25-113.00DelkManagementApplewayAveStormwaterSwalesNetafimReplacementContract No. 25-113
CONSTRUCTION AGREEMENT
Delk Management
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 Delk Management, ("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 the Appleway
Netafim project (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 within 10 days of receipt of a notice to
proceed and shall complete the Work within the times specified in the Contract Documents, as may be
extended in accordance with this Agreement and the Contract Documents.
3. Liquidated Damaaes. 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 $200 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 $104,480.00, plus Washington State Sales Tax of
Delk Management - Construction Agreement Page 1 of 9
$9,298.72 (if applicable), for a total of $113,778.72, based on the bid submitted by Contractor (Exhibit B),
and as may be adjusted in accordance with the Contract Documents.
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:
Name: Marci Patterson, City Clerk
Phone: (509) 720-5000
Address: 10210 East Sprague Avenue
Spokane Valley, WA 99206
TO THE CONTRACTOR:
Name: Rob Saty
Phone: 509-863-2922
Address: PO Box 1026
Otis Orchards, WA 99027
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 Reearding 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.
Delk Management - Construction Agreement Page 2 of 9
9. Prevailina Wases 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
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:Hlni.wa.gov/licensing_perinitS/public-works-projects/prevailing_wa e-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
Delk Management - Construction Agreement Page 3 of 9
City. This warranty provision shall not be construed to establish a period of limitation with respect to
Contractor's other obligations under this Agreement.
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
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 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:
Delk Management - Construction Agreement Page 4 of 9
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.
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 ANII.
F. Evidence of Coveraize. 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
Delk Management - Construction Agreement Page 5 of 9
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.
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.
Delk Management - Construction Agreement Page 6 of 9
24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall
be in Spokane County, State of Washington.
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.
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.
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:
Delk Management - Construction Agreement Page 7 of 9
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);
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-
Delk Management - Construction Agreement Page 8 of 9
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. Appleway Netafim Replacement RFP
B. Bid proposal documents signed and delivered by Contractor to City for Contract No. 25-1 l3
C. Insurance Certificates/Endorsements
D. Performance and Payment Bond
The Parties have executed this Agreement this 1 2- day ofAU-W-Q+20 2-S'
CITY OF KANE VALLEY: Contractor:
John Ho an, City M ager By: Rob Saty, GM
Its: Authorized Representative
Attorney
Delk Management - Construction Agreement Page 9 of 9
Exhibit A
spokan
jUalley
CITY OF SPOKANE VALLEY
REQUEST FOR BID PROPOSALS (RFP)
APPLEWAY NETAFIM REPLACEMENT
Contract No. 25-113
PROPOSALS DUE: WEDNESDAY, JULY 2, 2025 — 3:00 PM (Local Time)
Submit via email ONLY to:
Aaron Clary, Engineering Technician
aclary�ic spokanevalleov
Candice Powers -Henderson, Admin Assistant
cphenderson c(� spokanevalleywa.,gov
Any alterations to this document made by the Bidder may be grounds for rejection of bid, cancellation of
any subsequent award, or any other legal remedies available to the City of Spokane Valley.
The 61 page RFP document is available upon request. For purposes of Blue Sheet routing, legal
suggested to include just this cover page as reference.
June 17, 2025
Request for Proposals Contract No. 25-113
Appleway Netafim Replacement
Exhibit B
PROPOSAL FORM
PROJECT NUMBER: 25-113
PROJECT TITLE: Appleway Netafim Replacement Project
NAME OF FIRM SUBMITTING BID:Delk Mangement
Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may
withdraw his bid after the hour set for the bid closing except under the conditions explained in the
Information to Bidders Section.
RECEIPT OF ADDENDA: Bidder acknowledges receipt of the following addenda by checking the box(es):
❑1 ❑2 El ❑4 El El
REJECTION: The City reserves the right to reject any or all proposals, portions or parts thereof and to
waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the
bidders when considering awarding a contract.
TIME TO COMPLETE: The contract shall be completed by October 1, 2025. Once work begins, the site
can only be disturbed for a total of 4 consecutive weeks within the contract term.
BID IS NOT ELIGIBLE FOR CONTRACTOR'S BOND ELECTION to withhold 50% retainage in lieu
of furnishing a Contractor's Bond (Payment and Performance Bonds).
FREIGHT: Bid price(s) to include all freight costs to the job site.
SCHEDULES: A Bidder must complete all the schedules, or his bid will be rejected as non -responsive.
The undersigned hereby certifies that (he/they) (has/have) personally examined the location and
construction details of work as outlined on the plans and specifications for the above project and (has/have)
read thoroughly and understands the plans, specifications, and contract governing the work embraced in
this improvement and the method by which payment will be made for said work and hereby proposes to
undertake and complete the work embraced in this improvement in accordance with said plans,
specifications, and contract in accordance with the unit prices provided below.
The Bidder, to be considered responsible, shall provide in legible figures (not words) handwritten in ink or
typed, a unit price (except Lump Sum items) and total for each of the items shown on the following
schedules:
Bid Schedule/Cost Statement
ITEM
NO.
ITEM DESCRIPTION
UNITS
TOTAL
1
Appleway Netafim Replacement
Lump Sum
104,480
Person/Entity Name: Sean Mitchel
Signature of Bidder: .13912if, WL`ioQ
Company: Delk Management Date: 07/02/2025
2
Exhibit C
ACORO® CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDfYYYY)
08/07/2025
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((es) must 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
NEWKIRK AGENCY LLC
164 S WASHINGTON ST STE 600
SPOKANE, WA 99201
CONTACT ERIN NEWKIRK
NAME:
m�N a Exl. 509 309-3925 I a Nc: 509 290-5491
AODmss; ERIN NEWKI RKAG ENCY, COM
_ INSURE�(RSIAFFORDINGCOVERAGE _
NAIC9
INSURER A:Northfield Insurance Company
INSURED
INSURERB:Kinsale Insurance Company
DELK MANAGEMENT LLC DBA- DELK
INSURERc:Ohio Security Insurance Company
PO BOX 39
INsuRERo:Ohio Casualty Insurance Company
LIBERTY LAKE, WA 99019
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: RFVIsiON NIIMRFR-
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.
LSUORNT R
TYPE OF INSURANCE
S
POLICY NUMBER
MMIO Y EfF
Ml WCD YY
LIMITS
A
�(
COMMERCIAL GENERAL LIABILITY
X
X
WS-536389
1v13/2o2a
1v;3,zoz5
EACH OCCURRENCE
$1,000,000
P'VAAGE ToRRRENMD
_1 SES Ea occurrence
$100,000
CLAIMS -MADE o OCCUR
MEDEXP(Any one
$5,000
_person)
PERSONAL & ADV INJURY
$1,000,000
LIMIT APPLIES PER.,
GENERAL AGGREGATE
$2,000,000
GEN'LAGGREGATE
POLICY ❑ JECT ❑ LOC
PRODUCTS-COMP/OPAGG
$2 OOO,OOD
$
OTHER
C
AUTOMOBILE LIABILITY
X
BAS64172649
12J1312024
12/131202$
COMX
EaaecBddeDSINGLE IT
$1,000,000
BODILY INJURY (Per person)
$
ANY AUTO
AOVNED SCHEDULED
AUTOS
BODILY INJURY (Per wddent)
$
IREDATOS oMNED
PROPERTYDMAGEA
I
$
B
UMBRELLA LIAR
X
OCCUR
X
X0100273312-1
121i3/2024
12/13I2025
EACH OCCURRENCE
s2,000,000
X
EXCESSLIAB
CLAIMS -MADE
AGGREGATE
$2,000,000
DED I I RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
WS-536389
12/13/2024
12/13/2025
OTH-
X TA R
YIN
ANY PROPRIETOWARTNERIEXECUTNE
EL EACH ACCIDENT
$1,000,000
OFFICERIMEMBER EXCLUDED? ❑
(Mandatory In NH)
N IA
E.L. DISEASE - EA EMPLOYE
$1,000,000
Ifyes, describe under
DESCRIPTION OFOPERATiONSbelow
EL DISEASE -POLICY LIMIT
$1,000,000
D
INLAND MARINE / EQUIP
BM064172649
12/13/2024
1211312025
515,445 includes leased equip
D
PROPERTY
BFS064172649
12/13/2024
12 1312025
BUILDING 655,764
BPP 100,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is requited)
Certificate holder is named as additional insured with waiver of subrogation
Project - Appleway Netfim Replacement
City of Spokane Valley
Community & Public Works Department
10210 E Sprague Ave
Spokane Valley, WA 99206
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATfVE
0199E-2014 ACORD CORPORATION. All rinhis racnrvad
ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD
Printed by ERN on August 07, 2025 at 10:53AM
Exhibit D
BOND NO: LSM1359291
CONTRACTOR'S PERFORMANCE BOND
to City of Spokane Valley, Washington
The City of Spokane Valley, Spokane County, Washington, has awarded to Delk Management (Contractor), as Principal, a
contract for the construction of the project designated as Apnlewav Netafim Replacement, Project No. 25-113 in Spokane Valley,
Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with
chapter 39.08 Revised Code of Washington (RCW).
The Principal, and RLI Insurance Company (Surety), a corporation,
organized under the laws of Illinois and licensed to do business in the State of Washington as surety and named in
the current list of"Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau
of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the
sum of $113.778.72 total Contract amount (including Washington State sales tax), subject to the provisions herein.
This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or
assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions
of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the
manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee
from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such
performance obligations have not been fulfilled, this bond shall remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the
specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation
on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work
performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total
amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not
required for such increased obligation.
This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will
only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the
surety.
PRINCIPAL (CO)URACTOR) Delk Management, LLC DBA Delk SURETY RLI Insurance Co pang
8/5/2025
—P nci )a ature Date —10Surety Signature Date
r
Printed Nofie
C�wner-
Title
ERIN NEWKIRK
Printed Name
Attorney In Fact
Title
Name, address, and telephone of local office/agent of Surety Company is:
RLI Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402
111,11111111111jr
` J�PNCE
O
J; a�p004
SEAL.
L I•N 0,
11111111111```
Updated February 9, 2023
Exhibit D
*&�a:jw
I�
4;000;XA1Jey. BOND NO: ISM1359291
CONTRACTOR'S PAYMENT BOND (NON -FEDERALLY FUNDED PROJECT)
to City of Spokane Valley, Washington
The City of Spokane Valley, Spokane County, Washington, has awarded to Delk Management (Contractor), as Principal, a
contract for the construction of the project designated as Applewav Netafim Replacement, Project No. 25-113 in Spokane Valley,
Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter
39.08 Revised Code of Washington (RCW).
The Principal, and RLI Insurance Company (Sure
ty), ty), a corporation
organized under the laws Illinois and licensed to do business in the State of Washington as surety and named in the
current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of
Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the
sum of $113,778.72 total Contract amount (including Washington State sales tax), subject to the provisions herein.
This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns
shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors,
and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying
on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by
reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this
bond shall remain in full force and effect.
The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the
specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation
on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of
the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract
that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and
notice to Surety is not required for such increased obligation.
This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will
only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the
surety.
Printed Nat
OtyAe-f-,
Title
Management, LLC DBA Delk S TY RLI Insurance Co any
j/2025
Date ety Signature Date
ERIN NEWKIRK
Printed Name
Attorney In Fact
Title
Name, address, and telephone of local office/agent of Surety Company is:
RLI Insurance Company 9025 N. Lindbergh Dr. Peoria IL 61615 Phone: 800-645-2402
.�`&P NCE C'r
.a
• GO P o ATS •-7<':
SEAL .
Updated February 9, 2023
POWER OF ATTORNEY Exhibit D
RLI Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402 Bond No. LSM1359291
Know All Men by These Presents:
That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by
the approving officer if desired.
That the RLI Insurance Company , a corporation organized and existing under the laws of the State of
Illinois and authorized and licensed to do business in all states and the District of Columbia does hereby make,
constitute and appoint: ERIN NEWKIRK in the City of Spokane , State of
Washington as it's true and lawful Agent and Attomey In Fact , with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, specifically for the following
described bond.
Principal: Delk Manaaement, LLC DBA Delk
Obligee: City of Spokane Valley
Bond Amount: S 113,778.72
The acknowledgement and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond
had been executed and acknowledged by the regularly elected officers of the Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of a
Resolution adopted by the Board of Directors of RLI Insurance Company and now in force to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or
by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the
corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by
its Sr. Vice President with its corporate seal affixed this 5th day of August 1 2025 .
JRpNCEC
`:`may ..... ��ro•-.
=aJ.' ooaaoalrF
:SEAL
State of Ohio
SS N0,\ .
County of Cuyahoga I'll fill
On this 5th day of August t 2025 before me, a Notary Public,
personally appeared Eric Raudins who being by me
duly sworn, acknowledged that he signed the above Power of Attomey as the
aforesaid officer of the _ RLI Insurance Company
and acknowledged said instnrment to be the voluntary act and deed of said
corporation.
By: d J_��
Jill A. Scott Notary Public
rr JiLL. A SCOTT
� Notary Public
State of Ohio
vo- , . f? = My Comm. Expires
' o` September 22, 2025
4 *:
RLI Insurance Company
By:
Eric Raudins Sr. Vice President
CERTIFICATE
11 the undersigned officer of
RLI Insurance Company
do hereby certify that the attached Power of Attorney is in full force
and effect and is irrevocable; and furthermore, that the Resolution of
the Company as set forth in the Power of Attorney, is now in force. In
testimony whereof, I have hereunto set my hand and the seal of the
RLI Insurance Comoanv
this 5th_ day of
RLI Insurance Company
By: a '��
Jeffrey D.Gickl U v —ICorporate Secretary
A0006221_R_SUBS_BID