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03-048.00 Inland Asphalt: Steen and 4th Improvements4-. AGREEMENT FOR CONSTRUCT10N SERVICES THUS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and hiland Asphalt, hereinafter "Contractor", jointly referred to as "parties". LN CONSIDERATION of the terms and conditions contained herein the parties covenant and agree as follows: 1. Work to Be Performed. The CONTRACTOR shall do all work and furnish all labor, tools, materials, supplies and equipment for the Steen and Fourth Street lmprovement Project as set forth on Attachment "A" (hereinafter "work") in accordance with, and as described in the (Contract Plans), and 2002 Standard Specifications for Road, Bridge and Municipal Construction of the Washington State Department of Transportation (as amended by WSDOT), and City -adopted Spokane County Standards for Road and Sewer Construction, which are by this reference incorporated herein and made part hereof ("Contract Documents"), and shall perforin any changes in the work in accord with the Contract Documents. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, provide and bear the cost and expense of all work, of any sort whatsoever that maybe required for constructing and completing the work provided for in the Contract Plans and Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or desigmee to review the scope of work, schedule, and time of completion. Contractor shall receive the City's written authorization to proceed with the work. Upon notice from the 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 the City, all work shall be performed in conformance with the Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. 2. Term of Contract. This Contract shall be in full force and effect upon execution of this Agreement and shall remain in effect until thirty (30) days from the date of execution. The City may terminate this Agreement by ten (10) days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. s ncirWtM.stmicontraadac 1 3. Compensation. The City agrees to pay the Contractor a total not to exceed Twenty Five Thousand One Hundred Ninety ($25,190), plus applicable taxes. 4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the City; or in a lump sum, upon completion of the work. Applications for payment shall be sent to the City Clerk at the below -stated address. The City reserves the right to withhold payment under this Agreement which is determined, in'the reasonable judgment of the City Administrator, to be noncompliant with the Contract Plans, Contract Documents, or City or State standards. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Ms Chris Bainbridge, City Clerk Phone Number: (509) 921-1000 Address: 11707 East Sprague Ave. Suite 106 Spokane Valley, SVA 99206 Name: 01M EtA.)t4irS ?-1 Phone Number:(Sac0 :91C - 834» Mobil: (S3q) °1"1-1 - -1633 Address: Po. 0on BUzoG S 0 wPs . C►92Zo - 3366 6. Applicable Laws and Standards. The parties, in the performance of this Agreement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work performed shall be in compliance with current related industry standards. 7. Relationship of the Parties. It is hereby understood, agreed and declared that the Contractor shall be an independent Contractor, and not the agent or employee of the City, that the 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 the Contractor. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. S. Contractor to Be Licensed, Bonded and Insured. The Contractor shall be duly licensed and bonded by the State of Washington. Contractor shall purchase and maintain, during the term of this Agreement, a comprehensive general liability policy in the amount of $1,000,000.00 per occurrence, with the City as an additional named insured. A copy of the certificate shall be provided to the City. Contractor's insurer shall give notice of cancellation of such insurance to the City. SAC[PWdi&-zteeuconh=Ldoc 2 9. Indemnification :and Hold Harmless. Each party shall indemnify and hold the other, its officers, employees, agents, and volunteers, harmless from, and against, any and all claims, demands, orders, decrees, or judgments for injuries, death, or damage to any person or property arising, or resulting, from any act or omission on the part of said party, or its agents, employees or volunteers, in the performance of this Agreement. 10. 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. 11. 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. 12. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 13. Cost and Attorneys' Fees. In the event a lawsuit is brought with respect to this Agreement, the prevailing party shall be awarded its costs and attorneys' fees, in the amount to be detennined by the Court as reasonable. Unless provided otherwise by statute, Contractor's attorneys' fees payable by the City shall not exceed the lump sum amount of this Agreement. 14. Entire Agreement. This written'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 and signed by the parties hereto. 15. Anti -kickback. No officer or employee of the 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. s:VPMi stcwwntmct.cbc3 rNI WITi\TESS WHEREOF, the parties have executed this Agreement this�day of M.Q .2003. CITY OF SPOKANE VALLEY: David Mercier, City Manager A . UIerWtt SACM4th&stee[bWr1 =LdoA CONTRACTOR: Owner r<G� V IGt - f� t2E St Y�fJ-rT APPROVED AS TO FORM: Stanley M. Schwartz, Interim City Attorney ATTACHMENT A PROJECT DESCRIPTION STEEN ROAD AND 4T" AVENUE PAVING This project consists of providing an ACP (Asphalt/Concrete Pavement) driving surface for South Steen Road, starting at 4t' Avenue and continuing South to the bridge crossing; and for East 4`h Avenue from Steen Road to Flora Road. The Steen Road portion of the project is 352 feet in length, and the 4`" Avenue portion is 598 feet. Each will receive a 20 foot mat of 2 -inch thick ACP over 4 inches of crushed rock material, with appropriate tapers to meet existing asphalt surfaces and driveways. While drainage has been a problem in the area, we believe that careful grading of the base material can mitigate, if not eliminate, those problems. No other drainage improvements are anticipated. The proposed cost of this project is $25,190. SPECIFICATIONS Specifications for this project are comprised of the following three components: 1. The "2002 Standard Specifications for Road, Bridge and Municipal Construction" as promulgated jointly by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, referred to as the "Standard Specifications". The APWA Supplement will apply to this contract. 2. WSDOT Amendments to the "Standard Specifications". 3. Spokane County Standards for Road & Sewer Construction. , 1 1-11-8003 08:07 FRF ',LAND RSPF'ALT Inland Asphalt Company P.O. Box 3366 Spokane, WA 99224-3366 569 534 9787 T0:5099211008 P.002,0+02 Phone: (509) 534.2657 Fax: (509) 534-9787 Submitted To: Spokane Valley Bid Title: 4Th & Steen Address: 11707 E. Sprague Bid Number. Suite 106 Spokane Valley, WA 99206 Projoct Locntlon: Paving Of 4Th And Steen Road Contact: Mac McDonald Project City, Stnto: Spokane Valley, WA Phone: 509-921-1000 Fax: 509-1008 EnginoertArchltoct: The base bid price (Item No. 1) Includes fine grading the project area using existing materials and placing 2^ of asphalt pavement. The alternate add price Includes furnishing and installing an additonal 4" of crushed rock. These prices include u -se taxes on materials and do not include drainage, surveying or utility adjustments. Please refer to enclosed sketch for schematic layout and dimensions. Item No. Item Descriptlon Estimated Quantity Unit Unit Price Total Price 1 Asphalt Paving using existing materials 2 ADD - Fumish & Install 4" Of Crushed Rock Notes: ' Cost of permits are not Included in this ostimate. 1.00 IS $15,790.00 $15,790.00 1.00 LS $9.400.00 $9,400.00 Total Bid PNce; $25,190.00 Payment Terms: Full payment required 30 days from completion of project. ACCEPTED: CONFIRMED: The above prloes, specillicallons and conditions Inland Aspha Co y aro satisfactory and are hereby accepted. Buyer Authorized Signature Signature: ✓ Data of Accnptanco Estimator. Al Hughba s rage r aT I 10 ZO "'� •-/TFC Jv�.. 35 z SHAMROCK.. PAVING -CO. A DIVISION OF MURPHY BROS., INC. _ Thornton C. Murphy N. 110 HAYFORD ' ROAD William .,0. Murphy . PO: BOX. 19263- " SPOKANE., WA 99219-9263 j Contractors Reg. # (509) 244-2800 d SHANtRPC099LM FAX. (509) 244=2949 April 28.:20,03 City-of Spokane valley City..of Spokane V 1.1707 E: S ra a Suite ,106- P �? .. Spokane; ' WA. 99206 ' --RE:. Miscellaneous Yaving.-Projects .. _ Dear Robert: Ple.ase..accept"the following information as:a formal written quote.for,the above referenced-project: - FnUR'TH &-STErN: �Ve will excavate, fine grade and' compact existing crushed-rock,. sawcut; etistin asphalt at each End of project and pave ith 2" asphalt for the sum of .: :$2.0;1.85.00* ; A.rea'mea ures:appioxiniately 2.252 S:Y with 20' rtiad width: 'ALTERNATE:.-We.will excavate approximately 4".of existing material,.place:2" of new crushed rock, sawcut existing asphalt•at each erid'of project and pave with 2 ashalt' -for the sum of $29;625.00. Same area asabove: ; 35 & 'PIERCE: - `Ve'will .excavate existing material, sawcut entire.edge of existing ' asphalt; ,place P crushed rock and pave U ith 'T . asphaltfor the sum of $16, 140.W . Area measures-approximately 574'S.Y. with.l2' asphalt:being the widest area .ai the= north end. and tapering down to-zero feet at the -south end. EXCLUSIONS:. Undergroiuid'drainage installation. Asphalt 6itruded curb for-drainage:. Fence rem' Val(35`h,8i Pierce). .Weedkill. As drive Aray.connectionS.' : - Permits.:. Sales tax.: :. If you; regture any. further information; please Gall. Chuck Green, -Esti Inland Asphalt Company P.O. Box 3366 Spokane, WA 99220-3366 Phone: (509) 534-2657 Fax: (509) 534-9787 Submitted To: Spokane Valley Bid Title: Pierce From 35Th To 37Th Address: 11707 E. Sprague Bid Number: Suite 106 Spokane Valley, WA 99206 Project Location: Contact: Mac McDonald Project City, State: Spokane Valley, WA Phone: 509-921-1000 Fax: 509-1006 Engineer/Architect: The following price includes sawcutting, excavation to subgrade, disposal of excavated materials, 6" of crushed rock, weed kill and 2" of asphalt pavement as per enclosed sketch. This price does not inlcude fence relocation, utility relocation, drainage or surveylengineering. This price does include use taxes on materials. Item No. Item Description Estimated Quantitv Unit Unit Price Total Price 1 Asphalt Paving Notes: ' Cost of permits are not included in this estimate. 1.00 LS $21,335.00 $21,335.00 Total Bid Price: $21,335.00 Payment Terms: Full payment required 30 days from completion of project. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buver Signature Date of Acceptance CONFIRMED: Inland Asr Authorized Signature: Estimator: Al Hug , b13 Certificate of insurance THIS C (HETI FICATI? IS lSSu 14U AS AI e., , Eli OF IN FOICA.4 n[]N UNLY ANO OUNFEIS \O HIGH'rS UPUN YOU THE CERTTFICATE HOLa�_.. !111S CEMPICATE IS RIOT: INSUKANCE FGLICV AND DOES MA'A1.9END, 00'END, OR ALTERTHECOVERAGE AFFORDED BY THE POLICIES LISTED BELGIV. This is to Certify that INLAND ASPHALT COMPANY 1NBMX 33G6 Narrle and _ Liber PO 1 address of 1( ty Insured. SPOKANE, WA 99210 — �.�. tUMTU ' 1. N; DOLLY I Is, at the issue data Of Ibis certlgoate. insured by Iho Ca"Bny under the pal�L i6 s) IisLad Belo -Ar_ Tho 1xisuranc,e afforded by the Iisled policy(im) Is BEi4ject iD all 111cif lorrns, en.Jusions and coodilians aM is not allered by any requirawnk, Perm or madition of any oonlrect or olliar documeni wiLb inspod to whiph This oBriirioaie n►ay be issued- . LJ CONTJNUOUS TYPE OF POLICY ❑ ExTE140ED POLICY NUMBER 19 f=oucY TERM WORKERS $1112003 W A 2-68 a-004095-022' COMPENSATION C2-685-004 095-012 GENERAL LIABILITY 191112003 I Rfi2-685-004096-112 OCCURRENCE ❑ CLAIMS MADE LIMIT OF LIABILITY COVERAGE AFFORDED UJADER',WC EMPLOYERS LIABILITY I-A'N OF THrt FOLLOVMG STATES; Bodily InjUry By Accident Each $1,000,000 AuCCldenl Bodily Injury By disease $1,000,000 Pmcy Limit --Eodily Injury Sy Disease $1.000,000 Each Person General AggfggatO - Other than ProductslCorrlp eted OperatiMIS $2,999,000 PrDducUCDmpleled Operations Aggregate $ 2,000,990 Bodily Injury and PrOpgrly damage Liebllity Per $2,000.000 OdourrOnpe PL -tonal IniLIFY J'Orsonf INCLUDED IN BI & PID LIABILITY }' 0rggnizalion 0111er.r Other- X2,000,000 Each Accident- SJngle Limrt 8.1_ and PA). Combined trach Person Each Accident or OcwirenG Each Accident or OC UFrenC X250,000 ExcessWC-Statutory, EL -$1,000,000 Per Occ C LIMIT PER OCCUPFENC-ErCLAIdt;01$EAS E) WITK A44 AGGREGATE _UMAY AtiL'Mi:�E PAYPAENT OF THE 4J EDUCTIELE MOUNT. insijred For the above referenced L_. lifi I the cercaie exprNion (late is conU11U4US of adend(A termw, you 0l b0 natlGed If aowrlr3go IS 4anWrialad of fedkmed belwo the fllifiCto ax graplralipn dal4_ $ F ECIAL NDATC E-01410: ANY PERSON WHO, L JITH INTENT TO DEFRAUD OR MOWING THAT HF- 1$ FACELITATWCi A FRAUD AGAIAST Air INSUFER, 6V11MIT5 AN Al %tCATION OR PrIL;ESACLAIM CONTAINING A FALSE OR DECEPTfwE STATI=thENT 1$ GUILTY 4F IMSUPANCE FRAUD, Ixt'kORTAHT NOT1GF 10 FLORIDA POLIc-OOLDERS AND CERTIFICATE HOLDERS; IN THE EENT YOU HAVE -ANY OUESTIONS OR NEED 11dFOR1iATE4N- AGOUT THIS CERTIFIGATE FOR ANY REA9G . PLEASE CONTACT YOUN tOGAL SAL55 PRODUCE=R, WHO$f: NA1AE AND TE<LEPHDNE NUMBgR APPEARS IH THE LOWER RIGHT HAND CORNER OF THIS C=ERTIFICATE. THE APPROPRIATE LOCAL SALES oKFICE MOUNG ADDRESS MAY ALSO HE 0$TAIN4D BY CALUNIG THl�iberly Mutuall Croup N&III51R 1 THr 57A7ED 1CPIRATION THE COkiPAM1'.LLVILL — — N TICe $F CANCELLATION; (NOT APPLICA&LE UNLESS A rrUMdER OF DAYS IS ENTERt=D BELOt'i_t EEFpFE _ }aQT CANCEL OR REDUCE T3 -LE IHSURAN'CE AFFOAOED UNDER THEr ABOVE POLICIES UNTIL AT LF.�ST , �• DfsYS - - 31 ¢ tr1CaTE Attn: Chris Bainbridge, CMC Bal fis < (yl ty of Smkane Valley AUTt{QRfZEd R ESErlTATIVE KLCE 11707 East Sprague Ave. Suire 106 Spokane Valley, WA 99206 Pittsburgh, PA (800) 222-8890 7/22/03 OFFICE PHONrtRUMSER CATEJSSUED This certificate is ececuted by LIBERTY MUTUAL [ROUP as rerypecLs such insuranceas L, afforded by Those Companies 115 772L R2 RETRO DATEJj rkUTOMOBILE LIABILiTY 91112003. AS2-665-004095-122 , (AOS) A51-685-009006-412 �] OWNED (OH ONLY) �lOhf�01NfJED HIRED .VIER 9!1!2003 E 7-68N-004095-342 SII ';i{CESSwORKERS' '�.,AP[Pd8ATION S (1�1CIud2 WAtOp GAP} ' IPLarERS' LI+�BrtrrrY ]pLTIONAL COM }A ENTS -'?A POLICY; POLICY INCLIJOES DEOUCT113LE ENIDORESEI„1ENT WITH $250,400 DEOUCTIBI L cbIJGTI BLE ALL 430D ILL INJURY OF rVA WITH THE PR4V1SION TWAT LlgERTY MUTUAL WI RE. Asphalt Paging of 4th & Steen The City of Spokane Valley is named as additional pro j ec.t . LIMIT OF LIABILITY COVERAGE AFFORDED UJADER',WC EMPLOYERS LIABILITY I-A'N OF THrt FOLLOVMG STATES; Bodily InjUry By Accident Each $1,000,000 AuCCldenl Bodily Injury By disease $1,000,000 Pmcy Limit --Eodily Injury Sy Disease $1.000,000 Each Person General AggfggatO - Other than ProductslCorrlp eted OperatiMIS $2,999,000 PrDducUCDmpleled Operations Aggregate $ 2,000,990 Bodily Injury and PrOpgrly damage Liebllity Per $2,000.000 OdourrOnpe PL -tonal IniLIFY J'Orsonf INCLUDED IN BI & PID LIABILITY }' 0rggnizalion 0111er.r Other- X2,000,000 Each Accident- SJngle Limrt 8.1_ and PA). Combined trach Person Each Accident or OcwirenG Each Accident or OC UFrenC X250,000 ExcessWC-Statutory, EL -$1,000,000 Per Occ C LIMIT PER OCCUPFENC-ErCLAIdt;01$EAS E) WITK A44 AGGREGATE _UMAY AtiL'Mi:�E PAYPAENT OF THE 4J EDUCTIELE MOUNT. insijred For the above referenced L_. lifi I the cercaie exprNion (late is conU11U4US of adend(A termw, you 0l b0 natlGed If aowrlr3go IS 4anWrialad of fedkmed belwo the fllifiCto ax graplralipn dal4_ $ F ECIAL NDATC E-01410: ANY PERSON WHO, L JITH INTENT TO DEFRAUD OR MOWING THAT HF- 1$ FACELITATWCi A FRAUD AGAIAST Air INSUFER, 6V11MIT5 AN Al %tCATION OR PrIL;ESACLAIM CONTAINING A FALSE OR DECEPTfwE STATI=thENT 1$ GUILTY 4F IMSUPANCE FRAUD, Ixt'kORTAHT NOT1GF 10 FLORIDA POLIc-OOLDERS AND CERTIFICATE HOLDERS; IN THE EENT YOU HAVE -ANY OUESTIONS OR NEED 11dFOR1iATE4N- AGOUT THIS CERTIFIGATE FOR ANY REA9G . PLEASE CONTACT YOUN tOGAL SAL55 PRODUCE=R, WHO$f: NA1AE AND TE<LEPHDNE NUMBgR APPEARS IH THE LOWER RIGHT HAND CORNER OF THIS C=ERTIFICATE. THE APPROPRIATE LOCAL SALES oKFICE MOUNG ADDRESS MAY ALSO HE 0$TAIN4D BY CALUNIG THl�iberly Mutuall Croup N&III51R 1 THr 57A7ED 1CPIRATION THE COkiPAM1'.LLVILL — — N TICe $F CANCELLATION; (NOT APPLICA&LE UNLESS A rrUMdER OF DAYS IS ENTERt=D BELOt'i_t EEFpFE _ }aQT CANCEL OR REDUCE T3 -LE IHSURAN'CE AFFOAOED UNDER THEr ABOVE POLICIES UNTIL AT LF.�ST , �• DfsYS - - 31 ¢ tr1CaTE Attn: Chris Bainbridge, CMC Bal fis < (yl ty of Smkane Valley AUTt{QRfZEd R ESErlTATIVE KLCE 11707 East Sprague Ave. Suire 106 Spokane Valley, WA 99206 Pittsburgh, PA (800) 222-8890 7/22/03 OFFICE PHONrtRUMSER CATEJSSUED This certificate is ececuted by LIBERTY MUTUAL [ROUP as rerypecLs such insuranceas L, afforded by Those Companies 115 772L R2 SCITY Of p ,m;0OValley ►I a1 11707 E. Sprague Ave. Suite 106 • Spokane a ey,WA 99206 (509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org July 24, 2003 Jim Ellingson Inland Asphalt Company PO Box 3366 Spokane, SVA 99220 RE: Aoreemcnt for Construction Services, 4h & Steen Contract Dear Mr. EIIinnson: Thank you for sending a copy of the above-mentioned contract. On June 26, 2003, 1 mailed the original contract to your company for signature and return. I am writing to inquire into the whereabouts of the original contract, and request shat if in your possession, that you return the original to us for our records. If you have any questions, or if I can be of any assistance, please don't hesitate to contact me. Sincerely, Chris Bainbridge City Clerk Inland, Asphalt Company P. O. Box 3366 Spokwc, Washington 99220 LETTER OF TRANS?NU TTAL, ATE - v JOB NO TTtrMON: G %t'� (S l 1 �Yl-t 1XuE fr11 e1G WTR.E S NDINC YOU Attached ❑ Uttider scpnrtte Cover Shap drawings C3 Prints 0 Plans 0 Copy of letter ❑ Change order 0 the folloa+ing items: 0 Samples 0 Specifications COPIES DATE NO. DESCRIPTION _— THESE ARE TRA\SNI=ED as check below- ❑ For approval 0 ID Approved as Submitted Resubmit copies for approval For your use Approved as noted C3 Submit copies for distribution As requested C3 Rctumed for corrasion Return corrected prints For review and comment a 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS: COPY TO: SIGNED: _ _ . Jim Ellingson p OF 3 CITY okane ,,,00OValle Y 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org June 26, 2003 Inland Asphalt Company PQ Box 3366 Spokane, "AIA 99220-3366 RH: Agreement for Construction Services Dear Sir or Madam: Enclosed please an original Agreement for Construction Services. Please secure the appropriate signature, make a copy for your records, and return the original to me for our tiles. Thank you for your assistance. Should you have any questions or concerns, please feel free to contact rne.. Sincerely, Chris Bainbridge, CARC City Clerk /cb l -a1 c.