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18-013.00 AAA Sweeping: Storm Drain Cleaning Svcs 18o3 CONSTRUCTION AGREEMENT <AAA Sweeping,LLC> THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and AAA Sweeping,LLC,("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 Storm Drain Cleaning Services(the"Work")in accordance with documents described in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as 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 performing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, 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 within the times specified in the Contract Documents,as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. None 4.Compensation. City agrees to pay Consultant on a time and material basis up to a maximum amount of $202,587.50 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 a prior written agreement for such services and payment therefore. 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 address stated in paragraph 6. 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 for that portion of the work(if any)which is Construction Agreement Page 1 of 7 determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards,City Code,state standards,or federal 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:AAA Sweeping,LLC Phone: (509)720-5000 Phone: (509)922-1363 Address: 10210 East Sprague Avenue Address:3808 N.Sullivan Rd.Building 107-B Spokane Valley,WA 99206 Spokane Valley,WA 99216 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. 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 statutes 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. 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. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, 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 chapter 39.12 RCW. Construction Agreement Page 2 of 7 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 at the L&I website address: https://fortress.wa.gov/ln i/wagelookup/pry W agelookup.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 and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Public Works Department located at 10210 East Sprague Avenue,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in 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. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor 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. 12.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,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. 13.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. 14.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. 15.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor may elect to have the City retain 50%of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). Construction Agreement Page 3 of 7 16. 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, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. 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 additional 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 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, and no less than 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 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. 3.If Contractor maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability Construction Agreement Page 4 of 7 maintained by Contractor,irrespective of whether-such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. 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, Contractor shall furnish acceptable insurance certificates to City at the time Contractor 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. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. F.Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13. 17.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 City harmless 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 City harmless 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 5 of 7 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. 18.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. 19. 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. 20.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. 21.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 of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. 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 shall be included in every subcontract of every tier. 23.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 24.Entire Akreement. 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. 25. Anti-kicltback. 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. Construction Areement Page 6 of 7 26.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business if it has not already done so. 27.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. 28.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Cost Statement C. Insurance Endorsements -�}� ' / The Parties have executed this Agreement this ! day of /ill,/ ,208 CITY OF SPOKANE VALLEY: Contractor: Maitk Cidif-&tA Mark Calhoun,City Manager By: Its: Authorized Representative ATTEST' Christine Bainbridge,CI Clerk i APPROVED AS TO FORM: "-- t,Q14/(1 Off of the •. Attorney Construction Agreement Page 7 of 7 Exhibit A: Scope of Work Storm Drain Cleaning Services SVPW Contract#18-013 The following are herein incorporated by reference and are part of this contract to be executed as the scope of work: 1. "Specifications for Storm Drain Cleaning Services"as attached and described in the Request for Proposal packet. 2. Also incorporated into the Contract Documents by reference are: a. Manual on Uniform Traffic Control Devices for Streets and Highways,currently adopted edition,with Washington State modifications, if any General Description of Work: General work includes the regular and as-needed cleaning of culverts, pipes,vaults, drywells,catch basins, inlets,and other stormwater facilities. The Contractor will be required to supply an Eductor- equipped truck continuously and full-time during non-freezing weather for approximately six months and supply the associated traffic control for arterial streets as required. Collected debris will be transported and disposed of by the Contractor at the Spokane Valley Regional Decant Facility, 12116 E. Montgomery Ave. City approved loads collected with absorbents will be held for a short residence time until the load can be transferred by the Contractor to proper disposal locations as directed by the City. r-- . . . . . / . -- • xZZ k E, I � 1KIGI I � MII - _ / I/ • } � � ! # �o0 ! iii! A ___ L-&t,\ k lulfil I » 1111111.n. \ , ) § ! § § k ))) ' ) , \ . R :/ m �f• \ _ % w ■ \ a ` �f- !; ■ N Z al } � � /§{! � , / P ( 2 ce)( §- `!J- « . » § § — vi !! � ! J � ! § 2k ' - !;! co ! |)!! 0 ® CO C / \ \ ' /)) I \ //ƒ\\\\ 0 §) 2 CO U 2 31 .1111111 ATTACHMENT A SjokiTY e SPECIFICATIONS FOR STORM DRAIN CLEANING SERVICES May 2018 (This Page Intentionally Left Blank) Page ii ATTACHMENT A- Specifications for Storm Drain Cleaning TABLE OF CONTENTS 1 SUPPLEMENTAL CONDITIONS 1 THIS CHAPTER INCLUDES CONTRACT MANAGEMENT PROVISIONS AND REQUIREMENTS FOR PAYMENT APPROVAL. 1.1 WORK SUMMARY 1 1.2 CONTRACT TYPE 1 1.3 CONTRACT ADMINISTRATOR 1 1.4 ONE GENERAL CONTRACTOR 2 1.5 COORDINATION OF CONTRACT DOCUMENTS 2 1.6 CONTRACT TERM AND OPTION YEARS 2 1.7 COMPENSATION 2 1.8 CONTRACTOR REQUIREMENTS 3 1.9 EXAMINATION OF WORK SITE 3 1.1 CONTRACTOR SUPPLIED EQUIPMENT,MATERIALS&SUPPORT FACILITIES 3 1.11 CHANGES,CORRECTIONS,AND CLARIFICATIONS 4 1.12 PREVAILING WAGES 5 1.13 PAYMENT AUTHORIZATION 5 1.14 ADDITIONAL OPTION YEARS&FEE ADJUSTMENT 6 2 GENERAL SPECIFICATIONS 88 THIS CHAPTER DISCUSSES GENERAL ITEMS FOR THE CONTRACTOR AND CITY TO PERFORM IN PREPARATION OF EXECUTING THE WORK. 2.1 WORK PLAN 88 2.2 WORK TERM 88 2.3 CONTRACTOR'S EMPLOYEES 8 2.4 EDUCTOR TRUCK CERTIFICATION 99 2.5 SAFETY&ACCIDENT PREVENTION 1010 2.6 EMERGENCIES 1111 2.7 PRESERVATION OF PROPERTY 1111 2.8 ILLEGAL DUMPING 11 2.9 URGENT SITUATIONS,COMPLAINTS,AND DEFICIENCIES 1212 2.10 INSPECTIONS&REPORTING 1313 3 WORK SPECIFICATIONS 1616 THIS CHAPTER DESCRIBES THE FIELD WORK TO BE PERFORMED BY THE CONTRACTOR INCLUDING STANDARDS, SCHEDULE,QUANTITY,LOCATION,MEASUREMENT AND PAYMENT. 3.1 STRUCTURE CLEANING 1616 3.2 TRAFFIC CONTROL WITH FLAGGING 1717 3.3 ABSORB LIQUID HOLD 1818 3.4 DEBRIS TRANSFER 1919 Page i (This Page Intentionally Left Blank) Page ii ATTACHMENT A- Specifications for Storm Drain Cleaning 1 SUPPLEMENTAL CONDITIONS This Chapter includes contract management provisions and requirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley(City)has a population of 96,622 residents and covers a geographic area of over 38.5 square miles. The City was incorporated in March 2003. The City contracts for the cleaning of designated storm sewer and facilities operated by the Community and Public Works Department and generally supporting the City's roadway system (Work). The purpose of these services is to: • Maintain public drainage facilities • Minimize the degradation of water quality in surface and groundwater • Meet Washington State Department of Ecology's Underground Injection Control (UIC) regulations This work will be performed on an as-needed and scheduled basis to the satisfaction of the City and shall meet all applicable local, state, and federal laws. 1.2 CONTRACT TYPE This Contract is considered a Public Work and will be based on an hourly unit pricing. As such, it requires the Contractor to pay prevailing wages to the Contractor's employees per RCW 39.12.030. This Contract also allows: • An exemption from paying sales tax per WAC 458.20.171. The City shall not be charged retail sales tax. • The City to hold a 5%retention as a percentage of the earned fee (contract retainage)from the Contractor as per RCW 60.28.011. The City will release the retainage when all proper releases have been attained from: o WA State Department of Revenue o WA State Department of Labor and Industries o WA State Employment Security Department 1.3 CONTRACT ADMINISTRATOR The City Manager's designated Administrator for this contract is the City's City Engineer or his assigns. The day to day field inspection and oversight of the contract shall be administered by City public works personnel following these Specifications and Contract Documents. Page 1 ATTACHMENT A- Specifications for Storm Drain Cleaning 1.4 ONE GENERAL CONTRACTOR 1.4.1 Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior written approval of the City. All subcontracted Work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.4.2 Contractor's Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. The supervisor shall have the authority to approve change orders, coordinate the Work and make other decisions pertinent to the Contract. 1.5 COORDINATION OF CONTRACT DOCUMENTS The complete Contract includes these parts: The Agreement for Services, Specifications, Price Proposal, Insurance Certificates, and the Performance and Payment Bond. These parts complement each other in describing a complete Work. Any requirement binds as if stated in all parts. The contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 1.6 CONTRACT TERM AND OPTION YEARS The contract shall commence on the date the contract is executed and continue through the end of the calendar year. As it deems, the City reserves the right to exercise or not, optional subsequent contract years for up (4) four additional one- year contract terms from 2019 up to and including 2022. It is anticipated that the option years shall start on or around January of each year and end on December 31 each year. 1.7 COMPENSATION This is a unit price Contract. The basis of payment will be a fixed unit price. Site work, change order pricing, and billing will be based upon the schedule of prices as bid. Unit prices include all supplies, labor, material, components, equipment, insurance and bond costs, all related costs associated with running and maintaining the equipment,reporting,and appurtenances necessary to complete the work which shall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to the specifications in full. These specifications shall be construed as minimum. Prices shall remain firm for the duration of the contract. The prices include all costs of servicing of the account, all contractual requirements during the contract period, and are subject to the specifications in full. Page 2 ATTACHMENT A- Specifications for Storm Drain Cleaning 1.8 CONTRACTOR REQUIREMENTS The Contractor reaffirms meeting all requirements and will maintain standards throughout the duration of the Contract and subsequent contracts in option years. The Contractor represents and warrants to the City that it has all licenses, permits, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Spokane Valley business license. If the Contractor's status changes at any time, the Contractor shall immediately inform the Director of the change in status. The Contractor shall also supply in writing to the Director the Contractor's written plan and timeframe for reinstatement of acceptable status. 1.9 EXAMINATION OF WORK SITE The Contractor certifies visiting the work areas and becoming fully acquainted with site conditions to understand the facilities, difficulties, and restrictions attending the execution of the work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the site and get acquainted with conditions existing therein and verifying project area dimensions,shall in no way relieve the Contractor from obligation with respect to his original proposed bid or to this contract. 1.10 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreed in writing,the Contractor is expected to provide all equipment,materials and supplies required to execute Contract obligations. This includes support facilities, disposal containers, oil and fuel, etc. 1.10.1 Support Facilities The City will not provide shop facilities,work space, or office space as part of this contract. Limited parking at City's Maintenance Facility: During non-freezing weather,and while being used for the work,the City will allow the Contractor to park one eductor truck at the City's street maintenance facility located at 17002 E. Euclid in an outdoor stall as designated. The Contractor will also be allowed one designated parking stall for the Contractor's employee during normal business hours and while the employee is using the Contractor's eductor truck. Use of the City's maintenance facility is at the sole discretion and risk of the Contractor. The City will not be responsible for any damage to or from the Contractor's equipment or the personal vehicle(s)of the Contractor's employee. Page 3 ATTACHMENT A- Specifications for Storm Drain Cleaning The Contractor will be responsible for providing all other support facilities at their own location. The Contractor shall furnish at his/her own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. The Contractor shall maintain an office at some fixed place and shall maintain a telephone there, listed in the telephone directory under the Contractor's name. The Contractor shall, at all times, have responsible person(s), employed by the Contractor, take the necessary action(s) to address and remedy inquiries and complaints that may be received from the City during normal working hours regarding this contract work. 1.11 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.11.1 Changes The City reserves the right to make, at any time during the Work, such changes in quantities and such alterations in these Specifications as are necessary to satisfactorily complete the Work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance and Payment Bond,and the Contractor agrees to perform the Work as altered. Among others, these changes and alterations may include: • Deleting any part of the Work • Increasing or decreasing quantities • Altering Specifications • Altering the way the Work is to be done • Adding new Work • Altering facilities, equipment, materials, services, or sites,provided by the Contracting Agency • Ordering the Contractor to speed up or delay the Work Any change that affects the overall Contract effort and amount of Work to be performed or that costs or saves Contractor and/or City resources shall be documented through change order and shall indicate any associated impacts on price, schedule, or performance. The City will issue a written change order, negotiated with the Contractor, prior to the implementation of any change unless ordered by the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.11.2 Corrections & Clarifications In order to continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Specifications may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract Page 4 ATTACHMENT A- Specifications for Storm Drain Cleaning documents through addendum. The City reserves the right to update and revise the Specifications reflecting any changes by addendum with the next optional contract year. 1.12 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI's website at: http://www.lni.wa.gov/TradesLicensing,/PreyWage/ This contract at a minimum will require the following labor rates: Power Equipment Operator (for operating an eductor truck) and Laborer. The contractor shall use rates effective March 15, 2018in the first year contract; if additional optional contract years are exercised,the Contractor shall pay wages for the most recently published and effective LNI rates available prior to option year contract execution. A copy of the current applicable wage rates is available for viewing at the City's offices. A hard copy of the applicable wage rates is available to be mailed to the Contractor upon request. The City reserves the right to periodically inspect the Contractor's offices and support facilities to verify compliance with prevailing wage notification and to randomly interview workers to verify that prevailing wages are received. 1.13 PAYMENT AUTHORIZATION 1.13.1 City Inspection The City will periodically inspect the work and condition of facilities under the care of the Contractor. If the Contractor's Work or conditions at the City's facilities are shown to not meet these Specifications, the Contractor will be notified of the deficiency and allowed to respond to meet the standard. If the deficiency is not made whole within a reasonable period, the City Engineer reserves the right to withhold either whole or partial payment of invoicing until standards of these Specifications are met. 1.13.2 Contractor Reports The Contractor shall complete and transmit to the City all periodic, annual, and other reports and work plans as indicated in these Specifications for the period invoiced prior to the City authorizing payment to the Contractor. Page 5 ATTACHMENT A- Specifications for Storm Drain Cleaning 1.13.3 Prevailing Wage Requirements No payment will be made until the Contractor has submitted a"Statement of Intent to Pay Prevailing Wages."No final payment or release of any bond and/or retainage will be made on a Contract Term until the Contractor has submitted an "Affidavit of Wages Paid". These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the "owners" copy shall be in the possession of the City. 1.13.4 Invoice Submittal,Review,& Approval Payments shall be made after review, approval, and authorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of Work and services that have been provided. Invoices are to be submitted on a regular monthly basis when work has been completed during the previous 30 days. 1.13.5 Retention of Payment This contract will hold 5%retainage per RCW 60.28.011. At the end of the contract year the City will submit a"notice of completion of contract"to the Department of Revenue, Department of Labor and Industries, and the Employment Security Department. The City will release the retainage when all proper releases have been attained from these departments. 1.14 ADDITIONAL OPTION YEARS & FEE ADJUSTMENT If the City chooses to exercise additional subsequent and sequential option year contracts, the Contractor and/or the City may request an adjustment of the unit prices annually, and no later than November 1st for the following calendar year. Such prices shall be negotiated by the City and Contractor, and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for October and the index base period is 1982- 1984=100. The source of this percent change shall be the "U.S. Department of Labor, Bureau of Labor Statistics. If the additional option years are exercised, the Contractor must update and pay prevailing wages to the most recently published and effective Washington State Department of Labor& Industries rates for the next contract option year period. Page 6 ATTACHMENT A- Specifications for Storm Drain Cleaning (This Page Intentionally Left Blank) Page 7 ATTACHMENT A- Specifications for Storm Drain Cleaning 2 GENERAL SPECIFICATIONS This Chapter discusses general items for the Contractor and City to perform in preparation of executing the Work. 2.1 WORK PLAN 2.1.1 Annual Work Plan The Contractor shall submit an annual work plan to the City prior to commencing work for the Contract period. The plan communicates who, when, and how the Contractor will complete the Work during the Contract period. Adjustments to the plan may be necessary and the Contractor is to work with City staff on any revisions. The Work plan should indicate such things as: • Contractor owner and supervisor contact information, including cell phone and email address • Planned invoicing, work term periods, and contact information regarding billing • Organizational chart and roster of employee's working on this Contract • General schedules for typical or weekly routine work • Specific schedule for once/year task work, i.e. pump station wet vault cleaning • What types of equipment will be used,where, and when • Required personnel and equipment certifications • Self-inspection plan and reporting 2.1.2 Weekly Work Plans The Contractor shall submit an email to City designated staff a weekly work plan indicating where the Contractor will be working and what activities will be performed. It may be sent a minimum one day in advance for the next week. The Contractor shall also notify the City if it does not plan on working including the reason why work will not be performed on that occasion. 2.2 WORK TERM A work term shall be a mutually agreed upon between the City and the Contractor prior to the start of work. Once the work term commences,the Contractor shall dedicate personnel and equipment to continuously work in the City until the end of the work term. Multiple work terms may be agreed to for the contract term. The work term may end before the agreed upon date if the City reaches the budget limits of the Contract. 2.3 CONTRACTOR'S EMPLOYEES 2.3.1 Identification Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. Page 8 ATTACHMENT A- Specifications for Storm Drain Cleaning 2.3.2 Licenses & Training Contractor and staff who are supplying services under this agreement shall at all times possess and carry a valid driver's license issued by the State of Washington and have all applicable certifications and licenses. Minimum standards include: • Operators of eductor trucks shall have a Class A or B Commercial Driver's License with tank vehicle endorsement and without air brake restrictions. • All Contractors' field employees working in confined spaces shall have the applicable confined space training and certifications per WAC 296-809. • All Contractors' workers providing traffic control shall have a valid Washington State Flagging card at all times during the course of this Work. • Workers should also have applicable First Aid and CPR training as well as a basic 10-hour OSHA safety course. 2.3.3 Conduct Contractor's employees, officers and representatives at all times shall: • Identify themselves as a Contractor's employee and not the City's. • Provide conduct in a professional and honorable manner. • Drive in a courteous and conscientious manner to and from Work sites. 2.3.4 Contractor Employee Removal The City reserves the right to require the Contractor to remove a particular Contractor's employee from working under this Contract. 2.4 EDUCTOR TRUCK CERTIFICATION 2.4.1 Standard Prior to commencing continuous work for the City under an agreed upon work term, the Contractor shall receive certification for eductor truck(s)to be used during the work term. The Contractor shall thoroughly clean and sanitize all eductor truck parts that would come in contact, convey, or store liquid or solid debris from City storm drains and submit the eductor truck(s)for inspection. The following are the minimum equipment requirements: • Equipment must conform to all federal, state and local safety regulations. • Machines must be properly registered and insured in accordance with the motor vehicle laws of Washington. • Sufficient supply of spare parts must be kept on hand to ensure the timely and continuous fulfillment of this contract. Page 9 ATTACHMENT A- Specifications for Storm Drain Cleaning • The machinery and equipment used by the Contractor shall be modern, clean, and maintained in proper working condition at all times consistent with the current standard of the industry and subject to the approval of the City. Eductor units should be less than five years old or be factory certified by trained technicians to meet these specifications. If older than five years, the Contractor must supply certification of the eductor unit(s) to the City prior to the City's final certification of the unit. • All vehicles used by the Contractor must be clearly identified with the name of the company and telephone number of local office on each side of the equipment. • The Contractor shall use high volume wet/dry eductor truck with a "roots type"positive displacement vacuum pump and at a minimum have: o Inlet volume of 4500 cubic feet per minute at 2200 revolutions per minute. o Pump must be rated to produce 3600 cubic feet per minute at 18 inches HG(mercury), and have relief valves operate in the 15 to 18 inches mercury range. o Pickup hose shall be 8-inch diameter o Includes assorted nozzles for lines up to 36" diameter storm drain. o The water jet shall operate at a minimum continuous rating of 60 to 80 gallons per minute at 2,000 to 2500 psi. 2.4.2 Inspecting Party,Frequency and Purpose Final certification will come from the City and/or its duly authorized parties. This final certification will allow the Contractor to dispose of debris collected from City facilities at authorized locations. Whenever the eductor truck(s) are used for work outside of City-owned facilities and for other contracts, the Contractor will be required to re-certify the eductor truck(s) prior to continuing work in City storm drain facilities. 2.4.3 Exclusive Use Clause The City requires an Eductor Truck(s) exclusively used by the Contractor within the City during the life of the contract. Replacement trucks can be used due to equipment breakdowns but are required to be inspected and approved by City Staff before being used in operations. 2.5 SAFETY & ACCIDENT PREVENTION With respect to all Work performed under this contract,the Contractor shall comply with the safety standards provisions of applicable laws,codes,and the requirements of the Occupational Safety and Health Act of 1970 and the Washington Industrial Safety and Health Act, June 1973 (See RCW 49.17). The Contractor shall also meet applicable temporary traffic control sections of the latest Washington State adopted Manual on Uniform Traffic Control Devices (MUTCD). Page 10 ATTACHMENT A- Specifications for Storm Drain Cleaning In particular,the Contractor and its employees shall at all times: • Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. Employees shall wear appropriate Personal Protective Equipment for the work and conditions. • Maintain on all vehicles, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including Contractor's employees), who may be injured on the job site. • In no case shall employees be permitted to work at a job site before the Contractor has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. 