06-064.00 Spokane Rock Products: Argonne Overlay Project• -. - .
i
City of Spokane Valley
Contract
T H1S f1GREEMF.NT, made and entered into this ~~ day of ~uh llS T ,
200b; behveen the "1 he City of Spokane ~~alley under and by virtue of'1°itle 35 RC~~+~, as
amended and Spokane Rock Products, lnc. hereinafter called the Contractor.
That in consideration of the terms and conditions contained herein and attached and made
a part of this agreement, the parties hereto covenant and agree as follows:
'the Contractor shill do all work and furnish all tools, materials, and equipment
for:
The improvement of F.A. Project STYUL-1041.(012) City Road Project OS-OQ7 -
Argonnc Road Overlay Project from Indiana Avenue to A7nntgomery Avenue by
grinding and overlaying the asphalt surface to a depth of 2 inches, traffic si;nal
detection system modifications, pavement repair, utility adjustments, striping,
removal and replacement of sidewalk handicap ramps, concrete pavement, and
other work. °Chis fvork iS included in the proposal for the Base .Bid and Alternate 1
(Argonne lsland).
Ili accordance with and as described in the attached plans and specification, and the
standard specification of the ~~-~ashington State Department of'I`ransportation which are by this
reference incorporated herein and made part hereof and, shall perform a<ly chanties in the work
in accord wish the Contract 17ocuments.
The Contractor shall provide acid bear the expense of all equipment, work and labor, of
any sort whatsoever that may be required for the transfer of materials and for constricting and
completing the work provided for in these Contract Iaocuments except those items mentioned
therein to be fuilushed by the City of Spokane Valley.
iT. The City of Spokane ~~alley hereby promises and a~nees with the Contractor to
employ, and does employ the Contractor to provide the materials and to do and
cause to be done the above. described work aiid to complete and finish the same in
accord with the attached plans and specification and the terms and conditions
herein contained and hereby contracts to pay for the same according to the
attached specifications and the schedule of ~u~it or itenuced prices at the time and
in the manner and upon the conditions provided for in this contract.
III. 'hhe Contractor for himself/herself; and for tuslhers heirs, executors;
administrators, successors, and assigns, does hereby agree to full performance of
all convenants required of the Contractor i.n the contract.
Cob-64
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4 ~ Y
IV. It is further provided shat no liabilih~ shall attach to the City of Spokane Valley by
reason of entering onto this contract, except as provided herein.
IN ~~-RTI~tESS `VHFREOI~; the Contractor has executed this instrument; on the day and
year first below ~Titten and the City of Spokane Valley has caused this instrument to be
executed by and in the name of the said City of Spokane Valley the day and year first
above written.
Executed by Contractor GI.I,S 3 2006.
~5~'H~~T 1~1 yIS ! onl Ybl-1r.~ ~Cv~
~'PD ~~ ~ IRS ~2o0U~S r I ,N~
(Cuntracttrr)
Executed by the Local Agency ~~ 6 2006.
ley: `~~
Taate: ~~/~ ~2DO~
(Isital Agency ,lppmving Authority)
>~y:
(L,c-cal A cy Attorney)
.-
1-07 LF~:~L RFLA`I"f0~'S AND RI;SYUNSTIiIL1TiF.S TO 'Ttf.E PUBi.,IC
1. The work is in accordance with the. contract plans or approved stage
construction plans,
2. 'fhe work. is on a section of raadw;ty required by the. contract to be opened to
public trafi'ic, antl
3. The traffic control is in accordance with the approved tall'ic control plans.
if u•aRic is relocated to another section ol'rraadwary, the Contactor shall resume •
responsibility for the work until such time as the. section of raadwtry is again open to
public trxllic or the Contractor submits x written request for work that is completed to a
point where. relief can be granted in acwrdancc with Section I-07.13(2).
1.07.13(4) Repair of Damage
The Contractor shall promptly repair all damage to either temporary or permanent
work as ordered by the engineer. For damage qualifj'ing for relief wader Sections
i-07.130), 1-07.13(2) or 1-07.13(3), payment will be. made in accordance with
Section 1-09.4 using the estimated bid itcrn "Rcimburscrttent forTltird Party Damage°•
In the. event the Contracting Agency pays for damage to the Contractor's work or fc~r
damage to the Contractor's equipment caused by third parties: any claim rite Contractor
had or may have had against the third party shall be. deemed assigned to the Contracting
Agency, to the extent of lire Contracting agency`s payment for such d.unagc.
1'aytnertt will be limited to repair of damaged work only. vo payment will be made:
for delay or disniption of work.
ror the purpose of pro~•iding tr common proposal for all bidders, the Contacting' ,
Agency has entered an amount for "Reimbursement For Third Party Dtimage" in the
proposal ro tsecome a part of the total bid by the Contractor.
1-07.13 Rc~ponsibilit}• for Damage
The State, Cioventar, Commission, Secretary, xnd all officers trod employees of11tP~
State, including but. not limited to those of the Dcpartmcnt, ~~`ill not he responsible in i
any mamtcr: for an}' loss or damage that may happen to the work or any part; tar any ,
loss of material or damage to any of the materials or other things used ar employed in "
the performance of work; for injury to or death of any persons, either workers or the
public; or for damage to the public for any cause which might hxvc been prevented byth
Contractor, or the workers, or anyone employed by the Contractor.
The Contractor shall be responsible. for any liability imposed by law for injuries to;
or the death of, any persons or damages to property resulting from any cause whatsoever
during the pcrforntance of the work, or before final acceptance.
Subject to the limitations in this section, the Contractor shall indcmnif}•, defend,
and save. harmless the State, Governor, Commission., Secretary, turd all officers and
employees of the State from all claims, suits, or actions brought for injuries to, or duythy
of, any persons or damages resulting Cn)m construction of the work or in consequence. ,
ofany rtcgligcnce regarding the work, the use of any irnprapcr materials in the wo;9:, 1
caused in whole or in part h}' any act or omission by the Contractor or the agents ar 1
employees of the Contractor during perfonttancc or at any tune befvre final acceptaoce~
In addition to any remedy authorized by law, the State tray retain su much of the manes
due the Contactor as deemed necessary by the Engineer to ensure indemnification ens
disposition has been made of such suits or claims.
Pai;c 1-fit
IOOfi .Standard Specifrcalivns . AI
I,ECAL RrL.ATION5 Ai\°D RFSPO\`Sfi31L["I'IFS TO "1'tll?. PUBLIC I-07
Subject to the limitations in this section, the Contactor shall indemnify, defend, xnd
save harmless any county, city, ar region, its ofhceis, and employees canncctcd with the
~sork, within the limits of which county, city, or region the work is being perlurmcd, all
in the same manner and to the same. extent as provided above for the protectiitn of the
State, its atTiccrs and employees, provided that no retention of rnancy due the Cantreetor
be made. by the State except as prrrvidcd in 1tC1rJ 60.2$, pending disposition of suits or
claims for damages broug]tt against the county, city; or district. •
The Conp•actor will not be required to indemnify, defend, or save harmless the
indemnitcc as provided in the preceding parigaphs of this si.•clion if the claim, suit, or
anion for injuries, death, or damages i caused by the sole negligence of the indemnitee.
IVherc such claims, suits; or actions result from the concurrent negligence of (a) the
indemnitce or the inelemnitec?s agents or employees and (b) the Contractor or the
Contractor's agent or employees, the indemnity provisions provided in the preceding
'itaragraphs of this section shall be valid and enforceable only to the cxtcni of the
CUr;tractor's negligence or the negligence. of its agents and employees.
t The Contractor shall bear sole. responsibility for damage to completed portions of
'thcprojee.t and to prolerty located otTthe project caused by erosion, siltation, runolJ; or
otl;er related items during the consta-ttction oftlte project, The Cantrictar shall also bear
sole responsibility for any pollution of rivers, sU•earns, bround water; cn• other waters that
iwy occur as a result of construction objations.
The Contractor shall exercise all accessary;n•ecautions throughout the life of the
'rojeia to prevent pollution, emsioti, siltation, and damsige to property.
The Contracting agency will forward to the Contractor all claims filed against
. State according to RCW 4.92.100 that are deemed to have arisen in relation to the
Contractor's wont or activities under this contact, and, in the opinion of the Contacting
:i4ertc}•, are subject to the defense, indemnity, and insurance provisions of these Standard
pccifications. Claims will be deemed tendered to the Contractor trod insurer, who
ha; named the State as a named insured or an ;ilditiontd insured under the contact's
insurance provisions, once the claim has begat farwxnfcd via certified moil to the
C~otttrxcior. The Contractor shall be responsible to provide a copy of the cl;iim to the
G~ontrxcior's designated insurance :agent who has obtaineiUmet the contract's irtsuance
~,-avision rcquirentents. •
~R'ithin GO calendar days following the date a claim is sent by the Contracting
Agrncy to the Contractor, the COn[Cal'tar shall notify the Claimant. and ~I+SDOT (Risk
1~4anaeement Oll7ce; !'O I3ox 47415, Olympia, WA 98504-7415) of the followinf;:
~a. whether the claim is allowed Ar is tlcnied in whole or in pan, and, ifso, the
specific reasons for the denial oftlte individual claim, and if not denied in full,
when payment has been or will be made to the claimant(s) far the portion ol'thc
claim that is allowed, or
b. if resolutign negotiations are continuing. In this event, slants updates will be
reported no longer than every 60 calendar da}'s until the claim is resolved or a
lawsuit is tiled.
if the Contactor fails to provide the above notification within GO calendar days,
t:n the Contractor shall yield to the Contracting Agency sole and exclusive. discretion
. allow all or part of the claim on behalf ofthc Contactor, and the Conh•xctor shall
be deemed to have 11'AI VI;D any and all defi:nsce, objections, or other tn•oidances
to the Contracting Agency's allowance. of the claim, ur tt-e amount allowed by the
Specifiralivrrs 5141-l0
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