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15-122.04 Poe Asphalt: Snow Removal Services CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND POE ASPHALT PAVING INC. Spokane Valley Contract# 15-122.04 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Poe Asphalt Paving Inc. mutually agree as follows: 1.Purpose:This Amendment is for the Contract for 2016 snow removal services by and between the Parties, executed by the Parties on 1/13/2016,and which terminates on 12/31/16. Said contract shall be referred to as the"Original Contract"and its terms are hereby incorporated by reference. Total compensation under the Original Contract is not to exceed$70,000.00. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either as follows,or attached hereto as Appendix"A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. See Appendix"A" 4. Compensation Amendment History: This is Amendment #4 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount 01/13/2016 $70,000.00 Amendment#1 for 2017 only 12/20/2016 $50,000.00 Amendment#2 for 2016 only 01/17/2017 $12,318.00 Amendment#3 for 2017 only 02/15/2017 $67,000.00 Amendment#4 for 2017 only 05/09/2017 $15,578.46 Total Amended Compensation for 2016-2017 $214,896.46 The parties have executed this Amendment to the Original Contract this (o day May of 2017. CIT OF SPOKANE VALLEY: CONSULTANT/CONTRACTOR: /l 047 fik Mark Calhoun By: Brian Poe City Manager Its: Division Manager ATT .,Alf. APPROVED ' S TO FORM: p _ stine Bainbridge, City Clerk Office f he City A ey 1 APPENDIX"A" 1.Amend the title of the Agreement to be Agreement for Professional Services—Poe Asphalt Paving,Inc., 2016-2017 Snow Removal Services Contract#15-I22. 2.Amend paragraph 2"Term of Contract"—this Agreement shall be in full force and effect upon execution and shall remain in effect until June 1,2017. 3. Amend paragraph 3 "Compensation" — City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $82,318 for 2016, and $132,578.46 for 2017 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further or additional services for which it will request additional compensation from City without prior written agreement for such services and payment therefore. 2 Exhibit I. Scope of Services—Winter Snow Operations City of Spokane Valley—Public Works Department General The services shall consist of snow removal and deicing application as directed by the City using City owned equipment,materials and maintenance facility. The contractor shall provide qualified operators on a 24 hour/7 days per week on-call basis. Equipment The City maintenance facility is located at 17002 E. Euclid,Spokane Valley,WA. Equipment list: 5 Single axle plow/sander trucks 1 Tandem axle plow/sander truck 3 Single axle plow/deicer trucks 1 F550 Deicer truck 1 Backhoe All equipment used in winter snow operations will be stored and readied for use at the maintenance facility unless otherwise directed by the City. Staffing The contractor shall provide qualified operators for each type of equipment the City owns. The contractor shall provide a minimum of 15 operators to cover 24 hour operations if directed by the City. The contractor shall submit the list of drivers for approval by the City. The contractor may add or subtract drivers from the list at any time by notifying the City. Any additions shall also be approved by the City. The City shall provide mandatory training prior to the beginning of plowing operations. Call to begin work City staff shall contact drivers directly from the driver list submitted by the contractor. Plowing Routes City staff shall direct all winter maintenance operations. Snow plowing priority routes and other information is available on the City's website. The yearly snow plan and routes are subject to change at any time by City staff. Cost of Work The cost of this contract shall be in accordance with the Street and Stormwater Maintenance Contract. Snow removal operations shall be paid at the 90%rates as approved by contractor's union. The City agrees to pay ail direct costs plus an overhead and profit percentage of 22%on direct costs,and 8% overhead and profit on subcontractors. Training required or requested by the City shall be set up and paid for by the City. Each operator attending training shall be paid at the 90%snow removal rate. Exhibit 2 2016 Cost Proposal 2016 2016 Snow Operations-90%wages Overhead and Profit Fee Costs Labor Hourly Overtime Direct Costs 22% Superintendent/Foreman $ 47.85 $ 65.40 Subcontractors 8% Operator $ 44.19 $ 57.76 Teamster $ 42.12 $ 54.81 Laborer $ 39.24 $ 51.86 --r� POEASPH-01 DALLEN A nn CERTIFICATE OF LIABILITY INSURANCE DA1 (MM!DD Srn 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 poiicy(ies)must have ADDITIONAL INSURED provisions or 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 sucChpendorsement(s). NA PRODUCER ME T Stonebraker McQuary APHO NFAX 616 5th St. 758-5529 o,Ext:(509) I(AIC,No) :(50s)758-5311 PO Box 9 Aboass:CustomerService@stonebrakermcquary.com Clarkston,WA 99403 INSURER(S)AFFORDING COVERAGE NAIC it INSURERS:Phoenix Insurance Company 25623 INSURED INSURER B:The Charter Oak Fire Ins Co 25615 Poe Asphalt Paving,Inc. INSURER C:Trawlers Property Casualty Insurance Company 36161 PO Box 449 INSURER D:Idaho State Insurance Fund 37129 Lewiston,ID 83501 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES 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 8E 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. INSR TYPE OF INSURANCE AINSD WVD POLICY NUMBER (MNWODI EFF POLICYr ) LIMITS LTR A I X COMMERCIAL GENERAL UABILITY EACH OCCURRENCEM�SES(ELpuS 1,000,000 CLAIMS-MADE X I OCCUR X TCO1537P996PHX18 11!0112016 11/01/2417 DAMAGE TORENTED 300,000 PRErrencel S MED EXP Nlyoneperson_ S_ _._ 14,000 PERSONAL&ADV INJURY_5 1,000,000 GSA AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ..._S 2,000,000 POLICY X 5EC¢7 LOC 1 PRODUCTS-COMP/OP AGG 5 2,000,000 OTHER: Stop Gap Liab S 1,000,000 B AUTOMOBILE LIABIUTY I CEOMBINED SINGLE OMIT S 1,000,000 accIdent1X ANY AUTO DT8101637P996C0F16 11/01/2016 11/01/2017 BODILY INJURY(Per oerson) 5_ —__ AUTOSCANNED RONLY —AUTTOSSyU�L.�EEDD pBRODILY INJURY(Per accident) 5 X AUTOS ONLY X AUTOS ONLY (Para ud ntl E S ---- S C UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 X EXCESSLIAB CLAIMS-MADE 0TSMCUP1537P996TIL16 11/0112016 11/01/2017 AGGREGATE S 4,000,000 DED X RETENTIONS 10,000 .. 5 D AND EMPLOYERS COMPENSATION STATUTE ERH- ANNYPROPREIEET�ORR/PARTNER/EXECUTIVE V!N 578551 10/01/2016 10/01/2017 EL EACH ACCIDENT S 500,000 ((MandeetRiyr hi NH)EXCLUDED? N I A E.LDISEASE-EAEMPLOYEE 5 500,000 If yes describe under 500,000 DESCRIPTIONdescribe OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is moulted) This Certificate of Insurance neither affirmatively nor negatively amends,extends,nor alters the coverage afforded by the policy or policies numbered in this certificate. The City of Spokane Valley Is additional insured on general liability as respects the 2016 Street&Stormwater Maintenance project Insurance is Primary and Noncontributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE City of Spokane Valley 11707E Sprague Ave Ste 103 .�•=6.,C3aA-s----. ISpokane Valley.WA 99206 ACORD 25(2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD { REDMAN&COMPANY INS PROGRESSIVE' PO BOX 930 • :• ,+ COrflrSlERCIAL RATHDRUM,ID 83858 Policy number: 01422946-5 Underwritten by: United Financial Casualty Company Insured:POE ENTERPRISES INC. CITY OF SPOKANE VAL October 27,2016 11707E SPRAGUE Policy Period:Oct 27,2016-Apr 27,2017 SPOKANE VALLE,WA 99206 Mailing Address United Financial Casualty Company PO Box 94739 Additional insured endorsement Cleveland,OH 44101 1-800-444-4487 For customer service,24 hours a day, Name of Person or Organization 7 days a week CITY OF SPOKANE VAL 11707E SPRAGUE SPOKANE VALLE,WA 99206 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy,but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. limit of Liability Bodily Injury Not applicable Property Damage Not applicable Combined Liability $1,000,000 each accident All other terms,limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number:01422946-5 Issued to(Name of insured) -V " 1 '`"'{ 07-7 Effective date of endorsement:10/27/2016 Policy expiration date:04/27/2017 Fan 1198 toll)