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24-040.00AAASweepingLLCStormDrainCleaningServices I Contract No. 24-040 PURCHASED SERVICES AGREEMENT AAA Sweeping LLC THIS PURCHASED SERVICES 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 services to be provided (the "Work") in accordance with the Scope of Work outlined in Exhibit B and in accordance with this Agreement 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 2, below,assume and be responsible for the cost and expense of all work required for constructing 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 the 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. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until the end of the 2024 calendar year. As it deems, the City reserves the right to exercise or not, optional subsequent contract years for up (3) three additional one-year contract terms from 2025 up to and including 2027. It is anticipated that the option years shall start in January of each year and end on December 31 each year. 3. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents an amount not to exceed the sum of $219,549.50, including Washington State Sales Tax, based on the costs submitted by Contractor (Exhibit C),and as may be adjusted in accordance with the Contract Documents. Prevailing wages are required to be paid for this work as outlined in the General Conditions and RCW 39.12. City of Spokane Valley - Storm Drain Cleaning Services Purchased Services Agreei5nent Page 1 of 2 Contract No. 24-040 4. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson, City Clerk Name: AAA Sweeping LLC Phone: (509) 720-5000 Phone: (509) 922-1363 Address: 10210 East Sprague Avenue Address: 3808 N Sullivan Rd., Bldg 107B Spokane Valley, WA 99206 Spokane Valley, WA 99216 5.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 6. Exhibits. The terms of the following attached exhibits are incorporated into this Agreement in their entirety (which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"): A. General Conditions B. Scope of Work C. Cost Statement D. Insurance Endorsements E. Performance and Payment Bond ,� 6. Execution. The Parties have executed this Agreement this 2h day of !'/�"�/g-e if ?o , 20 CITY OF SPOKANE VALLEY: Contractor: John Hohman, City Manager g Y Its: Aut rized Representative APPROVED AS TO FORM: ffi o th City Attorney City of Spokane Valley Storm Drain Cleaning Services Purchased Services Agreement Page 2 of 2 Exhibit A Contract No. 24-040 1. RELATIONSHIP OF THE PARTIES It is understood and agreed that Contractor shall be an 5. VACANT independent contractor and not the agent or employee This section is intentionally vacant. of City, that City is interested only in the results to be achieved, and that the right to control the particular 6. INSURANCE manner, method, and means in which the services are The Contractor shall procure and maintain for the performed is solely within the discretion of Contractor. duration of the Agreement, insurance against claims Any and all employees who provide services to City for injuries to persons or damage to property which under this Agreement shall be deemed employees may arise from or in connection with the performance solely of Contractor. Contractor shall be solely of the work hereunder by the Contractor, their agents, responsible for the conduct and actions of all its representatives, employees or subcontractors. employees under this Agreement and any liability that may attach thereto. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to 2. COMPLIANCE WITH LAWS AND limit the liability of the Contractor to the coverage PERMITS provided by such insurance, or otherwise limit the The Contractor shall comply with and give notices City's recourse to any remedy available at law or in required by all laws, ordinances, codes, rules, equity. regulations, and permits relating to the conduct of the 6A. MINIMUM SCOPE OF INSURANCE work. Except as specifically otherwise provided herein, the Contractor shall obtain and pay for all Contractor shall obtain insurance of the types permits and licenses necessary to conduct the work. described below: The Contractor shall comply with Chapter 49.28 1. Automobile Liability insurance covering all RCW, Hours of Labor. owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services 3. CONTRACTOR REGISTRATION Office (ISO) form CA 00 01 or a substitute form, The Contractor shall be duly licensed, registered, and providing equivalent liability coverage. If bonded by the State of Washington at all times this necessary, the policy shall be endorsed to provide Agreement is in effect. Prior to commencement of contractual liability coverage. Work under this Agreement, Contractor shall register 2. Commercial General Liability insurance shall be with the City as a business if it has not already done so. written on ISO occurrence form CG 00 01 or the 4. TIME OF THE ESSENCE equivalent and shall cover liability arising from Time is of the essence for completion of the Work premises, operations, independent contractors, identified in the Agreement. The Contractor shall start products-completed operations, stop gap liability, work within 10 days after the effective date of the personal injury and advertising injury, and liability written Notice to Proceed issued by the City or assumed under an insured contract. The execution of the Agreement if no formal Notice is to commercial general liability insurance shall be be issued. The Contractor shall plan and prosecute the endorsed to provide a per project aggregate limit work diligently so that the various portions of the work using ISO form CG 25 03 05 09 or an equivalent shall be completed within the time set forth in the endorsement. There shall be no endorsement or Contract Documents. modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. The City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 1 of 11 Exhibit A Contract No. 24-040 City shall be named as an insured under the 3. If the Contractor maintains higher insurance limits Contractor's Commercial General Liability than the minimums above,the City shall be insured insurance policy with respect to the work for the full available limits of commercial general performed for the City using ISO Additional and excess or umbrella liability maintained by the Insured endorsement CG 20 10 10 01 and Contractor, irrespective of whether such limits Additional Insured-Completed Operations maintained by the Contractor are greater than those endorsement CG 20 37 10 01 or substitute required or whether any certificate of insurance endorsements providing equivalent coverage. furnished to the City evidences limits of liability 3. Workers' Compensation coverage as required by lower than those maintained by the Contractor. the Industrial Insurance laws of the state of 4. Failure on the part of the Contractor to maintain the Washington. insurance as require shall constitute a material 6B. MINIMUM AMOUNTS OF INSURANCE breach of the Contract, upon which the Citymay, after giving at least five business days' notice to the Contractor shall maintain the following insurance Contractor to correct the breach, immediately limits: terminate the Agreement. Or at its sole discretion, 1. Automobile Liability insurance with a minimum the City may procure or renew such insurance and combined single limit for bodily injury and pay any and all premiums in connection therewith, property damage of$1,000,000 per accident. with any sums expended to be repaid to the City on 2. Commercial General Liability insurance shall be demand,or at the sole discretion of the City,deduct written with limits no less than $2,000,000 each against funds due the Contractor from the City. occurrence, $2,000,000 general aggregate and a 6D. ACCEPTABILITY OF INSURERS $2,000,000 products-completed operations Insurance is to be placed with insurers with a current aggregate limit. A.M. Best rating of not less than A:VII. 6C. OTHER INSURANCE PROVISIONS 6E. EVIDENCE OF COVERAGE The insurance policies are to contain,or be endorsed to As evidence of the insurance coverages,the Contractor contain, the following provisions for Automobile shall furnish acceptable insurance certificates to the Liability and Commercial General Liability insurance: City at the time the Contractor returns the signed Agreement. The certificates shall specify all parties 1. The Contractor's insurance coverage shall be who are additional insured, and shall include primary insurance as respects the City. Any applicable policy endorsements, and the deduction or Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of retention level. Insuring companies or entities are the Contractor's insurance and shall not contribute subject to City acceptance. If requested, complete with it. copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible 2. The Contractor's insurance shall be endorsed to for all pertinent deductibles, self-insured retentions, state that coverage shall not be cancelled by either and/or self-insurance. party, except after thirty (30) days prior written notice by certified mail, return receipt requested, 6F. SUBCONTRACTORS has been given to the City. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 2 of 11 Exhibit A Contract No. 24-040 applicable requirements of the Contractor-provided incorporated by reference into these Contract insurance as set forth herein, except Contractor shall Documents. have sole responsibility for determining the limits of The prevailing wage rates as provided to the City by coverage to be required to be obtained by the Industrial Statistician of the Washington State subcontractors. Contractor shall ensure that the City is Depar latent of Labor and Industries is available for an additional insured on each and every download at URL subcontractor's commercial general liability insurance http://www.lni.wa.gov/TradesLicensing/PrevWage/W policy using an endorsement at least as broad as ISO ageRates/. additional insured endorsement CG 20 38 04 13. It is the Contractor's sole responsibility to determine 7. PERFORMANCE/PAYMENT BOND the most current wage rates it will actually have to pay. Pursuant to RCW 39.08.010 the Contractor, prior to These rates shall remain in effect for the duration commencing work, shall furnish a Performance and a throughout Contractor's performance of the Work. Payment Bond for the full contract sum including sales tax; however, if the Contract Sum does not exceed 9. WORKERS' BENEFITS $150,000 the Contractor may, in lieu of providing a The Contractor shall make all payments required for bond, request the City retain 10% of the Contract unemployment compensation under Title 50 RCW and amount earned for a period of 30 days following for industrial insurance and medical aid required under acceptance of the work or until receipt of all necessary Title 51 RCW and shall furnish proof of payment if releases and settlement of any liens filed under Chapter requested by the City. If any payment required by Title 60.28 RCW, whichever is later, at which time the City 50 or Title 51 is not made when due, the City may in ordinary course of business will make final payment. retain such payments from any money due the Contractor and pay the same into the appropriate fund. 8. PREVAILING WAGES The Contractor shall comply with the requirements of 10. PAYMENT AND RETAINAGE RCW 39.12 and shall pay each employee an amount Upon completion of the work or no more often than not less than the Prevailing Rate of Wage, as specified monthly, the Contractor shall submit an invoice for by the Industrial Statistician of the Washington State work completed to the attention of the City Finance Department of Labor and Industries (L&I). If Department and the Project Manager. The City will employing labor in a class not shown, the Contractor make payment within 30 days of receipt of the shall request a determination of the correct wage rate Contractor's properly completed invoice or receipt of for the class and locality from the Industrial the goods and services, whichever is later. Statistician. The Contractor shall provide a copy of The City will pay 95% of the amount of the approved any such determinations to the City. invoice and will retain 5% in accordance with Before commencement and upon completion of work, Retainage requirements of Chapter 60.28 RCW. the Contractor shall file the forms and pay the filing Pursuant to Chapter 60.28 RCW, the City will retain fees required by L&I. The Contractor shall indemnify the 5%for a period of 45 days after date of acceptance, and hold the City harmless from any claims related to or until receipt of all necessary releases and settlement the payment or non-payment of such wages by the of any liens filed under Chapter 60.28 RCW, Contractor. The schedule of Prevailing Wage Rates is whichever is later, at which time the City in ordinary course of business will make final payment. City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 3 of 11 Exhibit A Contract No. 24-040 Additional Retainage In Lieu of Bond: As set forth in 12. CONTRACT DOCUMENT section 7 of this Agreement, for contracts of$150,000 INTERPRETATION or less, the Contractor may request that the City retain The intent of the contract documents is to prescribe a 10% of payments in lieu of providing payment and complete work. The Contractor shall furnish all labor, performance bonds pursuant to Chapter 39.08.010 materials, equipment, and incidentals necessary or RCW. If Contractor makes such a request, then the convenient to complete all parts of the work. City will retain the 10% from each payment, which Compensation for the cost of furnishing the foregoing retained amount shall be in addition to the 5%retained and for full performance of the contract shall be under Chapter 60.28 RCW. The City shall hold the considered as included in the contract sum. This retained amount for a period of 30 days after date of Agreement shall be governed by, and interpreted in, acceptance, or until receipt of all necessary releases accordance with Washington law. and settlement of any liens filed under Chapter 60.28 RCW, whichever is later, at which time the City in 13. OWNERSHIP OF DOCUMENTS ordinary course of business will make final payment. All Drawings, plans, specifications, and other related Payment of retainage shall neither(a) waive or release documents prepared by the Contractor under this the City's rights, nor (b) relieve the Contractor of any Agreement are, and shall be, property of the City, and obligations under this Contract or by law. may be subject to disclosure pursuant to RCW 42.56, or other applicable public record laws. 11. AUTHORITY OF THE PROJECT MANAGER 14. RECORDS The Project Manager or his/her Representative is the The City or State Auditor, or any of their representative of the City,and the Contractor shall look representatives, shall have full access to and the right to the Project Manager in matters relating to to examine during normal business hours all of compliance with Contract requirements. The work Contractor's records with respect to all matters covered shall be done to the complete satisfaction of the Project in this Agreement. Such representatives shall be Manager. The Project Manager will decide all permitted to audit, examine, make excerpts or questions which may arise concerning the quality and transcripts from such records, and to make audits of all acceptability of materials and equipment furnished and contracts, invoices, materials, payrolls, and record of work performed, the rate