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12-019.00 Electric City: Precinct Exterior Lighting 1 AGREEMENT FOR CONSTRUCTION OR SERVICES Electric City,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Electric City,Inc.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 Exterior Lighting Project at the Spokane Valley Police Precinct Building(hereinafter"work")in accordance with,and as described in Exhibit A(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 March 15, 2012. 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 $2,967.00 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,o r in a lump sum,u on completion of the work. Applications for payment ment shall be sent to the City Clerk at the below-stated address. 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. Agreement for Winter Maintenance Services Page 1 of 5 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Electric City,Inc. Phone Number: (509)921-1000 Phone Number: (509)536-6292 Address: 11707 East Sprague Ave., Suite 106 Address: P.O. Box 11707 Spokane Valley, WA 99206 Spokane Valley, WA 99211-1707 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. Not applicable. 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 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. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: Agreement for Winter Maintenance Services Page 2 of 5 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. 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. Agreement for Construction Services Page 3 of 5 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. 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 Agreement for Construction Services Page 4 of 5 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: A. Scope of Services B. Insurance Certificates IN WITNESS WHEREOF the parties have executed this agreement this b�' P day of ,2012. CITY OF SPOKANE VALLEY: CONTRACTOR: Ci ! Owner Tax I.D.No.: . REDACTED ATTEST• APPROVED AS TO FORM: c ?. ey O ity Clerk Office of�the City A 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. Agreement for Construction Services Page 5 of 5 Exhibit 1 — Scope of Services Police Precinct Exterior Lighting Project • Project consists of illuminating the south exterior of the Police Precinct. Address is 12710 E. Sprague Avenue, Spokane Valley, WA 99216. • Contractor To: a. Provide and install six (6) fixture brackets that will mount to existing light poles. b. Provide and install six (6) 150-watt Metal Halide Floodlights. c. Connect fixtures to existing exterior lighting circuit. d. All work to be completed with proper permits and per code upon final inspection. e. Clean up area upon completion. • Contract cost to include a ll labor, materials and su pp lies necessary ry to perform the job as outlined by the Police staff along with any necessary permit fees and prevailing wages. • This is a prevailing wage public works contract. • Parks & Recreation representative for this project is: -Mike Stone -Office: 720-5400 -Fax: 688-0188 -mstonePspokaneval lev.orq 7 ® DATE(MM/DD/YYYY) a R° CERTIFICATE OF LIABILITY INSURANCE 11/26/2004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. 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). RODUCER CONTACT NAME: Williams Associated Agents Group Inc. PHONE (509)(509) 928-7528 �A/C,Nc>:(509) 924-4788 PO Box 13008 - E-MAIL illiams @aa i.us ADDRESS:�f g Spokane, WA 99213 I E J'— I PRODUCER t►=�,L_t V L-D CUSTOMERID#: INSURER(S) AFFORDING COVERAGE NAIC# JSURED ELECTRIC CITY FEr3 i 0 'I.61'/., i INSURER A: Sentinel Insurance Company INSURER B: PO BOX 11707 PARKS &RECREATION DEPT. INSURER C: SPOKANE VALLEY, WA 9211 INSURER D: 509-536-6292 INSURER E: INSURER F: ;OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS rR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE l O RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 01012012 01012013 PERSONAL&ADVINJURY $ 2,000,000 52SBAPV4286SC GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY PRO-JECT 7 LOC • $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS ' BODILY INJURY(Per accident) $ SCHEDULED AUTOS 52UECJH13O1 01012012 01012013 PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ - $ x UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE 52SBAPV4286SC 01012012 01012013 _AGGREGATE $ 1,000,000 — DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A_ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) ertificate holder also listed as additional insured. ;ERTIFICATE HOLDER CANCELLATION Spokane Valley Parks & Recreation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. 2426 N. Discovery Place THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Spokane Valley, WA 99216 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZ EPRES ATIVE • I .., X ' ' ___ ©, :8;-200 ORD CORPORATION. All rights reserved. 1CORD25(2009/09) The ACORD name and logo are registered marks of ACORD I Verify Workers' Comp Premium Status -Employer Liability Certificate Page 1 of 1 Washington State Department of Employer Liability Labor and Industries ,1, Certificate t Department of Labor and Industries Employer Liability Certificate Date: 02/06/2012 UBI#: 602 782 445 Legal Business Name: ELECTRIC CITY INC Account#: 853,876-01 'Doing Business As'Name: ELECTRIC CITY INC Estimated Workers Reported: Quarter 4 of Year 2011 "11 to 20 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: Multiple Active Licenses Account Representative: T1 /JAN BENTLEY(360)902-4652 - Email: STRO235 @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). httnc•//fnrtracc117Q rtnv/lni/rrnci/Arr fin fnArintacnv'AnnnnntTA 25 27AM RT A nor-1111,11U arta ch. /ti/')(11')