Loading...
12-066.04 AAA Sweeping i'Z- a((. oLi OFFICE OF THE CITY ATTORNEY Sanpoliane CARY P. DRISKELL-CITY ATTORNEY Valley ERIK J. LAMB- DEPUTY CITY ATTORNEY J 11707 East Sprague Ave., Suite 103 •Spokane Valley, WA 99206 509.720.5105 • Fax: 509.688.0299•cityattorney@spokanevalley.org December 14, 2015 AAA Sweeping, LLC PO Box 624 Veradale, WA 99037 Re: Implementation of 2016 option year,Agreement for Storm Drain Cleaning, executed May 11, 2012 Dear Mr. Sargent: The City executed a contract for provision of Storm Drain Cleaning Services on May 11, 2012 by and between the City of Spokane Valley, hereinafter "City", and AAA Sweeping, LLC, hereinafter"Contractor"and jointly referred to as"Parties." The Request for Proposal states that it was for one year, with five optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the fourth of five possible option years that can be exercised and runs through December 31, 2016. The City would like to exercise the 2016 option year of the Agreement. The Compensation as outlined in Exhibit A, 2016 Cost Proposal, includes the labor and material cost negotiated and shall not exceed $189,990. The history of the annual renewals is set forth as follows: Original contract amount .$ 189,990.00 2013 Renewal $ 189,990.00 2014 Renewal $ 189,990.00 2015 Renewal $ 189,990.00 2016 Renewal $ 189,990.00 All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2016 option year, please sign below to acknowledge the receipt and concurrence to perform the 2016 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA SWEEPING, LLC 41111 ./a/ Mike Jacks/City Manager Name Title ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Offic f the y Attorney Exhibit A - 2016 Cost Proposal 2016 Storm Drain Cleaning Services Contractor : AAA Sweeping Task Unit 2016 Rate Structure Cleaning Hour $ 174.61 Laborer Hour $ 58.89 Traffic Control W/ Flagging Hour $ 71.29 Asbsorb Liquid Hold Each $ 48.56 Debris Transfer Hour $ 147.74 are or S�oikane "ley' BOND NO: 105768663 Option Year 2016 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to AAA Sweeping. LLC (Contractor),as Principal,a contract for the construction of the project designated as Storm Drain Cleaning , Project No. 16-013 in Spokane Valley,Washington,and said Principal is required to furnish a bond for performance of all obligations under the Contract. The Principal,and Travelers Casualty and Surety Company of America (Surety),a corporation,organized under the laws of the State of Washington and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,in the sum of One Hundred Eighty-Nine Thousand Nine Hundred Ninety US Dollars($189,990.00 Total Contract Amount,subject to the provisions herein. &00/100 The statutory performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is no required for such increased obligation. This bond may be executed in two (2) original counterparts,and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY Travelers Casualty and Surety Company AAA Sweeping, LLC of A `erica 2 ® /6 r 1/1/2016 Principal lure Date Surety ignature Date Brett A. Sargent Kathy Gurley Printed Name Printed Name Member Attorney-in-Fact Title Title Surety Phone No. 509-358-3800 . I Name,address,and telephone of local office/agent of Surety Company is: ' Wells Fargo Insurance Services USA, Inc. 601 W. First Ave., Suite 800, Spokane, WA 99201 Approved as to form: City of Spokane Valley Attorney,County of Spokane crti cue .0.0Vall~y BOND NO: 105768663 Option Year 2016 CONTRACTOR'S NON-FEDERAL PAYMENT BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to AAA Sweeping, LLC (Contractor),as Principal,a contract for the construction of the project designated as Storm Drain Cleaning •Project No. 16-013 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington(RCW). The Principal,and Travelers Casualty and Surety Company of America (Surety),a corporation organized under the laws of the State of Washington and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept.,.arejointly and severally held and firmly bound to the City of Spokane Valley,in the sum of Rf;'P yua dre. Rglity=N�ne 1,ousand Nine HundE! __ US Dollars (S 189,990.00 1 Total Contract Amount,subject to the provisions herein. The statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, at successors,or assigns shall payall persons in accordance with RCW 39.08 and 39.12 including all administrators, Sn persons who shall allsupply workers,laborer,mechanics,subcontractors,and materialnten,and pp y such contractor or subcontractor with provisions and supplies for the carrying on of such work,and all taxes incurred on said Contract under Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is no required for such increased obligation. This bond may be executed in two (2)original counterparts,and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalfoldie surety. PRINCIPAL(CONTRACTOR) SURETY AAA Sweeping, LLC Travelers Casualty and Surety Company • of evi . • _-- mit_- /ai. LA 4 YW� n $ • Principal i .. e 11 ate . ety Signatu Date r 7174 r Kathy Gurley Printed Name Printed Name �sh ./....7';e:17 6 � e. Attorney-in-Fact Title Title Surety Phone No. 509-358-3800 Name.address,and telephone of local office/agent of Surety Company is: Wells Fargo Insurance Services USA, Inc. 601 W. First Ave., Suite 800, Spokane, WA 99201 Approved as to form: City of Spokane Valley Attorney.County of Spokane Date WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I 421, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 228487 Certificate No. 0 06305675 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Chris Larson,George C.Schroeder,Wm.Dinneen,H. Keith McNally,Kathy Gurley,Erin L.Repp,and Diana R.Williams of the City of Spokane ,State of Washington ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing thq fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or,proceedings allowed by law. • M. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 3rd day of March 2015 Farmington Casualty Company' j St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company ` Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company I.SU 1'LIYI. WF\RE N .. 1."..NS�'w'•, 11V AN "��Y �`-....SG pt A ♦ Oa os ,p6EugFn, ,�+. .1t p�'yov.P.RIr i Fo y� ,,� a A< p QO:- fez.........9 : p 4�9 Z (1 $ -•.^-i-MWTED-: m I PNRA>T; ikicP'P 44'.e�i� " y3� ti 1982 p < 1.977 E 4r< _ cn; f i CORD, < cccT.TT µqt gttygp 1951 WIT,/ �1SEAG;o; �`.S8AL3� �� N• o R .n 1896 • nN i ti asL Ec o•.........:'at'f A..•... CI .,,p / • State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 3rd day of March 2015 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. TAN 't In Witness Whereof,I hereunto set my hand and official seal. trierk W�/" CMy Commission expires the 30th day of June,2016. * °MIA * Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and'effect and has not been revoked. s, t. <. • IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1St day of January 20 16 Kevin E.Hughes,Assistant Sectary g.4+ytp; ro9J BG $ YAf0GI.SV}, 4 ANO _ R dr p% ' <EORFORo\ ;ORNaRPotAED ' CAqTfn (0 _ 1,0%414s-1982o 197 1951 S-1p Hacµo � t0` ' ........... '/AK To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER