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04-043.00 Inland Asphalt: Sullivan West BridgeAGRIENIENT FOR CONSTRUCTION SERVICES Inland Asphalt Company THIS AGREEMENJ 7 is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Inland Asphalt Company hereinafter "Contractor," jointly referred to as "parties." IN CONSI:DERATJON 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 Sullivan Road `Vest Bridge #4508 Project (hereinafter "work ") in accordance with, and as described in the Scope of Work, per Attachment 'A', which are by this reference incorporated herein and made part hereof ( "Contract Documents' ), and shall perform any changes in the wort: in accordance with the Contract Documents. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal, per Attachment 'B' attached hereto, assume and be responsible for the cost and expense of all work required for constructing and completing the work and related activities as provided for in the Contract Documents. 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 Documents. 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. Contractor acknowledges review of the Contract Documents and accepts the same. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until October 30. 2004, 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. 3. 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 $32,345.00. 4. Pavment. The Contractor shall submit an invoice to the City upon completion of the work. Once notice is received from the Department of Labor and Industries that all wage requirements have been met, the Contractor shall be paid in full. Applications for payment shall be sent to the City Clerk at the below - stated address. Agreement for Construction Ser%iccs Page] of 4 ed y-1�i_3 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 Documents or City or State standards. Notice. Notice shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone Number: (5 09) 92 1 -1000 FAX: (509) 921 -1008 Address: 11707 Fast Sprague Ave., Suite 106 Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Al Hughbanks Phone Number: (509) 536 -8340 FAX: (509) 534 -9787 Address: P.O. Box 3366 Spokane Valley, WA 99220 -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. 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 by the Washington State Department of Labor and Industries. 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 Industries. 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. Warranh,. 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. Agreement for Construction Services Pagc 2 of 4 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. H. 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. 12. Waiver. No officer, employee, agent or other individual acting on behalf of either parry, has the power, right or authority to waive any of 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. f=ailure 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 part) 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 first 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 Agreement. 18. Business Registration. Prior to commencement of work, Contractor shall register with the City as a business. Agrcement for Con_nruccion Scn iccs Page 3 of 4 19. Exhibits. Exhibits attached and incorporated into this agreement are: Attachment `A': Scope of Work #04 -004 Attachment `B" Contractor's Bid Proposal. IN WITNESS WHEREOF, the parties have executed this Agreement this / =1 /—..day of U'C36� 2004. CITY OF SPOKANE VALLEY: City Mana er ATTES : City Clerk CONTRACTOR: ZA1C.4�t4O PiSP*A-LT C–Z- Owner Tax I.D. Nc._ REDACTED APPROVED AS TO FORM: r" AA& Deputy C9y 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. Agreement for Construction Services Page 4 of 4 SULLIVAN ROAD WEST BRIDGE 94508 REMOVE AND REPLACE ASPEiALT OVERLAY SCOPE OF WORK #04 -004 1. PROJECT DESCRIPTION This project consists of the following major activities: 1) Removing the existing asphalt concrete overlay from the west bridge (southbound lanes) of the Sullivan Road Bridge #4508 over the Spokane River, 2) Testing the bridge deck for delamir►ation and chloride content (to be done by Spokane County Bridge Department), and 3) Re- paving and re- striping the bridge deck. Contract time shall begin within seven (7) days after a contract is executed by both parties. A total of seven (7) working days will be allowed for this project. 