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11-035.00 Ginno Construction: Discovery Playground Restroom Floor Drain AGREEMENT FOR CONSTRUCTION OR SERVICES Ginno Construction Company THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Ginno Construction Company.,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 Discovery Playground Restroom Floor Drain project(hereinafter "work") in accordance with, and as described in Exhibit 1 (Scope of Services), which is by this reference incorporated herein and made part hereof("Contract Documents"),and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall,for the amount set forth in the Contractor's bid proposal attached hereto,assume and be responsible for the cost and expense of all work required for constructing and completing the work and related activities provided for in the Contract Plans and Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager,or designee,shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of services, schedule, and time of completion. Upon notice from the City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this agreement. Unless otherwise directed by the City,all work shall be performed in conformance with the Contract Plans,Contract Documents,City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts,including the selection of the highest quality materials;so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until April 1, 2011. The City may terminate this agreement by ten days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Contractor a fee not to exceed$1,303.00 plus W.S.S.T. for the materials, as full compensation for everything furnished and done under this agreement. 4. Payment. The Contractor may elect to be paid in monthly installments,upon presentation of an invoice to the City,or in a lump sum,upon completion of the work. Applications for payment shall be sent to the City Clerk at the below-stated address. Agreement for Construction Services Page 1 of 5 Cipt t— OS(, 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. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Ginno Construction Company Phone Number: (509)921-1000 Phone Number: (208)667-5560 Address: 11707 East Sprague Ave., Suite 106 Address: 3893 N. Schreiber Way Spokane Valley, WA 99206 Coeur d'Alene,ID 83815 6. Applicable Laws and Standards. The parties,in the performance of this agreement,agree to comply with all applicable Federal, State and local laws,and City ordinances and regulations. 7. Prevailing Wages on Public Works. Unless otherwise required by law,if this contract is for a"public work"which is defined as"work,construction,alteration,repair or improvement other than ordinary maintenance executed at the cost of the City,"the following provision applies: This agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage. Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties. It is hereby understood,agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City,that the City is interested in only the results to be achieved,and that the right to control the particular manner,method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by the Contractor under this agreement are and shall be the property of the City,and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 11. Warranty. Unless provided otherwise in the Contract Plans or Contract Documents, Contractor warrants all work and materials performed or installed under this contract are free from defect or Agreement for Construction Services Page 2 of 5 failure for a period of one year following final acceptance by the City,unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 13. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury,and liability assumed under an insured contract.The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion,collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operation aggregate limit. Agreement for Construction Services Page 3 of 5 C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a.the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested,has been given to the City,or b. the Consultant shall provide at least 30 days' prior written notice by certified mail,return receipt requested of a cancellation. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract,the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self- insurance. 14. Indemnification and Hold Harmless. The Contractor shall defend,indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers,officials,employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 15. Waiver. No officer,employee,agent,or other individual acting on behalf of either party,has the power,right,or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement,or by law,shall be taken and construed as cumulative,and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement,or to require,at any time,performance by the other party of any provision hereof,shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part thereof. Agreement for Construction Services Page 4 of 5 1 � COPY 16. Assignment and Delegation. Neither party shall assign,transfer,or delegate any or all of the responsibilities of this agreement,or the benefits received hereunder,without first obtaining the written consent of the other party. 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 28th day of February ,2011. CITY OF SPOKANE VALLEY: CONTRACTOR: ‘.5// ///' City Manage Owner Kris Pereira Tax I.D.No.: ATTE: APPROVED AS TO FORM: r.44-41/ City Clerk Office o the Ci brney This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any Page 5 of 5 redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Exhibit 1 — Scope of Services Discovery Playground Restroom Floor Drain Installation Project 1. Project consists of installing floor drains in both sides of the existing restroom at Discovery Playground. Address is 2426 N. Discovery Place, Spokane Valley, WA 99216. 2. Contractor to: a. Remove concrete around the drains. b. Core drill under existing slab to the mechanical room to tie into plumbing. c. Patch floor and other disturbed areas and touch up floor paint. 3. Contract cost to include all labor, materials and supplies necessary to perform the job along with any necessary permit fees and prevailing wages. 4. This is a prevailing wage public works contract. 5. CenterPlace representative for this project is: -Mike Stone -Office: 720-5400 -Fax: 688-0188 -mstoneCalspokanevalley.org ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/8/2011 PRODUCER (208) 664-9783 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Haddock & Associates ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1311 Northwood Center Court Coeur d' Alene ID 83814 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Scottsdale (Swett) Ginno Construction of ID Inc. INSURER B:Liberty Northwest Ginno Construction Co INSURER C:Tower (WorkCare) 3893 N Schreiber Way INSURER D: Coeur d'Alene ID 83815 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) S A X CLAIMS MADE X OCCUR MED EXP(Any one person) S Excluded PERSONAL&ADV INJURY S 1,000,000 BCS0021796 04/01/2010 04/01/2011 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 —I POLICY DTI I JECOT [1 LOC AUTOMOBILELIABIUTY C07156084 2/20/2011 2/20/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) S 1,000,000 B ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S A EXCESS/UMBRELLA LIABILITY XLS0065955 04/01/2010 04/01/2011 EACH OCCURRENCE S 5,000,000 OCCUR CLAIMS MADE AGGREGATE S 5,000,000 DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND X TORY LIAMITS I I OER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 C OFFICER/MEMBER EXCLUDED? WCN000000600 07/01/2010 07/01/2011 E.L.DISEASE-EA EMPLOYEES 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 OTHER Inland Marine Rented/Leased B Contractor's Equipt c07156084 02/20/2011 02/20/2012 Equipt - Others $100,000 ACV/All Risk Deductible $500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is additional insured as respects General Liability for Discovery Playground Restroom Floor Drain Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Spokane Valley EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 2426 N Discovery Place 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Spokane Valley, WA 99216 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. - AUTHORIZED REPRESENTATIVE �) ACORD 25(2001/08) ©ACORD CORPORATION 1988 INS025(0108).05 ELECTRONIC LASER FORMS,INC.-(800)327-0545 Page 1 of 2 Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of 4t•;tt; Employer Liability �``'� 4��� Labor and Industries j �� ,, Certificate Department of Labor and Industries Employer Liability Certificate Date: 03/07/2011 UBI#: 602 056 549 Legal Business Name: GINNO CONSTRUCTION OF IDAHO INC Account#: 849,387-01 'Doing Business As'Name: GINNO CONSTRUCTION OF IDAHO IN Estimated Workers Reported: Quarter 4 of Year 2010 "0" Workers (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: GINNOCI003K3 Expire Date: 5/25/2012 Account Representative: T3 /ROBERT SCRIBNER(360)902-4679 -Email: SCRR235 @lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation(See RCW 51.12.050 and 51.16.190). httns://fortress.wa.gov/lni/crnsi/AcctInfoPrint.asnx?AccountId=8493 8701&AccountManage... 3/7/2011