16-002.00 Senske: 2016 Emergency Traffic Control I -floes
AGREEMENT FOR PROFESSIONAL SERVICES
Senske Lawn and Tree Care
2016 Emergency Traffic Control
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington,hereinafter"City"and Senske Lawn and Tree Care,hereinafter"Consultant,"jointly
referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows:
1. Work to Be Performed. Consultant shall provide all labor, services and material to satisfactorily
complete the attached Scope of Services.
A.Administration. The City Manager or designee shall administer and be the primary contact for
Consultant. Prior to commencement of work, Consultant shall contact the City Manager or
designee to review the Scope of Services, schedule and date of completion. The Scope of
Services is attached hereto as Exhibit A. Upon notice from the City Manager or designee,
Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work
and promptly cure any failure in performance under this Agreement.
B. Representations. City has relied upon the qualifications of Consultant in entering into this
Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill
necessaryto perform the work and is familiar with all current laws, rules and
and resources
regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon
personnel shall be made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient
compensation for its timely provision of all professional services required to complete the Scope
of Services under this Agreement.
Consultant shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is
directly attributable to deficiencies in City furnished information.
C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally
employed by professional consultants engaged in the same profession, and performing the same
or similar services at the time such services are performed.
D. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Consultant will accept modifications when ordered in writing by the City
Manager or designee. Compensation for such modifications or changes shall be as mutually
agreed between the Parties. Consultant shall make such revisions in the work as are necessary to
correct errors or omissions appearing therein when required to do so by City without additional
compensation.
2. Term of Contract. This Agreement shall be in full force until December 31,2016.
Either Party may terminate this Agreement for material breach after providing the other Party with at least
ten days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this
Agreement for Professional Services Page 1 of 6
Agreement for any reason by ten days' written notice to Consultant. In the event of termination without
breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to
the termination date.
3. Compensation. City agrees to pay Consultant on a time and materials basis an amount not to exceed
$10,000, at the time and materials rates shown in Exhibit 1. Consultant shall not perform any extra,
further or additional services for which it will request additional compensation from City without a prior
written agreement for such services and payment therefore.
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for
payment shall be sent to the City Finance Department at the below stated address.
City reserves the right to withhold payment under this Agreement for that portion of the work (if any)
which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with
the Scope of Services,City standards,City Code, and federal or state standards.
5. Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: Senske Lawn and Tree Care
Phone: (509)921-1000 Phone: 509-893-3183
Address: 11707 East Sprague Ave, Suite 106 Address: 7115 E. Cataldo Ave,
Spokane Valley, WA 99206 Spokane, WA 99212
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 regulations. Consultant warrants that its designs,
construction documents, and services shall conform to all federal, state and local statutes and regulations.
7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief,
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal department
or agency;
2. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state, or local) transaction or contract under a public transaction; violation of
federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph(A)(2)of this certification; and
4. Have not within a three-year period preceding this application/proposal had
one or more public transactions(federal, state,or local)terminated for cause or default.
Agreement for Professional Services Page 2 of 6
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
8. Relationship of the Parties. It is understood, agreed and declared that Consultant 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 Consultant. Any and all employees who provide services
to City under this Agreement shall be deemed employees solely of Consultant. The Consultant 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 Consultant under this Agreement are and shall be the property of City, and may be subject to
disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic,
mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless
otherwise provided, be deemed the property of City. City shall be permitted to retain these documents,
including reproducible camera-ready originals of reports,reproduction quality mylars of maps, and copies
in the form of computer files, for the City's use. City shall have unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other
material prepared under this Agreement, provided that Consultant shall have no liability for the use of
Consultant's work product outside of the scope of its intended purpose.
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 Consultant'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 Agreement for a period of three years from the date final payment is
made hereunder.
11. Insurance. Consultant 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 Consultant, its agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance. Consultant 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
and personal injury and advertising injury. City shall be named as an insured under
Consultant's commercial general liability insurance policy with respect to the work
performed for the City.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
4. Professional liability insurance appropriate to Consultant's profession.
Agreement for Professional Services Page 3 of 6
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than$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.
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. Consultant's insurance coverage shall be primary insurance with respect to the City.
Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in
excess of Consultant's insurance and shall not contribute with it.
2. Consultant shall fax or send electronically in .pdf format a copy of insurer's
cancellation notice within two business days of receipt by Consultant.
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 Agreement,
Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant
returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the
parties who are additional insureds, and shall 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. Consultant shall be
financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance.
12. Indemnification and Hold Harmless. Consultant 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 Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest
extent permitted by law, subject only to the limitations provided below.
Consultant'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.
Consultant'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)
Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the
extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and
employees.
Consultant'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.
Agreement for Professional Services Page 4 of 6
Consultant 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 Consultant's waiver of immunity under this provision extends only to claims against
Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly
against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13. 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 a 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
14. 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.
15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to
be confidential. Consultant shall not disclose such information without the prior express written consent
of City or upon order of a court of competent jurisdiction.
17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in
Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be
joined as a party in any arbitration proceeding between City and any third party that includes a claim or
claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant
further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that
judgment may be entered upon it in any court having jurisdiction thereof
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness
fees).
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between
the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,
modified or altered except in writing signed by the Parties hereto.
20. 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.
Agreement for Professional Services Page 5 of 6
21. Business Registration. Prior to commencement of work under this Agreement, Consultant 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 Work
B. Fee proposal
C. Insurance Certificates / /
The Parties have executed this Agreement thiK day �� ' "�I' ' 20!
CITY OF SPOKANE VALLEY Consultant:
AAA'„ 4 ,f,AJAL
Mike .ckson, Ci.;l anager P B
I �
. Authoriz d Repre entative
ATT. ,►� APPR VE A O FORM:
J •
A itAL
ristine Bainbridge, City Clerk Office f he C. orney
Agreement for Professional Services Page 6 of 6
Public Works Department
Spokane
\"`
4,„00Valley- 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000♦ Fax: 509.688-0261 • cityhall®spokanevalley.org
December 9, 2015
EXHIBIT 1 —SCOPE OF WORK
2016 EMERGENCY TRAFFIC CONTROL SERVICES
Senske Lawn and Tree Care, Inc. (hereinafter referred to as the CONTRACTOR) shall provide traffic
control support for the City of Spokane Valley (City) from January 1, 2016 to the end of the day
December 31,2016. This work is on-call, at the City's request, and will normally take place outside of
the City's posted business hours.
The CONTRACTOR shall receive dispatches via cell phone and communicate with Emergency
Services (911) and/or the City to assist in incident management. The CONTRACTOR shall be
required to have a member of its personnel arrive at dispatched locations within the City no later than
60 minutes after first notification. Typically, the initial response will be to incidents that would pose a
significant hazard to the traveling public if the hazard is left unattended or not properly guarded with
traffic control. It is anticipated that the CONTRACTOR would need to only dispatch one person and
one truck per incident.
After arrival on the incident scene,the CONTRACTOR's personnel shall:
1. Make an assessment of the situation
2. Provide adequate traffic control or road closures accordingly per the most recent MUTCD
standards and applicable Washington Administrative Codes.
3. Report back to City Public Works personnel via phone on what has occurred, how it was
handled, and to possibly receive further instruction.
4. Document the completed traffic control through digital photo and/or hand sketch plan.
Examples of emergency traffic control events include, but are not limited to:
• Trees, limbs, or other debris that fall onto roadways and cannot be readily removed.
• Flooding of City roadways requiring"WATER OVER TI-IE ROAD" signage.
• Responding to other hazards on the City roadway system such as sink holes.
The CONTRACTOR shall only dispatch personnel with current Washington State Flagger
Certification, with a truck sized and rigged to safely and efficiently assist in the performance of traffic
control. The truck shall be able to adequately carry traffic control signage, materials and equipment to
close roads or divert traffic around the various hazards or events. The City shall provide to the
CONTRACTOR traffic control signage, cones, and other materials to adequately provide the traffic
control,which items shall be returned to the City at the end of the contract term.
SCOPE OF SERVICES -2016 Emergency Traffic Control Services
Page 1 of 2
CONTACT INFORMATION
The CONTRACTOR shall provide a cellular numbers for at least three contacts and list the name of
the contact associated with the number. The CITY shall provide the CONTRACTOR's contact
information to 911 Emergency Services for dispatch of the services described in this document.
