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08-078.00 Power City Electric: CenterPlace Auditorium Light Fixture Improvementsti_ AGREEMENT FOR CONSTRUCTION OR SERVICES Power City Electric THIS ACREEMENT is made by and between the City of :Spokane Valley, a code City of the State of Washington, hereinafter "City" and Power City Electric hereinafter "Contractor," jointly referred to as "parties." IN CON'SIDERATION of the tcrrns 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 CenterPlace Auditorium Light Fixture Improvement Project (hereinafter "work ") in accordance with, and as described in Exhibit I (Scope of Work), 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 scope of work, except those items mentioned therein to be furnished by the City of Spokane Valley. The City rblanager, 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 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. ']'his agreement shall be in full force and effect upon execution and shall remain in effect until the project is completed, but no later than August 30, 2008. 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 Cite agrees to pay the Contractor a fee of $1,325.00 plus W.S.S.T. for the work; as full compensation for everything furnished and done under this agreement unless additional work is mutually determined to be beyond the scope of work. In such an event, the parties may mutually agree to execute a change order for the additional work. Agreement for Construction Services Page I of 5 C08 -78 4. Pavincnt. The Contractor in ay elect to be paid in monthly installments, upon prQSCnl;1l.iOil of an invoice to the City, or in a Itt ill p skirl. upon co ill pletion ofthe work, App IicaliorES For payinent0aII he sent to the City Clerk aC the below- SCLited iddress, The City reserves the right to withhold paylllent 41.11der Chi; agretnlenL which is deterlllined, in (lie rc isoiiiable judge nent of the C ily Manager, to be noncem1)1iant with the Contract flans, Con rrdct Documents, or City or State standards_ Notice. Notice shall be given in writing as follows: '10 'I' RE CITY, Name- Christine Bainbridge, City Clerk Phone Number: (509) 921 -] 000 Address: ] 1707 Gast Sprague Ave., Suite ] 06 Spokane Valley, WA 99206 `I'Q TH7: CGNTR.Ac,ra,R: Maine: Power City Electric Phone Number: 535 -8500 Addi.ms: 1'. O. Box 2507 Spokane, WA 99202 , A4yylica hie .I_:aws unit St an(Iwir(Is- The parties, in 1:I1e perfOrrnanCC 0f111i's $grecinelit, agree to comply with al l app I Ic Fib Ic Federal, State and local laws, and Csily ordinances and regulations_ 7_ PrevaiIinf! Wagcs on Pu1)1ic Works. Unless otherwise. requ fired by law, if th is contract is for a'; Pu hl is work" wh i c h is defined as "work, construction, alteration, repair or inll)rovenlent other than ordinal y inai ate nance executed at the cost of (lie City," the folio }vin& pMvision applies= This agreement provides for the consiruction of a public kvork and a payinent of PrevaiIina wages accord i n & to W ash inzgton lake. All workers, laborers or inechanics sha]1 I)e Laid a prevailing rate of wage that is set forth in an Fxhihit to this a &reement_ 80eforC airy p�9ytncn1: 111 ay be ill a(1e lQ CoiiCriid0r ii "S%iI(emenl of :I,il'enC E PRy Prevailing Wages" must be submitted to the. City Following #inn] acceptance of the public Works project, the Contractor and Each subcolltractur ShaII submit all "Affidav]t of Wages Paid" before retained funds w I I be reIL:{Lsed 10 the Contractor. Thu Rf> idilvit mLlst be celtifiod by the industrial statistician of the Departincnt of Labor anti Industries. R. ReIatioinshi1) of the Pa sties. It is hereby understood, agreed and declared that the Contractor shaII be an independent Contractor and not the agent or ern plr}yee of Lhe City, That the City is interested in only the resulrs to be acl1ieve(1, and that the ri &ht to control the paniccu I a r manner, rnetllod and means oF(lie work is solely witliin the d iscretioii of the Contractor. A n and all eli npIoyeCs who provide services Co the, City under th is agree men r s11 a]I be deemed employees offhe Contractor. The Con rractor shall be solely responsible for the Q011du0 L grid acl ions of a l l its em131uyecs tinder th is iigreemeni itild tiny IiabiIiIy that' play atuiiih thereto, 9_ Ownershij) OMOC Uffleats. All drawiin &s, Plans, specifications, and pilncr related docuineilts prepared by the CO11tTaCto]' LLllder this agree ill cnt are and ShaII be rile property of the City, and may be suh.ject to di9C109LLre pursuant to RC:W 42.56 or other applicable })1-1.131 ic record Iaws. 10. Records, The City or Start Aud itnr or any of lwir representatives shall have full access to and the. right fo exam n e dLll'i11 normaI bL1S1]less hours all of the C. on tractor's records with respect to all matters Covered in th LS contract_ S LICh re pre senfatives shall be permitted to and it, examine and make excerpts or transcripts front 9Lich records and to in a k e audits ofaII contracts, invoices_ materials, payrolls and record of matters cave red by th is contract f6r a period of three years from the date final payment is made hereunder. A-rcMCIA For Construction Scnvicrs Ptigc 2 of 5 1 1. Wnrrrinly. Unless provided ocherwise in the Contract Plans or Contract DOCUlnents, C'onl.nicLor xv;Irranis. all %v(1Tk IEn11 1n ate ria12 [performed or instal led under this contract i{re free: from defef.t or t�3i1ure fora period of one year foIIowing final acceptance by the City, unless 9 supplier or manufacturer has a warranty for a greater period, which warranty shilII be aSSigned to the City_ In the event a defect or faiIure occurs in work or Ill aICriaIs, she Contractor shall within the warranty period remedy I. he same a1: no Cosi or expense 10 the Cily- 12. ContntctVr 1-0 Re Lice n .3e,d A q d Bonded, 'The Contrac tor s11 aII be dklly licensed aEld bonded by the Mate of Wa;hinglori �t i I I dines this agree Inent is in effect. 13_ Insurance. The Contractor shall proeklre and maintain #err the dktration of the Agreernerlt, insurance against cIaims for injuries to perS011S OF ditrrlitgge tO property A i c h may arise Cro Ill or in con llection with the }performance of the work lltreunicr by the Contractor, 1:Ile.ir Agents, representatives, employees or Su bC on rrac tors. No Limitation. Contractor's maintenance cif inSllrtulce IS 1,eg41 fired by the agreement shall not be construed to limit the liability of the Contritc(Or 110 the coverage p1- 0vidc {l by Such Insurance, or otherwise limit the C:ity's rccoktrse to any rernedy ZIVZJiIZible iE1: JjLW or i11 equity'_ t1_ Minimum .Scope of Insurance_ Contracror shall obtain insuram:e of 111G types described b6ow- I . Automobile 1_ Iabiliry I113LIra11Ct COVCI -iIlg all owned, rlon- O Wned,111red and leased Vehicles. Coverage shall be Wrillen ari l.nsurxilcc Services Off ice (ISO) from CA 00 01 or a Sktbmi41N Ebrm provident equivalent liability coverage. if necessary, the policy shun be endorsed to provide contracivaI liability coverage. 2. C{ minercial General Liability insurance shat I be written on ISO oc0urrenCc form CG 00 0 and shal l cover I iability arising frorn preen iSeS, operations, independent contractors, products - completed operations: slop gap llabiIiIy, 1)ersonaI injure altd advei tising inIlury, and IiiabiIityasskulled Under all insured con rrxct.'Che Col rinlCrcitlI CreneraI I.:iabiIity insurance s11alI be endorsed ro provide tht; Agere r, a 4 Per Project tldorseme.nt iSO form CG 25 03 11 '35, `l'herc shall be no enclorSerrLent or ill 0111riCation Ofth4 Co Ininercial General Liability insurance for ILbiIityUrisen8 fi'olf1 explosion, collapse or underground 1)ro}perty damage. The City shall be named as an insured under the COR11 "itCI01 "S C:4 Ill 1nercial C'rencrR1 1,W)i1ily iilSlurance policy with respecl-to the %vork performed for the Cvity losing JSC) Add itioIlaI Insured endorsement CCU 20 10 10 01 and Addi6ofut1 1.I1 s4Ered- Coinpleted [operations en dorsemellr CCU 20 37 10 01 or 541bstitute etldorsements providing equiWLIcnr coverage, 3. W0I -kern' Gorllpen5iII iOEE f-overFige as required by the Indusrrial Insurance Iaws o f the 8 ta10 Of WFisllinaton_ 13_ Alinion tan Antounis offrtsw-ancc. Con tractorshaII maintain the following insktr,LFIU llmtts: 1. AutomobileLiability' insurance. with aini nlmklmcarnbilic cl single 1imitt6i- bodily in jkn'y rind property damage of S l ,000;000 per iwci den t. 2. Commercial General Liability insktrancc shall be wrIiten with limits no less that Agreemem For Construction Suvicus Page 3 of 5 .S . - %, $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. C, Other Insuronce Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any IJi$llranee, 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 eovcrrlge. shall not be cancelled by either party, except :+tier thirty clays 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 writlen notice by certified mail, return receipt requested ofa cancellation. D. Acceptability gflnsurerc. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:ViI. I'. Evidence raf C overage. 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 ofthe parties who are additional insureds, and will include applicable policyenciorsenients, and the deduction or retention level. insuring companies or entitles 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. inclenrnifieation and Hold Harmless. The Contractorshall defend, inclernnifyand hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, datilages, losses or suits including attorney fees, arising out of or in connection with (lie 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 ofbodily 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 Iiability hereunder shat) be only to the extent ofthe 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 ofthis section shall survive the expiration or termination ofthe agreement. 15. Waiver. No officer, employee, agent, or other individual acting on behalfof either party, has the power, right, or authority to waive any ofthe conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver ofany other subsequent breach or nonperformance. All remedies afforded in this agreement, or by law, shall betaken 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 (his Agreement for Construction Services Page 4 of 5 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. 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. l� IN WITNESS WHEREOF, the parties have executed this agreement th' day , 2008. 9 CONTRACTOR: - Owner REDACTED Tax I.D. No.: 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. APPROVED AS TO FORM: % -4 & Office UCiorne4y Page 5 of 5 Exhibit 1 — Scope of Services CenterPlace Auditorium Light Fixture Project 1. Provide and install four (4) 6 inch City specified recessed cans with black adjustable spot trims in the Auditorium (as per cut sheets) 2. Fixtures to be controlled via existing lighting control panel and existing dimmer 3. Reconfigure dimmer controller as directed by City. 4. Contract cost to include all permit fees and prevailing wages. S. CenterPlace representative for this project is: -Brian Moat - Office: 688 -0302 -Cell: 701 -1827 -Fax: 688 -1088 -bmoat@spoka.nevallgy.org From: (Debbie VanSlyke: Payne Financial Group, Inc. To: City of Spokane Valley Page: 213 Date: 6/11/2008 9:12:33 AM Cliantf - 41939 POWERCIT ACORDtw CEvtfIFICATE OF LIABILITY INSURANCE UATE /111I8wYYYYI 06 PRODUCER Payne Financial Group, Inc. Courtyard Office Center 827 W. First Avenue, Suite 225 Spokane, WA 99201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC INSURED Power City Electric, Inc. 3327 E. Olive; P.O. Box 2507 Spokane, WA 99220 -2507 114SURER A: Continental Western POLICY EFFEC -IIVE DATE MM1001Y INSURER B: UTAITS INSURER 0: INSURER D: CWP2703210 IN I1RER E: 11101108 COVERAGES THE POLICIES OF INSURANCE_ LISTED BELOW'KAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE©VIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SEE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITICNS OF SUCH POLICIES. AGGREGATE LIMITS S:HMIVN MAY HAVE BE-21 REDUCED BY PAID CLAIMS. INSR LTR D' NSK TYPE OF INSURANCE POLICY NUMBER POLICY EFFEC -IIVE DATE MM1001Y POLICY EXPIRAI ION D - MIRiDD UTAITS A GENERALUABILITY CWP2703210 11/01107 11101108 EACH OCCURRENCE 51,000,000 UAMAGE QO KENTED�C+ 1 R $100,000 X COMIAEHCIAL GENERAL LIAR IUTY CLAIMS MADE a OCCUR MED EXP (Any meaernon) $5,000 PERSONAL ,0. ADV INJURY $1,000,000 X PD Ded:500 GENERALAGOREG:ATE $2,000,000 GEIOL AGGREGATE LIMrr APPITF.S FFR: PRODUCTS - COMPIOP AGO s2,000,000 POLICY X 11!9 I,OC • AIITOMORII.E LIARILITY X ADlY AUTO CWP2703210 11101107 11101/08 COMBINED SNGLE LIMIT (Eaa=idml) $1,000,000 BODILY INJURY We; pmwl) 1 ALI. O'NNFO AUTOS SjCHFDIILFD AUI'OS BODILY INII.IRY de) IPorac00 5 X HIRED AUTOS X N011OWPC;'n AUTOS PROPERTY DA?AAnE R'tu accidam" $ GARAGE LIABILITY AUTO ONLY • EA ACCIDENT I OTHER THAN EA ACC 3 ANY AUTO S AUTO ONLY: AGG • EXCESSfWABRELLA IJABILD-Y CU2703211 11/01107 11/01108 EACH OCCURRENCE $5.000 000 X OCCUR !1 CLAIMS MADE AGGREGATE $5,000,000 S S OFDI.K:TIFJLF S RFTFNTION S • IVORKEHS COMPENSATION AND CWP2703210 11/01107 11/01108 CC LIPAtI DTH E,I- ,F_ACH Ar..CU)F:NT 31,000,000 E-.MPLOYFRS' LIARILITY WA Stop Gap ANY PROPRIFTCRJFARTNCRIFXECUrfVF OFFICER AAEMBER EXCLUDED? E.L. nL4FASF - FA F.L.IFLOYFE $1,000,000 " y r.., 1- '3ourtlor SPF;CIAI PROVEIONS 6clain E.L DISEASE - POLICY LIIArT S 1 OOO 000 OTREK DE SCRIFTION OF OP ERA TIONS I LOCH I IONS 1 VE HPCLL•S I EXCLUSIONS ADOBO BY EN DORSEUENT I SPEC IA L PROVISIONS *Notification due to non- payment of premium will always be 10 days. RE: Centerplace, Mirabeau Point Park - Spokane Valley City of Spokane Valley is an additional insured. City of Spokane Valley Cenderplace 2426 N Discovery PI Spokane, WA 99216 I.ANLCLLH I IUIM OULD ANY OF THX ABOVE 0HSC KIHED POLICIES HE CANC ELL.EU HE FOR THE EXPIRA'I ION TE THEREOF, THE ISSUING INSURER MILL ENDEAVOR TO MAIL 3n* DAYS WRriIEN IICE TO ME CERTIFICATE HOLDER NAXAEO TO THE LEFT, BUT FAILURE TO 00 SO SHALL POSE NO OHLPGAI110N OR UAUIUIY OF ANY KINU UPON THE LVSURI•R. ITS AGENTS Olt AU'IHOyK�ICE.U,.vNEPNESEN ATNL• ACORD 25 (2001108) 1 of 2 #M304580 1DV B ACORD CORPORATION 1988 From: Debbie VanSlyke - Payne Financial Group, Inc. To: City of Spokane Valley Page: 313 Date: 6111/22008 9:12 :33 Afd1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate 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 constitute a contract behveen the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORO 25 -S (2001108) 2 of 2 AM304580