12-188.00 Prosser & Sons: Terrace View Park Swing InstallationCONSTRUCTION AGREEMENT
Prosser & Sons
THIS CONSTRUCTIONAGREEMENT (the "Agreement ") is made by and between the City of
Spokane Valley, a code City of the State of Washington ( "City ") and Prosser & Sons, ( "Contractor ") jointly
referred to as (the "Parties ").
IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows:
1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials,
supplies and equipment and other items necessary for the construction and completion of the Terrace View
Park Swing Set Installation Project (the "Work ") in accordance with documents described in Exhibit 1 and in
accordance with this Agreement [(which are by this reference incorporated herein and made part hereof (the
"Contract Documents ")], and shall perform any changes in the work in accordance with the Contract
Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible
terms in any other Contract Document.
Contractor shall, for the amount set forth in paragraph 4, below, 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 Documents to City's satisfaction, within the time limits prescribed in the Contract Documents.
The City Manager, or designee, shall administer and be the primary contact for Contractor. Upon notice from
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 City, all work shall be performed in conformance with the Contract Documents,
and all City, State and federal standards, codes, ordinances, regulations and laws as now existing or as may be
adopted or amended.
2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to
proceed [or execution of this Agreement] and shall complete the Work no later than November 30, 2012,
except as may be extended in accordance with this Agreement and the Contract Documents.
3. Liquidated Damages. N /A.
,{t�3. ®
4. Compensation. In consideration of Contractor perfo ing g rees to pay Contractor in
accordance with the Contract Documents the sum of $;-iRT00, plus Washington State Sales Tax, based on the
bid submitted by Contractor, and as may be adjusted in accordance with the Contract Documents. This sum
shall include all labor, materials, and supplies necessary to perform the Work, along with any necessary
permits.
5. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application for
payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department
at the below stated address.
Pursuant to Chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City.
City reserves the right to withhold payment under this Agreement which is determined in the reasonable
judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards,
Construction Agreement Page 1 of 6
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City Code, and federal or state standards.
6. Notice. Notice other than applications for payment shall be given in writing as follows:
TO THE CITY:
TO THE CONTRACTOR:
Name: Christine Bainbridge, City Clerk Name: Prosser & Sons
Phone: (509) 921 -1000 Phone: (509) 993 -2840
Address: 11707 East Sprague Ave, Suite 106 Address: 5544 N. Drumheller Street
Spokane Valley, WA 99206 Spokane, WA 99205 -7509
7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with
all applicable federal, state, and local laws, codes and regulations.
8. Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this
Agreement, shall comply with the requirements of RCW 39.12, and shall pay each employee an amount not
less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State
Department of Labor and Industries ( "L &I "). If employing labor in a class not shown, Contractor shall request
a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor
shall provide a copy of any such determinations to City.
Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees
required by L &I and shall indemnify and hold City harmless from any claims related to its failure to comply
with RCW 39.12.
The following information is provided pursuant to RCW 39.12.030:
A. State of Washington prevailing wage rates applicable to this public works project, published by
L &I are located the L &I website address:
https: // fortress .wa.gov /lni/wagelookup /prvWa elg ookup.aspx
B. This Project is located in Spokane County.
C. The effective prevailing wage date is the same date as the bid due date as referenced in the
original request for bids as may be revised by addenda.
A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at
11707 East Sprague, Suite 106, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the
applicable prevailing wages for this project.
9. Relationship of the Parties. It is understood, agreed and declared that Contractor shall be an independent
contractor, and not the agent or employee of City, that City is interested in only the results to be achieved, and
that the right to control the particular manner, method and means in which the services are performed is solely
within the discretion of Contractor. Any and all employees who provide services to City under this Agreement
shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and
actions of all its employees under this Agreement and any liability that may attach thereto.
10. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by
Construction Agreement Page 2 of 6
Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure
pursuant to RCW 42.56 or other applicable public record laws.
11. 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 Contractor's records with respect to all matters covered in this
Agreement. 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.
12. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and
materials performed or installed under this Agreement are free from defect or failure for a period of one year
following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which
warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials,
Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty
provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations
under this Agreement.
13. Contractor to Be Licensed And Bonded. Contractor shall be duly licensed, registered and bonded by the
State of Washington at all times this Agreement is in effect.
14. Insurance. 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 Contractor, its agents, representatives, or employees.
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) form 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. City shall be
named as an insured under Contractor's commercial general liability insurance policy with
respect to the work performed for 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
Construction Agreement Page 3 of 6
property damage of $1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate, and a $2,000,000 products - completed
operations aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the
following provisions for automobile liability, professional liability and commercial general liability
insurance:
1. Contractor's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Contractor.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of
not less than ANIL
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the
signed Agreement. 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 City. Contractor shall be financially responsible for all pertinent deductibles, self-insured
retentions, and/or self - insurance.
15. Indemnification and Hold Harmless. Contractor shall, at its sole expense, defend, indemnify and hold
harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss,
costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating
to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Contractor,
Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law,
subject only to the limitations provided below.
Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising
out of such services caused by or resulting from the sole negligence of City or City's agents or employees.
Contractor's duty to defend, indemnify and hold harmless City against liability for damages arising out of such
services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Contractor,
Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the
negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees.
Contractor's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses
and liability to which it applies, City's personnel- related costs, reasonable attorneys' fees, and the reasonable
value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for
collection, and all other claim- related expenses.