of progress of the work, and matters covered by this Agreement for a period of three interpretation of the contract documents. The Project years from the date final payment is made hereunder. Manager has the authority to reject work which is 15. CHANGES defective or does not otherwise conform to the contract The City may make changes in the work within the documents. The Project Manager is not responsible for scope of this Contract and such changes may be made and will not have control or charge of the means, without notice to any sureties. If any change causes an methods, techniques, sequences, or procedures of construction, or for safety precautions or programs increase or decrease in the Contractor's cost of, or the incidental thereto,these being the sole responsibility of time required for the performance of, any part of the the Contractor. work under this Contract, an equitable adjustment will be made consistent with such change and the Contract modified in writing accordingly, provided, however, that the Contractor notifies the City of the change in City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 4 of 11 Exhibit A Contract No. 24-040 cost or time before commencing the changed work. local retail sales tax),bonding and insurance costs, Records pertaining to changes in the work shall be delay, acceleration or other impact and any other maintained sufficiently to document all costs. Failure costs of doing business; to maintain and disclose the required records shall 5. Subcontractor's work costs shall be calculated in constitute a waiver of the Contractor's claim for costs accordance with subparagraphs 1 through 4 above. not documented. To the total (excluding all markups for overhead The value of any work covered by a change order or of and profit) shall be added 10%for the Contractor's any claim for increase or decrease in the Contract price supervision and overhead support; will be determined by one or more of the following 6. All costs of the Contractor and any subcontractor methods in the order of precedence listed below, if not attributable to a change in the work are either specified in the bidding schedule: specifically listed or covered by the multipliers 15.A.UNIT PRICES specified in paragraphs 1 through 5 above. Unit prices set forth in the Contract Documents. 16. QUALITY 15.B.LUMP SUM The Contractor shall supervise and direct the work Lump sum as agreed,provided that the Contractor may using its best efforts, skills and attention. The be required to provide a detailed cost estimate for the Contractor shall be solely responsible for, and shall proposed change. have full control and charge of construction means, 15.C.TIME AND MATERIALS methods, techniques, sequences, and procedures, and for coordinating all portions of the work under the Time and materials basis at rates set forth in the contract. The Contractor is for all purposes an Contract Documents or, if not specified, as follows: independent Contractor and not an agent or employee 1. Labor not to exceed applicable Prevailing Rates of of the City. Wage, plus 10% for overhead, profit and all other Unless otherwise specifically stated in the Contract, costs incurred in supplying labor; the Contractor shall provide and pay for materials, 2. Materials and supplies incorporated in and labor, tools, equipment, water, light, power, necessary for the work, plus 10% for overhead, transportation, supervision, and temporary profit and all other costs incurred in supplying the construction, and other services and facilities of any materials and supplies; nature necessary to execute, complete and deliver the 3. Equipment,excluding small hand tools,at up to the work within the Contract Time. Material and maximum hourly rates set forth in the current equipment shall be new and of a quality equal to or "AGC-DOT Equipment Rental Agreement" at better than that specified. Equipment offered shall be current models which have been in successful regular such rates as approved by the Engineer, plus 10% operation under comparable conditions. The work for overhead, profit and all other costs incurred in performed shall be in conformity with the best modern supplying such equipment; practice of the trade with the intent to secure the best 4. "Overhead" shall include, but not be limited to: standard of construction and equipment of work as a field and office engineering, estimating, general whole and in part. superintendence,purchasing, office expense, small hand tools, all applicable taxes (except state and City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 5of11 Exhibit A Contract No. 24-040 17. SAFETY information showing actual dimensions and locations The Contractor shall maintain the work site and along with changes made during execution of the work. perform the work in a manner which meets all legal 21. COMPLETION OF WORK requirements for the provision of a safe workplace. The Contractor shall comply with safety standards and The Contractor shall notify the Engineer when it provisions of applicable laws, building and considers the work complete. If, upon inspection, the construction codes, and the safety regulations set forth City determines