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14-052.00 N.A. Degerstrom: Bridge Pedestrian Rail Safety Cable Project CONSTRUCTION AGREEMENT N.A Degerstrom,Inc. THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington("City")and N.A. Degerstrom,Inc.,("Contractor") jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor, supervision,tools,materials, supplies and equipment and other items necessary for the construction and completion of the Bridge Pedestrian Rail Safety Cable Project(the"Work")in accordance with documents described in Exhibit 1 and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof(the "Contract Documents")), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents to City's satisfaction,within the time limits prescribed in the Contract Documents. The City Manager,or designee,shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,State and federal standards,codes,ordinances,regulations and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed[or execution of this Agreement]and shall complete the Work within 60 days,,and may be extended in accordance with this Agreement and the Contract Documents. 3.Liquidated Damages. No Liquidated Damages will apply to this contract. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents a maximum not to exceed$9,500 based on the bid per linear feet submitted by Contractor, and as may be adjusted in accordance with the Contract Documents. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the below stated address. Pursuant to Chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards, City Code,and federal or state standards. Bridge Pedestrian Rail Safety Cable Construction Agreement Page l of 6 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name:N.A.Degerstrom Inc. Phone: (509)921-1000 Phone:509 928-3333 Address: 11707 East Sprague Ave, Suite 106 Address:P.O.Box 770 Spokane Valley, WA 99206 Veradale,WA 99037 7.Applicable Laws and Standards. The Parties,in the performance ofthis Agreement,agree to comply with all applicable federal, state, and local laws,codes and regulations. 8. Certification Regarding Debarment. Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement,shall comply with the requirements of RCW 39.12,and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&P'). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with RCW 39.12. The following information is provided pursuant to RCW 39.12.030: Bridge Pedestrian Rail Safety Cable Construction Agreement Page 2 of 6 A. State of Washington prevailing wage rates applicable to this public works project,published by L&I are located at the L&I website address: https://fortress.wa.gov/lni/wageloolcup/prvWageloolcumaspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 11707 East Sprague, Suite 106,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10.Relationship of the Parties. It is understood,agreed and declared that Contractor shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall,within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed And Bonded. Contractor shall be duly licensed,registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives,or employees. A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Bridge Pedestrian Rail Safety Cable Construction Agreement Page 3 of 6 Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations,stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion,collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. Bridge Pedestrian Rail Safety Cable Construction Agreement Page 4 of 6 16.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees,and(b) Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors,subconsultants and employees. Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 17.Waiver. No officer, employee,agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 18. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 19.Confidentiality. Contractor may,from time to time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 20.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. Bridge Pedestrian Rail Safety Cable Construction Agreement Page 5 of 6 2i.Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 22.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County,State of Washington. 23. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties. 24. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor,service or other thing of value from any person with an interest in this Agreement. 25.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business. 26.Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this Agreement. 27.Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Work 2. Insurance Endorsements The Parties have executed this Agreement thisQ day of /L� ,,,vii. CITY 0 F SPOKANE VALLEY: Contractor N . A. M6ER ST OA4tTuc., JjJpflyJ - X01 Ike Jack /son, amity Manager Owner V, P,, EAG E.FRlnrG ATT n i rip APPROVED AS TO FORM: �i * ristine Bainbridge,City Clerk i Office the City Attorney Bridge Pedestrian Rail Safety Cable Construction Agreement Page 6 of 6 N. A. DEGERSTROM, INC. O.BOX 770 Veradale,WA 99037-0770 3303 N.Sullivan Rd.Spokane Valley,WA 99216 yin!EqualcEmpfoynzent Opportunity Employes HIGHWAY AND HEAVY CONSTRUCTION (509)928-3333 Wash.Cont.tkc. No.DE•GE-RN-A375NO Fax(509)927-2010 firn`( C %ut" March 25,2014 Pete Fisch City of Spokane Valley Department of Public Works 11707 E. Sprague Ave. Ste. 304 Spokane Valley,WA 99206 Re: Retrofit bridge cable rail Dear Pete: In accordance with information and direction supplied in your email to me dated March 10,2014, we estimate the cost of 3/16"stainless steel cable bridge rail retrofitted into the bridges noted at$9.50/LF. Based on an approximate footage of 1000',the total would amount to $9,500. This pricing assumes all work can be done from the sidewalk and includes nothing for traffic control. Sincerely, i1G Richard A. Stager N. A. Degerstrom, Inc. 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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 CONTACT Danielle Carroll NAME: Commercial Lines-(509)358-3800 PHONEN Ent: (509)358-3979 FAx (AK:,NM:(866)510-9588 Wells Fargo Insurance Services USA,Inc.-CA Lic#:0008408 ADDRESS: danielle.camolllawellsfargo.com 601 West Main Street,Suite 1400 INSURER(SI AFFORDING COVERAGE NAIC/I Spokane,WA 99201-0635 INSURER A: Alaska National Insurance Company 38733 INSURED INSURER e: National Fire and Marine Insurance Co 20079 N.A.Degerstrom,Inc. INSURER C: PO Box 770 INSURER D: Veradale,WA 99037-0770 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 7531055 REVISION NUMBER: See below 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 ADOL SUER POLICY EFF POLICY EXP LIMITS INSD VAN POLICY NUMBER (MMNIY DYYY) (MMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITYX 13FPS09101 06(30/3013 06/30/2014 EACH OCCURRENCE S 1,000.000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES fEa occurrence] $ 100,000 X WA/WY Stop Gap MED EXP(Any one person) 5 5,000 PERSONAL 8 ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X PECP LOC PRODUCTS-COMP/OPAGG 5 2,000,000 OTHER: WA/WY Stop Gap $ 1,000,000 A AUTOMOBILELIASIUTY 13FAS09101 06/30/2013 06/30/2014 C(Ee eOMBINEDSINGLE UNIT $ 1,000,000 rdden0 X ANY AUTO BODILY INJURY(Per person) S ALL OV.NED —SCHEDULED BODILY INJURY(Per accident) S AUTOS x HRTDSAUTOS x NOT-OWNED fPRerOPERTY DAMAGE S - ) S B UMBRELLA WB X OCCUR 42XSF10001701 06/30/2013 06/30/2014 EACH OCCURRENCE S 10,000,000 X EXCESS UAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED X RETENTIONS 0S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N PER ERH ANY PROPRIETOR/PARTNER/EXECUTIVE ^ MIA E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe uMer DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Addleonal Remarks Schedule,maybe attached If more apace la required) ANIC GL 1061 03 08,CG25030509 City of Spokane Valley is included as an additional insured,insurance is primary and non contributory,per project aggregate applies per forms attached as required by written contract as respects General Liability coverage. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11707 E.Sprague#106 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,Washington 99206 AUTHORIZED REPRESENTATIVE I The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) N A DEGERSTROM INC Page 1 of 2 0 Washington State Department of Labor & Industries N A DEGERSTROM INC Owner or tradesperson PO BOX 770 VERADALE, WA 99037-0770 DEGERSTROM, NEAL A 509-9283333 Principals SPOKANE County DEGERSTROM, NEAL A HANSEN,ARMAND G CANNON, MICHAEL D STAGER, RICHARD A CANNON, MICHAEL D Doing business as N A DEGERSTROM INC WA UBI No. Business type 328 042 324 Corporation Governing persons ANN ASSENAULT ARMAND G HANSEN; CAROLINE COLEMAN; JULIE SAUCIER; KEITH M PETERSON; NEAL A DEGERSTROM; ROBERT A STAGER; SUE D ROBERTS; License Verify the contractor's active registration/license/certification (depending on trade) and any past violations. Electrical Contractor Active. Meets current requirements. License specialties GENERAL License no. NADEGI'087NF Effective—expiration 08/06/1992—08/06/2014 Designated administrator KLESCH, DAVID M Active. Meets current requirements. License type License no. Master Electrician KLESCDM979JG Bond SAFECO $4,000.00 Bond account no. 5247012 Effective date 11/30/1990 Insurance No insurance accounts during the previous 6 year period. https://secure.lni.wa.gov/verify/Detail.aspx?UBI=328042324&LIC=NADEGI*087NF&SAW=False 4/7/2014 N A DEGERSTROM INC Page 2 of 2 Savings No savings accounts during the previous 6 year period. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums. L&I Account ID Account is current. 029,890-00 Doing business as N A DEGERSTROM INC Estimated workers reported Quarter 4 of Year 2013 "51 to 75 Workers" L&I account representative T4 I KYLE MAXWELL(360)902-4724-Email: MAXK235©Ini.wa.gov Workplace safety and health No inspections during the previous 6 year period. ©Washington State Dept. of Labor&Industries.Use of this site is subject to the laws of the state of Washington. As Access AL&Washingtono Clicti lW C,srrnmtnt pkb Slu https://secure.lni.wa.gov/verify/Detail.aspx?UBI=328042324&LIC=NADEGI*087NF&SAW=False 4/7/2014