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05-002.00 Spokane Restaurant Equipment: CenterPlace Kitchen Equipment
FF ^; �fI � J S Valley 4;00 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206 509.921.1000 * Fax: 509.921.1009 + cityn;�ll @spokanevalley.org Memorandum To: Dave Mercier, City Manager From: Joel Moiander, Construction Project Man er Centerplace Thru: Steve Worley P. E.. Senior Engi nee r(IP en Thompson, 'nance Director Neil Kersten, Public Works Director Mike Jackson, Parks and Recreation Director Cc, Carolyn George: Administrative Assistant Date: 2a January 2005 Re: C:enternlace. Contract for Supplying and Installation (if Kitchen Equipment Pleasc find attached two( ) copies of the contract for `Supplying and Installing the Kitchen Equipment' at the C'enterp]ace Project. Thesc contracts have been signed by the vendor and require your signature. I have reviewed these documents and recornmend you sign them. Attached are the following supporting documents: 1. Minutes of the December 14, 20{}4, meeting of the Spokane Valley City Council, approving the recornrriendation of the city staff to approve the awarding of the contract for the Supplying and .Irpstallation of the Kitchen Equipment at the Centerplace Project to the apparent low bidder, Spokane Restaurant Eq uipment, Inc. CNew Business, Mein 5). . Vendor supplied documents: a. Certificate of )(liability Insurance b, Request for Taxpayer ID Nianber and Certificate c. Contractor Performance and Payment Bond to Dual Obligee d. Statement of Intent of Intent to Pay Prevailing Wages Please let me know if you have any questions- CA�6-- l S iWane ,,;oOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 549.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org December 17, 2004 Mr. Mike Schneider, President Spokane Restaurant Equipment, Inc. 1750 East Trent Ave. Spokane, WA 99202 -2943 RE: Centerplace at Mirabeau Point Park Kitchen Equipment Package Project No. 04 -005 Mr. Schneider: In follow -up to the December 10, 2004 letter you received from Dave Mercier, Spokane Valley City Manager, regarding the above project, please find enclosed the standard agreement form (AIA Document A107 -1997) with attached modifications. Please review the document carefully. If they are agreeable to you, please sign and return to our office. 1 will then have the contract signed by the City Manager and provide a copy to you for your records. Along with the executed Standard Forms of Agreement, the following two items are required to be submitted to us prior to the issuance of a Notice To Proceed (NTP): 1. An executed Contract Performance and Payment Bond as described in the project booklet. 2. Certificate of Insurance as required and described in the project booklet. City of Spokane Valley must be named as an additional insured by a separate policy endorsement. The certificate must provide for a minimum of 45 days prior written notice to City of Spokane Valley for any cancellation or reduction of coverage. Once the above items are received and approved, we can issue the N'rP. We will also schedule a Pre Construction Conference. We would ask that you bring to the Pre Construction Conference the following items: 1. Contract Progress Schedule Mr. Mike Schneider' _ ! 12/17/04 CenterPlace at Mirabeau Point Park Page 2 2. Contact name(s) and phone number(s) of personnel to contact day or night in case of emergency The following item is required at the beginning of this project but not necessarily prior to the commencement of work: Statement. of Intent to Pay Prevailing Wages (L, & I form 1700 -029) for your firm and for each proposed subcontractor — These statements are to be sent directly to the Department of Labor and Industries with the required fees. L & I will return the approved statements to you. You must forward copies of the approved statements to this office before progress payments can be made. 'These statements require approximately three weeks for processing. The following item will be required at the end of the project: Affidavit of Wages Paid (L & I form F700 -007) for your firm and for each subcontractor — These affidavits are to be submitted directly to the Department of Labor and Industries with the required fees. 1, & I will return the approved Affidavits to you. You must forward a copy to this office before Retainage is paid. The affidavits require approximately three weeks for processing. Your bid bond will be returned to you when the contracts have been executed. If you have any questions, please contact me at 688 - 0191. Sincerely, Steve Orley, P.E.' Senior Engineer /Capital Probe is Cc: Neil Kersten, Public Works Director (w /out enclosures) J .• 1 9 9 D I T 1 O N AIA DOCUMENT A107 -1997 Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULAI ~ED SUM This document includes abbreviated General AGREEMENT made as of the Twentieth day of December Conditions and should in the year 2004 not be used with other (fn wards, indicate day, mouth and ycatr) general conditions. BETWEEN the&wner: (Arame, address and other info "nation) and the Contractor: (i \lame;, address and other iujormatiort) The Project is: (Arame and loration) The Architect is: (Arnie, address and other information) City of Spokane Valley C/O Public Works Department 11707 East Sprague Ave., Suite .1.06 Spokane Valley, WA 99206 Spokane Restaurant Equipment, Inc. 1750 East Trent Ave. Spokane, WA 99202 -2943 Kitchen Equipment Package for CenterPlace at Mirabeau Point Park Public Works Project No. 04 -005 Tan Moore Architects 416 West Sprague Ave. Spokane, WA 99201 The Owner and Contractor agree as follows. Included and attached hereto are the modifications to the Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment is a STIPULATED SUM. Copyright 1936, 1951, 1958, 1961, 11963, 1966, 1974, 1978, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America. �`7lylz n1 v"I"r: •i'l�ta �• t� ®1997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract. Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement of the \York shall be the date of this Agreement unless a different date is stated belotiv or provision is made for the date to be fixed in a notice to proceed issued by the Otivner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the dare will Fie fixed in a notice to Proceed.) The Date of Commencement shall be stated in-a Notice to Proceed by 2.2 The Contract Time shall be measured from the date of commencement. 2.3 The Contractor shall achieve Substantial Completion of the entire 1Vork not. later than days from the date of commencement, or as folloNvs: (lnserr number of calendar days- Alternatively, a calendar date may, be ased „hen coordinated with the date of conrrmencennent. Unless stated ctset+• -here in the Contract Docunnents, insert any regairenrents for earlier Substantial Completion of certain portions of the Work.) ,subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert lrr(Nisions, if any, for liquidated darrrages relating to failure to complete on brute or for bonrns paynnemts fur early completion of the k1 irk.) ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract 4433SLIM shall be Two Hundred Sixteen Thousand, Four Hundred Thirt9* Wvesand'N/100 subject to additions and deletions as provided in the Contract documents. WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. the Owner.. ® 1997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the nwnbers or other identification q(aecepted ahernaics. If decisions on other alternates are to he made by the Owner subsequent to the exccution of ihisA reement, attach a schedule of suclt outer ahernai cs showinb tj:e anuxun for each and the date when that amount expires.) 33 Unit prices, if any, are as follows: ARTICLE 4 PAYMENTS 4.1 PROGRESS PAYMENTS 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 4.1.2 Provided that an Application for Payment is received by the Architect not later than the °o•. - - .•o° day of a month, the Owner shall make payment to the Contractor not later than the day of the month. ® 19 9 7 A I A O If an Application for Payment is received by the Architect after the date fixed above, payment Shall AIA DOCUMENT A1074997 be made by the Owner not. later than days after the ABBREVIATED OWNER - Architect. receives the Application for Payment. CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 4.13 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (insert rate of interest agreed "port, if arry.) (Usury laws and requirements under the Federal Truth in Lending .Art, sin» lar state and local consumer credit laws and tither regulations at the Owners and Contractors principal flares of business, the location of the Project and elso%4iere may affect the t•xtlidity of this provision. legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 4.2 FINAL PAYMENT 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .i the Contractor has fully performed the Contract except for the Contractor's responsibility to correct N-Vork as provided in Paragraph 17.2, and to satisfy, other requirements, if any, which extend beyond final payment; and 1 a final Certificate for Payment has been issued by the Architect. 4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days a Aer the issuance of the Architect's Final Certificate for Payment, or as follows: ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS 5.1 The Contract Documents are listed in Article 6 and, except for ,�9odifcations issued after execution of this Agreement, are enumerated as follows: 5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between Owner and Contractor, AIA Document A107 -1997. 5.1.2 The Supplementary and other Conditions of the Contract are those contained in Lire Project Manual dated , and are as follows: Document 'ride Pages 01997 AIA© AIA DOCUMENT A1074997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N -W. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 5.1.3 The ,Sl)cciFications are those contained in the Project Manual dated as in Subparagraph and are as follows. (Ehher list JJrc Specifications here or refer to rlra exliibil atlached to tlarS.� reer:dt.red, Seca iori Titie Pages 5 -1 -4 The Drawings ar4 as follows, and are dated unless a different elate is show>> belom li >t the DrYawiji s Acn'., or rYyllF lit crr7 exhi ire oficrched Jo thisAgmclraena.j . Number Title Pages 5.1.5 The Addenda, i C any, are as Col Imvs; Number Dutt- Pages Portions of Addinida nAating 10 bidding requirements are not part or the Conlract Documcnls 4tnicss the bidding rcqu1rements are. also cnuro :rated in this ArliCie 5. 5.1,6 0Lherdocu men Ls, if any, forming part or I,he Contract l)ocun,enIs are as follows, IJI� (List ewy radArorral doeffffleaali L%lhich are irrlentdedi to forms part of lire Cautracl D06rtalneaal5,) WARNING= Unliaensad phorocopyingviolaTesU .5.aopyrighi lows *1na will 3ubfeet the violator to legal prosecutlon. 0 0 o- 01497 AIA(D AIA DOCUMEH7 A107-1497 ABBREVIATED OWNER - COMTRAC70R AGREEMENT The Arraerican InsiiruIe of Arch11eds 1735 Mew Yor[4 Avenue, N.W. Washington, 0.C. 20406 -5292 GENERAL CONDITIONS ARTICLE 6 GENERAL PROVISIONS 6.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Iyfodifrcation is (i) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract [documents is to include all items necessary for the proper execution and completion of the \work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable fi-om them as being necessary to produce the indicated results. 6.2 THE CONTRACT The Contract Documents form the Contract fir Construction. The Contract represents the entire and integrated agreement. between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contras may be amended or modified only by a Modification. "the Contract Documents shall not be construed to create a contraetual relationship of any kind (t) between the Architect and Contractor, (2) between the Owner and a Subcontractor or sub - subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. 6.3 THE WORK The term "\York" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The \'work may constitute the whole or a part of the Project. 6.4 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the \York is to be performed and correlated personal observations with requirements of the Contract Documents. 6.5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings, Specifications and other documents, including those in electronic form, prepared by the .Architect and the Architect's consultants are Instruments of Service through which the \.%Fork to be executed by the Contractor is described. The Contactor may retain one record set. i�Teither the Contractor nor any Subcontractor, sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall he deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the .Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use soleh, with respect. to this Project. They are not to be used by the Contractor or any Subcontractor, sub - subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. \1''' /m/ 01997 A I A AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 20006 -5292 1, sub - subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect. and the Architect's consultants appropriate to and for use in the execution of their lV6rk u nder the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to he construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights. ARTICLE 7 OWNER 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER 7.1.1 "1'he Owner shall furnish and pay for surveys and a legal description of the site. 7.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the N-Vork. 7.1.3 Lxcept for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or pererlartent changes in existing facilities. 7.2 OWNER'S RIGHT TO STOP THE WORK if the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the 1-Vork in accordance with the Contract Documents, the Owner may issue a written order to the Contractr_rr to stop the \- ork, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the N-Vork shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 73 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out theNWork in accordance with the Contract Documents, or fails to perform a provision of the Contract, the Owner, after to days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies arid may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 8 CONTRACTOR 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR III) 8.1.1 Since. the Contract Documents are complementary, before starting each portion of the \•\fork, the Contractor shall carefully study and compare the various Drawings and other C ontract. 0 o Documents relative to that portion of the N-Vork, as well as the information furnished by the 4>3. — ° Owner pursuant to Subparagraph 7.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These 01997 A I A O obligations are for the purpose of facilitating construction by the Contractor and are not for the AIA DOCUMENT A107 -1997 purpose of discovering errors, omissions or inconsistencies in the Contract Documents, however, ABBREVIATED OWNER- any errors, omissions or inconsistencies discovered by the Contractor shall be reported promptly CONTRACTOR AGREEMENT r p p y to the Architect as a request for information in such form as the Architect may require. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 8.1.2 tiny design errors or omissions noted by the Contractor during this review shall be. reported promptly to the architect, but it is recognized that the Cont.ractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contrail Documents. 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES 8.2.1 `Che Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work raider the Contract, unless the Contract Documents give other specific instructions concerning these matters. if the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or procedures may not be safe. 8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the \-York for or on behalf of the Contractor or any of its Subcontractors. 8.3 LABOR AND MATERIALS 8.3.1 Unless otherwise provided in the Contract DOCILInients, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, us"ater, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the \Mork whether temporary or permanent and whether or not incorporated or to be incorporated in the \-\cork. 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees arid other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 833 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 8.3.4 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order, 8.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the \,York will be free from defects not inherent in the quality required or permitted, arrd that the \Work will conform with the requirements of the Contract Documents. NVork not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. 8.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or negotiations concluded. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. ® 1997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER. CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 8.6 PERMITS, FEES AND NOTICES 8.6.1 Lbiless othenvise provided in the Contract Documents, the Contractor shall secure and h,ay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicablee to performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. if the Contractor performs NVork knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such 1•Vork and shall bear the costs attributable to correction. 8.7 SUBMITTALS 8.7.1 The Contractor shall review for compliance Nvith the Contract Doc11111CIAS, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness_ The 1 -Vork shal! be in accordance with approved submittals. 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 8.9 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the \,\fork or to make its parts fit. together properly. 8.10 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation 'of waste materials or rubbish caused b}' operations under the Contract. At completion of the 1Vork, the Contractor shall relrlove front and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material. 8.11 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect, unless the Contractor has 0 o reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Architect. 0 i �b O 0 1997 A I A® 8.12 ACCESS TO WORK AIA DOCUMENT A1074997 The Contractor shall provide the Owner and Architect access to the 1•Vork in preparation and ABBREVIATED OWNER- progress wherever located. CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, O.C. 20006 -5292 WARNING: Unlicensed photocopyin8 violates U.S. copyright taws and will sobJect the violator to legal prosecution_ 8.13 INDEMNIFICATION 8.13.1 To the fullest extent permitted by late and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 16.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the \Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of ,vhether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 8.13. 8.13.2 in claims against any person or entity indemnified under this Paragraph 8.13 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone fir whose acts they may be liable, the indemnification obligation under Subparagraph 8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor order workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 9.1 'Che .Architect %vill provide administration of the Contract and will be an Owner's representative (I) during construction, ( -) until final payment is due and (3) with the Owner's concurrence, from time to time during the one -year period for correction of Work described in Paragraph 17.2. 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage= of the Contractor's operations (i) to become generally familiar with and to keep the Owner informed about the progress and duality of the portion of the \Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that. the V \cork, when fully completed, will be in accordance with the Contract Documents. 1- lowever, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsi- ble for, the construction means, methods, lechniques, sequences or procedures, or for safety pre - caLIG0118 and programs in connection with the \Nork, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 8.2.1. 9.3 'Che Architect will not be responsible for the Contractor's failure to perform the N-Vork in accordance with the requirements of the Contract Documents. "Che Architect will not have control over or charge of and will not be responsible for acts or oilhissions of the Contractor, (lj� Subcontractors, or their agents or employees, or any other persons or entities performing portions of the \ -Vork. o o. .b cW�.�o 9.4 Based on the Architect's evaluations of the \,\rOrk and of the Contractor's Applications for o Payment, the Architect will review and certify the amounts due the Contractor and will issue ® 1 9 9 7 A I A O Certificates for Pavnhent in such an]ounts. AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT 9.5 The Architect will have authority to reject \Work that does not. conform to the Contract Documents. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 9.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 9.7 -['he Architect will interpret and decide matters concerning performance under, and requirements of, tide Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other rnatters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. 9.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 9.9 Duties, responsibilities and limitations of authority of the .Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect.. Consent shall not be unreasonably withheld. 9.10 CLAIMS AND DISPUTES 9.10.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Paragraph 15.2, shall be referred initially to the Architect for decision. Such matters, except those relating to aesthetic effect and except those waived as provided for in Paragraph .9.11 and Subparagraphs 14.5.3 and 14.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 9.10.2 if a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by the Architect, by mediation or by arbitration. 9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American ,Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made C011CUrrenLly with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days fi'otn the (late of tiling, unless stayed for a longer period by agreement of the parties or court order. 9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract. that are not resolved by mediation, except matters relating to aesthetic effect and except those waived as provided for in Paragraph 9.11 and Subparagraphs 14.5.; and 14.5.4, shall he decided by o, o arbitration which, unless the parties mutually agree. otherwise, shall be in accordance with the °oa•oo° CotlSlruCLion Industry ,Arbitration Rules of the .American Arbitration Association currently in r--= effect. The demand for arbitration shall be filed in writing with the other party to this Agreement 0 1991 A I A 0 and with the American Arbitration Association and shall be made within a reasonable time after AIA DOCUMENT A107 -1997 the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and ABBREVIATED OWNER - CONTRACTOR AGREEMENT judgment may be entered upon it in accordance with applicable law in anY court having Jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no The American Institute arbitration arising out of or relating to the Contract Documents shall include, by consolidation, of Architects 1735 New York Avenue, N.W. joinder or in any other manner, any person or entity not a part), to the Agreement under which Washington, D.C. 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (I) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest. or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among, the patties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court hav- ing jurisdiction thereof. 9.11 CLAIMS FOR CONSEOUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising Out of or relating to this Contract. This mutual waiver includes: .i damages incurred by the Owner for rental expenses, for losses of use, income, profit, Financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 danlage.s incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the NWork. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article i.). Nfothing contained in this Paragraph 9.11 shall be deemed to preclude an a%vard of liquidated direct damages, when applicable, in accordance ,vith the requirements of the Contract Documents. ARTICLE 10 SUBCONTRACTORS 10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion o f t he \Work at the site. 10.2 Lbiless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the 1•Vork. The Contractor shall not. contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. if the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The. Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 10.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the 1Vork to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's NWork, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Sulxontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 11 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 11.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions WARNING: Unlicensed photocopying vioiates U.S. copyright laws and will subject the violator to legal prosecution. 01997 AIAO AIA DOCUMENT A1074997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.%%. Washington, D.C_ 20ODG -5292 of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver Of subrogation. if the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in paragraph gao. 11.2 'rhe Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. 11.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timer activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly tinied activities, damage to the 1Work or defective construction of a separate contractor. ARTICLE 12 CHANGES IN THE WORK 12.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the \Work shall he authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Diredive signed by the Owner and Architect. 12.2 The cost or credit to the Owner from a change in the \Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit. 12.3 The Architect will have authority to order minor changes in the NVork not involving adjustment in Lite Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effecter by written order and shall be bindin,, on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 12.4 If concealed Or Unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily Found to exist, the Contract Sum and Contract Time shall be equitably adjusted. ARTICLE 13 TIME 13.1 Time limits Slated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract 'rime is a reasonable period for performing the \Work. 0 0 13.2 The date of Substantial Completion is the date certified by the Architect in accordance oo .00° with Subparagraph 14.4.2. O 0 1 9 9 7 A I A O 13.3 If the Contractor is delayed at any time in the commencement or progress of the. Work by AIA DOCUMENT A107 -1997 changes ordered in the \Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse ABBREVIATED OWNER- CONTRACTOR conditions not reasonably antici eatable, unavoidable casualties or any causes beyond the CONTRACYOR AGREEMENT 1 y Contractor's control, or by other causes which the Architect determines may justify delay, then the The American Institute Contract Time shall be extended by Change Order for such reasonable time as the Architect may of Architects determine, subject to the provisions of Para rah io 1735 New York Avenue, N.W. subject I- g p �• Washington, D.C_ 20006 -5292 WARNING: Unlicensed photocopying violates U.S. copyright taws and will sublect the violator to legal prosecution. ARTICLE 14 PAYMENTS AND COMPLETION 14.1 APPLICATIONS FOR PAYMENT 1411 Payments shall be made as provided in Article 4 of this Agreement. Applications f()r Payment shall be in a form satisfactory to the Architect. 14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. 14.2 CERTIFICATES FOR PAYMENT 14.2.1 The architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properh, due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 14.2.3. 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the \Vork and the data comprising the Application for Payment, that Lite \Vork has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the cluality of the 1Nork is it) accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (I) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 14.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 14.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 14.2.1. The Architect may also withhold a Certificate'for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect. the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 8.2.2, because of: .i defective Work not relrWdied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or MILlipment; .4 reasonable evidence that the Work can not be completed for the unpaid balance of the Contract Sum: .s damage to the Owner or another contractor; WARNING: Unliccnsed photocopying violates US. copyright laws and will subject the violator to legal prosecution. 01997 AIAOO AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 I rea5onal)le evidence 1.hat l lie �l%lork will not be completed withill dic Conn -act Time and IIiaL ttie Li1)paid b'IIa11CC WOLI]d not bo adecJuat! to COVE actual car 1iCtuidated damages for the anticipated delay; or .7 persist €nI. Failure to carry out t17e Work in accordance %viIl7 the Ctwni.rnct Documents. 14.2.4 When the above reasons for With11 oJdijig certification are removed, ccrt]RcaIion w i I i be made for amouilLS prcviuuSlY wviLhhold, 14.3 PAYMENTS TO THE CONTRACTOR 14.3.1 Tht1 COFLtractor shat] 13n)mtitly pa}' each S u lic0i k Lracto r, u pon receipt of payment from the Owner, out of the aanCrLInl 1).,l id to the Contractor on accaulnL 0FSLIch Subcontractor's portion of the Worts, Ilic amount to WhiCh said SUbcontraclor is entitled, rollocting ]XMc Ftta &oS aCluatly retained From payments to the Contractor on account of such Subcontractor's portion of th€ \ -York. The Contraoor shall, by approprizfle agreerment tivith each SubconLlador, regtiir.; eawh Subs orilractor to make. p;Ly111CntS to sub- SLIbconkraclurs in similar Ma,lner. 14.3.2 Neither the Owner nor Architect. shall have an obligation to pay or see to the payment of money to a Subccmtractor except as ma y othLr %vise he r€ €tuned by law. 143,3 A Cer6FiCate for C11yme,it, a pruVress pa)- anent, or par Li u] or entire use or occupancy of the Project by the C yner shall noi. consi.itute acc €piance of 1 -\fork nol in accordance wiIl7 the Contrail Docklment5. 14.4 SUBSTANTIAL COMPLETION 14.4.1 SUbstanlial Completion is the sLage in the progress of iho. � -Mork when the 1-Vork or designated portion thereof is SufPicient3}' cuinplE:1C in accurdancr with the Contract Documents sa thaL Llw Owner Cull occupy car LitiI ice the Work for its inLcnded use. 14.4.2 \Vhen the Architect de1e1'n1ine5 ihat the �-Vork or designated portion thereof is SLIbSta11dally Complote, the Arc hlteCt WiII ISSUC a CCrti ficate 0C SLlbstanbaI Completion which Shall esLablisli the date of SUbSt tnikd CO]HpleLiun, establish responsibilities of the O win €r and Contractor fnr s €curity, maintenance, heat, utilities, damage to the Work and in ski rance, anal fig€ Lhe time within which the Contractor Shall finish L-LJl items on the list acconilm lying the f erlificale_ Warranlie5 required by the OnLT�Kt Docunicnks shall corn mence on the date of Substantial Coin pit don of the � -Mork or designated portion Iliereof un]ess otlierkvise provided 1n Lhe Certificate of Substantial Completion. Upon the issuance of Lhe Certificate. of SUbstantial {A)Iri JACIIDI1,1he Arch itect Wi11 SU bin iL it to the Owner aad C:onkractor for their 4vrltLe.n accep1,1noc of responsibilities ass ignal to thcin iii such C:o.rIifrcato 14.5 FINAL COMPLETION AND FINAL PAYMENT 14.511 Upon rcccipt of writLCI1 110d CC t ILO I tILC Mork is ready Fur firm] iIISIXCIiun and acceJ ?taFk,'(: and upon receipt of a final ApplicaLiun for I 'layintnt, the Architect will promptly make such fill inspection and, when klieArchitect finds kheI- Forkacccptable Linder the CcntracL Docu men Ls and the Contract Fully perFoxm €d, the Archileci. will. piviipl.ly issue a Final Ccrtific-ate for Payment stating that to the best of the Architect's know.leige, information and belief; and on the basis of . the Archilecl's on -site visits and inspections, the \-York kris been completed in accordance with tcrftUS and condilions of the Cunlract DoculTICFLtS and that the entire balance found to be due the 01997 A I A S Cont rad ora rid notedin the FinaICertificat eis due a rid payable ,Tlie Arch itect'sfimgICerdhcate AiA DOCUMENT A107 -1997 fur PayFULCM will co,Istitute n further dial- ConrlitiORS stated in Subljarm6raph i -1.5.w ABBREVIATED OWNER. CONTRACTOR AGREE M ENT as precede rd. to the C;nni ractnr'S b €ing enIii.led 1.() final paymeni. leave 1 ?een Ft1IfiIled. The Araericaa Inslirure 14.5.2 pinal payment shall not bocuine due until the Contractor has dAvemd to the Owner a oiArclliN -W. con, lete release of rill liens arisen oul of \his Conirack or receipts in full covering all labor, 1735 New York Avenue, N.4+d. f' � p � Washingron, D,C, �()W6 -529$ WARNING; Unllgrnscd PIWroccipying wi01args U.S. c4A1'right laws and will subject the violator to IegaI prosecurlon. materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payinents are matte, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. 14.5.3 The making of final payment shall constitute a waiver of claims by the 0%vner except those arising from: a liens, claims, security interests or ericutilbrances arising out of the Cortract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. 14.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a NVaiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for payment. ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 15.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contact. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the \Work and other persons who may be affected thereby; .2 the \Work and materials and #equipment to be incorporated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Subparagraphs 15.1.2 and 15.1.3, except for damage or loss attributable to acts or ornissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor, The forgoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 5.13. 15.2 HAZARDOUS MATERIALS 15.2.1 if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdOwn, delay and start -up, which adjustments shall be accomplished as provided in Article t2 of this Agreement. 15.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in WARNING: Unlicensed photocop,(Ing violates U.S. copyright laws and will subject the violator to legal prosecution. ..�.: 01997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N,W. Washington, D.C. 20006.5292 1 Subparagraph 15.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the �,Vork itself), and provided that such damage, loss or expense is not due to the sole negligence of a part}' seeking indemnity. 15.2.3 IF, without negligence on the part o f t he Contractor, the Contractor is field Iiable for the cost of renlediation of a hazardous material or substance solely by reason of performing 1Vork as required by the Contract Documents, the Owner shall indemnif )' the Contractor for all cost and expense thereby incurred. ARTICLE 16 INSURANCE 16.1 'rhe Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance- for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations. Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the Policy will not be canceled or allowed to expire until at least 3o days' prior written notice has been givert to the Owrier. 16.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owners usual liability Insurance. 16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 16.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project klanagement Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. LLlless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and ►ila►ntalning such opticalal insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability insurance under Paragraph i&i. 16.3.2 To the extent damages are covered by Project Management Protective Liability insurance, III the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such o, o waivers of subrogation by endorsement or otherwise. o. .o 16.33 The Owner shall not require the Contractor to include the Owner, Architect or other 0 1997 A I A ID persons or entities as additional insureds on the Contractor's Liability insurance under Paragraph AIA DOCUMENT A107 -1997 16.1. ABBREVIATED OWNER - CONTRACTOR AGREEMENT 16.4 PROPERTY INSURANCE The American Institute 16.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or eonl- ofAue,Ncls allies lawfully authorized to do business in the jurisdiction in which the Project is located, 1735 New York Avenue, N.W. P 1 I' Washington, D.C. 20006 -5292 WARNING:Unlicensed photocopying violates U.S. copyright laws and will subioct tho violator to legal prosecution. I , property insurance on an "all- risk" policy form, including builder's risk, in the amount of the ini- tial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 1,1.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub- subcontractors in the Project. 16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 3o days' prior written notice has been given to the Contractor. 16.5 WAIVERS OF SUBROGATION 16.5.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article it, if any, and any of their subcontractors, sub - subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Paragraph 16.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the .Architect, Architect's consultants, separate contractors described in Article 11, if any, and the sulxontractors, sub- subcontractors, agents and employees of any of them, by appropriate of reetrients, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 16.5.2 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub- subcontractors in similar manner. ARTICLE 17 CORRECTION OF WORK 17.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform Ilj� to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such o, o rejected Work, including additional testing and inspections and compensation for the Architect's cal. 00 services and expenses made necessary- thereby, shall be at the Contractor's expense. ° 01997 A I A 0 17.2 In addition to the Contractor's obligations under Paragraph 8.4, if, within one year after AIA DOCUMENT A1074997 the date of Substantial Completion \Y letion of the ork or designated portion thereof or after the date for ABBREVIATED RE EM K p CONTRACTOR AGREEMENT commencement of warranties established under Subparagraph 14 -4.z, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in The American Institute of Architects accordance with the requirements of the Contract ]documents, the Contractor shall correct it 1735 New York Avenue, N-W. Washington, D-C. 20006.5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. prumpLlY after receipt of written 1106Ce From the O1Vrl(:r Lo du so unless the C }xvncr has 1)reviously given the Contractor a writlen aacepiance of such condiIion_ The Owner shall give such noticc 1)romptly a ftcr d iscovery of the. ccndiIion. During the one -}car period for correction of 1- %fork, if the Owner fails to 11061 1 the Contractor and give the Contractor ail opporturtit LCr make the corructioll, Lhc OwnL-r wvaivkes the rights to require correction by the Contractor and to make a claim for breach of warranty. 17.3 LF the Contractor fLAIS Lo correct noncarLforming Work within a reasonable tilne> the Owner may Corr €cL it in accordance with Paragraph 7.3. 17.4 'rile tine -} ear period for correcLioll of Work shall be extended wi I respect to portions of 1-Vork first performed after Substantial Completion b}' the period of lime between Substantial Completion and the actual performance of the � -Fork, 17.5 -f he rune -year period for correction of Work shall not he extended by corrective Work performed by the Contractor ])Llr klant Lo N5 Article I], ARTICLE 18 MISCELLANEOUS PROVISIONS 1011 ASSIGNMENT OF CONTRACT Nreithcr party to the Contract shall assign the Contract without. written constnt of the other_ 16.2 GOVERNING LAW The Contract shall he governed by the ]au- of the place where the Project is kKatet]_ 1Uil;l1 *11 FfLUIbiIx'Fy� ill[ +lr'F� Tests, inspections and approvals of portions of Lhe Work rLXItLirecl by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time_ Unless othcnvise provided, Lhc Contractor shall make arrangements For 5uc11 twists, inspections and approvals will, an independent. lesi.ing labOMtory or entily accepIable Lo Lim O%vner, or wviLl1 the appropriate l)Llblic aut11ority, and shall bear all related casts of tests, inspections and approvals. The Contractor shall give the Architect timely notice of xvhen and where tests and inspections are to be made so that the Architect may be present for such I)rQccdures_ The 0 nCT shall Dear ethsls (Pf IesLi, i I Is ptecl i o n s or upprovaIs which do hilt become requirements Until after bids are reueik Cd or ncgoti0.ir ?ns conducted. 16.4 COMMENCEMENT OF STATUTORY LIMITATION n €RIOD As between Owner ind Conu'aCtor, airy npplirahle stalute of limitations shall Commence to run Mid LL11y' 11lleged CRISC of actlan shall I,e deemed to have accrued- 1 not laser Ulan t 11 date. of SLlbSla111ia1 Completion for acts c failures to act occurring prior to of SLlbStalllia] Completion; x nol Inler Ihan the date ()f issuance of the final Certificate for Payment for Nets or fail - Ia�M urCS to act OCCUrrillg SubsegL10nt to the relevant date of Substantial Completion and prior to the issuance of the final Corti ficaie For Pa }m ftnt; and a 3 not later than the date of I he relevant act or failure to acL by Lhe Contractor for acts or failures to act occurring after the date of cite final Certificate for Payment. 0 $ 1487 AIA(D AIA DOCU M E NT A1074 997 ARTICLE 19 TERMINATION OF THE CONTRACT AB6REVIATEV OWNER- CONTRACTOR AGREEMENT 18.1 TERMINATION BY THE CONTRACTOR If the Archiiect Fails to recommend payment For a Iaeriod of 3o days through no FaLLIt of the The American Iris rilule Contractor, or if Lhc Oxvner Fails to make payment thereon For a Period of 3o days, the Cc) n I i actor of Arc N.crs ma upon seven additional days' writLen notice to the Owner and the Architect. terminate the 1735 flew York Avenue, N.LV. }�' P �, Waslnin8len, D.C. 2OOOfr5 9 WARRING= Ueblleensed photoeopping wlaloat 41.5. eapyelght law€ and will subject the violator ro legal pro€ecullon. Contract a, id recover fi'om the Owner payment for Work executed and for proVkm I 03 with respect to materials, cg41iJ)n7e31L, tools, and construction equipinew and inachinery, including reasonable overhead, profit and damages applicable to the Project. 19.2 TERMINATION BY THE OWNER 19.2.1 The Owner nay terminate the Contract if the Contractor, .1 persisLCrltly or repeatedly re Fuses or Fails tu.supj)]y ell OLIgh properly skilled workers or proper materials; .2 fails to make payment. LU Subc011traciors for materials OF UOT in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards [aivs, ordinances or rules, regulations or orders of a public 11LIth0rit.y having jurisdiction; or .a other%visc is guilty of substantial breach of a provision of Lhe Coni raul Documents. 19,7.7 W1 lerl ally of the above reasons exists, the Oxwrler, upon cerd h cat ion by the Architect that skiff`ieient cause exists to justiCy such actio17, finny, without prejudice to qny other remedy the Owner may have and after diving the Contractor sQven days' written notice. Lerminate the Contract and take p5wssion of the site and of al] materials, equi pmenI, tools, and construction equipment and machinery i.hereon owned by the Contractor and mays finish the Work by whatever reasonable rrletl10d the Owner may deem expedient - t-Lpun regticst ofthe Contractor, the Owner ahaII furni911 to the Contractor a detailed XCOLLnt.i 11 of the casts incurred by the Owner in frwshing the �Vork, 19.23 1-Ai en Lhe Owner terminates the Contract for one of the reasons staLi Cd i,7 SLIbpragraph iy -2.1, the Contractor sl1a 11 1101 be entitled to receive further t)ayM -- ant Lint i1 the Work is finished, 19.2,4 ] f the unpaid balance of ttre Contract Su in exceeds costs of fi nishing the Work, including cornponsatio'n For Lhe AlGhiied-'s services acid cxpe,3scs made necessary thereby, and other damages incurred by [lie Owner and nol cxpressly waived, such excess shall be paid to the Contractor. If such casts and damages arce.ed the unpaid balance, the Contractor shall pay the diHere11ce to the Owlien'I'he ainoullt LD be ])aid Lo Lhe Contractor or 0wrier, as the case may be, shall be cerLified by the Architect, upon app I i cut ion, and this obligation For pay inenL sha]I survive terrnination of the Cont rq ct. WAftNINC,; Mikensed pnolaaopyrng violates U.5, copyright laws and wall subject the vEDlaror la legal proscwt,pn- u Jill Qr997 A I A G AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AC,REEMENT The American Inslirute of Architects 1735 New York Avenue, N.W. ashinglonr V-C. X0406 -5292 ARTICLE 200THER CONDITIONS OR PROVISIONS See Attachment 'A' for last of accepted alternate kitchen equipment. This Agreement entered into as of the day and year first written above. _ � r O W N E R (Signature) C O N T R A C T O R ($ignamre) David Mercier, City Manager Mike Schneider, President (Prinled name and title) (Printed name and title) CAUTION: Ytlu should sign an originalA.IA document or a licensed reproduction. Originals contain lltcAL"I loko printed in red; licensrd reprodrictions are djose pr(Arrced in accordance with the Instructions to this dorremew, WARNING: Unlicensed photocopying violatos U.S. copyright laws and will subject the violator to legal prosecution, ®1997 A I A 0 AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C_ 20006 -5792 Kitchen Equipment Package �� 0 Tan Moore Architects for CenterPlace at Mirabeau Point rant Spokane, Washington SECTION 00500 - STANDARD FORIM OF AGREEMENT AND MODIFICATIONS The Agreement, composed of the "Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM" AIA Document A107- 1997 (available for review at Spokane Valley Public Works Department) is incorporated herein by reference. The modifications to the "Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM, AIA Document A] 07-1997" are as follows: Project Number. 04-005 Project Name: Kitchen Equipment Package for Centerplace at Mirabeau Point Park Wording shall be inserted where indicated. Page 1 Insert for Owner: City of Spokane Valley, Washington C/O Public Works Department 11707 E. Sprague Avenue, Ste 106 Spokane Valley, Washington 99206 The Project is: Kitchen Equipment Package for Centerplace at Mirabeau Point Park This project shall be known and referenced as Project No. 04 -005 The Architect is: Tan Moore Architects 416 West Sprague Avenue Spokane, Washington 99201 Add after the sentence "The Owner and Contractor agree as follows." Included and attached hereto are the modifications to the Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM. ARTICLE 2 DATE OF COM]Y[ENCEIvIENT AND SUBSTANTIAL COMPLETION 2.2 Add: The date of commencement shall be stated in the Notice to Proceed by the Owner. 2.3 Change paragraph 2.3 to read: 2.3 The Contractor shall achieve Final Completion of the entire Work not later than June 30, 2005, subject to adjustments of this Contract Time as provided in the Contract Documents. ARTICLE 3 CONTRACT SUM 3.2 Delete Paragraph 33 Delete Paragraph ARTICLE 4 PAYMENTS Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package for CenterPlace at Mirabeau Point Parks 4.1.2 Delete and replace with the following: - Tan Moore Arch�ects Spokane, Washington 4.1.2 Payment shall be made thirty days (30) in arrears for work performed provided that a minimum of one copy of a properly prepared payment application is submitted to the Architect for review and recommendation for payment not sooner than the first (1st) nor later than the tenth (10th) day of the month followl the month in which the work was completed. The Owner shall make payment to the Contractor not later than the 10 day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 30 days after the Architect receives a properly prepared Application for Payment. A properly prepared Application for Payment is one that contains no significant errors or omissions and that is signed and certified as required. The Owner shall be the final judge as to what constitutes a significant error or omission. All requests will reference the Owner's project number. 4.1.2.1 Add a new paragraph to read: 4.12.1 Subject to the provisions of the Contract Documents the amount of each progress payment shall be computed as follows: 4.1.2.1.1 Take the portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent (5 %) plus 100% of the Tax amount. 4.1.2.1.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitable stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five (5 %) plus 100% of the Tax amount; 4.122 Add a new paragraph to read: 4.1.22 The progress payment amount determined in accordance with Subparagraph 4.1.2.1 shall be further modified under the following circumstances: 4.1.2.2.1 Upon Completion of the Work, a sum sufficient to increase the total payments to ninety-five (95 %) of the Work plus 100% of the Tax amount, less such amounts as the Architect shall determine for incomplete Work and unsettled claims. 4.1.2.2.2 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts will be subject to statutory limitations. 4.1.3 Insert the following interest rate: The interest rate payable will be per Washington State statute. 4.22 Delete and replace with: 4.2.2 The 0+ vner's retainage payment will not be paid before 45 days has passed from the date the City of Spokane Valley accepts the work of the project as complete. ARTICLE 5 Delete in its entirety and replace with: ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS 5.1 The Contract Documents consist of this agreement, all conditions of City of Spokane Valley Bid No. 04 -005 and other documents listed below issued prior to the execution of this Agreement and all modifications and change orders issued subsequent thereto. These form a contract and all are as fully a part of the contract as if attached to this agreement Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package C Tan Moore Architects for CenterPlace at Mirabeau Point nark Spokane, Washington or repeated herein. In the event of a conflict between documents the order of precedence will be the order listed below. An enumeration of the contract documents is set forth below: 1. Change Orders; and 2. Notice To Proceed; and 3. Notice Of Award; and 4. Agreement; and 5. Addenda; and 6. Specifications; and 7. Drawings; and 8. The provisions of City of Spokane Valley Bid No. 04 -005; and 9. The bid proposal of the contractor 5.2 Modifications to the Abbreviated Standard Form of Agreement for Project Number 04 -005 are attached hereto and included herein by reference. Deletion: Delete and replace the paragraph preceding the signature block area of the Agreement with the following language: This Agreement is entered into as of the day and year first written above and is executed in one original copy, which will be returned to the Omer. The original executed Agreement will be filed with the City Clerk, one copy will be provided to the Contractor and the Architect. Certified copies, if needed, may be obtained, at the expense of the requestor, from the City Clerk. ARTICLE 6 GENERAL PROVISIONS 6.1.1 Add a new paragraph to read: 6.1.1 The apparent silence or omission of the Contract Documents as to any detail, of any work to be done or materials to be furnished and required for the proper performance of the work, shall be regarded as meaning that the best general practice is to prevail, and that material and workmanship of the best quality are to be used, and interpretation of the Contract Documents shall be made upon this basis. 6.5 Delete in its entirety and replace Frith: 6.5 All drawings, plans, specifications and other related documents prepared by the Architect under this agreement are and shall become the property of the Owner, upon final payment to the Architect, without restriction, reservation or qualification. The Architect may retain copies necessary for record keeping, documentation and all such other business purposes. ARTICLE 7 OWNER 7.l .2 Delete in its entirety and replace with: 7.1.2 Prior to commencing any excavation or grading, the Contractor shall satisfy itself as to the accuracy of all survey data as indicated in these Drawings and Specifications and/or as provided by the Owner. Should the Contractor discover any inaccuracies, errors or omissions in the survey data, the Contractor shall immediately notify the Architect in order that proper adjustments can be anticipated and ordered. Commencement by the Contractor of any excavation, grading or clearing shall be held as an acceptance of the survey data by the Contractor, after which time the Contractor has no claim resulting from alleged errors, omissions or inaccuracies of said survey data. 7.1.3 Delete in its entirety. Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package for CenterPface at Mirabeau Point Park ARTICLE 8 CONTRACTOR Tan Moore Architi�cts, Spokane, Washington 8.1.1 Add a new sentence to read: If the Contractor fails to visit the work site and familiarize itself with the local conditions, it shall still be held to knowledge of such condition had a visit been made. 8.2.1 Add new sentences to read: Unless otherwise expressly provided in the Contract Documents, the means and methods of construction shall be such as the Contractor may choose, subject however, to the Architect's right to reject means and methods which: (1) will constitute or create a hazard to the work, or persons or property; or (2) will not produce finished work in accordance with the terms of the contract The Architect's approval of the means and methods of construction or failure to exercise such right to reject such means or methods shall not negate the accomplishing of the result intended by the Contract Documents, nor shall the exercise of such right to reject create a cause of action for damages by the Contractor. 8.3.4 Add the following as the fast sentence: After the contract has been executed, the Owner and the Architect will consider a formal request for the substitution of products in place of those specified. 8.3.4.1 Add a new subsection: 8.3.4.1 By making requests for substitutions based on subsection 8.3.4 above, the Contractor: 8.3.4.1.1 Represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; 8.3.4.1.2 Represents that the Contractor will provide the same warranty for the substitution that -the Contractor would for that specified; 8.3.4.1.3 Certifies that the cost data presented is complete and includes all related costs under this contract except' the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and 8.3.4.1.4 Will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects. 8.4.1 Add the following subparagraph: 8.4.1 No express warranty or guarantee contained herein shall in any way limit, void, displace, or modify any implied warranties or guaranties owed by the Contractor to the Owner. 8.5.1 Add new subparagraph: 8.5.1 State Sales Tax: The City of Spokane Valley is subject to the payment of Washington State Sales Tax on all purchases. 8.5.2 Add new subparagraph: 8.5.2 State Taxes: The Washington Department of Revenue has issued special rules designed to assist the Contractor Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package D ` Tan Moore Architects for CenterPlace at Mirabeau Point Nark Spokane, Washington in accurately reporting to the Department of Revenue the Contractor's tax liability. Although the Owner may furnish information in the specification regarding the application of state taxes to a particular contract or bid item, it shall be the contractor's responsibility as to the correct interpretation of the laws and regulations relating to such taxes. Adjustments will not be made in the amount to be paid by the Owner under the contract because of any misunderstanding by the contractor as to the Contractor's liability for, or the amount of, any taxes. If the contractor is in doubt as to the tax procedures in any particular case, the Contractor shall consult with the Washington State Department of Revenue, Taxpayer Information & Education Section. ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 9.9 Delete in its entirety. ARTICLE 10 SUBCONTRACTORS 10.1 Add the following: All subcontractors will be licensed and registered with the State of Washington. ARTICLE 14 PAYMENTS AND COMPLETION 14.1.1.1 Add new subparagraph: ot14.1.1.1 Progress payments: Payments of an invoice for work performed will be for 95% of the principal amount plus 100% of the tax amount. For contracts of less than $25,000 value, when requested by the Contractor and approved by the County, a retainage amount of 50% (work performed plus tax) will be held in lieu of providing a Contractor's bond (Performance Bond and Payment Bond). Payments of an invoice for work performed will be for 50% of the total of the principal amount plus tax. The balance of the payment request will be held by the County as retainage. 14.1.1.2 Add new subparagraph: Nr�rfl:l4P11; $j�All I.IG 1 tf7irLydr��rs.(,( ii ar �, s f' r KU I I t t ZI f B rcr? 'fly P g btaitted to th tect f - r re :i%w nd z c e datiQn for payment not sooner than st'- -i•st t n= ti " "i(lddtl • y. = ntla -f` #1 ins, e- o t in- a work was completed. The v. ' i 'liaLi make _ en to et acto not later than. a UU' rra o 'the f'ollo in U th. it an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 30 days after the Architect receives a properly prepared Application for Payment. A properly prepared Application for Payment is one that contains no significant errors or omissions and that is signed and certified as required. The Owner shall be the final judge as to what constitutes a significant error or omission. All requests will reference the Owner's project number. 14.1.1.3 Add new subparagraph: 14.1.1.3 The last, or final, application for payment (represents 100% of the value of the contract) is exempt the submission date requirement and Ail] be paid ( retainage requirement applies) within thirty (30) calendar days from receipt of a correct and proper payment application by the Owner. Note an application for payment of retainage is not required and is not to be submitted. 14.1.1.4 Add new subparagraph: 14.1.1.4 Retainage Payment: Retainage will not be paid sooner than 45 days after project acceptance by the City of Spokane Valley. Project Acceptance begins the 45 -Day Retainage Period. Prior to the release of retainage, the following documentation, in proper form, must be in the possession of the City of Spokane Valley Public Works Department: Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package i ,, / Tan Moore Architects for CenterPlace at Mirabeau Point Park; j j Spokane, Washington 1.* Architect( Engineer /Department approval and certification of the request for final application for payment. 2.* A notarized copy of the Affidavit of Bills Paid. (Blank form provided by the City) 3. Project Acceptance from the City of Spokane Valley. 4. Certificate of Payment of Contributions, Penalties, and Interest on Public Works Contract (required on projects over 520,000.00) received from the State Department of Revenue (Requested by the City when Project Acceptance is received). 5.* Request For Release from the State Department of Labor & Industries (Requested after Project Acceptance when final payment request is submitted). 6. Certification of Payment of Contributions from the State Employment Security Department (Requested by the City when the Resolution of Acceptance is received). 7.* Affidavits of Prevailing Wages Paid approved by the Department of Labor & Industries on the Contractor and each and every Subcontractor. 8. Reports on Claims (liens) filed against the project or Contractor from the County Auditor, City Clerk and the City Public Works Department 45 days from date of Project Acceptance). Note The Asterisk ( *) Following Certain Numbered Items Denote Documents To Be Prepared By And/Or Due From The Contractor. 14.1.1.5 Add new subparagraph: 14.1.1.5 Late Payment: Moneys past due may bear a finance charge as stipulated by law. The current rate is 1% per month. 14.1.3 Add new subparagraph to read: 14.1.3 Before any payments will be made the following must be in the possession of the City of Spokane Valley Public Works Department in proper form and in accordance with the contract documents: 1) a current list of subcontractors (if requested by Owner); and 2) Statement of Intent to Pay Prevailing Wages, certified by the Washington State Industrial Statistician (Owner's copy), from the Contractor and each and every Subcontractor, who has work represented on a payment application; and 3) a copy of the Certification of Insurance or Certificates or Policy(ics) (when requested); and 4) a Contractor's Bond (Performance and Payment Bond). Each application for payment submitted by the Contractor shall contain a certification which states "Prevailing wages have been paid in accordance with the pre -filed statement or statements intent to pay prevailing wages on file with the Ci oty. f Spokane Valley". An example of the certification which is to appear on each payment application submitted by the Contractor for payment follows: "CERTIFICATE I certify that wages have been paid in accordance with the Statement(s) of Intent to Pay Prevailing Wages previously certified and filed pursuant to this contract. By: Date: " Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package Tan Moore Architects for CenterPlace at Mirabeau Point rank f Spokane, Washington 14.5.1.1 Add a new Paragraph to read: 14.5.1.1 A certified and approved final application for payment is exempt from the submission date requirement and is normally paid within 30 days following submission to the Architect (retainage requirement applies). 14.5.2 Add the following text: The Contractor will provide the following documentation to the City of Spokane Valley Public Works Department as soon as possible after item 1 below is submitted. 1. Architect/Engineer /Owner approval of final invoice and recommendation for acceptance of the project as complete. 2. Updated list of subcontractors. 3. Affidavit of Bills Paid notarized. 4. A copy of a Request for Release which the Contractor submitted to the State Department of Labor and Industries before that Department will release the Owner from all liability pursuant to Title 50 or Title 51 RCW. 14.5.3 Delete in its entirety. 14.5.4 Delete in its entirety and replace with the following: 14.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee. 14.5.5 Add a new Para -a ph to read: 14.5.5 Release of retainage will not be paid before 45 days has passed from the date of the City of Spokane Valley accepting the work of the project as complete provided the following conditions are met: 1. Releases have been received from the State Department of Labor and Industries, the State Employment Security Department, and all other departments and agencies having jurisdiction over the activities of the Contractor. 2. On contracts totaling more than $20,000.00, a release has been obtained from the State Department of Revenue. 3. No claims, as provided by law, have been filed against the retained percentage as evidenced by a check with the County Auditor - Recording, City Clerk and the City Public Works Department. 4. Affidavits of Prevailing Wages Paid approved by the Washington State Department of Labor and Industries on the Contractor and each and every Subcontractor. ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 15.2 Add the following subparagraph: 15.2 The Contractor shall promptly remedy damage and loss to property referred to in Clauses 15.1.2 and 15.1.3 caused in whole or in part by the Contractor, a-Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses 15.1.2 and 15.1.3, except damage or loss solely attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault of negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under the Contract Documents. ARTICLE 16 INSURANICE Delete entirely. ARTICLE 17 CORRECTION OF WORK Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package '" Tan Moore Architacts, for CenterPiace at Mirabeau Point Park / Spokane, Washington Amend as follows: All references made to "Substantial Completion" are changed to "Final Completion." ARTICLE 18 MISCELLANEOUS PROVISIONS 18.2 Delete and replace with: 18.2 This agreement has and shall be construed as having been made and delivered within the State of Washington and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this agreement or any provisions hereto shall be instituted only in the courts of competent jurisdiction within Spokane County, Washington. 18.3 Amended by adding new Paragraphs as follows: 18.3.1 Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor. 18.3.2 Inspection or testing performed to prove acceptability of proposed substitute materials and/or equipment shall be the sole responsibility of the Contractor and shall be made by an independent testing agency approved by the Architect in advance. 183.3 If materials or workmanship are used w =hich fail to meet specification requirements, the Contractor shall pay the cost of all load tests, coring or other tests deemed necessary by the Architect to determine the safety or suitability of the material or element. 18.3.4 Inspection and tests required to establish compliance with the Contact Documents will be made by a pre - qualified independent testing agency approved by the Architect. 18.3.5 The Contractor shall pay the cost of complete testing of all equipment and systems for proper operation such as plumbing, heating, ventilating, air conditioning and electrical. 183.6 The Contractor shall employ and coordinate the approved independent testing agency that shall prepare the test report, logs, and certificates applicable to the specific inspections and tests and promptly deliver three (3) copies to the Architect, in such time as to not delay progress of the work or final payment thereof. All engineering test results and test reports shall be signed and sealed by a State of Washington Registered Professional Engineer. 18.4 Delete in its entirety. ARTICLE 19 TERMINATION OF THE CONTRACT 19.2.1.1 Delete the word "substantial' ARTICLE 20: Add new article and paragraphs as follows: ARTICLE 20 ADDITIONAL CONDITIONS 20.1 PREVAILING WAGES 20.1.1 The prevailing rate of wages and benefits to be paid to all workmen, laborers, or mechanics employed in the performance of this contract shall be in accordance with the provisions of chapter 39.12 RCW, as amended. The rules and regulations of the Department of Labor and Industries and the schedule of prevailing wages for the locality or localities where this contract will be performed as determined by the industrial statistician of the Department of Labor and Section 00500 Standard Form of Agreement and Modifications Kitchen Equipment Package �� Tan Moore Architects for CenterPlax at Mirabeau PO4 .. -ark Spokane, Washington Industries, are incorporated by reference as a part of the Contract Inasmuch as the Contractor will be held responsible for paying the prevailing wages, it is imperative that the Contractor familiarizes itself with the current wage rates before submitting bids based on these specifications. 20.1.2 It is the responsibility of the Contractor to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing any bids according to the specifications or paid if awarded a contract. 20.2 NONDISCRIlYUNATION 20.2.1 During the performance of this contract, the Contractor and its subcontractors shall not discriminate on the basis of race, religion, color, age, sex or national origin or the presence of any sensory, mental or physical handicaps in employment or application for employment or in the administration or delivery of services or any other benefits under the contract except to the extent permitted by bona fide occupation qualifications. Section 00500 Standard Form of Agreement and Modifications C), Attachment `A' to AIA Contract A107 Dated December 20, 2004 Kitchen Equipment Package for CenterPiace at Mirabeau Point Park List of Accepted Alternate Kitchen Equipment Item Original Item Price Substitution Price Price Chance 5. Racks $ 794.32 $707.84 $86.48 12. Hand Sink 149.49 126.09 23.40 16. Disposer 1,508.85 1,321.72 187.13 17. Utility .Rack 794.32 707.84 86.48 22. Hand Sink 149.49 126.09 2' ).40 23. Work Table 627.42 570.84 56.58 24. Wall Shelf 212.86 125.36 87.50 25 Conv. Oven Alt. not accepted 28. Work Table 2,936.28 2,896.76 39.52 29. Ice Maker Alt. not accepted 37. Conv. Oven Alt. not accepted 43.1 Salamander Broiler Alt. not accepted 44.1 Range Restaurant Alt. not accepted 45.1 Broiler, gas Alt. not accepted 46.1 Griddle, Counter unit Alt. not accepted 47.1 Refr. Counter Griddle Stand Alt. not accepted 55.1 Refr. Counter Sandwich Top Alt. not accepted 59. Hand Sink 149.49 126.09 23.40 60.1 Refr. Reach -in Alt. not accepted 62.1 Heat Cabinet; Mobile Alt. not accepted Total Cost Savings: $ 1.028.73 D' Lj 71. Hand Sink $ 149.49 138.70 10.79 76.1 Disposer 1,946.70 1,743.55 203.15 78/79. Dishwasher, side loader Alt. not accepted 85. Shelf w /pot rack 470.78 401.89 68.89 86. Sink 2,434.69 2,302.68 132.01 90. Plate Lowerators Alt. not accepted 99. Mixer Alt. not accepted 105. Warming Drawer Alt. not accepted Total Cost Savings: $ 1.028.73 D' Lj DR.Aff C, MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, December 14, 2004 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 57 °h meeting. Attendance: Councilmembers: Diana Wilhite, Ma or Dick Denenny, Councilmember Gary Schimmels, Councilmember Mike Flanigan, Councilmember Rich Munson, Deputy Mayor Absent: Mike DeVleming, Councilmember (excused) Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Mike Jackson, Parks and Recreation Director Tom Scholtens, Building Official Scott Kuhta, Long Range Planner Steve Worley, Senior Engineer Cal Walker, Police Chief Greg MCConlick, Long Range Planning Manager Bing (Greg) Bingaman, IT Specialist Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk INVOCATION: Deputy Mayor Munson gave the invocation. PLEDGE OF ALLEGIANCE Mayor Wilhite led the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll. All members of Council were present except Councilmember DeVleming. Mayor Wilhite stated that Councilmember DeVleming asked to be excused due to illness. It was moved by Deputy Mayor Munson and seconded by Councilmember Taylor to excuse Councilmember DeVleming from tonight's meeting. Vote by Acclomation: In Favor: Unanimous. Opposed: Alone. Abstentions: None. Motion carried APPROVAL OF AGENDA It was moved by Councilmember Flanigan and seconded by Councilmember Denenny to approve the agenda as presented. Vole by Acclamation: In Favor: Unanimous. Opposed: Alone. Abstentions: Alone. Motion carried. COMMITTEE, BOARD, :LIAISON SUMMARY REPORTS Councilmember Denenny: mentioned he attended the recent Economic Summit hosted by the County Commissioners last Wednesday, and that the meeting was well attended and materials well presented. Councilmember Flanigan: explained that he attended the Hotel/Motel dinner last week; attended several open houses and ribbon cuttings; and at the hotel /motel committee meeting last night, discussion was held concerning the contract and letter to be sent to the grant recipients and that those documents will contain verbiage to address the need that each entity demonstrate how the funds will benefit Spokane Valley. Deputy Mayor Munson: reported that he attended the Light Rail Steering Committee meeting where it was agreed that the new contract to continue the light rail planning process will be forwarded to the STA Board of Directors. Council Meeting: 12 -14 -04 Page I of AppmvW by Council: DRAFT 0 Councilmember Taylor: stated that he attended the NLC in Indianapolis, and that it is always good to see how other municipalities handle similar challenges and successes; he also attended the Spokane Convention and Visitor's Bureau Board meeting, that the budget was approved, and the Board voiced its concern about the decline in non = CPA revenues from the various jurisdictions, and stated that if this continues, they will be hearing significant complaints from hoteliers regarding the levy of the TPA tax; and that the concern could lead to non - renewal of the additional bed tax when it comes back in a few years. Councilmember .Schimtnels: explained that he attended the Solid Waste Liaison Board Meeting a few weeks ago, and they have also adopted their 2005 budget; he also attended the Spokane Regional Transportation Committee meeting, that they had a call for projects and the City of Spokane Valley submitted several projects, and of the six projects submitted vying for a share of the $5.4 million, our share would be $570,000 over a three -year time period. MAYOR'S REPORT: Mayor Wilhite reported that she also attended the hotel/motel dinner, and was in attendance at the recent Spokane County Economic Development Summit. PUBLIC COMMENTS: No comments were offered. 1. CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Approval of Regular Council Meeting Minutes of November 30, 2004 b. Approval of Study Session Minutes of December 7, 2004 c. Approval of Resolution 04 -026 Amending Resolution 04 -018, Student Advisory Council d. Approval of Student Advisory Council Bylaws e. Approval of Resolution 04 -027, Creating an Engineer Classification and Job Description f. Approval of Payroll of November 30, 2004 of $145,234.78 g. Approval of the hollowing Vouchers: VOUCHER LIST DATE VOUCHER Numbers TOTAL VOUCHER AMOUNT 11 -24 -2004 5884 -5919 2,609,240.42 12 -03 -04 5932 -5953 29,345.50 GRAND TOTAL 2,638,585.92 It was moved by Deputy Mayor Mutison attd seconded by Councilmember Flanigan to waive the reading, and approve the consent agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried NEW BUSINESS 2. First Reading Proposed Ordinances to Amend Comprehensive Plan— Scott Kuhta Prior to the presentation, Mayor Wilhite asked if any Councilmember has a conflict of interest, or potential conflict of interest regarding any of the proposed comprehensive plan ordinance amendments. Councilmember Denenny stated he has a portion of an aircraft hanger within the area of Felts Field, but is uncertain if that presents any conflict of interest. Mayor Wilhite also noted that as a business owner, she has on occasion done business with a number of people who may come before this Council, and asked if that interest/interaction represents a conflict of interest. After Mr. Driskell's explanation of the Washington State Municipal Conflict of Interest Act (RCW 42.23, adopted 1961), it was determined that Mayor Wilhite and Councilmember Denenny did not have conflicts of interest. Council Mccting: t2 -14-04 Pskge 2 of 8 Approval by Council: DRAFT 0 Via his PowerPoint presentation, Long Range Planner Kuhta explained the procedure of passing comprehensive plan amendments, discussed the proposed amendments, and the other proposals not contained in tonight's ordinances. a Ordinance 04 -049 File No. CPA 01 -04, south side of Dishman -Mica Road After City Clerk Bainbridge read ordinance title 04 -049, it was moved by Deputy Mayor Munson and seconded by Councilmember Flanigan, to advance Ordinance 04 -049 to a second reading. Deputy City Attorney Driskell reminded Council that there was a public hearing on this matter before the Planning Commission, and while Council has the prerogative of taking public comment, if additional public testimony is desired, Council must refer this matter back to the Planning Commission its any decision Council would reach on this matter must be based on the already developed record established by the Planning Commission; and Council should refrain from taking new or different public testimony /comments from that which was taken and heard during the Planning Commission public hearing. Brief discussion was held concerning Council taking public comment on these issues after a public hearing has already been held at the Planning Commission level. Mayor Wilhite invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. iWotion carried b - e Ordinance 04 -050 File No CPA 02 -04 north side of Broadway Avenue; Ordinance 04 -051, File No CPA 03 -04 south side of Springfield Avenue, 04 -052, File No. PA 05-04. north side 2f Valley Avenue, 04 -053 File No. CPA 08 -04, north of Rutter Road. It was Council consensus to read and consider the four ordinances as one unit. Prior to reading the ordinance titles, it was determined that Council will not take public comment when all these ordinances come before Council for second readings, as there would be no effective time for staff to scrutinize the record and advise Council as to testimony content and consistency with what was heard and taken at the Planning Commission Public blearing. City Clerk Bainbridge then read each ordinance title. It was moved by Deputy Mayor Munson and seconded by Councilmember Denenny, to advance ordinances 04- 050, 051, 052, and 053 to asecond reading. Mayor Wilhite invited public comment. Tony Lazannis, Spokane Valley, came to the lectern to speak. Before speaking, it was asked by Deputy City Attorney Driskell if Mr. I azanis testified at any of the earlier public hearings or participated in this matter, and if he has particular comments, to identify which ordinance he wishes to address. Mr. Driskell added that this question will also be posed to anyone offering public comments tonight on these issues. City Manager Mercier asked Mr. Lazanis if he offered testimony at the public hearing before the Planning Commission. Mr. Lazanis said he did not testify at the public hearing. Mr. Mercier then explained that Council may take the public comment from Mr. Lazanis, keeping in mind that Mr. Lazanis' comments cannot be given any weight in the Council's decision making on these issues. Mr. Lazanis then stated that we adopted the County's Comp Plan, and that the people are likely not familiar with the changes being made and that the public needs more information. Mayor Wilhite explained the process of the public hearing and of the notification process so those impacted would be aware of the hearing. Mayor Wilhite asked if anyone who attended the public hearing would like to make public comment now on these proposed ordinances. As there was no further council discussion, vote by acclamation was taken: In Favor: Unanimous. Opposed: None. Abstentions: None. Mution carried. 3 First Ileading Proposed Ordinance 04 -054, REZ 17 -04; Area Wide Rezone — Scott Kuhta Long Range Planner Kuhta gave his overview of the area -wide rezone proposed for the Greenacres neighborhood, of the process to date, of the history of the area, and that the Planning; Commission recommends approval. Councilmember Denenny stated his need to have information concerning what can be required of a developer in any given area. Attorney Driskell explained that there is well developed case law which proceeded to the Supreme Court, where a developer was required to pay for some street improvements which were not directly connected to the development, and the Supreme Court stated there Council Meeting: 12 -14 -04 Page 3 of 8 Approved by Council: DRAl„T must be a nexus between what is required by the City for improvement, and it must be proportional to the impact from the development on the public infrastructure. Mr. Driskell explained this must be done via a traffic study or some type of engineering analysis which shows that a certain development will result in the harm you ask them to cure; but that it does not have to be exact but must be roughly proportional. Councilmcmber Taylor asked about impact fees, and if there were impact fees implemented, would the individual developers not have to go through with individual studies done because the study for the area would already be conducted. Mr. Mercier responded that in Washington state, there are two different approaches: one is development site specific analysis; or communities have adopted a transportation impact fee ordinance which would quantify the amount of money that would have to be contributed based upon the type of development activity occurring, e.g. commercial fast food versus single family residential. Mr. Kuhta added that if an impact fee ordinance were adopted, there is an amount of study that must be conducted to determine the per house or per dwelling impact, or what kind of improvements would be made for the area. Mr. Mercier also stated that any impact fee that a Council may wish to adopt would be preceded by a study analyzing the particular topic area. Deputy Mayor Munson asked if this ordinance were adopted, would there be any way the City could impede the development of these properties under UR -7. Deputy City Attorney Driskell said that of the properties already vested through submittal of complete applications, the City could not legally impede the development; and that if there were a preliminary plat application moving forward and the applicant fails to act on that and it expires by passage of time, then it would revert to the underlying zoning, and the applicant would not get the benefit of the increased density. In further discussion concerning concurrency on this development, Mr. Kuhta explained that it would have to be determined how much traffic would be generated from that development, where the traffic would go, and what intersections the traffic would affect, and if the intersections would not meet the current level of service standards, then the development would be denied or there must be a way to improve the intersection so that it meets the level of service standard; and right now our currency regulations only look at impacts to intersections; and in this case it would not be the improvements of the entire roadway. Mr. Kuhta stated that with the exception of this area, the entire surrounding area is UR 3.5, that this lowers density, will provide fewer cars and will have less impacts, and it will be more consistent with the nature of the development which has occurred; that the difference between UR -7 and UR -3.5 is a difference between a 10,000 square foot minimum lot in UR -3.5, and 6,000 square foot in UR -7. Attorney Driskell stated that stag' received a letter today from a representative of Centennial Properties highlighting what they feel are legal deficiencies in the process in moving this issue from the Planning Commission to City Council, and that he will review that more in depth over the next few days and can report more in detail at the next reading. Mr. Driskell added that this proposal is an area -wide rezone and is riot site specific, and therefore comes under different regulations than the previous ordinances. After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Alayor Nfunson and seconded by C'ouncilmember Denenny to advance ordinance 04 -054 to a second reading. Mayor Wilhite invited public comment. James Pollard, 17216 E Baldwin, Greenacres: he thanked Councilmember Taylor for bringing up concurrency which has been brought up by area homeowners since July; he stated that the attorney's remark concerning the nexus in State Development Manual also states that "development cannot imply a burden on personal buyers, low income people and the elderly," which he stated, by developers coming in and building and walking away with profits, and then citizens discover that roads cannot handle the capacity, he said would impose on low income people in that area; that in determining traffic conditions, the City of Spokane allows developers to set up studies, which they pay for, on level of service on roads; and that he feels there are things that still need to be looked at; there are promises being made or concerns being whitewashed and he feels it needs further review. Council Mceting: 12 -14 -04 Page 4 of 8 Approved by Council: DRAFT 0 Richard Armen, 17601 Eavt Mission, Greenacres: said lie does not live in the area but lives across the street from this area; said he helped get some of the petitions signed and no one turned him down; that the people out there do not want UR -7 but there are some developers that want it to make more money; and some property owners who want it so they too can make more money; that the developers come out and approach someone who has ten acres, and tell them that he can give them $240,000 for that ten acres, but if it is zoned, UR -7 he can give them $340,000; and so that owner will want the extra money too; he stated that the petition does not say to zone it to UR 3.5 except for those who don't want it; it says "the area" and it gives the borders: the River, Mission, Barker; he also questioned how many of those individuals are vested, that the petitions were submitted early and some of those applications came in afterwards, or someone held up the petitions so they could get applications in, and that needs to be examined; he stated that he knows that one developer got his application submitted in lime, and that the others are questionable; that 72% of the people in the area signed the petition; and that the people in Greenacres are adamant that they do not want to be UR -7. Jane Courchaine, 17201 East Cataldo: said that she bought the property on the corner of Greenacres and Indiana; that she knew it was UR -7; she came to die City and asked what the zoning was; she asked about the sewer plan; and she closed the property iecember 30, 2003; and was told that she was in the six -yeas plan, so she hired the engineer to start her project; and partially through she was informed there was an error and she was not in the six-year plan as that was not adopted until October; so she decided to wait until October; then she saw a sign about the zoning being taken away; that she did everything she had to do; and if this is changed she thinks it may constitute a taking, although she stated she doesn't know exactly what a taking is; she believes she is vested and wants to continue being vested; she also objects to this being discussed in November when it was her understanding it was not going to be discussed until December and she was out of town in November; that she acted on City official's recommendations of what was available, and now it is being taken. James Pollard 17216 E Bald► in: said that when people complain about a takings, that Council needs to look at the time of applications, that this was brought up during the planning meetings, and when the Planning Commission discussed it some people there complained about potential use of property and they had ample time to present applications and this never done. Patricia Abraham, 1920 Al Greenacres Road: said she became a property owner December 30, 2003 and never received notification of a petition to change the zoning and was not aware of that issue until signs went up and she got a letter for a Planning Commission public hearing; that she wasn't originally notified of a petition; and that some people signed the petition because they felt uncomfortable not doing so, and she has concerns of the legal process. Tami Palnrquist, speaking on behalf ojCentennial Properties: she read the prepared letter, which letter was later distributed to Councilmembers; and that it is stated in that letter that Centennial Properties' recommendation is that a transition buffer be created between the heavy commercial uses along the freeway to the lower density UR 3.5; that the UR 7 buffer could be extended to Flora Road, and they have spoken to property owners in the area who support that concept. hJDullanty, .1r., 422 West Riverside, Spokane: said that he submitted the letter Cary referenced earlier on behalf of Centennial Properties; that he feels there are some procedural issues to address; that our ordinance requires in this type of rezone, that our Planning Commission, acting as a hearing body, must make Findings, Decision, and Conclusions, and an analysis of how and why they got to where they are before they can recommend to the City Council; that he finds minutes in the file but no Findings, and feels the matter needs to go back; that this not an implementing ordinance of the comprehensive plan, that it is now UR -7* which is the implementing ordinance under the current comprehensive plan; that if we are going to change the zone, then the rules of Parkridge are applicable; and that certain things are required and do not appear to be included in the record to support a re-zone; nothing has changed and Council `V4eeting: 12 -14-04 Page 5 of 8 Approved by Council: DRAI~r 0 Fri there needs to be a showing of changed conditions or circumstances that would require a re -zone; and that there is a presumption of validity with UK -7* and that has not been overcome. He mentioned that he did not have time to review the Public Works staff report. He added that it must be shown that this request would relate to the health, welfare and safety of the citizens and property owners; and he asks that Council refer this back to the Planning Commission to make the appropriate Findings and analysis. Stan Schultz, 425 SAlpine Drive, Liberty Lake: he stated that he is a semi- retired lawyer; that he practiced environmental and land use law for over 30 years; and that he represents Ken Tupper and a company that he develops called "Lots arid Land;" that most ol'his property shown on this map is vested and the rezone doesn't affect him or the L:LC much. Mr. Schultz stated he sent Attorney Driskell an e-mail concerning similar remarks made by Mr. Dullanty; that he asked City staff for copies of the Planning Commission Findings, that he received a copy of the minutes but no Findings, and that the minutes do not meet the legal standards for Findings and he urges Council to send this back to the Planning Commission. Mary Pollard! Greenacres: she stated that there are some good findings from the Planning Commission other than antidotal, and feels there is ample information; that there has been a change- in the area, because of the rezone to UR -7, which is an administrative decision, that it has brought about new developments that are vested, and makes a huge impact as there are 15' roads that are not even meeting the County's standards; and she estimates on her road alone there would be 1,000 cars trips per day; that the zoning designation of UR 3.5 was very short lived as it was in error, it was agricultural prior to that; that the neighborhood is an old neighborhood; people bought property under UR 3.5 or even with UR -7, if they had ten acres and wanted to build a barn, that would be a nonconforming use; and that is why she fought so hard for this kind of zone change ten years ago, that they were granted that change. She stated she feels there needs to be lower density in order to provide adequate infrastructure, that they won't have sewers unless the developers handle it; that there are road problems with sharp turns along the river and on Montgomery; and she encourages Council to look at the long standing neighborhood, people who have been there for a long time. Aldin 5cherrodd, 17315 E Montgomery: he said the developers' attorneys make it sound like they were blindsided by this change in the zoning that they are requesting, but that the citizens were blindsided by the County not giving notice that they were going to change the zoning; that they changed it from the SR- 1 to the UR -7 without property owners' knowledge; that the entire area and the community members way of life is affected by it and the developers are not the ones put out. Bill Gothmann, 10010 East 480, and Planning Commission Chair: said that the rationale for including the vested properties in the rezone was that if those properties should at some time in the future not take advantage of their vesting, then the Planning Commission felt it should revert to the underlying zoning, that of the 3.5, rather than go back to R -7 which it would do if they had excluded them. Councilmember Taylor several times voiced his objection to allowing multiple comments from the same person, and stated that he feels it is setting a bad precedent and that Council has not done so in the past. Mayor Wilhite stated she feels there has been enough testimony, and closed the public comment period. It was moved by Councilmember Denennv and seconded by Councilmember Flanigan to table this motion and ask staff to bring the matter back at the next study session with information pertaining to the legality and infrastructure impacts, and items written by Public FVorks Kersten in his memo. Vote on tabling the motion: In Favor: Unanimous. Opposed: Alone. Abstentions: None. Motion passed. Mayor Wilhite called a recess at 7:52 p.m. and reconvened the meeting at 8:00 p.m. Council Meeting: 12 -14 -04 Page 6 of 8 Approved by Council: DRAFT 01 4. Motion C"onAderstion: Council Approval, Lodging Tax Advisiory Grant )recommendations — Councilmember Flani an ouncilMernbcr Flanigan explained that the recommendations have been revie -wed by Council and last week's discoursu was also heard, and that he recommends allowing public comment. Councilmember Tay [or stated at a previous meeting, a request was made for the C ity to reserve $40,000 of the lodging tax funds to be used for marketing of enterPlace; and he previously inquired why he had not heard of that request as looking at the rce4) rd, it appears it was an added agenda item to the November 2 meeting; and he would like to know the purpose of the funds- Parks and recreation Director : ackson explained that the request was general in nature for marketing of C`.enterPlace, and that while there were no specifics, examples were given such as making a video that could be mailed to perspective users or could be played on a loop at the building to show people what was available; to print and mail invitations in conjunction with ft grand opening, brochures, advertising either in publications or at locations; and possibly in conjunction with the grand opening, for entertainnient or refreshments; and that it was felt that $40,000 could accomplish conservative marketing, especially if it included mailings. Mayor Wilhite said she views this $40,000 request not as a taking funds from other recluestors, but as a means to allow star to have some say over the funds; that if we had given the funds directly to the CVB, they likely would have asked us to assist in the ad, much the same as was done previously - ouncilmember Denenny stated he would support the recommendations of the committee; but that concerning Valleyfest and the Heritage Museum, he wants good analysis to demonstrate that the funds were used as the hotellmotel regulations allow. It was moved by C:ouncilmembarr Flanigan and seconded by Deputy Mayor.Mvndon lhay Council apI)rnave the Lodging far dvisory Committee Grunt recommendations ca ,drown- Mayor Wilhite invited public comment. Tony Lazanis stated that he feels the $40,000 would be a gnat use to promote the valley ceremony. Mayor Wilhite invited further public comment; no further comments were offered. Deputy Mayor Munson said he would support the motion as made with the addition of asking for feedback from the hoteliers as to what is potting their "heads in beds," and would like a questi Grin aire to be available to answer questions to get an idea of hour the funds are spent, CounciImember Flanigan said yesterday's committee addressed that issue; that the contract and accompanying letter will specifically request a six - month presentation to Council to present data showing how the funds were used in Spokane Valley-, and he added that the statutes specify tourism and not necessarily "heads in beds," and the copnmittee also wants accountability from all entities. Vote by ,lcciamar`ion In Tavor.9 07animous- pposed, None. Ab.sientions: None, Potion carried. . motion Consideration: Approval of Contract ror Supply and Installation of Kitchen E L6 ment at CenterNlace — Steve Wort (Mike Jackson Senior Engineer Worley explained the proposal for the. kitchen equipment package at enterPlace, and of the recent bids; that the only bidder to supply a list of proposed substitution was the apparent low bidder, Spokane Pwstaumot f quipment, Inc.; that staff and the project arch itecticonsulCant reviewed the cost and schedule impacts and recommends Council approval- r- Worley explained in an effort to keep the construction moving forward in a timely manner, it is also requested that the City Manager be granted an additional $50,000 in change order authority for Mooney & Pugh's contract for CenterPlac.e. as the current amount aheady authorized in change orders for this project is approximata:ly $46,004. Alier brief discussion of the type of kitchen and equi1)ment, it was moved by C.'uuncif»nember Flannigan and seconded, iv approve this contract for installadon of kitchen equipment, and �o amhoriae air additional S50,000 in change order authority to the Cay Manager. Before inviting public: comment, Mayor Wilhite stated that she does business with one of the purveyors of the contract but the amount of business is well beIow the level indicated for conflict of lntcrmst- Mayor WiIhite invited public comment; Council Meeting: 12 -14 -04 Page 7 of 8 Approved by Cowell: DRAFT C no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: Nine. Abstentions: None. Motion carried PUBLIC COiMNIENTS Mayor Wilhite invited public comment. 7bny Lazanis stated that it looks like we are doing better, that instead of the $8 million in property titres it appears that amount will be closer to $10; that he hopes Council will continue to table the utility tax, and that feels the business registration fees should be higher. 6. ADIMINISTRATIVE REPORTS: Business License/Registration Update —Ken Thompson Finance Director Thompson explained that this report is to clarify some questions brought up about the business registration process. He explained that the three most prevalent questions are: (1) does the City of Spokane Valley's $13.00 fee include the $9.00 that the State charges? (2) what does the State's renewal notice show; and (3) what does it cost to license a business both with the City and the State? Director Thompson said that the answer to question # 1, is no; that the two fees are separate. He explained when the fee was originally discussed, the idea of a $25.00 fee was brought up and that $25.00 would have included the $9.00 State charges; but in June those fees were split and it was determined that the City's would charge a fee of $13.00 and that fee would be separate from the State fee. In response to the second question, Director Thompson said that notice shows the $13.00 City fee and an additional $9.00 renewal fee; and for the last question, he explained that if a business is already registered with both entities, then the renewal fee of $9.00 and $13.00 would be required; but if the entity is registering for a first time, there is a first time State fee of $15.00, in addition to the City's $13.00 fee. He explained that the total fee could range from $22 to $28.00 or higher if other endorsements were needed. Director Thompson added that instead of having 3300 business licenses in our database, we are down to 2231, as approximately 70 business closed within the last two years, which is fairly common. He stated that once our system is running smoothly, we will compare our business license database with the State's sales tax database which should help locate several businesses not yet identified in the City limits. Mayor Wilhite explained that she could like the Council to consider having the state license just show one fee; that the way the renewal /license notice is now, it appears there are two different license fees, and she feels we may have conveyed to the public that the total license would be $13.00, including the state's $9.00; and she would prefer letting the public know that our business license is not costing the public $13.00 but rather $22.00. Mayor Wilhite said she would like the documentation given to the public to simply state the flat fee, and we would pay the Department of Licensing any assessment required. Finance Director Thompson said he will talk to the Department of Licensing to see if it is possible to simply make the fee show up as one, nonitemized fee, and that he will report his findings back to Council. In other business, Councilmember Taylor said he would like to have the Council's goals posted on the wall for all to see, and the Council can ascertain if actions taken are in line with implementation of stated goals. It was decided this might be a good discussion for the upcoming winter retreat. It was moved by Councilmember Flanigan, seconded by .Deputy iWcTor iVfunson and unanimously agreed upon to adjourn. The meeting adjourned at 8:40 p.m. Diana Wilhite, Mayor A "I"fEST: Christine Bainbridge, City Clerk Council Meeting: 12 -14 -04 Page 8 of 8 Approved by Council: 01/27/2005 09:51 50915E -7rD ACCURATE INSURANCE JAIV. 26. 2005 3:05PM CrTY SPOKANE VALLEY ACURATE INSMAt 01121 /2dlib 1Y:lti 59545ovo» = •ACORD CERTIFICATE OF LIABILITY INSURANCE ttus CoiTIF av-1 is 1mSU A.5. mwDUCER ONLY ANO CONFERS NO WQH Amn R InemnM hic Apy 2y>tt�iTFiIS C AF OF R Boo W ®aftW Avg -- -- INSURED SpOne R93teallalit Equ�Tnm4 �c 1730 E Vert SpoUsno WA 20202 PACE 02 NO. 413 P(F. 2lae DA-m (MwOv" 0 pyQRAGEB THIS THE R QIUdR17A &VT TERM OR ICONDTBEuD A E BEE d0e1TRACT OROOTHSR i9D=MENWiv RF�4T TO tlVKO E=LUSIONS AND IIAY E IsOF S OR -N LiZiUbLY MAY PERTAIN. THE IroSURl4ate AFfoRDEo BY THE PoUCMS DESMAQQ HERt7N IB SUWECr To ALL TflR_ TEAIdS. U(CUJSIOfaS RNQ CONOYTIONS �F SUQH on, i[4r4 AGGAEGAn I. jxn SHOWN MAY HAVi; BEE31 RRt1tJ0EQ BY PAOQ C1JU6lS x OCCUR ❑ CLAITAS K=- 3890'1931 DBO'JCilln s s WOR1 MS COUPE SATI IN AUD gurLOYERW uAllmm o'�l�:r�i'I�Qeuaur ctnfvE It =mPloWs r 0r Stop Gap LJRhUKY 90901931 DPSCtiIPT10W OF Cf�6RATiDrJb f LapCA7ppf.A f VFMLt.E•4 / F7�G:LUSi0tr0 ADt,eD F3Y @NDDRP Job: CenteMbceatMimima Paint Pad4il nttoAmdKFt htnEgutpm"l PT ied No o"D5 Job amount S 211.550.33 Cibf Of Spoimne veiley 11701 E *"Lm Ave Suite 106 Gpollene va0ey, WA 99105 09)!912004 1 09fl W2W5 091131004 09F18120DS NGDIT / 9PFddN. FRD'llati� �+ouI.DA,woFni<Aeove crs:9cRl6� Poucca 6HDAliCELLEiD 3EF�0126T,lHE7!?�1A790N DATE rMEOP. TIK ISSIXIM NBUAER WILL "WMEWftAM 45 DAYS W TTEH NONCE TO TWC CUMVICATE MOLDER "AM TO TW LWT 7968 ., EAALuAsuff 091131200 09118r • •� - — s • -�••_•• A x awL evvi:aL LoBu N 58904931 axon � 5_r� CLW.S,.,." 0 OCCUR y my , 1 0000 sN>aA� �� 2 PR P AOG _,&MM iq p4Q0.Fwe LIMB 8 PER PO Cy LOC. �t snty t LOr1T $ 1,000000 AUTONO®u3 WlMM 09t13i2004 00!1611005 (E° (� rsddW A x AuYAuro 38901931 D LW b ALL MvXED AUTOS er l X 9CHzpULM AUTOS yImn 6 Hvm PvTDE XQ Y KON�VIyEDALifOQ PaOP&AIY pMV1CG p (PAr oacSm RAGA 4V+E,IIJTv AUTO Y•FA CID- T S EAAMLA- AM' AUTO pQ ?IUVI �iL1ON T AL;G b x OCCUR ❑ CLAITAS K=- 3890'1931 DBO'JCilln s s WOR1 MS COUPE SATI IN AUD gurLOYERW uAllmm o'�l�:r�i'I�Qeuaur ctnfvE It =mPloWs r 0r Stop Gap LJRhUKY 90901931 DPSCtiIPT10W OF Cf�6RATiDrJb f LapCA7ppf.A f VFMLt.E•4 / F7�G:LUSi0tr0 ADt,eD F3Y @NDDRP Job: CenteMbceatMimima Paint Pad4il nttoAmdKFt htnEgutpm"l PT ied No o"D5 Job amount S 211.550.33 Cibf Of Spoimne veiley 11701 E *"Lm Ave Suite 106 Gpollene va0ey, WA 99105 09)!912004 1 09fl W2W5 091131004 09F18120DS NGDIT / 9PFddN. FRD'llati� �+ouI.DA,woFni<Aeove crs:9cRl6� Poucca 6HDAliCELLEiD 3EF�0126T,lHE7!?�1A790N DATE rMEOP. TIK ISSIXIM NBUAER WILL "WMEWftAM 45 DAYS W TTEH NONCE TO TWC CUMVICATE MOLDER "AM TO TW LWT 7968 6112112905 12:19 5 945 19 ACCURATE i l Llf a� PAGE 139 IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed_ A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemeM(s ), Ir SUBROGATION IS WAIVED, subject to the teens and aondittons of the policy, certain policies may require an endorsement. A statement on [his cerUfcato does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not conaiihne a contract between the issuing insurer(s), authorLzad representative or producer, and the certificate holder, nor daes 4 affirmatively or negatively amend, extend or attpr the coverage afforded by the policies listed thereon_ ACORD 26 (2001100) 01/21/2005 12:19 5094519 ACCURATE INSUF: "- s- 12/23/2004 10:58 5095345556 SPOKANE REST EG'il- 10/2't/kO93 13:45 5094569699 ACCURATE ' INR 1f�1NCE Zurich 711102 10:28 PA13E 2/2 Jl RightPAR ZURM SMALL SUMM To: Accurate Insurance, Inc. From: Zurich Small Business, Jacksonvfile Office Date: July 1, 2002 Name insured: Spokane Restaurant Supply Inc Re: REQUEST TO ADD ADDMONA.L INSURED We have reccived a zzqucu to stdd aA additional i ns,ued to the above policy. Max be advimd that our swaU business policy tacludes, as as addidonaL IMVred, any Per' oT argenlxatton to whom You ate obllgnted by virtue of a written '9nsuted cODdeP'. The claux can be found undat the Commercial Genetal L.iab!Uty Coverage Farm (s): 760203 (Trade CantracwX) and 760204 (ROC) Pages 8 &•9, or 9S200I (Recision) pages 7 & 8. Section U — Whtj 13 an dnsuted. Thetefate, an endoreetnent will not be iosued. Thank you, Atnand &T,t cat u .:ti4.•?3:..�.."�ati�,y';4n.. `.Z;iGi3,� ;f"'�"���l�t�. {t ��. ` ii PAGE 10 PAGE 05 PAGE 02 i 0.0.0E)1'27/2005 09:51 509456- °7s?OKANE ACCURATE INSURAI CE PAGE 01 ■ ■ NO. 473 P. 1 JAN. 26. 2005 3:05M Ls VALLEY C / Itso t sac .44Js i r �e.re [f qo - 14-- dl,ZJ 01/27/2955 09:51 Date: SubJect: Attn: # of pages: 5�9�5F9 ACCL RATE MSURAI C-a 0 Accurate Insurance Inc 909 W Garland Ave 73AN Spokane, WA 99205 509 -456 -8993 fax 509- 456 -0 accurate LaZomnicast.nc Sp OVA Fax Number: I C ns6o PAGE 03 6 05 Pl�rse <',ee ar��l C�ec/i(au��� U6't. �X6�if� Aui' Ce Y'tfFiCO{2 L0. Y \��iG,�,PiV. 01�e 4)e qX An�l��vud pv� will lndd �Q CA, V1t�"- -YVIC 01/27/2005 09:51 509159 ACCUPATE INSURANCE PAGE 04 Page 1 of 1 keawoodfill From: "Marsha Petrosene" <marsha.petrosene @zurichna.com> To: <accurate3 @omnicast.net> Sent: Wednesday, January 26, 2005 3:40 PM Subject: fax for Spokane Restaurant Equipment PAS 038901931 In retards to the Certificate for City of Spokane Valley, yes it is okay to cross out the "endeavor to clause ". Please add the Cert holder to the insureds policy and fax a copy of the certificate to our Service Center at 877- 397 -2329. Thank. You Marsha PLEASE NOTE This E- Mail /telefLK message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressec(s) named above. If you are not the intended addressee /recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E- Mail /telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete /destroy the message and any accompanying docwnents. Thank you. 1/27/2005 Form W.9 Request for Taxpayer (Rev. October 2004) Identification Number and Certification Department of the Treasury Internal Revenue Service N (D 0) M CL C 0 N C N G 0 U 0 C N •` C a0 d CL d Name (as reported on your income tax return) Spokane Restaurant Equipment, Inc. Business name, if different from above Give form to the requester. Do not send to the IRS. Individual/ Exempt from backup Check appropriate box: ❑ Sole proprietor ✓❑ Corporation ❑ Partnership ❑ Other ► ------------------ ❑ withholding Address (number, street, and apt. or suite no.) 1750 E. Trent Avenue City, state, and ZIP code Spokane, WA 99202 -2943 List account number(s) here (optional) Taxpayer Identification Number (TIN) Requester's name and address (optional) 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 redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMQ 2.75.080; and obtain judicial review Enter your TIN in the appropriate box. The TIN provided must match the na pursuant to RCW 42.56.550. backup withholding. For individuals, this is your social security number (SS1\ , alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: l i i i i i l i r or identification number 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. Pee the instructions on page 4.) Sign I Signature of X `j n� A ! N� Here U.S. oerson y /) x,i/ Date ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W -9 only if you. are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. For federal tax purposes you are considered a person if you are: • an individual who is a citizen or resident of the United States, • a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • any estate (other than a foreign estate) or trust. See Regulation section 301.7701 -6(a) for additional information. Foreign person. If you are a foreign person, use the appropriate Form W -8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. Cat. No. 10231X Form W-9 (Rev. 10 -2004) 5227 E. TRENT P.O. BOX 11589 SPOKANE, WA 99211 (509) 535.8783 FAX (509) 534 -0318 1 Rouds -bisurance IN V O I C ET 7476 SPOKA -1 JK 0117(1m SPOKANE RESTAURANT EQUIPMENT) 1750 F TRENT AVE' SPOKA3NE, OVA 99202 s male n'Pat ... ....p ... . ....................... . ::: :::.. ? ?...... ; ; :: s np Aiiiou It >;: 36443 O woo NL'W BOND 104361255 ..... -- ..._.I....... , PERF/PAY BOND SPOKANE VALLEY s .. ...... 3,247.00 Invoice Balance: $ 3247.00 KITCHEN EQUIPMENT PACKAGE FOR CENTERPALCE AT MIRABEAU POINT PARK �r - - L'EASE:R1rT.iTRI�.O,Yh•.CO:f' ,•:�� 1 iT..... :... GF. a. ,. Kitchen = quipment PaO.aae far CenterPlace at Mirabeau F Spokane '%ftwelt, 0 Vadlpv- Spokane, Washington BOTTDI,10: 104361255 CONTRACTOR'S PERF'OR,MIANCE A -D PAYMENT BOND TO DUAL OBLIGEES KNOW ALL META' BY THESE PRESENTS, that (Contrnctor), as Principal, and a corporation of OF SPOKANE. WASHINGTON CASU'A AND SURETY COMPANY (Bonding Company), as Surety, whose principal office is located at are fxrm}y bound unto the State of Washington and the City of Spokane Valley, a political subdivision the State ofWashington, as Obligees, to Ufill tbz obligations of the Frincipal and the SuM. under the Contract to which, refereurx- is bereafisr made, in the amount of $ 21_6 , 435 .2 0 (including Washington State sales tax) for payment nfiersof Principal and Surety bind themselves. their heirs, executors, administ�ors, successors and assigns iomtly and severally, firmly by these presents. WHEREAS, Principal has by writtt.n Proposal dated NOVEMBER 18 '*)nrbffered to eaten into a Contract with the City of Spokane V&Ucy for Contrail No. �c� pursuant to the trots and eonditic� .ordr in the Contract Documents dated —09MMER 20, 2004 NOW, THEREFORE, the condition of this obligation is such that if the.Principal shall faithfizlly perform all the provisions of the Contract on its part, and pay all laborers., rnechanics, subcontractors and material suppliers, and ail persons who supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and indemnify and hold harmless the Obligees fi*om all loss, cost or damage which it may suffer by reason of the failure to do arty of the foregoing, then this obligation shall be nuU and void, otherwise it shall remain in full force and effect. All persons wbo have furnished tabor, materials or supplies for use in and about the work provided fnr in the Contract shall have a direct right of action under this bond, to the extent and in the manner set forth in RCW 39.08. The said Surety for value received hereby stipulates and morees that no change, eatension of time, alteration or addition to the terms of the Contract or to the WORK to be performed tbereunder or the SPECTI7CATIONS accompanying the same shall in an), way affect its obligation on this BOND, and it does bereby waive notice of wny such Chang.., cxterxsion of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIF] CATIONTS. No final settlement between the OWNER and the COMTFtACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsat is6ed. SIGNED Signamm TRH SU DAY Or JANUARY YEA,R20 05 AND SURETY COMPANY SPOKANE RESTAURANT EQUIPMENT, INC. WIMAM H. DAVIS Typed Name ATTORNEY IN FACT Title (SEAL) PRINCIPAL Signa�tre Typed Name AfjK-V0"-r- - Title Appendix B Bond Forms TRAVEL" °��_ASUALTY AND SURETY COMPANY OF A�NLERICA T17 CASUALTY AND SURETY COMP.Ar rA.R1-,•H?�GTOgY CASUALTY COr1PANY U Hartford, Connecticut 06153 -9062 POWER OF ATTORNEY Ae\`D CERTIFICATE OF AUTHORITY OF ATTORINEY(S) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COLNtPANy and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinlfter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: William H. Davis, Thomas V A Davis, of Spokane, Washington, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AiiNfERICA, TRAVELERS CASUALTY AND SURETY CONWANY and FARM1NGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relati thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomcys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Revised (0 1 -03) StandaA Ili' WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY CON PANY OF AMERJCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 3rd day of February, 2003. STATE OF COT.NECTICt.Ff }SS. Hartford COUNTY OF HARTFORD ►1��f1 v' , GASU,� � 3' HRRriDR�- W HARTFORD, t e 1 9 8 2 0 �ODtW.� CONS. o D .�• 'mob gar r �j TRAVELERS CASUALTY AuND SURETY CO,NZPANY OF AN ERJCA TRAVELERS CASUALTY AN'D SURETY CODIPANY FAR- NnNGTON CASUALTY COMPANY By t George W. Thompson Senior Vice President On this 3rd day of February, 2003 before me personally carne GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COA'IPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he /she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. �t,,TETip TAO CERTIFICATE My commission expires June 30, 2006 Notary Public Marie C. Tetreault I, the undersigned, Vice President, Bond of TRAVELERS CASUALTY AND SURETY COINIPAl\'Y OF AMERICA, TRAVELERS CASUALTY AND SURETY COi•'IPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore; that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. IN FITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20TH day of JANUARY 120 05 cT o O � ♦ A. em%a a HARTFORD, < � 1 9 8 2 o o0NN. isy Jo A A. Beckcrleg Vice President, Bond RightFax Norcrass 9/2004 11;56 PAGE 002/002 ax Server �i 57PAtiL TRAVELERS IMPORTANT DISC LO U R E NOTICE OF TERRORISM INSURANCE COVERAGE On Nov, 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act'). The Act establishes a short -term program under which the federal govern"nt will shave in the payment of covered losses caused by certain acts of international terrorism, We are providing you with this notice to inform you of the key features of the Act, and to let you Know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the federal government will pay a share of such losses. SpecIfically, the federal government will pay 90 percent of the arnount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the federal government or an insurer can be responsible at $100 billion, provided that the insurer has met its deductible. Please rate that passage of the Act Aces not result in any change in coverage under the attached policy or band (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that Is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. LUC -1019 (W04) 'Department of Gabor and Industries Prevailing Wage ,� "'• (360) 902 -5335 _ - w«�.Ini.wa.gov /lfrades Liccnsing/Prevailing���age • This form must be typed or printed in ink. • Large, bold numbers match instructions on back of form. • Please allow a minimum of 10 working days for processing. • Once aonroved vour form will be posted online at the above wcbsile Sfi 'EMENT OF INTENT TO PAY P:REVALLING WAGES Public Works Contract $25.00 Filing Fee Required Project Name Contract# 04 -005 Contract Awarding Agency (public agency - not federal or private) Citv of Spokane Vallev =APPIiUV9D FORM WILL- BhiAIGED_ TOy S TAl AbDRESS,j��� Address 11707 E Sprague Ave Suite 106 Contractor, company or agency name, address, city, state &: ZIP +4 City of Spokane Valley 11707 E Sprague Ave Suite 106 Spokane Valley, ;NA 99206 City State ZIP +4 City of Spokane Valley WA 99206 Awarding Agency Project Contact Persoa Phone Stave -,_M. Worley 9.21 -1000 County where work was performed City where work was performed Spokane City of S kane Valle Bid due date (mntlddryy) 11/20/04 Date contract awarded (mm/ddlyy) 12/20/04 Will all work be subcontracted? ❑ Yes ® No Do you intend to use subcontractors? ❑ Yes ❑ No Prime contractor (has contract with the public agency) Contractor Registration 9 City of Spokane Valley Expected job start date (mtnlddf)y) 06/01/05 Do you intend to use apprentices? ❑ Yes ® No CrafUtrader occupation (Do NOT list apprentices) Indicate number of owners expected to perform work_ Estimated no. I of workers ` Rate of 1 hourly pay Rate of hourly fringe benefits Genera I I 2631 .5_0— _ Refrigeration Sheet Metal idorker 01 _3.6��_ .50 Company name Res- tauran. Address 1750 E. Trent Avenue City State ZIP +4 C4pc)kAnp, 992n2 Contractor Registration No. UBI 94 -1 x-95-7 Industrial Insurance Account Number 365 793 -01 Email address Phone number mike @sporest.00m 509 -534 -5500 N. r�. '�� �. - .3, ri�or•:1,8:Y�'(iA _ _ .t _ a APPROVED: Department of Labor and Industries By Industrial Statistician Indicate total dollar amount of your contract i or time and materials if applicable. I S1117 ran VA I hereby certify that the above information is correct and that all workers I employ on this Public Works Project will be paid no less than the Prevailing Wage Rate(s) as determined by the Industrial Statistician of the Department of labor and Induspics / Title wa- sz t?oi IUse Only c4 k;`'_ ,>: Check Number. ❑ $25 or $ Issued By. F700- 029 -000 statement of intent to pay prevailing wages 12 -04 After APPROVAL, send white copy to Awarding Agency. Canary copy — L &I CV v ca CN m 04 C-i 0 O I U) cr ui ui F— z Z ui Cc CL D CY Cj LU 0 C'i cl�-m In a) L9 Lz, C Z�rs Z F- LLJ CEMOOZ U) Lo Q=— a. 0 LU D; LU z 0 LL wcc x w �a a: 0a: I I a.F-0 0 LL ....... ...... .-- 11 a) O 41 m > S, 0 > a) '.4 E a) to c cu O 0 0 m M r fV 0 -0 CL =3 V! CL 0 4J m 41 to 0 =3 0 cr - C: 0 41 L :3 M :3 CL 'o 0 , & .1 0 0 C: C E Lrn - CL M CL cu :3 0 5 u Ln a) 0 Ln -0 u . L.D 4� f- 2 C U V M " 0 Ln 4 � 4-' E cu .2 *§ -a u a CU 0 cr- E u 0 0 — 0 -0 M 4-1 CL c E C: 0 c D Z, 0- �0-