2.6 EMERGENCIES If the Contractor or his employees find themselves in or witnessing an emergency affecting the safety of life or property, including adjoining property,the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury. 2.7 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utility facilities, adjacent property, trees, and shrubbery, and motor vehicles. In the event of property damage,the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor's operation, they shall be repaired at the Contractor's expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property by the responsible party shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code under permits issued by the City. 2.8 ILLEGAL DUMPING If more than one(1)cubic foot of litter occurs on or in public property,it is deemed illegal dumping. Examples include dumped mattresses, appliances, or large accumulation of trash or debris, etc. When the Contractor sees any illegal and improper dumping in areas covered under this Contract, the Contractor shall contact the Spokane Regional Solid Waste System at Phone: 509-625-6083, or at: http://www.beautifyspokane.org/il legal-dumping The Contractor shall also note the referral in daily reports to the City. The reports shall include the date of the discovery, approximate location, and a general description of the material including volume or weight measure of removed debris. Page 11 ATTACHMENT A- Specifications for Storm Drain Cleaning 2.9 URGENT SITUATIONS, COMPLAINTS, AND DEFICIENCIES All complaints, deficiencies, and urgent situations with regards to this Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone, email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.9.1 Urgent Situations The Contractor shall be required to respond within two hours to any urgent situations reported from or through City staff. The Contractor's employees shall have the ability to be contacted by cellular phone,two-way radio service, or paging service from Contractor's office whenever such situations occur. If the Contractor fails to respond within two hours, the City will, at its sole discretion, correct the urgent situation and may back-charge the Contractor. 2.9.2 Complaints The Contractor shall investigate all City referred complaints within twenty-four hours and respond back to the City whether the complaint is valid and whether it is within the current Contract scope. If it is within the scope of this Contract and the situation does not meet current Specifications, then the complaint is a legitimate performance deficiency and the Contractor shall immediately remedy the deficiency. Otherwise,the Contractor shall explain why the situation is not within the scope of this Contract. The City reserves the right to review the matter further and determine if the complaint is legitimate or not and if the matter is a performance deficiency of the Contractor or not. 2.9.3 Deficiencies All work deficiencies of Contractor shall be corrected within five days of oral or written notification from the City unless noted otherwise in these Specifications. Should the scheduled work activity frequencies be less than five days,the schedule of work to be performed shall take precedent and the notice of non-conformance repair reduced accordingly. Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. • Page 12 ATTACHMENT A- Specifications for Storm Drain Cleaning 2.9.4 Failure to Perform On the first occurrence of a noted deficiency, the Contractor will be notified in writing. Contractor shall respond within seven days with a written plan stating how compliance will be obtained. If the Contractor violates the same specification a second time, the City shall have • the right to withhold payment of up to the estimated cost for the service which was scheduled for that day. If the Contractor violates the same specification three or more times,the City shall have the right to withhold payment of up to two times the estimated cost of service which was scheduled for the day of each violation. The amount of penalty shall be determined by the Director or his designee. 2.10 INSPECTIONS & REPORTING 2.10.1 City Inspections The City will periodically inspect conditions of City storm drains cleaned by the Contractor. The conditions of the storm drains shall be measured based on these Specifications and City staff judgment. The City may develop and/or use methods,procedures,tools,equipment,or training to help inspect and document landscaping conditions and/or Contractor performance. The City is willing to share information on the inspection program with the Contractor as it is developed further. Any input from the Contractor that will save the City money and provide a better service to the community is welcomed. 2.10.2 Periodic Reporting The Contractor shall provide reports as indicated in these Specifications. The Contractor shall provide self-inspections and/or records of work it performs depicted in these Specifications for each period invoiced. At a minimum, the Contractor shall provide a daily manifest of the following information: • Date and start/stop time work was performed • Type of work peformed • Contractor's employee • Exact location of structure and/or Structure ID number • If Traffic Control was required • Approximate quantity of solids removed • Approximate quantity of liquids removed • Approximate quantity of absorbent material added (if req'd) 2.10.3 Annual report The Contractor shall submit an annual report by November 15 each year that gives: • An overview of Contractor accomplishments for the year Page 13 ATTACHMENT A- Specifications for Storm Drain Cleaning • Any recommendations for changes to Specifications that adds value to the City. Page 14 ATTACHMENT A- Specifications for Storm Drain Cleaning (This Page Intentionally Left Blank) Page 15 ATTACHMENT A- Specifications for Storm Drain Cleaning 3 WORK SPECIFICATIONS This Chapter describes the field Work to be performed by the Contractor including standards, schedule, quantity, location, measurement and payment. 3.1 STRUCTURE CLEANING 3.1.1 Standard The Contractor shall clean drywells(single and double depth),underground vaults, catch basins,concrete inlets(catchbasins without the sump),and swales/ditches,of debris, sediment and miscellaneous obstructions. Structures will be jetted until all mud and debris are removed from the structure sides and bottom. No more than 1/2 inch of debris shall be left at the bottom of the structure, including roots which shall be removed after cutting. Contractor shall note large debris or construction debris left in structures on daily reports. Inlet and outlet pipes connected to the structure shall also be jetted. Vegetation and debris from the grate and surrounding asphalt shall also be removed. For drywells, slots or fins shall be cleaned or jetted out such that the drain rock shall be visible through the barrel slots. Contractor shall report if drain rock is not visible due to filter fabric covering barrel slots. Typically, the depth of single depth and double depth drywells is per City of Spokane Valley Standard Plans S-101 and S-102. City Standard Street Drawings can be found at: http://www.spokanevalley.org/filestorage/124/938/210/948/1162/1437/Street TO C.pdf. Older structures may vary slightly from these standards in depth and barrel geometry. Generally, catchbasins and concrete inlets are per City of Spokane Valley Standard Plans S-112 through S-114. Depth variations should be expected. Some catcbasins have a tee attached to the outlet pipe,the Contractor shall use hose connections of smaller diameter as necessary to clean inside of the catchbaSin and tee and may be required to remove and reinstall the tee to adequately clean the outlet pipe. • Curb and sidewalk inlets are typically per City of Spokane Valley Standard Plans S-110 and S-111. 3.1.2 Schedule, Quantity& Location The City owns four stormwater pump stations. The pump stations shall be cleaned at least once annually. The dimensions and number of vaults at each location varies,however the Contractor shall have hose and equipment that can reach at least 200-feet. The Contractor operators and labor shall be required to enter confmed spaces and therefore Contractor personnel shall have confmed space training and certification. The pump station systems are located: Page 16 ATTACHMENT A- Specifications for Storm Drain Cleaning • West of the Sprague Avenue and Argonne Road intersection; • South of the intersection of Trent Avenue and Argonne Road; • East of the intersection of Sprague Avenue and McDonald intersection; and, • South of the intersection of Sprague Avenue and Best Road. For all other structures, the City will generate maps showing the number and locations of structures that need cleaning and give the Contractor the priority or order that work shall proceed. The Contractor shall give at least 10 working days notice to the City prior to completion of the work list(s) assigned so that City personnel may prepare additional locations and priority of work for the Contractor as needed. The Contractor will only be allowed to work on the City system with one eductor type truck at any one time unless authorized or directed by the City. 3.1.3 Measurement& Payment "Structure Cleaning" and"Laborer" shall be measured each by the hour. "Structure Cleaning"shall include costs for cleaning storm drain structures per this specification. The hourly rate shall include all direct and indirect costs such as fuel, water fees, labor for (1) operator, equipment, and all related costs associated with running and maintaining the equipment,etc. "Laborer"shall include all costs direct and indirect to supply(1)laborer that is confined space certified and trained to work at pump station locations and other locations as approved or directed by the City. 3.2 TRAFFIC CONTROL WITH FLAGGING 3.2.1 Standard The Contractor shall be responsible to provide flagging staff/ traffic control in conformance with these specifications for those locations requiring it. The Contractor shall ensure all applicable local, state, and federal laws are met. The Contractor is responsible to schedule structure cleaning activities to minimize traffic disturbance. Storm drain cleaning activity must follow the traffic control guidelines in Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD). The most recently State of Washington adopted MUTCD shall be used. For all work on collectors and arterials less than 60 minutes of duration requires short duration traffic control. Per current MUTCD guidance, this will require appropriate signage, channelizing devices (traffic cones), another vehicle in addition to the catch basin cleaning unit, PCMS and/or arrow panel, and a spotter/flagger. See WSDOT Work Zone Traffic Control Guidelines M54-44.02, TCP 15, "Typical Short Duration Lane Closure" for an example of what may be required. Page 17 ATTACHMENT A- Specifications for Storm Drain Cleaning For all arterials,the Contractor shall keep at least one lane in each direction of travel open to traffic at all times. However, if a street must be completely closed for proper storm drain cleaning operations, prior approval shall be obtained from the City. Application for a street closure with a traffic control plan shall be made at least seven days prior to the street closure. If traffic is to be detoured, detour plans must be submitted and approved by the City prior to starting work. Police, Fire, Spokane Transit Authority, and other applicable departments shall be notified at least 24 hours in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic. All collector and minor arterial traffic lanes shall have a minimum width of 10 feet unless otherwise specified. All principal arterial traffic lanes shall have a minimum width of 11 feet unless otherwise specified. In addition to the lane width specified herein,the Contractor shall maintain clearance of two feet to curbs,barricades,and other vertical obstructions. All streets where work is in progress shall be kept open and in passable condition for emergency vehicles at all times. Maintain access to businesses. All streets outside the work area shall be open at all times. Lane closures will generally be limited to 9:00 a.m. to 3:00 p.m. At the end of each work day, all components of the traffic control system shall be removed from the traveled way, shoulder,and auxiliary lanes. If the Contractor so elects, said components may be temporarily stored at selected central locations approved by the City within the limits of the City right-of-way. 3.2.2 Measurement& Payment Measurement for"Traffic Control w/Flagging"shall be by the hour. Payment for "Traffic Control w/Flagging" shall be full compensation and shall include all direct and indirect costs to safely and efficiently perform the work in these specifications. 