Construction Agreement Page 4 of 6
Contractor specifically and expressly waives any immunity that may be granted it under the Washington State
Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable to or for any third party
under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that
Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor
by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor.
Contractor hereby certifies that this indemnification provision was mutually negotiated.
16. 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.
17. 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.
18. Confidentiality. Contractor may, from time to time, receive information which is deemed by City to be
confidential. Contractor shall not disclose such information without the prior express written consent of City
or upon order of a Court of competent jurisdiction.
19. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal
discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County,
unless otherwise required by applicable federal or state law.
20. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility
criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall
verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at
the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses
an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required
by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier.
21. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be
in Spokane County, State of Washington.
22. Entire Agreement. This 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 signed by the Parties.
23. Anti- kickback. No officer or employee of 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.
24. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register
Construction Agreement Page 5 of 6
with the City as a business.
25. Severabilitv. 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.
26. Exhibits. Exhibits attached and incorporated into this Agreement are:
1. Scope of Work
2. Insurance Endorsements
The Parties have executed this Agreement this day of -X '2012.
I Y OF SPOKANE VALLEY:
Mik a son, City Manager
AT
— hr istine Bainbri ge, ity Clerk
MR.
APPROVED AS TO FORM:
J
Office of @e City Att ey
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.
Construction Agreement Page 6 of 6
Exhibit 1 — Scope of Services
Terrace View Park Swing Set Installation Project
In general, the project consists of installing an owner provided swing set from
Landscape Structures.
1. Terrace View Park is located at 13525 E. 24th Avenue, Spokane Valley, WA
99216.
2. Contractor to:
a. Be a certified playground installer.
b. Install swing set as per manufacturer's recommendations in a location
approved by the City.
c. Remove existing engineered wood fiber and store for reuse.
d. Leave site in the same condition as it was found.
3. CenterPlace representative for this project is:
Mike Stone
Office: 720 -5400
Fax: 688 -0188
mstone @spokanevalley.org
Verify Workers' Comp Premium Status - Employer Liability Certificate
Washington State Department of
Labor and Industries
Department of Labor and Industries
Employer Liability Certificate
Date: 10/31/2012
UBI #: 600 498 907
Business Name: PROSSER & SONS
Legal Business Name
Account #
PROSSER GLEN R
992,607 -00
'Doing Business As' Name: PROSSER & SONS
Page 1 of 1
Employer Liability
Certificate
Estimated Workers Reported: Quarter 2 of Year 2012 "Ito 3 Workers"
(See Description Below)
Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and
paid their premiums.
Licensed Contractor? Yes
License: PROSSS *997LK
Expire Date: 12/7/2012
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).
https: // fortress. wa. gov/ lni/ crpsi /AcctInfoPrint.aspx ?AccountId= 99260700 &AccountMana... 10/31/2012
From:Maegan Chandler FaxID:Andre Romberg Page 2 of 2 Date:11/28/2012 03:38 PM Page:2 of 2
OP ID: MC
ACORD" c:FRTIFICATE OF LIABILITY INSURANCE
DATE
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).
PRODUCER 509 - 624 -3291
Andre - Romberg Ins. Agency, Inc 509456 -0294
S. 400 Jefferson St., Ste. 333
Spokane, WA 99204
CONTACT
NAME:
gICNNo Ext : FAX
AIC No :.
E-MAIL
ADDRESS:
CUSTOMER IDN:PROSS-1
Kenneth R.Johansson - ,V r
INSURERS AFFORDING COVERAGE
NAIC N
INSURED Prosser & Sons _ I
Glen Prosser i;
INSURERA:CSU Producer Resources, Inc
PERSONAL & ADV INJURY
INSURER B: Cincinnati Insurance Company
GENERAL AGGREGATE
INSURERC:
5544 N Drumheller # t�
Spokane, WA 99205 liPA KS. & t{Lt REATION DEPT
INSURER D:
$ 2,000,000
INSURER E:
$
INSURER F :
AUTOMOBILE
'
GUVLKAGLJ %,r- I% r Irrv.r+r c rna+ivIw"IN.
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 MAYHAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
A.
TYPE OF INSURANCE
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
POLICY NUMBER
CS00014847
POL CY EFF
MMIDDIYYYY
11/25/12
PO ICY EXP
MPMIDDIYYYY
11/25/13
LIMITS
EACH OCCURRENCE
$ 1,000,000
AMAG To ENT D
PREMISES Ea occurrence
$ 100,000
MED EXP (Any one person)
$ 1,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS- COMP /OP AGG
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
RO-
POLICY JPECT LOC
$
B
B
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS -
NON -OWNED AUTOS
EBA0053726
12/14/11
12/14/12
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
X
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
.X
$
X
A
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
NIA
CS00014847
STOP GAP
11/25/12
11 /25/13
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y�
OFFICEWMEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
_
ORY IM TS X OER
E.L. EACH ACCIDENT
1,000,000
$
DISEASE EA EMPLOYEE
E.L. -
$ 1'000'000,
E.L. DISEASE- POLICY LIMIT
$ 1,000,000
ommercial Applica
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T
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Certificate holder is named as additional insured with respects to Terrace
View Park Swing set project
(:LKIIFII.AICf1ULUCrc -- -- —
CITYOFS
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WI�L BE DELIVERED IN
CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS.
11707 E SPRAGUE AVENUE STE 106
SPOKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE
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ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD