HomeMy WebLinkAboutAgreements/Contracts - Facilities & Maintenance (003)�~��
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CONTRACT
THIS entered into hvand between GRANT duly
organized and operating under and by virtue of the Constitution and the Iovvm of the State of
Washington, ("County"), and Signature Roof Service LLC, a corporation duly formed and doing
business iuthe State of Washington ("Contractor").
In consideration ofthe mutual promises and covenants contained herein, the parties hereto
agree as follows:
Work of Contract/Scope of Work.
The purpose of Grant County projectFM2204 Wheeler Road Roof is the installation of aTPOroof
membrane and insulation over the existing roof.
Grant
of a 60 mil reinforced TPO roof membrane with a 20 year No Dollar Limit Warranty on the Grant County Facility
located at 1525 Wheeler Road in Moses Lake, Washington. The area of the roof is approximately 15500.
The contractor shall provide all material, labor, equipment, tools. supervision, and whatsoever else is
necessary tqaccomplish the : '
w
Contractor will be responsible for lifting air handlers above curbs to install membrane. Grant County
will assist with electrical work and piping aoneeded.
m Contractor shall prepare the roof by removing and disposing ofroof surface debris.
mFumish and install a layer of1"polyisocyenurate insulation, (R-Value=5.0. This layer of insulation
will be loose laid onto the prepared substrate.
• Furnish and install asecond layer of1/2"Po nurate|nsu|eUon.(R-Vm}ue �28).This layer of
insulation will be fastened to the deck through previously all installed layers in combination with 3"
TPO Plates to induction weld the TP[)field membrane.
• Furnish and install 80 mil reinforced, TpO roof membrane. Position the TP(] membrane over the
prepared substrate and allow the membrane sufficient time to "relax" prior to installation.
• Install the new TPOmembrane over the prepared surface. Secure the membrane inplace bywelding
it to the plates utilizing induction methodology. This will create a roof assembly whereby no
penetrations shall bemade tothe membrane.
• The thermoplastic membrane seams are to be overlapped a minimum of 5", then hot air welded
together. Weld width shall be a minimum of 1.5" in width for automatic machine welding. Weld width
shall be 2" in width for hand welding. Upon completion of welding, each seam shall be probed to
ensure proper eeouremonL
w Furnish and install thermoplastic flashings to the roof projections. Upon completion of welding, each
seam shall baprobed toensure proper aecurement.
"
Furnish and install at the base of the unit round plates to be mechanically attached to the deck and
the around the perimeter ofthe projection. The membrane will then be attached hothe plates via the
induction welding process. |neteU prefabricated universal corners for reinforcement.
w
Furnish and install a 30" wide TPO protective mat at rooftop access points. Foot path mats should be
applied from the from the hatch to the northern most air HVAC units. The middle mat will tee out
toeach unit and then wrap around each unit.
FM2204Wzeeler Road Roof
• Furnish and install new prefabricated thermoplastic pipe boot secured at the top with a stainless-steel
screw type clamp adhered to the field sheet.
• Furnish and install a 60 mil, non -reinforced thermoplastic flashing, where applicable.
• Contractor will supply all permits, hardware, supplies, and materials for the project.
• Contractor shall be responsible transportation, and disposal of all project related materials, and
equipment.
• Barricades, tape or other methods to effectively notify employees and customers of hazards and or
prevent access to areas the project work is.bei.ng executed..
• Materials., equipment and means to capture materials loosened and dislodged during the project.
Removal. and disposal of all waste generated by the project. Associated waste disposal costs are the
responsibility of the contractor.
• Clean up of all areas affected by work related to job.
-
• Successful contractor will coordinate with project manager regarding when and the time needed to
complete demolition and construction to allow safe access for customers and employees.
• Containers to properly store and haul all job-related materials, solid and liquid, for disposal.
• Contractor will supply a. -written safety plan which will include fall protection measures, lift plans, and
,keeping building access doorways safe.
• MSDS are to be provided and available by the contractor upon demand and on site for any
chemicals brought on site.
• Work can be done during normal business hours
The term "work" shall mean all work individually and/or collectively performed by the Contractor
during the project.
1. Project Sites. The work shall be accomplished upon the real property commonly known and
situated on or about 1525 -Wheeler Road in Moses Lake, Washington.
2. Date of Commencement and Date of Completion. The Contractor shall commence the work
described herein upon receiving notice to proceed from the County. Substantial completion of the
work shall occur on or before July 1, 2022 or at such other time as may be mutually agreed upon
by the parties. In any event, Contractor shall not commence construction until notice to proceed has
been provided by the County. The Contractor shall obtain all necessary permits prior to the
commencement of any work.
3. Contract Sum and Terms. The agreed Contract sum, except for provisions set forth below in
Paragraph 14, and with payment of such Contract Sum subject to provisions set forth below in
Paragraphs 9 and 12, and/or any other provision contained within the Contract which may affect such
Contract Sum to be paid to Contractor, is as follows:
Subtotal
$117000.00
Washington State Sales Tax
$9828.00
Total
$126828.00
Retainage
$5850.00
The Contract sum shall be $126,828.00 including all applicable taxes any additional costs
resulting from jurisdictional requirements maintained by an additional authority; permit costs as
FM2204 Wheeler Road Roof
needed; and all materials and/or labor to complete the scope of work described herein is the
responsibility of the Contractor.
5% retainage is required as are intents and affidavits to Washington State Labor and Industries.
Contract is over $35,000 and will be require a notice of completion to be filed and approved with
L&I before releasing retainage.
Contractor shall submit a single billing statement and/or invoice to the County at the completion of
the prej ect. Such billing statement and/or invoice shall set out the nature of work performed, as well
as the time and materials involved in such work or percentage of work completed as mutually agreed
upon by the Contractor and the County. The County will pay such statement and/or invoice within
thirty (30) days of receipt.
4. Performance and Payment Bonds: Required for this project.
5. Retainage: Required for this project.
6. Indemnity. and Hold Harmless. The Contractor shall defend, indemnify and hold the County,
its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including attorney fees, arising out of or in connection with the performance of the
contract, except for injuries and damages caused by the sole negligence of the County.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, title 51 RCW, solely for
the purposes of indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration of termination of this contract.
7. Insurance. The Contractor shall procure and maintain for the duration of this contract,
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. The Contractor shall provide a Certification of Insurance evidencing:
• Automobile Liabilityjnsurance with limits no less than $ 1,000,000 combined single
limit per accident for bodily injury and property damage; and
• Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $ 1,000,000 aggregate
for personal injury, bodily injury and property damage. Coverage shall include but
not be limited to blanket contractual; products/competed operations; broad form
property damage; explosion, collapse and underground (xCU) if applicable; and
employer's liability.
• Worker's Compensation insurance at the limits established by the State of
Washington.
FM2204 Wheeler Road Roof
Any payment of deductible or self-insured retention shall be the sole responsibility ofthe Contractor.
The County shall be named as an additional insured on the insurance policy, as respects work
performed by or on behalf of the Contractor and a copy of the endorsement naming the county as
additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall
be primary insurance with respect the County and the County shall be given thirty (30) days prior
written notice of any cancellation, suspension or material change in coverage.
8. Payments Withheld. The County may withhold or, on account of subsequently discovered
evidence, nullify the whole or part of any payment to such extent as may be necessary to protect
County from loss or damage for reasons including but not limited to:
• Work not in accordance with the Contract;
• Reasonable evidence that the work required by the Contract cannot be completed for
the unpaid balance of the contract sum;
• Work by the County to correct defective work or complete the work;
• Failure by the Contractor to perform in accordance with the Contract; or
• Cost or liability that may occur to the County as the result of Contractor's fault or
negligent acts or omissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for unsatisfactory
performance, the County shall notify Contractor in accordance with RCW39.76.01 l(b).
9. Authority of County. If the Contractor fails to perform the work according to requirements
of the Contract Document, the County shall provide written notice of the deficiency to the Contractor
and Contractor shall have seven days to correct the deficiency in the work. If the Contractor fails to
correct the deficiency in the work within the seven day period or to take and continue all appropriate
steps to initiate the corrections in the event corrections cannot be reasonably completed in the seven
day period, the County may, without prejudice to other remedies, (a) use County forces, other
contractors, or other means to make good the Contractor's deficiency and (b) deduct from the
Contractor's payments the cost of such effort,
10. Warranty of Construction. In addition to any special warranties provided elsewhere in the
Contract Document and/or companion or applicable documents, the Contractor warrants that all
work conforms to the requirements of the Contract and is free of any defect in equipment, material,
or design furnished, or workmanship perfon-ned by Contractor.
With respect to all warranties, express or implied, for work performed or materials furnished
according to the Contract, and/or companion or applicable documents, the Contractor shall:
• Obtain all warranties that would be given in normal commercial practice;
• Require all warranties to be executed, in writing, for the benefit of the County; and
FM2204 Wheeler Road Roof
e Enforce all warranties for the benefit of the County, if directed by the County, including
any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period
specified in the Contract.
* The obligations under this Section shall survive completion.
11. Successors and Assigns. The County and Contractor respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party hereto and to partners,
successors, assigns and legal representatives of such other party in respect to covenants, agreements,
and obligations contained in the Contract. Neither party shall assign the work without written
consent of the other. If either party attempts to make such an assignment without such consent, that
party shall nevertheless remain legally responsible for all obligations set forth in the Contract.
12. Changes in Work. The County may, at any time and without notice to Contractor's surety,
order additions, deletions, revisions, or other changes in the work. These changes in the work shall
be incorporated into the Contract Document through the execution of Change Orders. If any change
in the work ordered by County causes an increase or decrease in the Contract Sum or the time of
performance, an equitable adjustment shall be made, and such adjustments(s) shall be incorporated
into a Change Order.
If the County desires to order a change in the work, it may request a written Change Order proposal
from Contractor. Contractor shall submit a Change Order proposal within 14 days of the request
from the County, or within such other period as mutually agreed. Contractor's Change Order
proposal shall include fall compensation for implementing the proposed change in the work,
including any adjustment in the contract sum or time of performance, and including compensation
for all delays in connection with such change in the work and for any expense or inconvenience,
disruption of schedule, or loss of efficiency or productivity occasioned by the change in the work.
Upon receipt of the Change Order proposal, or a request for equitable adjustment in the contract sum
or time of performance, or both, the County may accept or reject the proposal, request further
documentation, or negotiate acceptable terms with Contractor. Pending agreement on the terms of
the Change Order, the County may direct Contractor to proceed immediately with the Change Order
work. Contractor shall not proceed with any change in the work until it has obtained the County's
approval. All work done pursuant to any County -directed change in the work shall be executed in
accordance with the Contract,-.
13. No AgencyRelationshi. Neither. the Contract, nor any agreement implied therefrom,
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the relationship of the Contractor to the County by reason of the Contract Document
shall be that of an independent contractor. The Contractor is not granted any express or implied right
or authority to assume or create any obligation or responsibility on behalf of or in the name ofthe
County or to bind the County in any manner or thing whatsoever.
14. Clean Up. Contractor shall at all times, keep the project site, including hauling routes,
infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before
FM2204 Wheeler Road Roof
completing the work, Contractor shall remove from the premises its rubbish, tools, scaffolding,
equipment, and materials. Upon completing the Work, Contractor shall leave the project site in a
clean, neat, and orderly condition satisfactory to the County. If Contractor fails to clean up as
provided herein, and after reasonable notice from the County, the County may do so and the cost
thereof shall be charged to Contractor.
15. Survival. In the event any clause or provision of this Contract shall be held to be invalid.,
then the remaining clauses and provisions shall nevertheless be and remain in full force and effect.
16. Entire Agleement. The Contract embodies the entire agreement between the parties, all other
agreements, oral or written, are hereby merged into and superseded by the Contract. There are no
other agreements which modify or affect the terms hereof. No amendment hereto shall be binding
unless the terms thereof are in writing signed by both parties. Time is of the essence. No verbal or
other agreements modify or affect the Contract.
17. Explanation of Documents. The Contract been fully reviewed by the Contractor. The
Contractor has had the opportunity to consult with legal counsel as to the legal effect of the Contract.
18. Notices. All notices which may be required pursuant to the terms hereof are to be in writing
and delivered personally to the party to receive the same or mailed by regular mail, postage prepaid
to the address specified adjacent to the parties' signatures. All notices shall be deemed served upon
delivery thereof or three (3) days following deposit of the notice in the U. S. mails as required herein.
19. Headings, Construction. The headings of the sections and paragraphs are inserted solely for
the convenience of the parties and are not a part of and are not. intended to govern, limit or aid in the
construction of any term or provision hereof. In construing the parties' intent with regard to this
contract, no greater or stricter construction of any term or provision hereof shall be asserted against
the County as drafter.
20. Disputes, Attorneys' Fees. In any controversy, claim or dispute arising out of, or relating to,
this contract or the method and manner of performance thereof or the breach thereof, the prevailing
party shall be entitled to be awarded its reasonable attorney's fees in addition to such other damages
as are appropriate. If neither party wholly prevails, the party that substantially prevails, shall be
awarded its reasonable attorneys' fees as litigation expenses. For the purposes of this provision, the
terms "proceeding" and "litigation" shall include arbitration, administrative, bankruptcy, and judicial
proceedings,, *including appeals therefrom. For purposes of this contract, the actual attorneys' fees
incurred shall be deemed "reasonable".
21. Governing Law, Venue. The performance and interpretation of the Contract Document shall
be governed and interpreted in accordance with the laws of the State of Washington. Any litigation
arising out of or in connection with this Contract shall be conducted in Grant. County, Washington.
FM2204 Wheeler Road Roof
Dated the '3'rdof
1"A4V('C.-,k 2021.
CONTRACTOR. -
Signature Roof Service LLC
By: J`V
License No. SIGNARS807DF
UBI No. 604 584 835
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Danny Ston 3(
,hair
C 1 Car'�r, e'ml;eV
hdy
�_n nv]5**O'
Rob J es e er
Dated the-, of 52022.
ATTEST:
Barbara J. Vsquez
Clerk of the t" oard
Approved as to form:
B I i
Kevin MJCrae
Prosecuting Attorney
Date: 'I � ( jU.LL
FM2204 Wheeler Road Roof
Document A,31 2 TM 20 1 0
Bond Number: Conforms with The American Institute of Architects AIA Document 312
PB01649700358
Performance Bond
CONTRACTOR:
(jVatne, legal scants and address)
Signature Roof Service LLC
27614 132nd Ave SE
Kent, WA 98042
OWNER:
(Naine, legalsialus and address)
Grant County Facilities and Maintenance
35 C Street NW
Ephrata, WA 98823
SURETY:
Name, legal status andprincipal place of business)
Philadelphia Indemnity Insurance Company
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-1403
Mailing Address for N 6tices
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,
ON TR TION CONTRACT
Date: *3 '3 Igo
Amount:, One Hundred Twenty-six Thousand Eight Hundred Twenty-eight, & 00/100 ($126,828.00)
Description: Wheeler Road Roof
(iMinfe acrd locallo'") Project Number: FM2204
Moses Lake, Washington
BOND
.AO%
Date: 3 / 5 / 9,0 ;L
(X61 earlier, than Constritalon Contract Date)
Amount:. One Hundred Twenty-six Thousand Eight Hundred Twenty-eight & 00/100 ($126,828.00)
Modifications to this Bond: Pq None F] See Section 16
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature Roof Service LLC
-F
Signature,,–
Name C4
and Title: () CJ A e,,r
(Any additional signatures appear on the last page of this Feifonnance Bond.)
(FOR J7VF0&*vL4 TIOiV OXL Y — Xame, address and telephone)
AGENT or BROKER:
Parker, Smith & Feek
2233 112th Ave NE
Bellevue, WA 98004
S-1 8521AS 8110
SURETY
Company: (Coiporate S"eal)
Philadelphia Indemnity Insurance Company
Signature:
Name Derek Sabo
and Title: Attorney -in -Fact
OWNER'$ REPRESENTATIVE:
(Architect, Engineer or offierporty)
§ I 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.
§
21f the Contractor performs the Constmation 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 Ov%ner, Contractor and Surety to discuss the
Contractor's performance. If the Owncr does not request a conference, the Surety may, within five (5) business days after receipt of
the Owners 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 Onees 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
Surety;
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the term of the Co;struction Contract to the!
Surety or to a contractor selected to perforin the ConstrucCion. Contradt.
§ 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 Surd's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.
§ 6 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:
§ 6.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 6.2 Undertake to perfon-n and complete the Construction Contract itself, through its agents or independent contractors;
§ 6.3 Obtain bids or -negotiated proposals rrom qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Cont=4 arrange for a, contract to be prepared for execution by the Owner and a contmetor selected with the Ownees concurrence, to be
secured with performance and paymcat bonds exccutcd by a qualified surety equivalent to the bondsissuedon the Construction Contract, and pay to
the CKxmer the amount of damages as, described in Section 7 is excess of the Balance ofthe Contract Price .incurred by the Owner as a result of the
Contractor Default; or
J 5.4 Waive its right to perforin and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 Aftcr *investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
&termimcd, 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 Surct
y shalt be deemed to be in default on this Bond
seven days aaer receipt of an additional written notice from the Owner to the Surety, demand'that the Surety perform its obligations under thisIng
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, M1 part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
8-1852/AS 8/10
§ 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 0-vNner under the
Construction Contract. Subject to the commitment by the 0%%cr 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 =,ms 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
perfomance or non-performance of the Contractor.