2. PROJECT SCHEDULE AND SEQUENCE OF WORK The contractor shall perform the bulk of the work on 3 consecutive evenings as follows: Evening 1: Asphalt Pavement Removal and Cleanup. Evening 2: Bridge Deck Testing (by Spokane County). Evening 3: Hot Mix Asphalt overlay placement and striping. All work under this contract is to be completed between the hours of 7:00 p.m. and 5:00 a.m. to minimize disruption of traffic on this heavily -used arterial. 3. COORDINATION Prior to beginning work; the contractor shall coordinate the removal and repaving of the bridge deck with the Spokane County Bridge Department so that testing of the deck can occur between pavement removal and repaving. The contact at Spokane County Bridge Maintenance department is Dale Harder, 477- 7454. 4. ENVIRONMENTAL Prior to the commencement of work, the contractor shall submit a Spill Prevention and Control Plan for approval by the Engineer. This plan shall also address air pollution control methods to insure compliance with all applicable environmental regulations. 5. ASPHALT CONCRETE PAVEMENT REMOVAL This item consists of grinding the existing asphalt concrete overlay off the cement concrete bridge deck. The estimated thickness of the asphalt overlay is 2 % ". The curb -to- curb width of the bridge deck is 28' wide and the bridge is 437' in length. The contractor shall exercise care when removing the asphalt concrete overlay from around the bridge drains and at the expansion joints to prevent damage. Any damage directly caused by the Sullivan Road West Bnct e 44508 919/2004 Scone of 'Work Page contractor's operations to these items shall be rewired as directed by the Engineer and shall be done at the contractor's sole expense. After pavement removal and cleanup and Prior to allowing traffic on the affected bridge section, the contractor shall install 5 OH: 1 V temporary transition ramps at both ends of the bridge. The contractor shall exercise caution during the grinding operations to minimize impacts upon the cement concrete bridge deck_ Any darnage directly caused by the contractor's operations to the bridge deck shall be rapai License 1Vramzier: IVLA_ IAC9840K hilmid Asphalt Compimy RO. Box 3366 Spokane Vaky, WA 99220 -3366 Phone: 509-434-2637 Fax: 509 -534 -9787 Submitted To: Spokane Valley Bid Title: Sullivan Load Bridge Address: 11707 E. Sprague Bid Number: 041154 Suite 106 Spokane Valley, WA 99206 Project Location: Sullivan Road Bridge, South Sound Contact: Steve Project City, State: Spokane Valley, WA Phone: 509 -921 -1000 Fax: 509 -688 -0037 Engineer/Architect: Spokane Valley The following price includes all work as described in your Scope of Work #04 -004 including bituminous planing and associated asphalt removal, a 1 -1/2" asphalt overlay (PG 64 -28), striping and the traffic control required to complete this work. Please deduct $1,200.00 if the asphalt replacement can be completed during normal work hours (exclusive of peak drive times). Item No. Item Description Estimated Quantity Unit Unit Price Total Price 001 Asphalt Removal & Replacement 1.00 LS $32,345.00 $32,345.00 Total Price for the above items: $32,345.00 Total Bid Price: $32,345.00 Notes: ' This pricing includes use taxes on materials. ' Inland Asphalt will not schedule this work until a signed proposal or subcontract is received. Cost of permits and testing are not included in this estimate. This proposal may be withdrawn by Inland Asphalt if not accepted within 60 days. Payment Terms: Full payment required 30 days from completion of project. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer Signature Date of Acceptance rage I or I CONFIRMED: Inland Aspha Authorized Signature: L& Estimator: Al Hughba X Certificate of Tnsurance THE CERTIFICATE IS ISSUED AS A NWTTER OF t MATION ONLY AND CONFERS NO RIGHTS UPON YOU Tl 'TIFICATE HOLDER THIS CERTIFICATE IS NOT AN INSURANCE POLICY AtVD DOES NOT AMEND, E... -ND, OR AITF,R TFtE COVERAGE AFFORDED BY THE POUCI,- ... ITO BELOW. This is to Certify that FINLAND ASPHALT COMPANY PO BOX 3366 SPOKANE, WA 99220-3366 Name and �— address of Insured. 0�Liberty mutuzil. Is, at the issue date of this certificate, insured by the Company under the policy(ies) tided below. The Insurance afforded by the - listed- poliey(es) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY EXP. DATE . ❑ CONTINUOUS 0 EXTE14DEO POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS COMPENSATION 09/01/2005 WA7 -68D- 004095 -024" COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: ALL STATES EXCLUDING MONOPOLISTIC STATES I EMPLOYERS LIABILITY Bodily Injury By Accident Each $1,000.000 Accident Bodily Injury By Disease $1,000,000 Polio Unlit WC7- 685- 004095 -014 OR WI Bodily Injury By Disease $1,000,000 Each ppmon- GENERAL LIABILITY 09/01/2005 RG2- 685-004095 -114 General Aggregate - Other than Products /Completed Operations S2,000,000 ® OCCURRENCE ProducWCompleted Operations Aggregate $2,000,000 ❑ CLAIMS MADE Injury and Property Damage Liability per Per $2,000,000 Occurrence RETRO DATE Personal Injury Per Person/ Included in Occurrence Organization Other Other AUTOMOBILE LIABILITY 09/01/2005 AS2 -685- 004095 -124 (AOS) $2,000,000 Each Accident - Single Limit B.I. and P.D. Combined © OWNED AS1- 685- 009006 -414 Each Person Each Accident or Occurrence ® NON -OWNED (OH ONLY) Each Accident or Occurrena ® HIRED OTHER EXCESS WORKERS' COMPENSATION a EMPLOYERS' LIABILITY 9/1/2005 EW7 -68N- 004095 -344 WORKERS' COMPENSATION - $20,000,000 (includes WA stop gap) EMPLOYERS' LIABILITY - $750,000 SIR S250,000 ADDITIONAL C00.04ENTS -VVA POLICY: POLICY INCLUDES DEDUCTIBLE ENDORESEMENT WITH $250,000 DEDUCTIBLE LIMIT PER OCCURENCEICLAIM (DISEASE) WITH AN AGGREGATE DEDUCTIBLE ALL BODILY INJURY OF NIA WITH THE PROVISION THAT LIBERTY MUTUAL WILUMAY ADVANCE PAYMENT OF THE DEDUCTIBLE AMOUNT. RE: Sullivan Road Bridge City of Spokane Valley is named as additional insured for the above referenced project. If the certificate expiration date is continuous or extended term, you will be noUiteci II Coverage Is Ierminareo or ruoucuu ueiwu uro SPECIAL NOTICE -OWO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD, IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY L SDR S eft Mutual Group p LOWER RIGHT HAND CORNER OF THE APPROPRIATE LOCAL ALES OFFICE MALLING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NNRIISCEAF CANCELLATION: ENTERED r STATED EXF IRATON E SHE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS 831 A -7 T Bal tis �FICATE City of Spokane Valley AUTHORIZED R E11; TIVE 1 1707 East Sprague. Suite 106 Spokane Valley, 11'A 99206 I Pittsburgh, PA (800) 222 -8890 10/710=1 OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MITI UAL CROUP as respects such insurance as is afforded by Thn; a Companies BS 772L R2 Statement of Intent to Pay Prevailing x-1Jages ipopari"PI of "LABOR AND .'r:.. 1NDus'rRIEs Received: 10/07/2004 Company Information: Payment Type: Company Signature. Statement of Intent to Pay Prevailing Wage Intent Id: 52936 COMPANY INLAND ASPHALT CO INLANAC9840K 601 006 854 P 0 BOX 3366 SPOKANE, WA 992203366 (509) 534 -2657 Electronic Electronic Paige 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504 -4540 (360) 902 -5335 Status: Approved on 10/07/2004 All Work PROJECT Public Agency: SPOKANE VALLEY, CITY OF Subcontractors? 11707 EAST SPRAGUE AVE STE 106 Apprentices? SPOKANE VALLEY, WA 99206 County: SPOKANE Multiple Counties? No City: Spokane Valley Project Name: Sullivan Road Bridge Contract Number. $19.56 Bid Due Date: 09/2912004 Award Date: 1 010 412 0 0 4 Prime Contractor. INLAND ASPHALT CO $7.62 INLANAC9840K SPOKANE (509) 534 -2657 Paige 1 of 2 Prevailing Wage Section Department of Labor & Industries PO Box 44540 Olympia, WA 98504 -4540 (360) 902 -5335 Status: Approved on 10/07/2004 All Work No Subcontracted? Wage Subcontractors? Yes Apprentices? No $ Amount: $32,345.00 Time and Materials No Filed by: Dolly J Ramminger WAGES Number of Owners 0 Journey Level Trades /Occupations County Trade Occupation Wage Fringe # Workers SPOKANE LABORERS ASPHALT RAKER $20.10 $6.80 1 SPOKANE LABORERS GENERAL LABORER $19.56 $6.80 1 SPOKANE POWER EQUIPMENT OPERATORS PAVING MACHINE (ASPHALT OR CONCRETE) $23.42 $7.62 1 SPOKANE POWER EQUIPMENT OPERATORS ROLLER OPERATOR (FINISHING PAVEMENT) $23.42 $7.62 1 SPOKANE POWER EQUIPMENT OPERATORS SCREED OPERATOR $23.72 $7.62 1 SPOKANE TRUCK DRIVERS DUMP TRUCK $21.04 $9.501 1 SPOKANE TRUCK DRIVERS DUMP TRUCK 8 TRAILER $21.21 $9.501 1 https: / /wws2.wa.gov/ tail pwia /lntent/Intent.Print.asp ?fD =52936 10/7/2004 Statement of Intent to Pay Prevailing A'Alages Page 2 of 2 I SPOKANE ITRUCK DRIVERS JOTHER TRUCKS I $20.931 $9.501 11 htt ps://,.Nrnr s2. wa. gov/ lni 1pwia/Intent/intentPrint.asp`? I D =52936 10/7/2004