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HomeMy WebLinkAboutTri-Valley Construction - East Viola Sewer Extension CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 2Nday of 2014, by and between the City of Yakima, hereinafter called the Owner, and Tri- Valley Construction, a Washington Corporatio , ereinafter called the Contractor. WITNESSETH: • That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $20,042.97, for East Viola Sewer Extensions City of Yakima Job No. ON20 -PO4, all in accordance with, and as described in the attached plans and specifications and the 2012 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Five (5) working days. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorneys fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY � r OF • • , , CONTRACTOR this A day of , L 201, Tri -Valle • Construction, a WA Corporation tractor iWort.— i By: IL'y' . 1,4., ity Manager / A �: Jodee Hnylar (Print Name) Cif. Clerk = ,Ge , k Its. Vice President / / A * i ■ q '�i 1 (President, Owner, etc.) r4 �' ; *o ', Address: 1008 N 1st Street CITYCONTRACTNO:CAL^ �/0 i. D 0 ` • RESOLUTION NO: Q , � 1 � � �� i e Yakima, WA 98901 if '� v h t; TO I' • Bond # WAC 41375 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Yakima, Washington has awarded to Tn.Valley Construction (Contractor) hereinafter designated as the a contract for the construction of the project designated 0N20 -PO4 East Viola Sewer Extension all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, arlid Merchants Bonding Company (Mutual) (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Iowa , duly authorized to do business in the State of Washington, as surety, are jointly and severalty held and firmly bound unto the City of Yakima, Washington, in sum of $20,043.00 (Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub- contractors and material men, and all persons who shall supply said principal or sub- contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima, Washington, their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub - contractor in the performance of said work and shall indemnify and hold the City of Yakima, Washington, its employees, agent's, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, within a period of one year after its acceptance by the City of Yakima, Washington, then and in that event this obligation void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance', of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. IN WITNES§ WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly officers this 5 h day of May _,2014. Tri- Valley Construct'. - nc. (Principal BY -I __ � ..i_ / (Signature) / Jodee Huylar (Print Name) to form: Approved Vice President (T e) '(/ ity Attorney) De in er McIntosh & Inc. gg 9 �• r (Surety) .�� M er g' ` } By (Signature) > -j: ; ' : a ,': Ginger R Carlson,.., (Print Name) Attorney In Fact (The) M EKCHAMf Bond #: WAC 41375 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Ginger R Carlson of Mukilteo and State of WA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and e pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. i The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and • effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 4th day of October , 2013 . ,,%`'4:•,1011A�.'''- • P d , " TA .: •• MERCHANTS BONDING COMPANY (MUTUAL) eg/ w 7"4,.. . s • 0 4.• 0" 9, �� 1. MERCHANTS NATIONAL BONDING, I . 4 �_ � • E—: _ -o- 1 " . • V. 2 %., • • :y;. 1933 • 'Y • By • STATE OF IOWA �•'` • President " COUNTY OF POLK ss. On this 4th day of October 2013 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENUVALT n t at2' i 1. Commission Number 770312 My Commission Expires October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr,, Secretary of thei MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto s tm y hand and affixed the seal of the Companies on this 5th day of May N 1, 01 4.*: ` 1 1014. 4 .•: CQ,.. g . / r. Z `{ I 0- ° k I :5 o ° i 3• Secretary _: 20� % . .' 1933 : ti• POA 0014 (11/11) •%• *••:r � 4 � •• • •,r••� . • l ® DATE (MMIDD/YYYY) �`� ° CERTIFICATE OF LIABILITY INSURANCE 4/29/2014 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 I NAMEACT Ginger Carlson Degginger McIntosh and Associates 1 VV. Fxf): (425) 740 -5200 I (AIC. No): (425) 740 -5201 3977 Harbour Pointe Blvd SW EMAIL i n ADDRESS: g g er @DMAinsurance.corn INSURER(S) AFFORDING COVERAGE NAIC # Mukilteo WA 98275 INSURER A :Starr Surplus Lines Ins Co INSURED INSURER B :Liberty Northwest Tri- Valley Construction, Inc. INSURER C : 1008 N 1st St INSURERD: INSURER E : Yakima WA 98901 INSURERF: COVERAGES CERTIFICATE NUMBER:13 / GL BA SG 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 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. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) IMM /DDIYYYY) A GENERAL LIABILITY SLSLEIL72031813 5/10/2013 5/10/2019 EACH OCCURRENCE S 5,000,000 DAMAGE TO RENTED $ 50,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS -MADE X OCCUR X ,. MED EXP (Any one person) $ 5,000 . PERSONAL & ADV INJURY S 5,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG S 5,000,000 — 1 POLICY X PROT LOC S IFC B AUTOMOBILE LIABILITY 3AS55133555 5/10/2013 5/10/2019 COMBINED SINGLE LIMIT (Ea accident) S 1,000,000 X ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ S A XD(1 X0XXXX ONWO DC SLSLEIL72031813 5/10/2013 5/10/2014 TORY LIMITS X T ER XIMEMPLOYERS' LIABILITY Y I N ANY PROPRIETOR /PARTNER /EXECUTIVE WA STOP GAP E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Yakima their agents, employees, and elected and appointed officials are included as Additional Insured per attached form CG2010(0413) with respect to any and all operations of the Named Insured. All endorsements apply per required Written Contract. RE: East Viola Sewer Extension; Project #0N20 -PO4 CERTIFICATE HOLDER 1 CANCELLATION I (509)576-6305 Randy . Tabert @yakimawa . gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Yakima 129 N 2nd Street, 2nd Floor Yakima, WA 98901 -2613 AUTHORIZED REPRESENTATIVE I I Ken McIntosh /OGDON _.1 ACORD 25 (2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. INS075 (951555) 01 Th. er I on .,...,e em,1 I.,.,., ...Am , m.otebrnel '.re.,, I nF Arnon • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIL COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(S) Location(s) Of Covered Operations As required by written contract. As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your on oin operations for on behalf of the additional insured(s) at the p Y g 9 P location of the covered operations has been the additional insured(s) at; the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 • • • MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING. INC. 2100 FLEUR DRIVE DES MOINES. IOWA 50321 -1158 • (800) 678-8171 • (515) 243 -3854 FAX Performance Bond Bond No. WAC 41375 CONTRACTOR: I SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Tri- Valley Construction, Inc. Merchants Bonding Company (Mutual) 1008 N. 1st Street 2100 Fleur Drive, Des Moines, IA 50321 -1158 Yakima, WA 98901 OWNER: (Name, legal status and address) City of Yakima This document has important legal CONSTRUCTION CONTRACT consequences. Consultation with Date: May 5, 2014 an attorney is encouraged with respect to its completion or Amount: $20,043.00 modification. Any singular reference to (Name an d iatd location) Contractor, Surety, Owner or arue Job # ON20 - PO4 East Viola Sewer Extension other party shall be considered plural where applicable. This document combinesltu/O separate bonds, a Perfomiancett� BOND Bond and a Payment Bond, into Date: May 5, 2014 one form. This is not a single (Not earlier than Construction Contract Date) combined Performance and Payment Bond. Amount: $20,043.00 • Modifications to this Bond: ❑ No e ❑ See Section 16 • �,3�;.a.;4PtePtfat % 4.. 4 1 ti CONTRACTOR;AS.:PRINCIPAL • SURETY .' a tr & . � iS Company: (Corpor e Seal) Company: •(C,4r�tor'ci a SeaQS -!,v'~ p y' Merchants Bending Com{, Mutual) : `'�` • Tri - Valley Con _,i on, Inc. i " � �t'' "' n Signature \ u Signature: ;; Name Jake H ,/ lar Name Ginger R C • • ri; ' :, , ,° , � t : ° : 1 9 JS t3�. and Title: Owner and Title: Attorney -[n -Fact ; . jma (Any additional signatures appear on the last page of this Performance Bond.) 1"°,�,,{¢: .:. ')1 . (FOR INFORMATION ONLY— Naine, address and telephone) OWNER'S REPRESENTATIVE: AGENT or BROKER: (Architect, Engineer or other party:) DEGGINGER MCINTOSH & ASSOC INC PO Box 1400 • Mukilteo, WA 98275 2147483647 • Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A312- Performance Bond -2010 edition. I i CON 0656 (6/12) § 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 obiligation 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 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 acitual 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 the 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: § 5.3 Obtain bids or negotiated proposals from qualified 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, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the 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. 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 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 If 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 their 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 performd, 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. § 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 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 tW 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. 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 (Corporate Seal) Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: 4 QUOTE East Viola Sewer Extension ITEM PROPOSAL ITEM UNIT PRICE AMOUNT NO. PAYMENT SECTION QTY UNIT DOLLARS DOLLARS 1 SPILL PREVENTION PLAN 1 LS 300.00 300.00 Per 2012 WSDOT Standard Specification 1 -07.15 MOBILIZATION 2 1 LS 4,920.00 4,920.00 Per 2012 WSDOT Standard SpecificaSon 1-09.7 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS 1,710.00 1,710.00 Per 2012 WSDOT Standard Specifications 1 -10.5 4 STRUCTURE EXCAVATION CL. B INCL. HAUL 120 CY 15.00 1,800.00 Per 2012 WSDOT Standard Specifications 2-095 5 MANHOLE 48 INCH DIAMETER, TYPE 1 1 EA 3,490.00 3,490.00 Per 2012 WSDOT Standard Speck 745.5 6 PVC SANITARY SEWER PIPE 8 INCH DIAMETER 130 LF 34.80 4,524.00 Per 2012 WSDOT Standmd Specification 7 -175 SHORING OR EXTRA EXCAVATION CLASS B 140 LF 2.00 280.00 Per Contract Specification #13 8 RESE I I ING EXISTING CHAIN LINK FENCE 40 LF 25.00 1,000.00 Per Contract Specification #14 9 REPAIR OR REPLACEMENT 1 DOL $500 $00 Per Contract Specification #15 18,524.00 W S ST 1,518.97 TOTAL: 20,042.97 4 teo / Contractor's Signature: I `_ i . t /_ Date: 62 / 2 iq 2