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04-031.00 Specialty Home Products: Mirabeau Park Picnic Shelter RoofingAGREEMENT FOR CONSTRUCTION SERNWES Specialty Home Products THiS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Specialty Home Products herei.na.fier "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 CON T I ACTOR shall do all work and furnish all labor, tools, materials, supplies and equipment for the Mirabeau Park Picnic Shelter R.00fing Replacement (hereinafter "work ") in accordance with, and as described in the Contractor's bid proposal attached hereto. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal, assume and be responsible for the cost and expense of all work required for constructing and completing the work and related activities. 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 Contractor's bid proposal. 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 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 $2,241.93. 4. Payment. 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. 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. Agrcernent for Construction Scrviecs Page 1 of A C <1-31 Notice. Notice shall be given in writing as follows: TO THE CU -Y-: Name: Christine Bainbridge, City Clerk Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave., Suite 106 Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Rick Simmet Phone Number: 534 -8372 FAX: 534 -1847 Address: 2222 E. Mallon Ave. Spokane, WA 99202 6. Applicable Laws and Standards. The parties, in the performance. of this Agr eement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. 7. Prevailinp_ 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. 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 ten years 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. 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. Agreement for Constniction Services Page 2 of 4 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 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 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 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. 19. Exhibits. Exhibits attached and incorporated into this agreement are: Contractor's Bid Proposal. Agreement for Construction Services Page 3 of 4 r IN WITNESS WHEREOF, the parties have executed this Agreement this �i s day of 2004. CITY OF SPOKANE VALLEY: City Manager CONTRACTOR: Owner Tax I.D. No.: REDACTED APPROVED AS TO FORM. l( 7)-, ,I, ? z ( Deputy CitidAttorney 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 I , ,,Lp ava ,ev 1'_. 2x21- Mallon Spokane, Wrn. pH. (so9) 5344372 FAX (509) r3& -1447 Contractar Ucensa 0SPEdtN`087.1W DBA Spactatty Wtndaws _.► � ril l 1 :l �lm in�PUC August 17. 2004 Evergreen Adjustment Attn: Angus TFAver Fax # 922 -2904 99702 YMCA — Out .Building Steve Stamatoplos Faxg-921 -1008 Dear Homeovmer, some of the Inland Specialty Home Products uses only the highest quality roofing materials available. We employ Northwest's best journeyman craftsmen, trained to apply these materials in accordance to the manufacturer's specifications. This, combined with a full time job superintendent and my oversight, will insure that you receive the most professional job available. Our commitment to our customers, reputation in the community, and an overall dedication to the roofing business has given our company a first class reputation that is known through out the Inland Empire. After thorough inspection of your home, it is my professional opinion that we: • Tear -off exituig roofing & re -roof. ♦ Furnish &. install 30# felt underlayment to roof. This wilt help prolong the life of your roof, add an additional water barrier and insure that your roof will never be exposed to the elements. • Furnish & install new colored drip edge metal to all roof cues & rakes. This helps to shed water away from the fascia. *Furnish & install #1 grade starter shingle to protect. roof deck • Furnish & install high quality roofing nails not staples. ♦Furnish & install Owens Corning Pro 50 composition shingles. *'Furnish & install high profile ridge and rake shingles. • Sweep yard with magnet to pick up any loose nails & staples. ♦ Clean up and haul away all excess material. ♦ All work is backed by our 10 -ycar workmanship warranty in addition to the manufacture warranty. #Any rotten or damaged sheeting will be removed and replaced at 51,65 per. sq. ft. if I can be of any further help, please call me at 534 -8372. Sincerely, Rick Sirnmet $1,830.00 Tear -off entire roof / re -roof with 50 -year Owens Coming 83.94 Permit 160.00 Asbestos Survey $2,073.94 Subtotal 16729 Tax $2,241.93 Total if I can be of any further help, please call me at 534 -8372. Sincerely, Rick Sirnmet 9/9/2004 Time: 10:57 AM To: e 99211008 Page: 00? -002 I0 D-RJDy CERTIFICA II L--'OF LIABILITY INSURAoXE 09/09/2 0 0%-ER (509) 32S -3024 FAX (S09) 325 -1803 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moloney, O'Neill, Corkery R Jones, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1206 N Lincoln, Suite #200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane, WA 99201, Jill Williamson INSURERS AFFORDING COVERAGE NAIC #J INsuRED Specialty VII doves NSURERA Clarendon America Insurance Co DBA: Specialty Home Products Inc NSUAER0 Nationwide Mutual Insurance 2222 E Mallon NSLZERC' Spokane, WA 99202 INSURER 01. NSLRER E 1-n11Co ACCc 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LtSR O TYPE OFWSURANCE POLICYNUMBER PO DCYBFFEtTIVB AT MM1D POLICYEXPIRATCON LIMITS GENERALLIABTUIY HML0004376 02/15/2004 02/15/2005 EACH OCCU PENCE S 1,000,000 X COMNJ7ZCIAL GcNrp.AL LIAEtLTTY CLAMS NIADE I—I 11L I OCCUR DA.MA.GE TO REWEO - .uccu1.11te 5 50,000 r MED (a(A (Mn me FerSMI $ A PERSONAL 6.ADV NJURY S 1, 00O QQ GENERALA66REGATE S 2,000,000 GENtAGGREEGAIELMIT APPLIES PER PP.ODLIC7S- COWIXF,A.GG 4 2,000,000 POLICY JECT LOC AUTOMOBILELIABFLFTY X ANY AUTO ACP7SO1444951 02/15/2004 02/1S/2005 CONIMED SINGLE LIMT (Es accideni) 9 11000,000 0 ALL OY.NED AUTOS SCHIR)ULEDAUr0S X HRED AUTOS X NON -MNED AUTOS BODILY NJLJRY (Perpersen) ; BuOLY INJURY IPet ansd_w[) f PRCPERIYOAMAGE IPeracchre J T GARAGE LIABILITY ALTO ONLY- EA ACCCENT f OTHER THAN FA ACC AUTO ONLY AGG T ANYAUTO f EXCESSIUTABREiLLA LIABILITY EACN OCGURFENCE f OCCUR U CLAJMSM.AOC- AGGREGATE f f S DEDUCTIBLE f RETUNIM I A Nx&*x&1Ni"- xxXXX) EMPLOYERS' LIABILITY ANY PF101�ZreiOFW?aZTNET+JEKECUiTJc' UFFICERiMENUER EXCLLUFV'J HML0004376 02/15/2004 02/15/2005 I TYcsT1ATU ER EL. EACH ACCOENI' L 500,000 E L. CfSEASE - EA EMPLOYEE f 500,000 ! r?4. <foccnro mdnr SP ECIALPROVISJON5bWk7N EL.CISEASE- POLICYlat1T f 3. ,000,000 OTHER DESCRTTTIDN OF OPERATIO "S J LOCATIONS f VEHICLES f EXCLUSIONS ADDEO BY EI:DORSEMDrT f SPECIAL PROVISIONS Re: Maribeau Point - Project City of Spokane Valley is additional insured per insuring form CG2010 (10 /01). City of Spokane Valley Attn: S't'eve 11707 E Sprague Ave Ste 106 Spokane Valley, WA 99206 SHOULD MY OF THE ABOVE DESCRIBED POLICIES BE CARCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING IIMURER WILL ENDEAVOR TO MAA 30 DAYS wRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAELURE TO MAIL SUCH NO'IWE SHALL IMPOSE NO OBLIGATION nR LIARILf7Y OF ANY RWJD UPON THE INSURER, ITS AGENTS OR REPR=_SENTATNES. AUTHORIZED REPRE SENTATIVE *rim Warner /JPmV ��� rrr-� La" ACORD 25 (2001f08) FAX: 921 -1008 OACORD CORPORATION 1988 ate: 9/9/2004 Time: 10:57 AM TO: e 99211006 VVY-VVL IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy[es) must be endorsed. A statement on this certificate doss not confer rights to the certificate holder in lieu of such endorsement(s). 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 ondorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001106)