The CITY shall provide to the CONTRACTOR a CITY contact and phone number list for the
CONTRACTOR's responder(s)to communicate during and after emergency response events.
MEASUREMENT AND PAYMENT
Hourly rates for time, materials and equipment, as noted in below shall include all labor, material,
skill, traffic control, transportation and equipment necessary and/or incidental to respond to
roadway emergenciesby incident when called on the City to respond. The work shall consist of
providing an initial response to street and storm drainage emergencies, on-call and at the City's
request. Work includes responding and arriving to the dispatched incident location within 60
minutes after notification, making an initial assessment of the situation, providing adequate traffic
control or road closures per the most recent Manual on Uniform Traffic Control Devices
(MUTCD) standards and applicable Washington Administrative Codes, coordinating with the City
Public Works personnel regarding the incident and response by the contractor, and providing
digital photos and documentation of the traffic control set-up.
CONTRACTOR shall record the personnel time for each response event, rounded up to the
nearest one-half hour, starting from the time that the CONTRACTOR's personnel receives the
first dispatch notification for incident response until the CONTRACTOR completes all responses
to dispatches received during an event. An event response shall include multiple dispatched call-
outs when dispatches are continuously received within 60 minutes of each other. The minimum
call-out time for an event response shall be two hours.
The following agreed-upon daily and hourly rates for "Time and Materials" to complete this work
are as follows:
Time and Material Rates
1. Monthly not-to-exceed stand-by cost for CONTRACTOR personnel and truck: $488/month
2. Hourly rate for a CONTRACTOR personnel and truck: $78.00/hour
3. 25 percent mark-up allowed for materials on CITY approved force account work
SCOPE OF SERVICES - 2016 Emergency Traffic Control Services
Page 2 of 2
...-----"*"."111 SENSLAW-01 PURLACHER
A RL� CERTIFICATE OF LIABILITY INSURANCE DA1/22/2015 )
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).
PRODUCER CONTACT
NAME:
Richland Office PHONE 509 946-6161 FAx
Pa newest Insurance,Inc. (AIC,No.Ext):( ) lac,No): (509)946-0715
39�Bradley Blvd. E-MAIL
ADDRESS:
Richland,WA 99352
INSURER(S)AFFORDING COVERAGE NAIC 0
INSURER A:The Cincinnati Insurance Co. 10677
INSURED INSURER B:Homeland Ins Co of New York
Senske Lawn&Tree Care,Inc INSURER C:
400 North Quay Street INSURER D:
Kennewick,WA 99336 INSURER E:
INSURER F:
COVERAGES 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.
IP
NSR ADDLTYPE OF INSURANCE IVSD SUER POUCY NUMBER (MPM//DDY/YYYY) (MM DDIYEFF POUCY YYY) UMITS
LTR INSD WVD
A X COMMERCIAL GENERAL I IABIUTY EACH OCCURRENCE $ 1,000,001
CLAIMS-MADE X OCCUR X ENP0177069 01/28/2015 01/28/2016 PREMISES.Ea occurrence $ 500,001
X WA Stop Gap MED EXP(Any one person) $ 10,001
X Bllkt Addl Insured PERSONAL&ADV INJURY $ 1,000,001
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,001
POLICY X ECT LOC PRODUCTS-COMP/OP AGG $ 2,000,001
OTHER
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,001
(Ea accident)
A X ANY AUTO ENP0177069 01/28/2015 01/28/2016 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
X HIRED AUTOS XUTO
NSWNED PROPERTY DAMAGE $
(Per accident)
$
X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 4,000,001
A EXCESS UAB CLAIMS-MADE ENP0177069 01/28/2015 01/28/2016 AGGREGATE $ 4,000,001
DED I RETENTION$ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE Yn E.L.EACH ACCIDENT _ $ _
OFFICCR/MEMBER EXCLUDED? N/A ----- --'— -- '—--- "'—--
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
It yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Rent/Leased Equip ENP0177069 01/28/2015 01/28/2016 Policy Limit 110,001
B Pollution Liability 7930017960000 01/28/2014 01/28/2016 Per Occurrence 1,000,001
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required)
Certificate holder is added as additional insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Spokane ValleyPolice Precinct THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Spokane Valley
11707 E Sprague Ave,Ste 106
Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE
1
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I1..1,?-21