10-021.00 Allisons Fabrication: CenterPlace Gutter RepairAGREEMENT FOR CONSTRUCTION OR SERVICES
Allison's Fabrication
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Allison's Fabrication hereinafter "Contractor," jointly referred to as
"parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed The Contractor shall do all work and furnish all labor, tools,
materials, supplies and equipment for the Repair and Reinstallation of the gutters at CenterPlace Project
(hereinafter "work ") in accordance with, and as described in Exhibit 1 (Scope of Services), which is by this
reference incorporated herein and made part hereof ( "Contract Documents "), and shall perform any changes in
the work in accord with the Contract Documents.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume
and be responsible for the cost and expense of all work required for constructing and completing the work and
related activities provided for in the Contract Plans and Contract Documents, except those items mentioned
therein to be furnished by the City of Spokane Valley.
The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to
commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to
review the scope of services, schedule, and time of completion. Upon notice from the City, Contractor shall
promptly commence work, complete the same in a timely manner, and cure any failure in performance under
this agreement.
Unless otherwise directed by the City, all work shall be performed in conformance with the Contract
Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans
and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of
the highest quality materials; so that all work performed shall be in compliance with current related industry
standards.
2. Term of Contract This agreement shall be in full force and effect upon execution and shall
remain in effect until May 10, 2010.
The City may terminate this agreement by ten days' written notice to the other party. In the event of
such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date.
3. Compensation The City agrees to pay the Contractor a fee of not to exceed $2,885.00
plus W.S.S.T. for the materials, as full compensation for everything furnished and done under this
agreement.
4. Payment The Contractor may elect to be paid in monthly installments, upon presentation of
an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent
to the City Clerk at the below- stated address.
Agreement for Construction Services Page 1 of 5
02,00 0 - o 2 1
The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or
City or State standards.
Notice Notice shall be given in writing as follows:
TO THE CITY:
Name: Christine Bainbridge, City Clerk
Phone Number: (509) 921 -1000
Address: 11707 East Sprague Ave., Suite 106
Spokane Valley, WA 99206
TO THE CONTRACTOR:
Name: Allison's Fabrication
Phone Number: 509- 280 -6872
Address: 1203 N. Warren Road
Spokane Valley, WA 99216 -1987
6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to
comply with all applicable Federal, State and local laws, and City ordinances and regulations.
7. Prevailing Wages on Public Works Unless otherwise required by law, if this contract is for
a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary
maintenance executed at the cost of the City," the following provision applies:
This agreement provides for the construction of a public work and a payment of prevailing
wages according to Washington law. All workers, laborers or mechanics shall be paid a
prevailing rate of wage.
Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid"
before retained funds will be released to the Contractor. The affidavit must be certified by the
industrial statistician of the Department of Labor and Industries.
8. Relationship of the Parties It is hereby understood, agreed and declared that the Contractor
shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only
the results to be achieved, and that the right to control the particular manner, method and means of the work is
solely within the discretion of the Contractor. Any and all employees who provide services to the City under
this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the
conduct and actions of all its employees under this agreement and any liability that may attach thereto.
9. Ownership of Documents All drawings, plans, specifications, and other related documents
prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws.
10. Records The City or State Auditor or any of their representatives shall have full access to
and the right to examine during normal business hours all of the Contractor's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
11. Warranty Unless provided otherwise in the Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under this contract are free from defect or
Agreement for Construction Services Page 2 of 5
failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a
warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure
occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or
expense to the City.
12. Contractor to Be Licensed And Bonded The Contractor shall be duly licensed and bonded
by the State of Washington at all times this agreement is in effect.
13. Insurance The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope 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 written on Insurance Services Office (ISO) from CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products- completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or
modification of the Commercial General Liability insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named as an
insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO Additional Insured endorsement
CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance
limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less that
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products - completed operation aggregate limit.
Agreement for Construction Services Page 3 of 5
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect to the
City. Any Insurance, self - insurance, or insurance pool coverage maintained by the
City shall be excess of the Contractor's insurance and shall not contribute with it.
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail,
return receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days' prior written notice by
certified mail, return receipt requested of a cancellation.
D. Acceptability oflnsurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this
contract, the Contractor shall furnish acceptable insurance certificates to the City at the time
the Contractor returns the signed contract. The certificate shall specify all of the parties who
are additional insureds, and will include applicable policy endorsements, and the deduction or
retention level. Insuring companies or entities are subject to City acceptance. If requested,
complete copies of insurance policies shall be provided to the City. The Contractor shall be
financially responsible for all pertinent deductibles, self - insured retentions, and /or self -
insurance.
14. Indemnification and Hold Harmless The Contractor shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It
is further specifically and expressly understood that the indemnification provided herein constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of the agreement.
15. Waiver No officer, employee, agent, or other individual acting on behalf of either party, has
the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded
in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this
agreement, 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.
Agreement for Construction Services Page 4 of 5
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16. Assignment and Delegation Neither party shall assign, transfer, or delegate any or all ofthe
responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent
of the other party.
17. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
18. Arbitration All disputes arising under this agreement shall be resolved through arbitration
pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of
Arbitration.
19. Entire Agreement This written agreement constitutes the entire and complete agreement
between the parties, and supercedes any prior oral or written agreements. This agreement may not be changed,
modified, or altered, except in writing and signed by the parties hereto.
20. Anti - kickback No officer or employee of the City, having the power or duty to perform an
official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have
solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person
with an interest in this agreement.
21. Business Registration Prior to commencement of work, Contractor shall register with the
City as a business.
22. Severability If any section, sentence, clause or phrase 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.
23. Exhibits Exhibits attached and incorporated into this agreement are:
1. Scope of Services;
2. Insurance Certificates.
-IN WITNESS WHEREOF, the parties have executed this agreement this o day of
5 2010.
CITY OF SPOKANE VALLEY: CONTRACTOR:
=z-
City Mandger Own ,6r REDACTED
Tax I.D. No.:
ATTEST: APPROVED AS TO FORM:
Clerk Office f he City Atof
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any Page 5 of 5
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Exhibit 1 — Scope of Services
CenterPlace Gutter Repair /Replacement Project
Based upon 12/10/09 Proposal
I. Project consists of repairing existing gutters where necessary, fabricating and
installing new gutter at Greenhouse. All as per proposal. Address is 2426 N.
Discovery Place, Spokane Valley, WA 99216.
2. Contractor to:
a. Repair existing damaged gutters as needed
b. Reseal gutters as needed
c. Fabricate new gutter at Greenhouse
d. Reinstall existing downspouts to new gutter system
e. Use 26 gauge "Dark Bronze" steel to match existing
f. Add new hangers where needed
g. Coordinate project with CenterPlace Maintenance staff
3. Contract cost to include all labor, materials and supplies necessary to perform
the job along with any necessary permit fees and prevailing wages.
4. This is a prevailing wage public works contract. Sales tax is not to be paid on
the labor portion of the contract.
5. CenterPlace representative for this project is:
-Brian Moat
- Office: 720 -5406
-Fax: 688 -0188
- bmoataspokanevalley.org
E -1 / 1 8. 1 202 0 1 4: 15 5@96243972
ALL LINES 1144
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Printed by OMW on January 18, 2010 at 02:11pM