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24-160.00IdahoFenceWestLawnFenceRepair
Contract No.24-160.00 CONSTRUCTION AGREEMENT Idaho Fence THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and Idaho Fence, ("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies,and equipment and other items necessary for the construction and completion of West Lawn fence repair (the "Work") in accordance with the Scope of Work outlined in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall,for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from 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 City, all work shall be performed in conformance with the Contract Documents, and 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. Contractor shall commence the Work upon execution and shall complete the Work by December 31,2024,as may be extended in accordance with this Agreement. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents)which shall be in the amount of$100.00 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$4,506.87,plus Washington State Sales Tax of$401.11 (if applicable), for a total of$4907.98, based on the bid submitted by Contractor(Exhibit A), and as may be adjusted in accordance with the Contract Documents. Construction Agreement Page 1 of 9 5. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards,City Code,state standards,or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson,City Clerk Name: Idaho Fence Phone: (509)720-5000 Phone: (208)687-2296 Address: 10210 East Sprague Avenue Address: 2430 W Seltice Way Spokane Valley,WA 99206 Post Falls,ID 83854 7. 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. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor 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. 9.Prevailing Wages on Public Works. Contractor,any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee Construction Agreement Page 2 of 9 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, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor 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/prevail ing-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. 10. Relationship of the Parties. It is understood and agreed that Contractor 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 Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans,specifications, and other related documents prepared by Contractor 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. 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 Contractor'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 in the Contract Documents, Contractor 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, Contractor 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 Contractor's other obligations under this Agreement. Construction Agreement Page 3 of 9 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date,unless otherwise indicated herein. A.Minimum Scope of Insurance. 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 at least as broad as Insurance Services Office(ISO)form CA 00 01. 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 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. Contractor 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 $2,000,000 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. Contractor's 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 Contractor's insurance and shall not contribute with it. Construction Agreement Page 4 of 9 2.Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor 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 Contractor, irrespective of whether such limits maintained by Contractor 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 Contractor. 4.Failure on the part of Contractor 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 Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.No Limitation. The Contractor's maintenance of insurance,its scope of coverage,and limits as required herein 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. 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, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. 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. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Construction Agreement Page 5 of 9 17. Indemnification and Hold Harmless. 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. 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 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 this Agreement. 18.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. 19. 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. 20. Confidentiality. Contractor may, from time-to-time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. 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 of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. 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). 23. Subcontractor Responsibility.As required by RCW 39.06.020, Contractor 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. 24.Jurisdiction and Venue.This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. Construction Agreement Page 6 of 9 25.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. The attached Exhibit A, Scope of Work/Cost Statement contains additional "Contract Terms" on page 2 of said Exhibit. Should any conflict between this Construction Agreement and the "Contract Terms" on page 2 of Exhibit A arise, the terms in this Construction Agreement shall prevail. Specifically,the Parties agree that paragraphs 6,7,and 13 on page 2 of Exhibit A,shall not apply to this Agreement. Further,the City shall not be responsible for any deposit prior to the beginning of work, and there shall be no administrative fee charged to the City for subsequent amendments to this Agreement after execution. 26.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. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Contractor 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. Contractor,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. Contractor 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 Contractor 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 Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Contractor 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 Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. Construction Agreement Page 7 of 9 E. Sanctions for Noncompliance. In the event of a Contractor'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 Contractor under the Agreement until Contractor complies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of Section 28 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.Contractor 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor 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 Contractor 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); 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 contractors, whether such programs or activities are Federally funded or not); Construction Agreement Page 8 of 9 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.). 29. 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. 30. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work/Cost Statement B. Insurance Endorsements The Parties have executed this Agreement this /0 r" day of DeceM ber ,20 CITY OF SPOKANE VALLEY: Contractor: "(-- lirL J Hohman, City Manager y: John Ha en Its: Authorized Representative APPR VED AS FORM: ffice he City orney Construction Agreement Page 9 of 9 2430 W. Seltice Way • Post Falls, Idaho 83854 Exhibit A. Scope e of Work/Cost Statement 08.687.2296 Mailing: PO Box 275 • Post Falls, Idaho 83877 Fax: 208.687.2196 t-1 J. l 1 I._ Fes' 3: I akitcrFelkit E Option(s) i 2 3 II)Reg. Number:RCE-27731 WLITKE. L,LC d/b/a TAX CODE a13 . Customer Nome� � ENTELPIC PRICE 45040• I .._... „ Address TAX L} 1 2Q F Qrscayy Ry fz — city/State/lip 1`l 0 .i.� 3 I s A NG VA�'G , vVA _.` 1,J0L. Installation Address DEP44 2 l+ None Project BALANCE twine Phone Wort Phone Contact Name A MAu KoT«t I Celi Phut F as E maI' .� 1a0 51ak af' tiars' c4M+EvAiLayW4.9cV I acme tt and Dale s EstIm;lte Dale 1 Estimator TYPE TYPE DIRT 4„ 0 SPREAD , __._._ __..........STYLE STYLI- 0 PILE ON SITE IV L..i) ?S575. o tO e tA'+ l 3,OprL,.- ❑ HAUL'C AWAY � 0 EI i 5Y1 VABRIC GAUGE. . l b e GRADE. 0 STRAIGHT TOP TERP4IN I S PICKET SIZE Of...EnE.Lo>w GRADE 2' 4- LINE PUS I S E S.C PROPERTY PINS 2)4 a VISIBLE? GATE POSTS LINE POSTS 0 YES GANO TOP RAI1 GATE POSSTS — GATES-SWING .., . -� ❑ IN ❑ OUT t SPACING RAIL ) HOMEOWNERS MEET CREW) LENGTH SPACING a YES 0 NO CAL HEIGHT LENGTH REMOVAL: , �,' YES 0 NO I...._..;.ZF EIEIC,IIT E. 0 CUSTOMER SrT Si 42 TYPE OE MATERIAL. 1V.AI.K GATES SET SIZE. 9.,A04 pR�►tiIvGLJf a L DRIVE GATES WALK GATES — FOOTAGE AMT. ii i TENSION 11IRE DRIVE GATES q + • ........._._..._—.. REMOVE POST BARBED WIRE POST CAPS I.OUNDA'I'IONS? -- 0 ALL C 'ONE. SLATS PICKET CAPS 0 SOME#— PI:rs SECURED? COt OR ate., 1211- YES ❑ NC) I:OLHPAIE:N"r nI AFW)ITIC)NAI To of S WATER 0TIII R c rave,wct.e ,l►lakik\Ca okciA I /v^o OTHER COLOR CLEARING: TYPE: I HAUL AWAY 1 POWE:Rj) ❑ YES JAN0 -1/6' .__.. -- ._.. liJ 01 I OTI IF.Ii CUSTOMER ACCEPTS THE ABOVE DRAWING AS ACCURATE INT IDAHO FENCE IS NOT RESPONSIBLE FOR DAMAGE OR REPAIR OF UNDERGROUND SPR NICLER LINES OR SPRINKLER HEADS. ItsrT I HAVE READ AND UNDERSTAND THE UNDERGROUND SPRINKLER DCCLUISIONS PI EASE RFAl)AND SIGN CUSIOMERIS RESPONSIBLE:FORPROCURL:MENT AND I5IYMENTOF All NECESSARY PERMITS AND FEES WIILRENIP!ICAIlIT PRIOR TOCOMMFNCEMINT OF WORK. CUSTOMER IS RESPONSIBLE FOR OBTAINING PERMISSION TO TIE-IN TO EXISTING FENCING IF AI'PLICAIII E. ON RIVE RSE.SIDE . Al I.FENCE TO BE INS TAU El)ABOVE GRADE. TttEN RETURN DEllU'S.DESIGNCIVANGF3AND/012 WORK STOPPAGE CAUSED BYO11/ERSTIIAT AFFECTS THE COSTS:ANDCOMPLE.T ION OF THIS CON IR.CT ARE TIII RF SPONSI l3ll me OF THE CUSTOMER.AM)IUAF10 FENCE SI IAI.1.F LAVE T HE RIGI IT TO BE REIMBURSED FOR COSTS INCURRED RESULTING TI 1E1211 ROM Thank You! IDAHO FENCE.DOES NOT WARRANT AGAINST MOST HEAVE OIL GROUND MOVEMENT. THIS lilt)VALID FOR 30 DAYS FROM ESTIMAT F.DATE. CONTRACT TERMS 1. Idaho Fence shall furnish only the materials and labor specified in this Contract. Any changes made from the specification,necessitating additional material or labor shall not be included or covered by this proposal,but shall be provided for under a written job(Change Order)signed by the Customer.Any surplus materials remaining upon the completion of the installation shall remain the property of and be returned to Idaho Fence.When materials covered by this Contract are for the replacement of,or additions to existing equipment,Idaho Fence shall in no way be responsible for the functioning of any part of the existing system on which changes are not made by Idaho Fence nor the exact matching of color,shape or size. 2. The Customer,by accepting this Idaho Fence Contract,warrants that there are no violations of any zoning,building,plumbing,electrical,or heating codes,regulations,laws,or ordinances of any duly constituted public authorities.Customer agrees to defend,hold harmless,and indemnify Idaho Fence from and against all claims,liabilities,and expenses regarding the same. Idaho Fence assumes no liability for damage or repairs to underground sprinkler lines,sprinkler heads,or any other above or below ground utilities,obstructions or obstacles. 3. The Customer by accepting this Idaho Fence Contract,either verbally or in writing,acknowledges that they shall be responsible for the payment and procurement of all necessary permits and/or fees prior to the commencement of work,where applicable.Customer also acknowledges that this estimate and Contract does not include any permits and/or fees that may be required by any agency in connection with the installation of the requested fence.Customer agrees to defend,hold harmless and indemnify Idaho Fence against any and all claims or liabilities and expenses relating to the failure of the Customer to obtain or pay any required permits or fees.In the event that Customer's failure to obtain any necessary permits and/or pay any required fees to the appropriate agency causes a delay or stoppage of work on the project,Idaho Fence shall have the right to be reimbursed for lost wages,travel time,re-mobilization costs and any other costs that may be caused by the delay. 4. The amount of this Contract does not include the furnishing of any materials or labor necessitated by the occurrence of unforeseen circumstances subsequent to the date of this proposal,or to any condition not readily discernible at the date of this proposal.Idaho Fence shall have the right in addition to any other right it may have,to cease any installation which has begun and/ or cancel this Agreement and recover the reasonable value of the material and labor furnished to the date of cancellation.The reasonable value of such labor and materials to be based on Idaho Fence's current retail prices thereof and the labor charges of any subcontractor who is performing any part of the installation.Unforeseeable circumstances or not readily discernible conditions above referred to shall include but not be limited to,(i)subsequent destruction,damage or loss of the premises or materials furnished by Idaho Fence by fire,explosion,acts of God,theft or vandalism not caused by Idaho Fence's negligence,(ii)governmental regulation or intervention. 5. Idaho Fence shall not be liable for any delays in the completion of an installation resulting from or due to labor difficulties,strikes,acts of God,fire,explosion,government regulations,or causes beyond the control of Idaho Fence. 6. This Contract,any attached specifications,sketches,and blueprints,and the credit agreement,if any,shall constitute the entire agreement between the parties,which may not be altered or modified except by written agreement duly executed by the parties.Oral understandings and agreements with an Idaho Fence representative are not binding. 7. Attorney's Fees.Jurisdiction and Venue for Disputes.In the event an action is brought by any Party under this Agreement,the same shall be venued and jurisdiction shall lie in the Idaho I st Judicial District,Kootenai County,Idaho.In the event such a suit is brought by a Party to enforce any of the terms or seeking an interpretation of this Agreement,or in any appeal therefrom, it is agreed the prevailing Party shall be entitled to his or her reasonable attorney's fees and costs from the non-prevailing Party. 8. Rock and Underground Clause:Idaho Fence reserves the right to charge extra for hand digs or other extra work necessitated by sub-surface obstructions,rock,concrete,utilities or asphalt not able to be seen above ground by estimator.If fill dirt has been used along fence line,Idaho Fence does not warrant against settling of posts due to lack of compaction.Ground must be 90%compacted or extra charges may apply.Extra labor will be charged at the standard Idaho Fence hourly rate,plus any equipment costs.Idaho Fence does not have the capability to determine ground compaction and therefore offers no guarantees or warranties pertaining to ground compaction. 9. Warranty:Idaho Fence warrants all Chain Link,Poly Vinyl Chloride(PVC)and Ornamental Iron fence installations for a,period of 5 years from date of installation to be free of defects in workmanship when installed by Idaho Fence. This warranty will be considered void if the fence is used as a retaining wall;if fence is exposed to sprinklers and/or high-water table;if excess vegetation is allowed to grow on or into fence;if fence is embedded in frozen ground.This warranty does not apply if Customer installs privacy slats in a fence that was not designed and/or approved for the installation of privacy slats or to damages caused by adverse weather conditions,negligence,vehicular damage,vandalism,or other acts of God.All materials are warranted by manufacturer.There is no warranty on wood fencing or golf netting. 10.Warranty:Idaho Fence warrants all Gate Operator installations for a period of 1 year from the date of installation to be free of defects in workmanship when installed by Idaho Fence.All parts of the operation of the gate operator including,but not limited to;electronics,keypads,etc.shall be warranted by the manufacturer.This warranty does not cover icing over of rollers, gate and/or chains.Warranty also does not apply to damage caused by adverse weather conditions,misuse,negligence,vehicular damage,vandalism,or other acts of God.All other gates with the exclusion of wood gates are warranted for 1 year.Warranties are void if it is found that the system has been adjusted,tuned or tampered with by anyone other than an Idaho Fence employee. 11.ALL WARRANTIES APPLY ONLY TO ORIGINAL PURCHASER OF INSTALLED FENCE,AND ARE NOT TRANSFERRABLE.ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY ARE HEREBY DISCLAIMED. 12.Customer hereby assumes full responsibility for the location of the line upon which said fence materials are to be installed.Idaho Fence is not responsible for the procurement of property surveys or placement of the fence regardless of the existence of property pins.Placement of the fence is per direction of The Customer and Customer agrees to defend,hold harmless and indemnify Idaho Fence from and against any and all claims,liabilities,and expenses for injury,death,or damage to persons,property damage,trespass and all other damage,loss or other liability of any kind arising from the installed location of said fence materials.In the event of a dispute regarding a property line,The Customer understands that it is considered a civil matter between the affected property owners.In the event that Idaho Fence is required to modify the line placement due to a property line dispute,The Customer agrees to be held responsible for all costs to do so. 13.Customer also agrees that in lieu of a signature below Customer's tender of an advance deposit for the work will signify that the Customer has read,understands and accepts the foregoing terms and conditions and the tender of such deposit will have the same effect and force as signature below. 14.Per Industry Standards:Idaho Fence will install the fence inside the contracted party's property line with a variance of 3"-6",depending on the concrete-set footing,needed e posts being used.ONLY,a written addendum,signed by the shared property line's home owners and attached to this contract,prior to installation,can alter installation protocol. SALES AGREEMENT There are no agreements regarding payment other than those contained below. DATE SALE PRICE DEPOSIT Payment Due Upon Completion in Full Immediately following completion of the installation detailed in this contract,I will pay to Idaho Fence the remaining unpaid balance of the agreement. Until payment of this amount is made I agree that title to and right of possession of the fence material shall remain with Idaho Fence;that I will not sell,remove or encumber this fence material;and that upon default of payment Idaho Fence,may at its option,take back the fence material,or affirm the sale and hold me liable for the full unpaid balance plus applicable late charges,(1 'A%or a minimum of$2.00 per month,which is an annual percentage rate of 18%). Additionally,if I have left a credit card number on file with Idaho Fence,I authorize Idaho Fence to charge the remaining unpaid balance of the work on said credit card. By signing this agreement,I confirm that I have read,understand and agree with the above terms and conditions. CUSTOMER SIGNATURE IMPORTANT: READ AND INITIAL Please follow these instructions to ensure a smooth experience with the installation process. Our business may run in a way that is not familiar to you. We normally have a couple hundred jobs on the board at any given time.Because we run multiple crews,the schedule literally changes on a daily basis.Your scheduled job may have to change with it. Examples for schedule changes: Weather issues,crew members illness,equipment breakdowns and customer change orders and delays.Any and all of the things have happened and will happen again at some point during the season. We apologize in advance if you experience any delays. NOW THAT YOU HAVE SIGNED YOUR CONTRACT Our office will contact you for the 50%deposit.As soon as we receive your deposit and signed contract you will be added to the list on the schedule.You will be advised of a time frame that we expect to start your project. We accept credit cards,debit cards,checks written on local banks,cashier's checks,money orders and cash. Any changes to the contract after this point will constitute a $300 administrative fee. If you CANCEL your job after we have collected your deposit,you will be charged a $300 cancelation fee,or a 2% credit card reimbursement fee,"whichever is greatest".You will be charged accordingly for any costs incurred in the preparation of your project,or Special Orders made .Int. Customer hereby assumes full responsibility for the location of the line upon which said fence materials are to be installed. Idaho Fence is not responsible for the procurement of property surveys or placement of the fence regardless of the existence of property pins .Int.Idaho Fence is not responsible for LOCATING OR REPAIRING any personal lines put in the ground by past or present homeowners. EXAMPLES: Sprinkler lines,Media lines,Septic lines or anything else .Int.. We will contact you by phone and email within a 3-5 business day time frame,to alert you that you are reaching the top of the schedule.This is the same time we will contact public utility locates on your property.Please make sure our phone number is put in your phone so you recognize our number. A lot of time is wasted playing phone tag. YOU will be required to meet with the"Crew Foreman"and go over your project.This will ensure everyone is on the same page.You can leave after that time. Our crew does not know exactly when they will return after installing the posts. That information can only be obtained from the Crew Manager. Our crews are directed to install the job exactly according to the plans.If you have questions regarding the installation,please contact our crew manager's office. .Int. You can expect that Idaho Fence will employ qualified,drug screened,hard-working crews dedicated to building you a quality fence. THANK YOU FOR YOUR BUSINESS!!! Washington State Department of uLabor&Industries.(https://Ini.wa.goov/) Contractors IDAHO FENCE COMPANY Owner or tradesperson 2430 W SELTICE WAY ...................................................................... Principals POST FALLS,ID 83854 WUTKE,ERIC DENNIS,PARTNER/MEMBER 208-687-2296 Doing business as IDAHO FENCE COMPANY WA UBI No. Business type 602 897 333 Limited Liability Company Parent company WUTKE LLC Registration Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Construction Contractor Active ......................................................................... Meets current requirements. License specialties FENCING License no. IDAHOFC895KE Effective—expiration 05/02/2011—05/02/2025 L&I Contractor Registration: 1-800-647-0982-Email:ContReg@Lni.wa.gov Bond Swiss RE Corporate Solutions America $6,000.00 Insurance Corporation Bond account no. 2139193 Received by L&I Effective date 05/02/2011 04/20/2011 Expiration date Until Canceled Insurance .............................. Hanover Insurance Company,The $1,000,000.00 Policy no. LBYJ60397100 Received by L&I Effective date 01/03/2024 01/01/2024 Expiration date 01/01/2025 Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period,but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Certifications & Endorsements OMWBE Certifications ................................................................... No active certifications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business.Washington allows the use of apprentices registered with Oregon or Montana.Contact the Oregon Bureau of Labor&Industries or Montana Department of Labor &Industry to verify if this business has apprentices. Workers' Comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is closed. 216,121-00 ......................_........ Doing business as WASHINGTON FENCE CO Estimated workers reported N/A L&I account contact T1 /SYDNEY RAVES(360)902-5592-Email:RAVS235@Ini.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training—Effective July 1,2019 Exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. No inspections during the previous 6 year period. DATE(MM/DDYYY) ACORO® /Y CERTIFICATE OF LIABILITY INSURANCE 11/27/2024 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 Lechner&Stauffer, Inc. PHONE Carol Kress FAX P.O. Box 26 (A/C,No.Ext):215-679-9568 (A/C,No): Pennsburg PA 18073 ADDRESS: kress.c@lechnerstauffer.com INSURER(S)AFFORDING COVERAGE NAIC# License#:0727475 INSURER A:Hanover Insurance Company 22292 INSURED WUTKLLC-01 INSURER B Wutke LLC dba Idaho Fence 3465 US Highway 93 N INSURER C: Kalispell MT 59901 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:780327946 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 LTR TYPE OF INSURANCE INSD SUBRN,,, POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MMIDDYYY) A X COMMERCIAL GENERAL LIABILITY Y LBY J613971 00 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 'CrJE LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY AHY-J616777-00 1/1/2024 1/1/2025 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR UHY J613938 00 1/1/2024 1/1/2025 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$in,nnn $ A WORKERS COMPENSATION WHY-J574830-00 1/1/2024 1/1/2025 X STATUTE OTH - ER AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Center Place The City of Spokane Valley is included as an additional insured with regard to General liability in relation to work performed by Wutke LLC DBA Idaho Fence as outlined via written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 East Sprague Avenue Spokane Valley WA 99206 AUTHORIZED REPRESENTATIVE C t2c' I I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD