09-182.00 Cat's Eye Excavating: Blake Rd RepairAGREEMENT FOR CONSTRUCTION OR SERVICES
Blake Road Repair Project
SVPWD Contract No. 09 -052
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Cat's Eve Excavating 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 Blake Road Repair Project (hereinafter "work ") in accordance with, and as
described in the attached Contract Provisions for construction of Blake Road Repair Project and 2008 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 requirements, conditions and
specifications contained in this Agreement shall supercede and govern over any conflicting provisions contained in
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 effect upon execution and shall
remain in effect until 1 year after final acceptance
The City may terminate this agreement by ten 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 City agrees to pay the Contractor for the actual quantities of work
performed and accepted in conformance with the Contract Documents at the unit prices contained on the Bid
Schedule in the proposal form. At the time of award the cost of the estimated quantity of work is
$ 81,243.50 .
4. Payment The Contractor shall be paid in monthly installments, after the Public Works
Director approves a Pay Application prepared by the Engineer.
City of Spokane Valley
Blake Road Repair Project
Agreement for Construction Services
Bid No: 09 -052
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 THE CITY: TO THE CONTRACTOR:
Name: Christine Bainbridge, City Clerk
Phone Number: (509) 921 -1000
Address: 11707 East Sprague Ave., Suite 106
Spokane Valley, WA 99206
Name: Bryan Woodward.
Phone Number: 208 - 661 -1536
Mobil: 208 - 661 -1536
Address: 19311 N. Amber Ct.
Rathdmm, ID 83858
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 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 its employees under this agreement and any liability that may attach thereto.
9. Ownership of Documents All drawings, plans, specifications, and other related documents
prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject to
disclosure pursuant to RCW 42.56 or other applicable public record laws.
10. 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 the Contractor's records with respect to all matters
covered in this contract. 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.
City of Spokane Valley 9 Agreement for Construction Services
Blake Road Repair Project Bid No: 09 -052
11. 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.
12. Contractor to Be Licensed And Bonded The Contractor shall be duly licensed and bonded by
the State of Washington at all times this agreement is in effect.
13. Insurance The 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 the Contractor, their agents, representatives, employees or
subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope oflnsurance. Contractor shall obtain insurance of the types described
below:
1. Automobile Liability insurance covering all owned, non - owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01
or a substitute form providing equivalent liability coverage. Ifnecessary, 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 1185. There shall be no endorsement or modification
of the Commercial General Liability insurance for liability arising from explosion,
collapse or underground property damage. The City shall be named as an insured under
the Contractor's Commercial General Liability insurance policy with respect to the work
performed for the 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 that
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-
City of Spokane Valley 10 Agreement for Construction Services
Blake Road Repair Project Bid No: 09.052
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 and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail, return
receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days prior written notice by certified
mail, return receipt requested of a cancellation.
D. Acceptability oflnsurers. 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 contract,
the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor
returns the signed contract. 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 the City. The Contractor shall be financially responsible
for all pertinent deductibles, self - insured retentions, and/or self - insurance.
14. Indemnification and Hold Harmless The Contractor shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this agreement, except for
injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is
further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration
or termination of the agreement.
15. 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,
City of Spokane Valley 11 Agreement for Construction Services
Blake Road Repair Project Bid No: 09 -052
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.
16. 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.
17. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
18. 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.
19. 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.
20. 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.
21. Business Registration Prior to commencement of work, Contractor shall register with the City
as a business.
22. Severability If any section, sentence, clause or phrase ofthis 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.
23. Exhibits Exhibits attached and incorporated into this agreement are:
1. Proposal Form
2. Contract Provisions
3. Insurance Certificates.
4 Performance and Payment Bond
IN WITNESS WHEREOF, the parties have executed this agreement this day of
d G1 V 9 &e 2009.
CITY OF SPOKANE VALLEY:
City Manager
CONTRACTOR:
O er
Tax I.D. No .: REDACTED
APPROVED AS TO FORM:
Office o e City ktto
City of Spokane Valley 12 Agreement for Construction Services
Blake Road Repair Project Bid No: 09 -052
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Oct 28 09 12:06p Cat's E9e Exc. Inc 208- 687 -6939 p.l
Oc t. 28. 2009 1: 34AM H tq,NS No. 1293 P. 2
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CONTRACTOR'S PERFOR)4TANCE AND PAYMENT BOND TO DUAL OBLIGEES
Cat's Eye Excavating Inc (C ontractor), as Principal, and
:ontractors Bonding and Insurance Company (&coding Company), as Surety, 1213 Valle Str
a corporation of as tug on whose pflnclpil o9'ice is located at y
Seattle WA 98109 . are firmly bound unto the Sate of Washiaetoa aad the City of Spokane
Valley, a political subdivision the State of Washiegmn, as Obligeos, to Eblfdl the ohlf�1 ons of the Principal and the Surety nadm the
Contract to which reArence is hereafter made, in the amount of - 81 ,2'}3.50 (inchwing
Washington State sales tax) for payment whereof Principal end Surety bind themselves, their heir, executors, administrators,
successors end assigns jointly and severalty, fm3ly by these presents.
p � WHEREAS, Principal has $y m Propossi dated 10/13/09 offered to enter into a Contract with the City of
S l 0/14%09 for Contact No. U1 JG pM=t 10 the [emus and conditions set fmtb in the Contract Documents dated
" "proposal number 09 -052
NOW, THEREFORE, the Condition of this obligation is such that if the Principal shall faithfully perform all the provisions of
the Contract on its part, and pay all la borers, mechanics, subcontractors and material supplier, and all persons who mPPIY Such Pew
or persons a subcontractors with provisions and supplies for the carrying an of such work, and indemnity and hold harmless the
Obligees from all loss, cost or damage which it may suffer by reason of iho failure to do any of the foregoing, then this obligation shall
be null and void; otherwise it shall remain in fall fmu and effect.
All persons who have flmdshed labor, materials or supplies for use In and about the work provided for in the Contract shall
have a direct rlgbbof action under this band, to the extant and In the manner set forth in RCW 39.08.
The saki Surety for value received hereby stipulates and agrees that no chmgq extension of tine, alteration or addition to the
terms of the Contract or to the WORK to be performed thereunder of the SPECIFICATIONS accompanying the as= shall in any way
affect its obligation on this BOND, and It does hereby waive notice of any such cbenge, extension of time, alteraton m addition to the
terms of the Contract or to the WORK or bo the SPECIFICATIONS.
No final settlement between the OWNER and the CONTRACTOR "I abridge the right of any banandary hereunder, whose
claim may be unsatisfied.
SEALED THIS 28th DAY OF October
nq and Insurance Companv
Kimberly S Bragg
Attorney in Fact
Title
(SEAL)
Inc
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7G5,4n4
Title
CHIC
Limited Power of Attorney
Home Office:
1213 Valley Street
PO Box 9271
Seattle, WA 96109 -0271
(20 6) 628 -7200
KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the Now of the State of Washington, and having its
principal office in Seattle, King County, Washington, does by than presents make, constitute and appoint KIMBERLY S. BRAGG, of Spokane, Washington, its true and laAl Attorney -in -Fact, with NII power and
authority, hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company any and all bonds and undertakings of suretyship given fa any purpose, provided, however,
that no Atlomey -in -Fact shall be authorized 0 execute and deliver any bond or undertaking that shall obligate me Company for any portion of the penal sum thereof in excess of $6,000,ODO, and provided, fuller,
that no Adomey -in -Fact shall have the authority to issue a bid or proposal bond for any preyed where, if a contract is avrarded, any bond or undertaking vmuld be required with a penal sum in excess of $6,000,000;
and to bind the Company thereby As fully and to the same extent as if such bonds were signed by the President sealed *in the corporate seal of the Company and duly atk:sted by its Secretary; hereby ratifying
and confirming all that the said Awnney -in -Fact may do in the premises. Said appointment is made under and by authority of the tollovnng resolutions adopted by the Board of Directors of the CONTRACTORS
BONDING AND INSURANCE COMPANY on September 19, 2005:
RESOLVED that the President of the Company is authorized to appoint any person n the Companys true and lawful Adomey -m -Fact with pover and authority to execute and deliver on
behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject 0 such limits as shall be determined by the President of the Company; provided,
honever, that no such person shall be authorized to execute and deliver any bond or undertaking that shag obligate the Company for any potion of the penal sum thereof in excess of
$IO.DDD,000, and provided, further, that no Atlarrey -in-Fact shag have the aumoi y to issue a bid a proposal bond for any poled where, B a contract is invaded, any bond o undertaking
vmuld be required with penal sum in excess of S10,1300, 000. Any AtIomey -in -Fact authoized m axecule a surety bond or undertaking may also be authoized b execute any coastal or other
documentation incidental In said bond or undertaking, Provided such document does not obligate the Company in excess of the limit set brfh above.
RESOLVED FURTHER that the authority of the Secretary of the Company b certify the authenticity and eflecgveness of the foregoing resolution in any Limiled Power of Attorney is hereby
delegated to the logowing persons, the signature of any of the [clothing to bind the Company with respect to the authenticity and efectieness of the foregoing resolulions as it signed by the
Secretary of the Company. Larry A. Byers, Michael D. Bums, Debbie Kidd, Ann Jens, Nancy M. Young, Marti A. Houts, Rose A. Thostenson, Hans Rauh, Mark S. Hewi1L Theresa Smith,
Tom Dyment Pat Gurney, Deanna Wersch, JoAnn Johnson, Debi Lewis, James L. Neschke, Cheryl Neschke, Michael K. Neschke. Provided, however, that no such person shag have the
authority to Partly me authendciy of a resolution or Limited Power of Attorney documenlwhich serves to appoint themself as Atomey- in-Fact
RESOLVED FURTHER that the signatures Inducing cerfifcafion that the Power of Attorney is still in face and effect) of the President Notary Public and person certifying authenticity and
effectiveness, and the corporate and Notary seas appearing on any Limited Power of Acomey containing this and the foregoing resolutions as well as the Luni ed Power of Attorney itself and
its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects. '
RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Abomey -in -Fad for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby
superseded
IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 28" day of June, 2007.
CONTRACTORS BONDING AND INSURANCE COMPANY - � O� VV ! ^D +. Wi
If
By.
Don Sirkin, President �\ r i j
STATE OF WASHINGTON— COUNTY OF KING
On the 28" day of June, 2DO7, personalty appeared DON SIRKIN, to me known to he the President of the corporation that executed the foregoing Limited Poser of Attorney and acknowledged said Limited Power
of Atlamey to be the free and voluntary ad and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized b execute the said Limited Power of Atmmey.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year first above minor.
ly
O
s Syp
Notary Public in and far the State of Washington, residing at Seattle �s40At yrw yy
The undersigned, acmg under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as a in get of Catifeato of the Secretary of CONTRACTORS
BONDING AND INSURANCE PANY, that the above and foregoing is a Nil, true and correct copy of the Original Poser of Attorney issued by said Company, and does hereby father ratty that the said Power
of Atlomey is still in lace j eff GWENundermy hand at `� this �C� day of ? r
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II the cerlifcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
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If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may
require an endorsement. A statement on this certificate tices not confer rights to the certificate
holder in lieu of such endorsement(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 0
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2007r0e)
Printed by AMY on October 20. 2000 at 10:02AM