8 If the Surety elects to act under Section liability 5.1, 5.3 or 5.4, the Surety's lia
I I ly is limited to the amount of this Bond,
§ 9 'Me 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 offon 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 ehanges 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 competeatjurisdiction in the location in -vvhich the work or
part of the work is located and shall be instituted within tNvo years after a declaration of Contractor Default or within two years after the Contractor
coascd working or within hvo years after the Surety refuses or fails to perform its obligations under this Bond, Whichever occurs first. lithe
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 thew 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 Dond 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 laxv'bond.
114 Definitions
§'14.1 Balance of the Contract Price. The total arnount 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 orthe
Contractor under the Construction Contract.
§ 14.2 C onstructi on Contract. "rho 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. r-ailure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material
tenn of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or Avaived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other materialteamsof the Construction Contract.
§ 14.6 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.
8-18521AS 8/10
§ 16 Modifications to this bond are as follows:
(Space is provided belowfoi- additional signattires ofaddedpartles, other than those appearing oji the cojxer page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporale Seao
Signature:
Name and Title:
Address
S-1 8521AS 8114
Signature:
Name and Tide:
Address
Bond Number: Document A312 TM - 2010
PBO1649700358 Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR:
SURETY:
Name; legal statics and address)
(Name, legal status and principal place of business)
Signature Roof Service LLC
Philadelphia Indemnity Insurance Company
27614 132nd Ave SE
One Bala Plaza, Suite 100
This document has important legal
Kent, WA 98042
Bala Cynwyd, PA 19004-1403
consequences. Consultation with
Mailing Address for Notices
an attorney Is encouraged with
respect to Its completion or
mod'Ificati6n.
OWNER:
(jVame, legal status and address)
Grant County Facilities and Maintenance
35 C Street NW
Ephrata, WA 98823
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
CONSTRUCTION CONTRACT
Date: 3 IS/ a 0--;12.
Amount:, One Hundred Twenty-six Thousand Eight Hundred Twenty-eight & 00/100 ($1267828.00)
Description-, Wheeler Road Roof
JV
a"le and I
o'call
on) Project Number: FM2204
Moses Lake, Washington
BOND
Date: 3/3/Zft?---
(Not earlier than Constriction Contract Date)
Amount: One Hundred Twenty-six Thousand Eight Hundred Twenty-eight & 00/100 ($1267828.00)
Modifications to this Bond: [N None F] See Section 18
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature Roof Service LLC
Signature: , 1144- 00
LJ, J
Nmne. 1/. 'A,, HI k
and Title- 0 C�A.3 VV e
0 _,,00--
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR IXF0,%V&TI0jV ORL Y — Arame, ad&-ess and telephone)
AGENT or BROKER:
Parker, Smith & Feek
2233 112th Ave NE
Bellevue, WA 98004
S-2149/AS 8110
SURETY
Company: (Capporate Seal)
Philadelphia Indemnity Insurance Company
Signature:
Name Derek Sabo
and Title: Attorney -in -Fact
OWNER'S REPRESENTATIVE:
(Architect, Engineer or otherparty.)
§ I 1lic Contractor and 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 Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits agahist the Owner or
the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the perfonrance of the
Construction Contract and tendercd dofenso of such claims, demands, liens or, suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense Mend, indemnify and hold
harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Clahnant under this Bond shall arise after the following:.
6.1 Claimants, who do not have a direct contract with the Contractor,
.1 have fumished a written notice of non-payment to the Contractor, stating with substantial accuracy tho 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 futuished materials or equipment included in the Clain;
and
have sent a Claim to tho Surety (at the address described Mi Section 13).
§ 6.2 Claimants, who aro employed by or have a direct contract with the Contractor, have sent a Clain to the Surety (at the address described in
Section 13).
§ 6 If a notice of non-paynient required by Section 5.1.1 is given by the Owner to the Contractor., that is sufficient to satisfy a Claimanfs obligation
to furnish a written notice of nonopayment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5. 1, or 5.2, whichever is applicable,, the Surety shall promptly and at the Surety's
expense take the following actions:
§ 7.1 Send an answer to the Claimant., with a copy to the Owner, within sixty (60) (lays after receipt of the Claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 -Me Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If, however, the, Surety fails to discharge its obligations -under Section 7.1 or Section 7.2, the Surety shall indermify the Claimant for the reasonable
attomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
Is
The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fbes, provided under Scotion 7. 3,
and the amount of this Bond shall be credited for any pa)ments made in good faith by the Sumty.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Conti -act
and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree
that all funds carncd by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. .
S-21491AS 8/10
§ 10 71b Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligation to make payments to, or give notice on behalf of, Clakinants or otherwise have any obligations to Claimants under this Bond.
§ 11 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.
§ 12 No suit or action. shall be commcnccd 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 perfonned by anyone or the last materials or
equipment were furnished by anyone under the, Construction Contract, whichever of (1) or (2) Ernst occurs. If the provisions of this Paragraph arc void
or prohibited by law, the i period of limitation available to sureties as a defense MI the jurisdiction of the suit shall be applicable.
13 Notice and Claims to the Surety, the Owner or the Contractor shall bo 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: bean.furnishcd to comply with a statutory or other legal requirement is 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 famished, tho intent. is that this and 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 bonoficiary of this Bond, the Contractor and Ovmer, shall promptly fmMish 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 mmilimum:
.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 ofthe agccraentor purchase order pursuantto which labor, materials or equipment was fundshed for use In the
perfonnance of the Construction Contract;
.4 a brief description of the labor, materials or ; equi ment fumlishedP
.6 the date on which the Claimant lost performed labor or last furmished materials or equipment for use in the performance ofthe
Construction Contract;
.6 the total amount camcd by the Claimant for labor, materials or equipment furnished as of the date ofthe Claim;
67 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 ofthe Contractor to finish 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 statut6 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 rentat equipment used in the Construction Contract, architectural and engineering services, required for performance of the work
of the Contractor and the Contractoessubcontmetors, and all other items for which a mechanies lien may be asserted in thoilinisdiction Whero the
labor, matcri"als or equipment were Imished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and all changes made to the agreement and the Contract Documents,
S-2149/AS 8/10
§ 16.4 Owner Default Failure of the Owner.. *vhich - has not bees e 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.
§ 16.6 Contract Documents. All tho 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 dccmcd to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Madifications to this bond are as follows:
(pace is Provided belowfor additional signatures of added, rties, other than thane appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL
Company: (Colporate Sea,)
Signature:
Name and Title. -
Address
8-2149/AS 8110
SURETY
Company: (Corporate Seal)
Signature. -
Name and Title.,
Address
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,- does hereby constitute and appoint Deanna M. French, Elizabeth R. Hahn, Guy Armfield, Jana M.
ROL John R. Clacys, Marie L Matetich, Mindee. L. Rankin, Roger Kaltenbach, RoLiald J. Lange, Sand y L. Boswell, Scott Fisher, Scott McGilvraL Susan B.
Larson, Nicholas Fredrickson, Andrew P. Larsen, Scott Garcia, Charla M. Boad.1,e Alec Gumpfer, Katelyn Cooper, Andrew Kerslake, Sharon Pope, Jennifer
Lit and Derek Sabo of Parker, Smith & Feek Insurance, LLC, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,,
undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company
thereby, in an amount not to exceed $50,000,090.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 1411, of November, 2016.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (1) Appoint Attorneys) in Fact and. authorize the Attorney(s) in Fact to execute
on behalf of the Company bonds and. undertakings, contracts of indemnity and other
writings obligatory in the nature thereof and to attach the seat of the Company thereto; and
(2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And,
be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile., and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to
which it is attached..
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEALTO BE AFFINED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021.
On this 5t" day of March,, 2021 before me came the individual who executed the preceding instrument,, to me personally known, and being by me duly sworn said that he
is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the
Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
61a - t4olory1eal
m0owtalth at pomlylva'
P
, .
Van"" MokoftoN " otaly I
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'"to CPU*
my om"sek
Sn exp-Ims November 3, 2024]
Mei' r. Plopntylvan.M-A.StoeoG;;Fh�;iite
residing at. Bala Cynwyd, PA
My commission expires: November 3,- 2024
1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,, do hereby certify that the foregoing resolution of the Board of
Directors and the Power of Attorney issued pursuant thereto on the 51' day March, 2021 are true and correct and are still in full force and effect. I do further certify that
John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of
PHILADELPHIA INDEMNITY INSURANCE COMPANY.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of ..A&ck _,2 -
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY