Loading...
24-155.00RAVEFoundationBalfourParkMiniPitch Contract No. 24-155 DONATION AGREEMENT RAVE Foundation THIS DONATION AGREEMENT(the"Agreement")is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and RAVE Foundation, a 501(c)(3) nonprofit organization("RAVE"),jointly referred to as the"Parties". RECITALS WHEREAS, on May 9, 2023, City Council passed a motion to approve a change order to the Balfour Park project which included adding a 50 ft. by 100 ft. asphalt slab to create a future sports court surface. WHEREAS, RAVE approached and formally indicated its intent to partner with the City to bring a RAVE soccer mini pitch to Balfour Park in 2024 in a letter of intent dated July 11,2023; and WHEREAS,RAVE wishes to donate at no cost to the City,the installation of a mini pitch at Balfour Park, reimburse the City for cost of installation of goals and fencing, provide the City with soccer balls, nets and other start-up equipment,and develop a partnership to assist in future recreation programming for the community; and WHEREAS,on July 25,2023,City Council was presented with information about RAVE's mission and vision, which in part is "to use soccer as a vehicle to foster wellness, inspire learning, and strengthen connections to community[;]" and WHEREAS,on July 25,2023,City Council provided consensus to formalize a donation agreement between the City and RAVE for the installation of the mini pitch;and NOW THEREFORE, IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Donation. RAVE shall donate all work and labor,supervision,tools,materials,supplies,and equipment and other items or funds necessary for the installation of the RAVE mini pitch at Balfour Park in accordance with the Scope of Work outlined in Exhibit A (the "Work")and in accordance with this Agreement. This donation includes installation of long-lasting hard-court surfacing, painting of lines and logos thereon, nets and soccer balls, programming for the community, and reimbursement to the City for the installation of soccer goals and fencing at the designated asphalt pad in Balfour Park. By this Agreement,the City accepts such donation,and upon completion of the Work,the City shall own all of the donated property, and have the sole discretion over all matters related to all donated property, including but not limited to the use, maintenance, and upkeep of such property. Nothing herein shall prevent the parties from cooperating or collaborating on future programming or otherwise related to said property. City Senior Engineer, Glenn Ritter, and City Parks &Recreation Director, John Bottelli, shall administer this Agreement and be the primary contact for RAVE. All Work shall be performed in conformance with the all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be adopted or amended. 2.Time for Performance. RAVE shall coordinate with the City in determining a commencement date and projected end date for the Work and shall not begin any Work until approved by the City. All Work shall Donation Agreement—RAVE Foundation Page 1 of 10 be completed by December 31, 2024, except for the development of ongoing partnerships for future recreation programming. The City reserves the right to terminate this Agreement at any time, with or without cause by giving 10 calendar days' notice to RAVE in writing. 3. Reimbursement. Within 30 days of receiving and approving an invoice,RAVE shall reimburse the City for all agreed upon expenses as delineated in Exhibit A as City reimbursable expenses. 4. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO RAVE: Name: Marci Patterson,City Clerk Name: Ashley Fosberg,Executive Director Phone: (509) 720-5000 Phone: 206 234 3792 Address: 10210 East Sprague Avenue Address: 1901 Oakesdale Ave SW#210,Renton, WA 98057 Spokane Valley, WA 99206 5. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal,state, and local laws, codes,and regulations. 6. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement,RAVE certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement 7. Prevailing Wages on Public Works. This is a donation by RAVE,made at no cost to the City. RAVE Foundation has secured funds, donations and grants to pay for the installation of the mini pitch at Balfour Park. This project is not a public work pursuant to and in compliance with RCW 35.21.278 and WAC 296- Donation Agreement—RAVE Foundation Page 2 of 10 127-010(7). However,if a claim is made and it is determined that prevailing wages should be due to RAVE subcontractors-RAVE and its subcontractors will be responsible for the payment and defense of prevailing wage claims and not the City. Further, as the City makes no payments to RAVE in exchange for this donation, the value of the donation is at least equal to two times that of the payment to the contracting association in compliance with RCW 35.21.278(1). RAVE,any subcontractor,or other person doing work under this Agreement for which wages or salary are paid, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage,as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown,RAVE shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. RAVE shall provide a copy of any such determinations to City. If applicable,before commencing,during,and upon completion of the work,RAVE shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I, are located at the L&I website address: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project 8. Relationship of the Parties. It is understood and agreed that RAVE shall be an independent contractor and not the agent or employee of City,that City is interested only in 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 RAVE. Any and all employees of RAVE who provide services to City under this Agreement shall be deemed employees solely of RAVE. RAVE shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Logos. Pursuant to chapters 1.06, 6.05 SVMC, Resolution 18-009, and Policy No. 500.110, the City agrees to allow RAVE to embed the City logo,RAVE's logo and RAVE's sponsors' logos after review and approval in the surface of the mini pitch. Any approval of the use of the City logo, and the display of RAVE's and its sponsors' logos includes the following conditions: RAVE shall make it clear in any communication acknowledging sponsors of the mini pitch project that the City's approval does not imply endorsement of any products,services,or activities of RAVE or RAVE's sponsors. RAVE expressly states that the City is not obligated to fulfill any sponsorship agreements RAVE may have with third parties. In addition to any other indemnification provisions in this Agreement, RAVE 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 aforementioned logos including but not limited to removing,covering,replacing,or otherwise defacing the logos embedded Donation Agreement—RAVE Foundation Page 3 of 10 in the surface of the mini pitch. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Use. The City shall allow the mini pitch to be open for free play during Park hours and shall not charge a fee for use or designate this space as rentable under any circumstances. The City shall have first priority to use,host,or allow City-partners to use the mini pitch for one-time events benefitting the community. The mini pitch is intended for soccer only and will not be intentionally lined or used for other sports.Without limiting the foregoing,the City may permit other uses of the mini pitch consistent with the City's use procedures including use by RAVE for opening ceremonies and any additional media, marketing, or RAVE opportunities that benefit the surrounding community. 11. Ownership of Documents. All drawings,plans, specifications, and other related documents prepared by RAVE under this Agreement are and shall be the property of City and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. RAVE shall indemnify, defend, and hold harmless the City for all costs,including attorneys'fees,attendant to any claim or litigation related to a Public Records Act request for which RAVE has responsive records and for which RAVE has withheld records or information contained therein, or not provided them to the City in a timely manner.RAVE shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 12.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 RAVE's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise herein,RAVE warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, RAVE shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to RAVE's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. As applicable, any contractor or subcontractor doing work shall be duly licensed,registered, and bonded by the State of Washington at all times this Agreement is in effect, and shall provide a performance and payment bond if required. 15. Insurance. RAVE shall require any contractor or subcontractor doing Work to procure and maintain insurance,as required in this Section, without interruption from commencement of work through the term of the Contract and for 30 days after the physical completion date,unless otherwise indicated herein. RAVE shall require that the City be named as a third-party beneficiary of the liability insurance provisions of such agreement with a contractor or subcontractor and that the insurance requirements herein are incorporated into such agreement. A. Minimum Scope of Insurance. A contractor or subcontractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA Donation Agreement—RAVE Foundation Page 4 of 10 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the contractor's and any subcontractor'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 at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. A contractor and any subcontractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $=1,000,000 each occurrence,$2,000,000 general aggregate, and no less than a$2,000,000 products-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. Any contractor or subcontractor insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of the contractor's or subcontractor's insurance and shall not contribute with it. 2. Any contractor or subcontractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by the contractor or subcontractor. 3. If a contractor or subcontractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by such entity, irrespective of whether such limits maintained by a contractor or subcontractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the contractor or subcontractor. 4. Failure on the part of RAVE to require any contractor or subcontractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to RAVE to correct the breach, Donation Agreement—RAVE Foundation Page 5 of 10 immediately terminate the Agreement,or pursue any other remedy allowed by law. D.No Limitation. A contractor or subcontractor's maintenance of insurance,its scope of coverage, and limits as required herein shall not be construed to limit the liability of the RAVE or the contractor or subcontractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, RAVE shall furnish acceptable insurance certificates to City at the time RAVE returns the signed Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall 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 City. RAVE shall be fmancially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. 16. Indemnification and Hold Harmless. RAVE 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. However, 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 RAVE and the City, its officers, officials, employees, and volunteers, the RAVE's liability hereunder shall be only to the extent of the RAVE's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the RAVE'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 this Agreement. 17.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. 18. 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. 19. Confidentiality. RAVE may, from time-to-time, receive information which is deemed by City to be confidential. RAVE shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 20. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State Donation Agreement—RAVE Foundation Page 6 of 10 of Washington for Spokane County, unless otherwise required by applicable federal or state law. 21. Costs and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration(including expert witness fees). 22. Subcontractor Responsibility. As applicable,and as required by RCW 39.06.020,RAVE shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 24.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation,substitution, submission or other event of negotiation,drafting or execution. 25. Anti-kickback. No officer or employee of 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. 26. Business Registration. Prior to commencement of Work under this Agreement, RAVE shall register with the City as a business if it has not already done so. 27. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the RAVE,for itself,its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. RAVE shall comply with the federal laws set forth in subsection G,below("Pertinent Non-Discrimination Authorities")relative to non-discrimination in federally- assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. RAVE, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. RAVE shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by RAVE for work to be performed under a subcontract, including procurements of materials, or leases of equipment,each potential subcontractor or supplier shall be notified by RAVE of RAVE's obligations under this Donation Agreement—RAVE Foundation Page 7 of 10 Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. RAVE shall provide all information and reports required by the Acts, the regulations,and directives issued pursuant thereto,and shall permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of RAVE is in the exclusive possession of another who fails or refuses to furnish the information,RAVE shall so certify to the City or the WSDOT,as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a RAVE's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: 1. Withholding payments to RAVE under the Agreement until RAVE complies;and/or 2. Cancelling, terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. RAVE shall include the provisions of Section 27 of this Agreement in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts,regulations and directives issued pursuant thereto. RAVE shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if RAVE becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, RAVE may request that the City enter into any litigation to protect the interests of the City. In addition, RAVE may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the RAVE agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat. 252), (prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Donation Agreement—RAVE Foundation Page 8 of 10 Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,(prohibits discrimination based on race, creed,color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and RAVEs, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities (42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin,and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 28. Severability. If any section,sentence, clause,or phrase of this 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. 28. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Insurance Endorsements The Parties have executed this Agreement this 30 day of August 2024 CITY OF SPOKANE VALLEY: RAVE: Jo n Hohman, City Manager By: Its: Authorized Representative Donation Agreement—RAVE Foundation Page 9 of 10 APPROVED AS TO FORM: �lZ e ity Attorney Donation Agreement—RAVE Foundation Page 10 of 10 Exhibit-A Scope of Work The City has installed a 50x100'asphalt pad in Balfour Park to be utilized for the soccer mini pitch donation from the Rave foundation. The Rave Foundation donation includes: • Long-lasting hard-court surfacing • Painting of lines and logos (approved by the City) • Soccer goals • Fencing • Free Programming and partnership for the long term Rave will: • Purchase and deliver soccer goals (see attached product info) • Reimburse the City for installation of soccer goals and court fencing (see attached plan and cost estimate) • Submit sponsor logos for approval by the City(see attached layout) • Install the court-surfacing and painted lines and logos • Provide an initial donation of soccer nets • Provide free soccer balls and programming curriculum • Participate in a community celebration to dedicate the new field The City will: • Receive and store the soccer goals prior to installation • Provide a site plan and cost estimate for installation of soccer goals and fencing for approval by Rave • Coordinate installation of soccer goals and fencing by City's contractor • Coordinate with Rave's contractor to schedule and accommodate installation of court surfacing • Provide approval for sponsor logos • Coordinate and participate in a community celebration to dedicate the new field Donation Agreement—Rave Foundation Contract No 24-155 Exhibit -A FRONT VIEW SIDE VIEW L,;.4 GOAL DEPTH T 'iilliiiiiulluiit--'E ••• •• ••••• 11 CRUNDER OSSBA ............. 1W -- GROUND) . FEATURE. 1)ALUMINUM GOAL FRAME 2)FINISH GOAL FRAME•WHITE POWDER COAT BACK BOTTOM BAR-MILL FINISH 3)INCLUDED SEMIPERMANENT GROUND ANCHORS(4) SADDLE ANCHOR BAGS(4) 4 met,WHITE NET K1MK LOCK®NET RD PROTE VE FLOORIPS PADS(4) C a PR'QIECION ,4OKWII KGOAC 1 QUahe 18 4)ASSEMBLED WEIGHTDIMEN ONS ARE N NCHES A rovede GOAL 66 LBS. UNLESS OTHERW SE SPECIFIED Date y Part tl e: 2P201 5)EXCEEDS This item is the exclusive Drawn By brush USFF SPECIFICATIONS property of KWIK GOAL LTD. Date:8/3/2004 Denc Reproduction or duplication Sheet: 1 M 4 with ut the expresswritten OFFICIAL FUTSAL GOAL consent of KW1K GOAL LTD. Rawson A:4 is stricdyferbiddert. Cad Fi.6:2P201.idw ©200r xwt0uai Ltd _•ew• Donation Agreement—Rave Foundation Contract No 24-155 Exhibit -A OVERHEAD VIEW 145 1/8 in - 24 in TYP I 331/8n 10 in - i ""( / c,GOAL LI NE` 609/16m 609/16m 121 1/6 in FIELD \ NOTES; 1 , Sl1RFACE` 1 1)DIMENSIONS ARE FOR PLANNING PURPOSES INSTALLATION WITH 12 I314 In 30 MUST BE IN ACCORDANCE INSTALLATION INSTRUCTIONS. ICONCRETE CONCRETE., APPROX 2)CUSTOMER SUPPLIED MATERIALS FOR GOAL INSTALLATION 20 in 0 6 cubic yard-CONCRETE 0 3 cubic yard-CLEAN STONE(1/4"-3/4") A SON�,x Lt, X ABOVE AMOVNrS ARE PER 00A4 INSTALLATIONGROUND Y TROT .KWlKGOAL 1 Pa 8951 ANOLE ,4 Ouakertowrl, ve —24 in MINIMUM PNolEcrgn FOOTING DETAIL DIMENSIONS ARE IN INCHES UNLESS OTHERWISE SPECIFIED Part Part# Date 2P201 (2 ES) This Item is the exclusive Dawn By Gush property or KIMK GOAL LTD. Date:8/32034 peso' Reproduchon or duplication Sheet. 2 W 4 without the express written OFFICIAL FUTSAL GOAL consent of KWIK GOAL LTD. Revision A.4 is sukUY Mtbidden Cad File:2P201.idw ©ma vv.Goal Lw K.wva Donation Agreement—Rave Foundation Contract No 24-155 Exhibit-A NET 4mm BRAIDED KNOTLESS FiTPP CROSSBAR MATERIAL DETAILS 120MM MESH WITH NET CHANNEL WHITE4,.....,..„..., POWDER COATED WHRE 3 15 in .. ► •, 115 n 0.115 in WALL FRONT POST&CROSSBAR � -X MATERIAL•ALUMINUM _ \% 'Le 1.6751n r ,, �v- , 1.e+s n RIGHT POST �` . �� WITH NETCHANNEL POWDER COATEDWWTE 0125 in waT BACK BOTTOM BAR I MATERIAL•ALUMINUM RIGHT FLOOR SHOE 0 WITH NET CHANNEL POWDER COATED WHITE I--3.15 in BACK BOTTOM BAR MILL FIMSH 0.75m -..I 0 115 in wenI LEFT POST FLOOR SHOE WITH NET CHANNEL MATERIAL-ALUMINUM LEFT FLOOR SHOE POWDER COATED WHITE WITH NET CHANNEL POWDER COATED WHITE OD o µ'°°E f!KWIKGOAL 1 Pa1rt8951. vaaEcrlDR DIMENSIONS ARE IN INCHES AlpnSved By. Farts" i UNLESS OTHERWISE SPECIFIED re: 2P201 This item Is the exclusive Drawn By brush property of KWIK GOAL LTD. Wfe:8!12004 flea' Reproduction or duplication Shee(. 3 of 4 Without the express written OFFICIAL FUTSAL GOAL consent of KWIX GOAL LTD. Revision is 4 is TUKDYPorbidden. Cad Fla 2P201 idw ©:DUI KrlkGel LW rt.s.va Donation Agreement—Rave Foundation Contract No 24-155 Exhibit -A Parts List Part ON Description U7_212 4 GROUND ANCHOR ASSEMBLY UZ813 I 2P201 FUTSAL CROSSBAR COUZ828 I LEFT ARM.2P201 FUTSAL GOAL UZ830 1 RIGHT ARM.2P201 FUTSAL GOAL i.\ UZ831 1 BACK BOTTOM BAR,2P201 1081605 4 SADDLE ANCHOR BAG 305001 I NET.4MM.WHITE 1.1 4:20 0 CD untz I aTHIRD ' � PRocnoNA KWIKGOAC DIMENSIONS ARE IN INCHES Approved By Part S- UNLESS OTHERWISE SPECIFIED DSt 2P201 This hem Is the exclusive Drawn By brush property of KWIK GOAL LT0. Date 802004 Desc: Reproduction or duplication Sheet: 4 d 4 without the express widen OFFICIAL FUTSAL GOAL consent of KWIK GOAL LTD. Revision It 4 is svlUEY fatiddO E Cad File:2P201.idw 020011WU Goal LW. •,,• Donation Agreement—Rave Foundation Contract No 24-155 Exhibit -A .1101 mato sa...._.,........„......,...- *-...rit. ..,. --... , IllExpLFOU...re PAW ^ .,..-..„. :. .... -.. \-,--_-..,' ! 1 '1,7.,--':.' I----.'''''.•'''' - I -:v.ira' . SP,Willer.,_. ...... —._ „......... •...••am.....• 1.*N I ........ COWORRISO SET I ., ,,,\'- .7............: ':..... ti="='''.''' r'-"" --.-.7.,.!'.-•-•-:-.- :.-;;;;:.---..::::. ....„ 1 . - 1..--1 '715'7'7' - 11'' '''''''''''' '' /ii '".. --r.r1:- • 7.7::.....:,,,,•,:-_-=.: ..... i .,1!.._, : : iN . ......... ........ 0 11:"?.011.40.14,L.La.011.11140,...EIAILa ....... +el,row. , . ... ......... [ . 4.1.111WO 1-..-.. — 4,--.zl•,PilifirioAral,' v..,,,..--- ....-..,a-• r ...1 1111.147011ATOM SF?"''.--7 i;.7- h•—— aq k,7:- -• -- EX-MP Donation Agreement—Rave Foundation Contract No 24-155 Exhibit-A Spokane V Zley CHANGE ORDER NO: 5 ENGINEERING DIVISION CONSTRUCTION CONTRACT NO: 23-038.05 PROJECT: Balfour Park Expansion CONTRACT DATE: 2/7/2023 PRIME CONTRACTOR: Cameron Reilly,LLC CIP NO: 316 DESCRIPTION OF CHANGES Additional work for soccer mini pitch fencing/goal installation reimbursed/provided by RAVE Foundation. Item No. Description Unit Quantity Unit Price Total ONSITE-SCHEDULE A CO#5.1 RAVE Foundation fencing and goal post installation 1 LS $ 16,005.36 $ 16,005.36 Subtotal $ 16,005.36 8.9%Sales Tax $ 1,424.48 Subtotal Schedule A $ 17,429.84 Total Amount of this Change Order(incl.Tax): $ 17,429.84 VERBAL APPROVAL AND JUSTIFICATION Independent Justification on File Yes Verbal Approval Yes Verbal Approval by Glenn Ritter PHYSICAL COMPLETION Original Contract Working Days: 121 Revision By This Change Order: 0 Revisions by Prior Change Orders: 59 Total Revised Contract Working Days: 180 CONTRACT AMOUNT THESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF TOTAL CONTRACT AMOUNT: ORIGINAL TOTAL CONTRACT AMOUNT $ 3,810,723.87 TOTAL PRIOR CONTRACT CHANGE ORDER AMOUNT(through c01$4) $ 228,684.29 TOTAL CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 4,039,408.16 NET THIS CHANGE ORDER $ 17,429.84 TOTAL CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 4,056,838.00 CONTRACTOR ACCEPTANCE: / DATE: 7/ /'may The contractor hereby accepts this adjustor nt undert a terms of Section 1-04.4 of the original contract.? RECOMMENDED BY: DATE: 7/8/24 Pr j t MM ger APPROVED BY: //✓� .._, 1i DATE: U7 <q ,Z�'/ I�(� / PW Dilector APPROVED BY: J/ // DATE: 7--'/•-zy City Manager ATTACHMENTS: Change Order Description and Exhibits Distribution: ORIGINAL TO: City of Spokane Valley Clerk's Office COPIES TO: Contractor,PW Project File,Project Inspector,Finance Department Donation Agreement—Rave Foundation Contract No 24-155 Exhibit-A ol�a Sp �nTe Change Order No:5 Construction Contract No:23-038.05 THE CONTRACT IS MODIFIED AS FOLLOWS: WORK TO INCLUDE Background: This change order pays for extra work that was added on behalf of the RAVE Foundation to complete their soccer mini pitch.The work includes installation of permanent site fencing and two goals provided by RAVE. Description of Change: This change order pays for the following added work: • Installation of 4'tall and 6'tall black chain link fencing around some of the soccer mini pitch • Installation of two soccer goals provided by the RAVE foundation • Restoration of site landscaping as disturbed by the above construction and access Specification: See attached plan for fencing and goal installation. Plans: See attached plan for fencing and goal installation. Time: As this work will be completed after substantial completion has been granted,no additional time is needed. Measurement: No specific measurements for the new lump sum item. Payment: Payment for new item#5.1"RAVE Foundation fencing and goal post installation." The lump sum Contract price for item#5.1 shall be full pay for labor,materials and equipment as listed in this change order. • Donation Agreement—Rave Foundation Contract No 24-155 Exhibit-A Idaho Fence 2430 W Seltice Way Phone:(208)687-2296 Post Falls,ID.83854 Fax:(208)687-2196 Date: 6/10/2024 Company: CR Concrete Attn: Cody Ogrin RE: Balfour Park Addenda: We propose to bid the following ttems: Item# Unit Quantity Unit Price Total 1 Install approximately 102'of 6'and 48'of 4' LS 1.00 $7,680.00 $/,680.00 black chain link with top and bottom rail $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 **CR Concrete to saw cut asphalt** $0.00 $0.00 $0.00 Total $7,680.00 (Excludes WA.Tax) ATTENTION:REGARDLESS WIIAT IS SHOWN ON THE PLANS,IF THE NEW FENCE LAYOUT CONFLICTS WITH ANY UTILITIES,AN APPROVED CIIANGE ORDER WILL BE REQUIRED PRIOR TO CONTINUED WORK IN THE AFFECTED AREA. "Gate Automation Excludes:Power Supply To Motor,Conduit,Raceways,Stub Ups,Grounding. Card Readers,Access Control. Standard Exclusions: Bond,Staking,Grading,Clearing,Grubbing,Spoils Removal,Coring,Concrete Flatwork,Electrical,Traffic Control,Silt Fence,Temp Fence,Access Controls,Locks,Signage,Grounding,Power Supply To Gate Operators,Demolition,Permits,Engineering,Deferred Submittals,SWPPP,(Unless otherwise noted above). Price based on unrestricted access to work area for all installers,materials,trucks,and equipment.If access is restricted additional charges will apply. If you have any questions,feel free to call me anytime(208)687-2296 Richard Heitz Commercial Estimator richard@aidahofence.com OR John Hayden at(208)661-3763-john@idahofence.com WA LIC C IDAHO5C895K,IDAHO LIC#RCE22731,OR LIC#245124,PUBLIC WORKS LIC#0010040.B,UBI#602897333,E I S#84-1379547 Donation Agreement—Rave Foundation Contract No 24-155 Exhibit -A Spokane ne R RAVE FOUNDATION. 19 74 wU SRI A. D E L T A si Donation Agreement—Rave Foundation Contract No 24-155 ACO OR ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �..� 08/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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 endorsement(s). PRODUCER CONTACT Niehl Insurance Agency PHONE FAX (425)644-1600 375 118th Ave Se#103 (A/c Nn Fxt)• (Arc,Nop(425)644 2152 E-MAIL info(a,niehlinsurance.com Bellevue WA 98005 AnnRFss- -- - INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Austin Mutual Ins Co 13412 INSURED INSURER B Mid Pac Construction INSURERC: 10610 NE 46th St INSURER D: Kirkland WA 98033- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR sn wvn POLICY NUMBER IMM/DD/YYYYI (MMIDD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY MPJ6955L 11/01/202311/01/2024 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED SOO,000 PREMISES(Fa occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY pi LOC PRODUCTS-COMP/OP AGG $ 4,000,000 JEC OTHER: $ A AUTOMOBILE LIABILITY B 1 J6955L 11/01/202311/01/2024 (FOaMBcsl deof)INGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILYINJURY(Peraccident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY - AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION MPJ6955L 11/01/202311/01/2024 X STATIITF X OTRH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/" WA STOP GAP E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A INSTALLATION FLOATER MPJ6955L 11/01/202311/01/2024LIMIT 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: BALFOUR PARK CITY OF SPOKANE VALLEY AND RAVE FOUNDATION ARE INCLUDED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT PER BP0451 AND BPM3142. INSURANCE IS PRIMARY AND NON-CONTRIBUTORY.WAIVER OF SUBROGATION PER BP0497. CERTIFICATE HOLDER CANCELLATION Al 124698 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E SPRAGUE AVE SPOKANE VALLEY WA 99206- AUTHORIZED REPRESENTATIVE % I I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP04510106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who Is An A person's or organization's status as an Insured in Section II—Liability: insured under this endorsement ends when 3. Any person(s) or organization(s) for whom you your operations for that insured are completed are performing operations is also an additional or the contractor's agreement is terminated. insured, if you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be included as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. BP 04 51 01 06 © ISO Properties, Inc. 2004 Page 1 of 1 0 P � 9 INSURED COPY POLICY NUMBER: BUSINESSOWNERS BPM 3142 0215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following is added to Paragraph C. Who Is B. With respect to the insurance afforded to such An Insured in Section II—Liability: additional insureds, the following is added to 3. Any person(s) or organization(s) for whom Section III—Limits Of Insurance: you are performing operations is also an If coverage provided to an additional insured is additional insured, if you and such person(s) required by a contract or agreement, the most we or organization(s) have agreed in writing in a will pay on behalf of the additional insured is the contract or agreement that such person(s) or amount of insurance: organization(s) be included as an additional 1. Required by the contract or agreement; or insured on your policy. Such person(s) or organization(s) is an additional insured only 2. Available under the applicable Limits of with respect to liability for "bodily injury', Insurance shown in the Declarations; "property damage" or "personal and whichever is less. advertising injury" caused, in whole or in part, This endorsement shall not increase the applicable by: Limits of Insurance shown in the Declarations a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of "your work" for the additional insured and included in the "products-completed operations hazard". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BPM 3142 0215 Contains copyrighted material of Page 1 of 1 0 Insurance Services Office Inc.©, with permission. INSURED COPY POLICY NUMBER: MPJ6955L BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: As required by written contract or written agreement provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 0 INSURED COPY