04-038.00 Cameron Contracting: 24th & Bowdish Sidewalks0 . as
AGREEMENT FOR CONSTRUCTION SERVICES
Cameron Contracting, Inc
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Cameron Contracting, Inc. hereinafter "Contractor," jointly referred to
as `-parties."
IN CONSIDERATION of the terms and conditions contained herein the parties 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 Bowdish Road/24's Avenue PSMP Sidewalk Project (hereinafter
"work ") in accordance with, and as described in Exhibit A (Contract Plans), and the currently adopted edition
of the Standard Specifications for Road, Bridge and Municipal Construction of the Washington State
Department of Transportation, which are by this reference incorporated herein and made part hereof ("Contract
Documents "), and shall perform 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,
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 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 designee to
review the scope of work, schedule, and time of completion. 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. 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.
2. Term of Contract. This Agreement shall be in full force and efleect upon execution and shall
remain in effect until October 15, 2004.
The City may terminate this Agreement by ten (l 0) 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 tenmination date.
J. Compensation. The Contractor agrees to perform all of the work described in the
contract documents and comply with the terms therein for the sum of $78,088.10. or as shown in
the bid schedule.
Agreement for Construction Services
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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 Manager, 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 T� CITY: TO THE CONTRACTOR.:
'Name: Christine Bainbridge, City Clerk
Phone Number: (5 09) 921 -1000
Address: 11707 East Sprague Ave., Suite 106
Spokane Valley, WA 99206
Name: Jim Cameron
Phone Number: 466 -5555
Mobil: 475 -7600
Address: 11201 W. 21 `N
Airway Heights, WA 99001
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.
7. Prevailing Wages on Public Works. Unless otherwise required by law, if this contract is for
a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary
maintenance executed at the cost of the City," the following provision applies:
This Agreement provides for the construction of a public work and a payment of prevailing
wages according to Washington law. All workers, laborers or mechanics shall be paid a
prevailing rate of wage that is set forth in an Exhibit to this Agreement.
Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid"
before retained funds will be released to the Contractor. The affidavit must be certified by the
industrial statistician of the Department of Labor and hidustries.
8. 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 of the work 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 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.
9. Warranty. Unless provided otherwise in the Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under this Contract are free from defect or
failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a
warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure
occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or
expense to the City.
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10. 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.
11. 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 put of said party, or its agents, employees or volunteers, in the performance of this
Agreement.
12. 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.
13. 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 fu-st obtaining the written
consent of the other party.
14. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
15. Arbitration. All disputes arising under this Agreement shall be resolved through arbitration
pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of
Arbitration.
16. 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.
17. 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 Agmeement.
18. Business Registration. Prior to commencement of work, Contractor shall register with the
City as a business.
19. Exhibits. Exhibits attached and incorporated into this agreement are:
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IN WITNESS WITEREOF, the parties have executed this Agreement this 2609 day of -d`9
2004. li
CITY OF SPOKANE VALLEY:
City Manager � O r
- REDACTED
T .D. No.:
ATTEST: APPROVED AS TO FORM:
6
City Clerk Deputy Uity Attorney
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
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