3.3 ABSORB LIQUID HOLD 3.3.1 Standard At the discretion of the City and/or its duly authorized parties, suspect loads of non-hazardous/residual waste associated with cleaning operations of drywells or other drainage structures, may be directed for disposal at the Graham Road waste disposal facility. Suspect loads must meet the approved Waste Management non- hazardous waste profile. The current approved method for managing suspect load liquids collected in eductor trucks is to add dry wood pellets to the truck as structure cleaning occurs, such that it absorbs the liquids and becomes solidified sufficiently to pass the"paint filter test"at the Graham Road waste disposal facility. This requires the contractor to transport and supply a sufficient amount of pellets for the work throughout the day and at the end of the day. Wood pellets or other Page 18 ATTACHMENT A- Specifications for Storm Drain Cleaning approved method(s)may take time to absorb liquids and it may require the eductor truck to sit idle. 3.3.2 Measurement& Payment "Absorb Liquid Hold"will be measured per each truck loaded. "Absorbent Material" estimated dollar. Payment for "Absorb Liquid Hold" will include all labor to transport absorbent materials to the job site, add materials to the eductor truck as needed, and for the hold time required for pellets to absorb liquids to meet the"paint filter test". It shall include all time that the eductor truck sits idle while the pellets absorb liquids. The Contractor shall provide sufficient resources, materials, and equipment to perform the assigned labor for the day. No compensation shall be given to make additional trips for materials when it could be adequately dealt with before starting work for the day in the City. Payment for"Absorbent Material" shall be made at cost plus 20%. The contractor shall supply invoices for materials purchased for the City within the previous 30 days under this contract for reimbursement. 3.4 DEBRIS TRANSFER 3.4.1 Standard When the eductor truck is full or as otherwise directed by the City, the Contractor shall be transport the structure cleaning debris to an approved location Standard load structure cleaning debris, the current approved location for the City to dispose is the Spokane Valley Regional Decant Facility 12116 E. Montgomery Drive. Suspect load structure cleaning debris,the current approved location for the City to dispose is operated by Waste Management- Graham Road Landfill and is located at 1820 S. Graham Road, Medical Lake, WA 99022. The City has maintained an open account with Waste Management. Landfill fees will be paid by the City directly to the landfill. Immediate return trips from the approved disposal location back to the City shall be paid under this unit price rate when the Contractor is working continuously for the City. No payment will be allowed for return trips to other than the City or for routes not approved by the City. An alternate disposal location may be identified in the future. At that time, a different handling/transporting cost may be negotiated. The Contractor may propose an alternate disposal location or mechanism. All suggestions will be considered assuming they meet all local, state, and federal requirements. Page 19 ATTACHMENT A- Specifications for Storm Drain Cleaning 3.4.2 Measurement& Payment "Debris Transport" shall be measured each by the hour. "Debris Transport" shall include costs for transporting debris from the City to an approved site per this specification. The hourly rate shall include all direct and indirect costs such as fuel, water fees, labor for (1) operator, equipment, and all related costs associated with running and maintaining the equipment, etc. No additional compensation will be paid for this incidental work. Page 20 ATTACHMENT A- Specifications for Storm Drain Cleaning "(This Page Intentionally Left Blank) Page 21 AO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/25/2018 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(les) 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: Danielle Neumann BK-Jet Group LLC PHONE FAX 999 W Riverside Avenue, Suite 510 (NC.No.Ext):(509)319-2917 tax.No):(509)319-2920 Spokane WA 99201 ADDRESS: dneumann@bkjet.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Insurance Company 10804 INSURED AAASWEE-02 INSURER B AAA Sweeping, LLC P.O. Box 624 INSURER C: Veradale WA 99037 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:571011894 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. NOTVNTHSTANDING 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. WW1 -. -- INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WPOLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y CPA6025005 10/19/2017 10/192018 EACH OCCURRENCE $1,000,000 CLAIMS MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: WA Stop Gap E 1,000,000 A AUTOMOBILE LIABIUTY CPA6025005 10/19/2017 10/19/2018 COMBINED SINGLE LIMIT $ (Ea accident) 1,000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A X UMBRELLA LIAR X OCCUR CPA6025005 10/19/2017 10/19/2018 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is included as an additional insured as required by written contract per form(s)attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 11707 E. Sprague Ave.,Suite 106 AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ii°1***N"' *7 `' . R01\11)110: 106862859 CONTRAC'TOR'S PERFORMANCE AND PAYMENT B(ND TO IDUAL-OBLIGEES KNOW ALL MEN BY THESE PRESENTS,that.AAA Sweeping, LLC (Contractor),as Principal,end Travelers Casualty and Surety Company of America (Bonding Company),-as Surety,a corporation of Connecticut whose'principal'office islocated at ONE TOWER SQUARE,HARTFORD are firmly bound unto theState of Washington and the City of Spokane Valley,''a politic'atenbdivision the State of Washington,as Obligees,to fulfill the obligations of the Principal and the Suret)!tinder the Contract to which reference is hereafter made,inthe amount of$202,587.50(including Washington State sales tax)for payment vl hereoTPrincipal and Surety bind themselves,their`heirs,executors,administrator`s,successors and assigns jointly and severoll}),flrmly by these presents. WHEREAS,Principal has,by written Proposal dated-,March 30,2018 offered to enter•intoB contractrwith the City of Spokane'Valley for Contract No. 18-013 pursuant to theterms and conditions set_forth in.the Contract Documentacdated April 24,2018. NOW,'1'HER FORE,'the condition of this obligation,is such that if the Principal Shall faithfully perform all the provisions of the Contact on its part,and pay all labprers';mechanics,subcontractors and material suppliers,,and all persons who supply such person or persons or subcontractors with provisions and supplies;for the,carr mg'gn of Such`work;and indemnify and hold harmless the Obligees frbm all loss,boat or,damage which it niaysuffer by reason of•the failure to do any of the fore oirig,their this obligation shall be null and void;otherwise-it shall remain in full=force and effect All persons who have Jurnisbed labor,materials or supplies for use'in and about die Work provided fain the :Contract shall have a direct right ofactioo under,this bond to the eictent and in thelnannerset forth in 1{CW 39.08. The said Surety for valuee received'hereby stipulates and agrees that tier change,extention trf time,alteration of addition to the terms of the Contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the me shall in any Way affect its obligation on this BOND,and it does hereby waive notice of any ,Subh change,extension of ttimer,alteration or addition to the.termeof the Contract Wes the WORK or to the 'S-PECIFICATIONS. Ne final settlement between the OWNER and the CONTRACTOR shall abridge,the right of ny beneficiary hereunder,whose-claim may be,unsatisfied. —•• GNED AND SEALED THIS 2nd DAY OF May YEAttr1O 18 . > ' ets Casualty and Surety Company of Arperica AAA Sweeping, LLC y. S J' PRINCIPAL � - : 1LcZ�. _ • I 114 j i Brett Sargent •'-�,`��Js:/��t`''F"��'Hallett uee TWe— f . " `yp ,ani: We— Attorney-in-Fact Managing Member 'Ti{lc .(SPAT,) - • Title 1 i' Travelers Casualty and Surety Company of America IA► Travelers Casualty and Surety Company TRAVOLERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL EN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. I Pau) Fire an Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies") and that the Companies do hereby make,constitute and appoint P.M.Hallett,of Spokane,Washington,their true and lawful Attorney-in-F ct to sign, execute,seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature th reof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executin or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS yVHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. i tlpatior 0*qtr A40 COWLIfFITMOe .4„ cokh / 110'4, cHARTPORD, .0 & •It State of Connecticut .. By: City of Ha ord ss. Robert L.Raney,Se or Vice President On this the 3 day of February, 2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Ca ualty and Surety Company'of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as su h,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as duly authorized officer. . In Witness ereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 (4571411 1 + C. 'L,Marie C.Tetreault,Notary Public This Power o Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Comp ny of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and ffect,reading as follows: RESOLVED, hat the Chairman,the President, any Vice Chairman, any Executive'Vice President, any Senior Vice President, any Vice President, any Second Vice resident,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act or 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 name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recogni ance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the bower giv n him or her;and it is FURTHER R SOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President ma 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 a d a copy thereof is filed in the office of the Secretary;-and it is FURTHER R�`SOLVED,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 Vico President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary ancduly 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 ttorneys-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 offi rs pursuant to a written delegation of authority;and it is FURTHER R SOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,an 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 o any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing .' d attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimil: ature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signatu.= -1 facitii3fil eal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. v I, }fz? - y r• es,the�'&ipdersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Corr , an. . Paut tte�-and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of A torf4 exe.) by saa¢se:iigpanies,which remains in full force and effect. V gAtedthis 2a -9s rAy`of May 2018 • S. It ' . :0,-., ,,,fosv A**s 01314\ ii'd4.a.- -- N., . 0., %Of 0 Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. 'lease refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. r Travelers Casualty and Surety Company of America TRAVELERS J License No. RIDER To be attached to and form part of Bond No. 106208109 . Issued on behalf of AAA Sweeping,LLc as Principal,and in favor of City of Spokane Valley,Washington as Obligee. It is agreed that: ❑ 1. The Surety hereby gives its consent to change the Name: from: to: ❑ 2. The Surety hereby gives its consent to change the Address: from: to: ❑X 3. The Surety hereby gives its consent to change the Contract No.&Increased Contract Amount from: Contract#16-012 Contract Price$490,200 10: Contract#19-161.01 Contract Price$567,840 This rider shall become effective as of 12/31/2020 PROVIDED,however,that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed,sealed and dated 12/23/2020 Travelers Casualty and Surety Company ofAmeriaa By: � I Cryst I Viehman Atto y-in-Fact Accepted: City of Spokane Valley,Washington or AAA Sweeping,LLC Obligee Principal By: By: S-4111 (8/66) Travelers Casualty and Surety Company of America �► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Crystal A Viehman of SPOKANE Washington , their true and lawful Attorney-in-Fact 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 the 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. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. 11/40)) rak • State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 said Companies by himself as a duly authorized officer. orh aroutfziIN WITNESS WHEREOF,I hereunto set my hand and official seal. ARy :, My Commission expires the 30th day of June,2021 * N+�IV •pptt ° � Anna P. Nowik,Notary Public c This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 23rd day of December , 2020 . M• Y o'�tr•/vp � 44. ,uP,f�RDI• E , of Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-narned A torney-in-Fad and the details of the bond to which this Power of Attorney is attached. Travelers Casualty and Surety Company of America TRAVELERS License No. RIDER To be attached to and form part of Bond No. 106862859 • Issued on behalf of AAA Sweeping,LLC as Principal,and in favor of STATE OF WASHINGTON AND THE CITY OF SPOKANE VALLEY as Obligee. It is agreed that: ❑ 1. The Surety hereby gives its consent to change the Name: from: to: ❑ 2. The Surety hereby gives its consent to change the Address: from: to: ❑X 3. The Surety hereby gives its consent to change the Contract No&Contract Amount • from: 18-013&$202,587.50 to: 18-013.03&$205,423.73 This rider shall become effective as of 4/24/21 PROVIDED,however,that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed,sealed and dated 2/4/21 travelers Casualty and Surety Company of America By: CoiflJ Crystal Viehman Attorn -in-Fact Accepted: STATE OF WASHINGTON AND THE crry OF SPOKANE VALLEY or AAA Sweeping,LLC Obligee Principal By: By:- ✓ S-41I1 (8/66) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Crystal A Viehman of SPOKANE Washington , their true and lawful Attorney-in-Fact 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 the 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. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019. �V(C SU9\fYC Jy��Y 4,0 ;.•qyE i w t� Q W O CON Hnar H. g �'4k' Cry.,4[I.I State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. nE t:MA , t��G� RV My Commission expires the 30th day of June,2021 I* .+" *i aN-4 t Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 4th day of February , 2021 f,/" tNSTFCRD, er HAR7:0- t CaVtli 1.k1 COHA. 55 y '` • ',✓ "� d. Kevin E.Hughes,Ass�cretary To verify the authenticity of tnis Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached.