ,"/-9.x s a 6s %Signature (Attach Power of Attorney) Judith C. Kaiser -Smith Print Name Attomey-in-Fact Title / Attest: Signature ' Kim Pilkinton Nor&: Provide execu(ion by addlb'on&parties, such m jeint venturers, if necessary. Administrative Associate Title Pasco Police Construction Performance Bond Community Services Building 006100-3 Terence L Thornhill Architect Pasco, WA March 16, 2015 Contractor and Surety, jointly and severally, bind themselves, Meir heirs, gxacuiors, administrators, successors. and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is Incorporated herein by reference. With reaped to Owner, this obligation shall be null and void if Contractor: Promptly makes payment, deeply or Indrecty, for all sums due Claimants, and Defends, indemnities, and holds harmless Owner from all claims, demands, liens, or suits alleging nonpayment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surely (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surely, and provided there is no Owner Default With respect to Claimants, this obligation shall be nun and void l Contractor promptly makes payment, direcfy or indirectly, for all sums due. Surety shall have no obligation to Claimants under this Bond untb: Claimants who are employed by or have a direct contract with Contractor have given notice io Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. Claimants who do not have a direct contract with Contractor. Have furnished written nice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having Iasi performed labor or last furnished materials or equipment Included in the claim stating, with substantial accuracy, the amount of The claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed and Have either received a rejection In whole or in pan from Contractor, or from Contractor by which Contractor had indicated the claim will he paid within received not received thin 30 tlflya of furnishing the above notice any communication directly cofyl and Not having been paid within Me above 30 days, have sent a written notice to Surely (a1 the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, slating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. l a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliances. When a Claimant has satisfied the conditions of Paragraph 4, the Surely shall promptly and at Surety's expense take the following actions: send an answer to that Ciifmant with a copy to Owner, within 45 days after receipt d the palm, stating the amounts that are undisputed and the basis kr challenging any amounts that are disputed. Pay or arrange for payment of any undisputed amounts. Surety's total obligation shell not exceed the amount of this Bond, and the amount of this Bond share be credited for any payments made in good faith by Surety. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, b any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that am unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under 1Ns Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. Surely hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, Purchase orders, and other obligations. No suit or action shall be wmmenced by Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the dale (1) on which the Claimant gave the nolme required by Paragraph 4.1 or Paragraph 4.23,. or (2) on whichthe last labor or service was performed by anyone or the Iasi materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. b the provisions of this paragraph are void or prohibited by law, the minimum period of Ilmitalion available to sureties as a defense in the jurisdiction of the suit shall be applicable. Notion to Surety, Owner, or Contractor shall be malled or delivered M the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conOtoting with mid statutory requirement shall be deemed deleted herelrom and provisions conforming to such statulory requirement shall be deemed Incorporated herein. The Intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly lurnish a copy of this Bond or shelf permit a copy to be made. Dethrone Claim= An individual or entity having a direct contract with Contractor, orivilh a Ifni subcontractor of Contractor, to hurrah labor, materials, or equipment for use in the performance of the Contract. The imam of this Bond shell be to Include widmul limitation In the terms 'Labor, materials or equipment' that pan of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contradots subcontractors, and all other hems for which a mechanic's lien may be asserted in thejurisdiction where the labor, materials, or equipment were furnished. Contract: The agreement between Owner and Contractor identified an the signature page, including all Conrad Documents and changes thereto. Owner Defauit: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other temrs thereof. FOR INFORMATION ONLY - (Name, Address and'Telefhone) James E. Majeskey, II,Agent Surety Agency or Broker: PayneWest Insurance, Inc. 7903 E. roadway Ave. Owner's Representative (Engineer or other party): Spokane valley, WA 99212 (509)789-7430 Pasco Police Construction Performance Bond Community Services Building 006100-4 Terence L Thornhill Architect Pasco, WA March 16, 2015 I'M nt-vsuro POWER OF ATTORNEY BERKLEY INSURANCE COMPAN WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: James E. Majeskey II; Judith C. Kaiser-Smith; Judith A. Rapp; or Michael B. Cunningham of PayneWest Insurance, Inc. of Spokane Valley, WA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 � U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. �.5 This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, 9 without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following .o resolutions which were duly and validly adopted ata meeting of the Board of Directors ofthe Company held on January25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer; President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o a corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such 3attorney-in-fact and revoke any power of attorney previously granted; and further 0 0 RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, d or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the E F12 manner and to the extent therein stated; and further o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and v further ro RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any a,K power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as G 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any g person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have o a ceased to be such at the time when such instruments shall be issued. b IN WITNESS WHEREOF, the Company has ca d the a presents to be signed and attested by its appropriate officers and its o09 corporate seal hereunto affixed this�lday of 2015. o Attest: Berk y Insurance Company � Vim,_... a F (Seal) By ' By Ira S. L derman Je after od Senior Vice President & Secretary Se DVich Preside N , WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. r N STATE OF CONNECTICUT) c..4 $ E ).ss: o COUNTY OF FAIRFIELD ) FSworn to before me, a Notary Public in the State of Connecticut, thisJL day of A2015, by Ira S. Lederman and y Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secret , an the Senior ViceeT'es dent, respectively, of Id Berkley Insurance Company. MARIA C. RUNDBAKBN T NOTARY PUBLIC �Aa-& ¢B o MV COMMISSION EXPIRE$. Notary Public, State of Connecticut a APRIL 30 2019 CERTIFICATE 5 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded 3 and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 13th day of May 20 (Seal) Michael J. Hu TOTASIT-02 FBALL CERTIFICATE OF LIABILITY INSURANCE DAT5Y1 5//12/2011212015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Spokane Valley Office Pa newest Insurance, Inc. 7903 E. Broadway Spokane, WA 99212 CONTACT NAME,PHONE Jlm Majeskey FAX o E : (509) 455-6767 ac No): EMAIL ma'eske ADDRESS: @paynewest.com INSURERS AFFORDING COVERAGE NAIL/ X INSURER I Continental Casualty Company 20443 04029169543 INSURED INSURERS: Transportation Insurance CO. 29494 INSURER C: Total Site Services, LLC 2780 Salk Avenue Richland, WA 99354 INSURER D : INSURER E INSURER F, I=1:4 $ I J Ief_\ i=11 l l t l iTd4nuit THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDL LTR TYPE OFINSURANCE POLICY NUMBER PO EFF IMWDDfYYYYI POLICYEXP (MMIDDIYYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 04029169543 06/09/2014 06/09/2015 EACHOCCURRENCE $ 1,000,00 PREMISES Eao.unence $ 500,00 MED EXP (Any one person) $ 15,00 PERSONAL&ADV INJURY $ 1,000,DD GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECF T LOC GENERALAGGREGATE $ 2,000,00 PRODUCTS-COMP/OP AGG $ 2,000,00 WA STOP GAP $ 1,000,00 OTHER: A AUTOMOBILE %I LIABILITY ANY AUTO X X 04029169557 06/09/2014 06/09/2015 COMBINED SINGLE LI $ 1,000,00 Ea..Ment BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOB PROPERTYDAMAGE $ Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 B EXCESS LIAB CLAIMS -MADE X X 4029169526 06109/2014 06/09/2015 AGGREGATE $ 2,000,00 DED I X I RETENTION$ 10,000 S WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE (MandaOFFICEtory NH)ER (Manddeory In NH) yes, describe antler D DESCRIPTION OF OPERATIONS below NIA PER 0TH- STATUTE ER E.L. EACH ACCIDENT $ E.L. E.L. DISEASE - EA EMPLOY $ E.L DISEASE -POLICY LIMB $ A Equipment Floater C4029169543 06/09/2014 06/09/2015 Any One Tool, $2500 20,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space is required) Project #C5 -GN -9A-14-01 - Pasco Police Community Services Building City of Pasco is an additional Insured per policy forms with primary non-contributory wording. Waiver of subrogation applies per policy forms. City of Pasco 525 North 3rd Avenue Pasco, WA 99301 A. Vmu LD (LU14/Ul ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 40&& ©1988-2014 ACORD I ne ACORD name and logo are registered marks of ACORD reserved. TOTASIT-02 SULRICH '4� CERTIrICATE OF LIABILITY INSURA1vCE oAT6/9/2016 YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Spokane Office Pal Insurance, Inc. 501 N. Riverpoint Blvd., Ste 403 Spokane, WA 99202 CONTACT Jim Ma eske PHONE (509) 838-3501 AXINC Ne : (509) 838-3511 AIC No Eat: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAICIf INSURER A: Continental Casualty Company 20443 INSURED INSURER B: Transportation Insurance Co. 20494 INSURER C: Total Site Services, LLC INSURER D: 2780 Salk Avenue INSURER E Richland, WA 99354 INSURER F 06/0912016 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCEADDLSUBR INSD VND POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY UP MM/DDIYYYY LIMITS A X COMMERCIAL GENERALWIBILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE Fx_1 OCCUR X X 4029169543 06/0912016 12/31/2017 PREMISES Eaomunence $ 500.000 MED EXP (Any one person) $ 15,000 X -O-Deductible PERSONAL SADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JEST [:]LOC PRODUCTS - COMP/OP AGG $ 2,000,00 WA STOP GAP $ 1,000,00 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY(Per person) $ A X ANY AUTO X X 4029169557 06/09/2016 12/31/2017 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X X NON -OWNED HIRED AUTOS AUTOS $ X -0-Deductible X UMBRELLA UAB 1 X OCCUR EACH OCCURRENCE $ 2,000,00 AGGREGATE $ 2,000,00 B EXCESS LIAR CLAIMS -MADE X X 4029169526 06/09/2016 12/31/2017 DED I X I RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOMPARTNERIEXECUTIVEE.L. PER STATUTE I I ER EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? r_1 NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Installation Floater 4029169543 ! 06/09/2016 12/31/2017 Loc/Transit/Temp Loc 50,000 A Installation Floater 4029169543 06109/2016 12/31/2017 Deductible 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Continental Casualty Company: #20443, AXV Transportation Insurance Company: #20494, AXV RE: Project #CS -GN -9A-14-01 - Pasco Police Community Services Building City of Pasco is an additional Insured on a primary and non-contributory basis per policy forms. Waiver of subrogation applies per policy forms. City of Pasco 525 North 3rd Avenue Pasco, WA 99301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 1966-ZU14 ACONU CUNt UFIA I ION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD