07-042.00 Modern Homes: Sullivan Park Fireplace DemolitionAGREEKE'N`r FU12 CONSTRUc rtON OR SERV`ICFS
Modern taomes Construction
TI-HS AGRFFM.F,.NT is made by and between the City of Spokane Valley, a code City ofthe State of
Washington, hereinafter "City" and Modern Homes Construction hereinafter "Contractor," jointly referred to
as "parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed. The Contractor shall do all work and furnish all labor, tools,
materials, supplies and equipment for the Sullivan Park Fireplace Demolition Project (hereinafter "work ") in
accordance with, and as described in Sullivan Park Demolition Specifications, and 2006 Standard
Specifications for Road, Bridge and Municipal Construction of the Washington State Department of
Transportation, which are by this reference incorporated herein and made part hereof ("Contract Documents "),
and shall perform any changes in the work in accord with the Contract Documents.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume
and be responsible for the cost and expense of all work required for constructing and completing the work and
related activities provided for in the Contract Plans and Contract Documents, except those items mentioned
therein to be furnished by the City of Spokane Valley.
"I'he City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to
commencement: of work, Contractor shall exercise best efforts to contact the City Manager or designee to
review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall
promptly commence work, complete the same in a timely mariner, and cure any failure in performance under
this agreement.
Unless othenvise directed by the City, all work shall be performed in conformance with the Contract
Plans, Contract Documents, City and State standards. Contractor ac know Iedges review of the Contract Plans
and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of
the highest quality materials, so that all work performed shall be in compliance with current related industry
standards.
2. Term of Contract. "Phis agreement shall be in full force and effect upon execution and shall
remain in effect until August 1; 2007.
The City play terminate this agreement by ten days' written notice to the other party. In the event of
such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date.
Compensation. Pic City agrees to pay the Contractor:
[ *] a fee of $10,805.70 for the work, as full compensation for everything furnished and done
under this agreement.
4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation
of an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall
be sent to the City Clerk at the below- stated address.
Agr event for Constnietion Services Page I of 5
C07 -42
The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City Manager, to be noncompliant: with the Contract Plans, Contract Documents, or
City or State standards.
Notice. Notice shall be given in writing as follows:
"f0'fH.E CITY:
Name: Christine i3ainbridge, City Clerk
Phone Number: (509) 92 1 -1000
Address: 11707 East Sprague Ave., Suite 106
Spokane Valley, WA 99206
TO THE CONTRACTOR:
Name: Pete Bozin
Phone Number:
Mobile: (509) 499 -1387
Address: P.O. Box 534
Nine Mile Falls, WA 99026
6. Applicable L9R'S and Standards. Tlie parties, in the performance of this agreement, agree to
comply with all applicable Federal, State and local laws, and City ordinances and regulations.
7. Prevail inL WaLes on Public Works. Unless otherwise required bylaw, ifthis contract is for
a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary
maintenance executed at the cost of the City," the following provision applies:
This agreement provides for the construction of a public work and a payment of prevailing
wages according to Washington law. All workers, laborers or mechanics shall be paid a
prevailing rate of wage that is set forth in an Exhibit to this agreement.
Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid"
before retained fiends wit I be released to the Contractor. The affidavit must be certified by the
industrial statistician of the Department of Labor and industries.
8. Relationship of the 1'sarties. it is hereby understood, agreed and declared that the Contractor
shall bean independent Contractor and not the agent or employee ofthe City, that the City is interested in only
the results to be achieved, and that the right to control the particular manner, method and means ofthe work is
solely within the discretion of the Contractor. Any aid all employees who provide services to the City under
this agreement shall be deemed employees of the Contractor. The Contractor shal I be solely responsible for the
conduct and actions of all its employees under this agreement and any liability that may attach thereto.
9. Ownershin of Documents. All drawings, plans, specifications, and other related documents
prepared by the Contractor under this agreement are and shall be the property ofthe City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws.
10. Records. The City or State Auditor or any of their representatives shall have full access to
and the right to examine during normal business hours all of the Contractor's records with respect to all
matters covered in this contract. Stich representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls .a»d record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
11. Warranty. Unless provided otherwise in the Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under this contract are tree from defect or
Agreement for Constniction Services Page 2 of 5
failure for a period of one year fol Iowing final Ku Cepl nco by the City, unless a supplier or manufacturer leas it
warranty fora greater period, wh ich warranty shall be assigned to the C;il.y. In the event a defect or failure
occurs in work or materials, the C:ontraotor shalt within the warranty period remedy the same at no cost or
expense to the C ity
12. - Contractor to lie Licensed A ml ]bonded. The Contracinr shall be du lyr IiccTfscd and bonded
by the Statc of Washington at al I times this agreement is in effect.
13. insurancc. The Contractor shat l procure and maintain for the duration of the Agreelnent,
insurance against claims for inj urieS I persons or damage to properry which may arise from or in con ncction
with the performance of the work hereunder by the Contractor, their aIrcnts, representatives, employees or
subcontractors.
No Lirn itation. Contractor's maintenance o[ insurance as rNuire.d by the agreement shall not be cons [rucd s0
limit the Iiahi I ity of the Contractor to the coverage provided by such insurance, or otherwise 1 unit the City's
recourse to any remedy available at law or in equity.
A. Mininium .Scope of .fruura:7ce_ Contractor shall obtain insurance of the types
described below:
I . Auto ill obile Liabil itv insurance covering a I owned, non - owned, hjred and leased
vehicles_ Coverage sllal t be written u i'nstprance Services Office (1 -S0) from CA 00
O1 or a substitute form providing equivalent Lability coverage. if necessary, the
policy shall be endorsed to Vrovide contractual Iiabi1ity coverage.
2. Commercial General Liabi rite i nsurance shall be written on ISO occurrence form
G 00 01 and shall cover IiabiGty+ arisinn from 1) rein ises, operations; independent
con Crac ors, products -completed operations, stop gap IiabiIity, personal injtPry and
advertising injury, and Liabil ity assumed under an insured con lraet. "rhe Commercial
General Liability insurance shall be endorsed to provide the A &gregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall bo no endorsement or
modification oFthe Commercial Genera I Liability insurance for 1 iabiIity arising fro ill
explosion, collapse or underground property damage_ Tlie City shall be named as an
i111surcd under the Contractor's Commercial General Liability insurance policy with
respect to the work lie rformed for the Cvity using ISO Additional Ensured endorsement
CG 2U 10 10 01 and Add itionaI Insured - Completed Operations endorsement C0 20
37 10 01 or substitute endorsements providing equivalent coverage.
3. V4'nrkers' Compensation coverage as required by rhe Industrial Insurance Taws of
the Sttlte of Wti.shington.
B. Minimum A mounts gfInsurance_ Contractor shall maintain the fullowing ill SLnFice
limits.
1. Autornobile Liability insurance with a minimum combined single limit for bodily
injury acrd property damage of $1,000,000 per accident_
2. Commercial General Liability; insurance shall be written with hmi[s no less [hat
$1,000,000 each occurrence, $2,060,000 general of grcgate a,td a $2,000,000
products - completed operations aggregate limit.
Agreement For Construct[on Scrwices Page 3 of 5
C. Other Insurance Provisions. The insurance policies are to contain, or he endorsed to
contain, the following provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self-insurance, or insurance pool coverage maintained by the
City shall be excess of the Contractor's insurance and shall not contribute with it.
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail,
return receipt requested, has been given to the City, or
b. (lie Consultant shall provide at least 30 days prior written notice by
certified mail, return receipt requested of a cancellation.
D. Acceptability of hnsurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not: less than AM-11.
F. Tviclence of Caverae ,e. As evidence of the insurance coverages required by this
contract, the Contractor shall furnish acceptable insurance certificates to the City at the time
the Contractor returns the signed contract. The certificate shall specify all of the parties who
are additional insureds, and will include applicable policy endorsements, and the deduction or
retention level. insuring companies or entities are subject to City acceptance. If requested,
complete copies of insurance policies shall be provided lo. thc.City. The Contractor shall be
Financially responsible for all pertinent deductibles, self - insured retentions, and/or self-
insurance.
14. Indemnification and Hold Harmless. The Contractor shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,
except for injuries .md damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.1 15,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
and volunteers, the Contractors liability hereunder shall be only to the extent.of the Contractor's negligence. it
is further specifically and expressly understood that the indemnification provided herein constitutes the
Contractor's waiver of immunity under industrial Insurance. Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of the agreement.
15. Waiver. No officer, employee, agent, or other individual acting on behalf ofeither party, has
the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded
in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this
agreement, or to require, at any time, performance by the other party of any provision hereof, shal I in no way
Agreement for Construction Services Page 4 of 5
be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part
thereof.
16. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all ofthe
responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent
of the other party.
17. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
18. Arbitration. All disputes arising under this agreement shall be resolved through arbitration
pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of
Arbitration.
19. Entire Agreement. This written agreement constitutes the entire and complete agreement
between the parties, and supercedes any prior oral or written agreements. This agreement may not be changed,
modified, or altered, except in writing and signed by the parties hereto.
20. Anti- kickback No officer or employee of the City, having the power or duty to perform an
official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have
solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person
with an interest in this agreement.
21. Business Registration. Prior to commencement of work, Contractor shall register with the
City as a business.
22. Severability. If any section, sentence, clause or phrase of this agreement should be held to
be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any
other section, sentence, clause or phrase of this agreement.
23. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of services;
2. Insurance Certificates.
IN WITNESS WHEREOF, the parties have executed this agreement this day of
.2007.
CITY OF SPOKANE VALLEY:
City Manager
ATTEST:
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 (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
CONT T
Tax I.I. No.: _ REDACTED
".4500"1 1XM9C#X1W"-4V
if-rice f,r —
Page 5 of 5
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s
SULLIVAN PARK FIREPLACE DEMOLITION
Specifications. Specifications for this project are comprised of the following two components:
1. The "2006 Standard Specifications for Road, Bridge and Municipal Construction" as
promulgated jointly by the Washington State Department of Transportation (WSDO'r) and
the American Public Works Association (APWA), Washington State Chapter, referred to as
the "Standard Specifications ".
2. WSDOT Amendments to the "Standard Specifications".
Scope of Work.
This work includes complete removal and disposal of the fireplace and chimney, repair of roof and
replacement of similar roofing material, sawcutting existing concrete around base of fireplace and
placement of four (4) inches of Class 3000 concrete at the current fireplace location.
The project is located at Sullivan Park on Sullivan Road north of the Spokane River. The project will be
bid lump sum.
Contract time shall begin with the issuance of the Notice to Proceed. A total of five (S) working days will
be allowed for this project.
See Exhibit "A"
Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance agauLst
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, their agents, representatives, employees or
subcontractors.
No Limitation. Contractor's maintentuice of insurance as required by the agreement shall not be construed to
limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types
described below:
1. Autom i e L'ahiL insurance covering all owned, non - owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00
01 or a substitute form providing equivalent liability coverage. ff necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on iSO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products - completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General 'Li abiIity insurance shal l be endorsed to 1Y,'uv'ide- the Aggregate Per Project
EndorsEment ISO form CG 25 03 11 85. There shall be no endmeme t or
rnodi 5calion of the Commercial General Liability insurance for liability arising from
explosion, collapse or underground property damage. The City shall be nrcmed as an
insured wider the Cori [ritcigr's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO Additional Insured
endorse anent CG 20 10 10 01 and Additional insured - Completed Operations
endargement CG 20 37 10 01 Or substitute endorsements providing equivalent
coverage.
3. Workers' Compensaiion coverage as required by the J nd t0xial Insurance laws of
the State of Washingtorn.
ii_ Minimum A;'r ewusoflnsrrrance_ Contractor shal lmainWTI the fol1mying insurance
111n i ts.
] _ Automobile LiabiIiI.y insurance with a minimLim combined sicigIe limit for bodily
injury and property damage 0f$1,000,000 per aG6deRl
2. Coirm.mq vial General Liability insurance shall be written with Iimits no less that
$1,000,000 each occurrence, $2,000,000 general a gegate and a $2,000,000
products - completed Operations ZI ggre;atr lirnit.
C. other ipisurance Pr visions. The ins uraF e pol icier are to contain, Or be endorsed to
contain, the V1owino provisions for ALItomobile.LiabiIityand Commercial Gmieral Liability
Lnsurance;
1, 'fhe Contractor's insurance coverage shal I be priinary insurance as respect the
City_ Any Insurance, sell - insurance, or insurance pool coverage maintained by the
City shall be excess Of the CoriIm[or's insurance and shall not contribuIc wiIh i4.
2. Cancellation of [ owwl(ant's insurance shall be governed by either:
a_ the poIIcy Eli all be endorsed to sta4e that coverage shall not be cancelled
by either party, except after thirty days; prior written notice by certified
mail, return receipt regrested, has been given to the City, or
b_ the Consultant shall provide at Ieasl 30 days prior written notice by
certified mail- return receipt rec]uestvd of a e8116e11atioEl.
D, Accepta&IR3 -of hiyurer.v- Insurance in to be placed with insurers with a current A. M.
Best. ratiiia of not less than A; V11.
B. Evidence of Coverage. As evideiECe off` [hc insurance coverages required by this
contract, the Contraclor shall fumish acceptable insurance certificates to the City at the time
the ContmtorvuWuns the signedcontract_ The certificate shall specify o I I ofihe parties loo
are additional insureds, aid will include app Ii cab] e policy endorsements, and the deduction
or retention level. insuring companies or Emriiics arc subject to City aEccept�mce. If
requested, complete copies of insurance policies shall be provided to the City. The
Contrautor shall be financially responsible for all pertinent deductibles, self insured
retentions, and/or self insurance_
Prevailing Wages on Public Works. Unless otherwise required by law, i this contract is for a "public
work" which is defined as "work, construction, alteration. repair or improvement other than ordinary
maintenance executed at the cost of the City." the following provision applies:
This agreement provides for the construction of a public work and a payment of prevailing
wages according to Washington law. All workers. laborers or mechanics shall he paid a
prevailing rate of wage that is set forth in an Exhibit to this agreement.
Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid"
before retained funds will be released to the Contractor. 'Ilse affidavit must be certified by
the industrial statistician of the Department of Labor and Industries.
Business REgistration.
Prior to commencement of work, Contractor shall register with the City as a business.
EXHIBIT "A"
VAN PARK FI
R
1
Remove and
Dispose Chimney
Patch Existing Roof with
Similar Material
Remove and Dispose
Fireplace. Base Dimensions
Replace with d" Concrete
Class 3000.
MAY. 2 i. 2007 i 1:10AM -.' SPOKANE VALLEY NO. 1 10 �, 6
BID PROPOSAL
PROJECT NTUNI.EER: 07 -016
PROJECT TITLE: Sullivan Park Fireplace Demolition
NAME
r
I: i
i2
RECEIVED
MAY 2 5 n7
CITY OF SPOKANE VALLEY
ID, 5 c�'
U C --i 0 cz_ 60,
Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder
may withdraw his bid after the hour set for the bid closing except under the conditions explained
in the Information to Bidders Section.
TIME TO COMPLETE: The contract shall be completed in Five (5) working days from the date
of commencement stipulated in a Notice to Proceed.
The undersigned hereby certifies that (he/they) (ha_/have) personally examined the location cad construction details
of work as outlined on the plans and specifications for the above project and (haslham) read thoroughly and
understands the plans, specifications, and contract governing the work embraced in this improvement and the
method by which payment will be made for said work and hereby proposes to undertake and complete the wot'lt
embraced in this improvement in accordancz with said plans, specifications, and contract and at the following
schedule of rates and prices:
(dote: Unit prices for all items, all extensions, and total amount of bid must be shown.)
All prices shall be io legible figures (not words) written in ink or typed.
rrEM9
ITEM DESCRIPTION
UNITS
QUANTITY
PRICE(UNIT
TOTAL AMOUNTS
1
SULLIVAN PARK FIREPLACE
AND DISPOSAL
L.S.
L.S.
L.S.
I
DEMOLITION
SALES TAX @ 8.6%
TOTAL.
�U
to f (30.
Name:
personlenti ' submitting bid (print)
Saiure: % !y
V
Title: OW N -< ?'r
Date: 0S- a -� - 0-7