that all work has been completed in in "Safety Standards for Construction", Chapter 296- accordance with the terms of this Contract, the City 155 WAC, and "General Safety Standards", Chapter will accept such work, which acceptance shall be 296-24 WAC, issued by the Washington State evidenced by a written letter of acceptance to the Department of Labor and Industries. Contractor. The City shall not be barred by acceptance from requiring the Contractor to remove, replace, 18. HAZARDOUS MATERIALS repair, or dispose of unauthorized or defective work, The Contractor shall give immediate notice to the City material,or equipment or from recovering damages for upon the discovery of any hazardous or petroleum- the same. contaminated materials not specifically identified in 22. GUARANTEE the Contract Documents and proceed thereafter only as directed by the City or as set forth in the specifications. 22.A.REPAIRS If the material proves positive as containing asbestos, For a period of 365 days after the date of acceptance of such material shall be handled in compliance with the work, the Contractor, upon notification from the WAC 296-62-077 through 296-62-07753. Hazardous City, shall promptly schedule and make all repairs to materials include asbestos, PCBs, lead, radioactive the Contractor-furnished materials, equipment and/or materials, explosives and other materials defined as workmanship which may be necessary to make such hazardous or dangerous wastes in WAC Chapters 173- materials, equipment and/or workmanship equal to that 303 and 173-305. specified in the Contract. 19. PROTECTION OF UTILITIES 22.B.WARRANTY The Contractor shall protect from damage public and Unless provided otherwise in the Contract Documents, private utilities encountered during the work. Prior to Contractor warrants that all Work and materials beginning work, the Contractor shall give proper performed or installed under this Agreement are free notification as required by RCW 19.122.030 to the from defect or failure for a period of one year agencies that have utilities in place and shall cooperate following final acceptance by City,unless a supplier or with these agencies in the protection and relocation of manufacturer has a warranty for a greater period, underground utilities, facilities and structures. The which warranty shall be assigned or transferred to City. number to call is 1-800-424-5555. In the event a defect or failure occurs in work or materials,Contractor shall,within the warranty period, 20. RECORD DRAWINGS remedy the same at no cost or expense to City. This Upon completion of work and before requesting final warranty provision shall not be construed to establish payment, provide the Project Manager with record a period of limitation with respect to Contractor's other drawings and all operation and maintenance obligations under this Agreement. City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 6 of 11 Exhibit A Contract No. 24-040 23. NON-DISCRIMINATION with the Contract Documents, and (b) ten (10) have The Contractor shall fully comply with all federal, expired after the City delivered notice of the state, and local laws, regulations, and ordinances default/violation to Contractor. Upon termination the pertaining to non-discrimination and equal City may exclude the Contractor from the site and shall employment. take possession of the work and all of the materials and equipment for which the City has paid any amount on 24. INDEMNIFICATION to the Contractor. The Contractor shall be entitled to The Contractor shall defend, indemnify and hold the payment for portions of the work satisfactorily City, its officers, officials, employees and volunteers completed prior to termination, less costs incurred by harmless from any and all claims, injuries, damages, the City as a result of the Contractor's default. losses or suits including attorney fees, arising out of or The City shall have the right to terminate this Contract in connection with the performance of this Agreement, for any reason whatsoever by written notice to the except for injuries and damages caused by the sole Contractor identifying the effective date of negligence of the City. termination, provided said notice is delivered to Should a court of competent jurisdiction determine that Contractor at least ten (10) days prior to the effective this Agreement is subject to RCW 4.24.115, then, in teunination date. The Contractor shall discontinue the event of liability for damages arising out of bodily work by the effective termination date unless the notice injury to persons or damages to property caused by or specifies otherwise. Upon such termination, the resulting from the concurrent negligence of the Contractor shall be paid in ordinary course of business Contractor and the City, its officers, officials, for all work satisfactorily completed to the effective employees, and volunteers, the Contractor's liability date of termination. hereunder shall be only to the extent of the Contractor's 26. ASSIGNMENT OF CONTRACT negligence. It is further specifically and expressly understood that the indemnification provided herein The Contractor shall not assign this contract, or constitutes the Contractor's waiver of immunity under subcontract the work, in whole or in part, except with Industrial Insurance, Title 51 RCW, solely for the the prior written consent of the City. The Contractor purposes of this indemnification. This waiver has been shall require each subcontractor to comply with the mutually negotiated by the parties. The provisions of requirements of these Contract Documents. this section shall survive the expiration or termination Subcontractors will not be recognized as having a of this Agreement. direct relationship with the City,nor are subcontractors intended or incidental third-party beneficiaries to this The Contractor shall pay all attorney's fees and Contract. expenses incurred by the City in establishing and enforcing the City's rights under this paragraph, 27. WAIVER whether or not a suit was instituted. No officer, employee, agent, or other individual acting 25. TERMINATION OF CONTRACT on behalf of either party has the power, right, or authority to waive any of the conditions or provisions The City may terminate the Contract whenever (a) the of this Agreement. No waiver in one instance shall be Contractor is deemed to be in default or violates the held to be waiver of any other subsequent breach or provisions of the Contract by failing, neglecting, or nonperformance. All remedies afforded in this refusing to proceed according to and in full compliance Agreement or by law shall be taken and construed as City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 7 of 11 Exhibit A Contract No. 24-040 cumulative and in addition to every other remedy 31. JURISDICTION AND VENUE provided herein or by law. Failure of either party to This Agreement is entered into in Spokane County, enforce at any time any of the provisions of this Washington. The venue of any action arising out of Agreement or to require at any time performance by this Agreement shall be in Spokane County, State of the other party of any provision hereof shall in no way Washington. be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part 32. ANTI-KICKBACK thereof. No officer or employee of City, having the power or 28. CONFIDENTIALITY duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this The Contractor may, from time-to-time, receive Agreement, or have solicited, accepted, or granted a information which is deemed by City to be present or future gift, favor, service, or other thing of confidential. The Contractor shall not disclose such value from any person with an interest in this information without the prior express written consent Agreement. of City or upon order of a Court of competent jurisdiction. 33. DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS— 29. DISPUTES AND DISPUTE EXPENSES PRIMARY COVERED TRANSACTIONS All disputes arising under or related to this Agreement 33A. CERTIFICATION that cannot be resolved through informal discussion By executing this Agreement, the Contractor certifies and negotiations shall be resolved by litigation filed in to the best of its knowledge and belief, that it and its the Superior Court of the State of Washington for principals: Spokane County, unless otherwise required by applicable federal or state law. The prevailing party in 1. Are not presently debarred, suspended, proposed any lawsuit or other legal proceeding seeking to for debarment, declared ineligible, or voluntarily enforce any term of this Agreement shall be entitled to excluded from covered transactions by any federal recover their reasonable attorney fees and costs depai tuient or agency; incurred in said action. 2. Have not within a three-year period preceding this 30. SUBCONTRACTOR RESPONSIBILITY proposal been convicted of or had a civil judgment As required by RCW 39.06.020, the Contractor shall rendered against them for commission of fraud or verify responsibility criteria for each first tier a criminal offense in connection with obtaining, attempting to obtain, or performing a public subcontractor and its subcontractors of any tier that (federal, state, or local) transaction or contract hires other subcontractors shall verify responsibility under a public transaction; violation of federal or criteria for each of its subcontractors. Verification state antitrust statutes or commission of shall include that each subcontractor, at the time of embezzlement, theft, forgery, bribery, falsification subcontract execution, meets the responsibility criteria or destruction of records, making false statements, listed in RCW 39.04.350(1) and possesses an electrical or receiving stolen property; contractor license, if required by RCW 19.28, or an elevator contractor license if required by RCW 70.87. 3. Are not presently indicted for or otherwise This verification requirement shall be included in criminally or civilly charged by a governmental every subcontract of every tier. entity (federal, state, or local) with commission of City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 8 of 11 Exhibit A Contract No. 24-040 any of the offenses enumerated in paragraph(A)(2) Including Procurements of Materials and Equipment. of this certification; and In all solicitations, either by competitive bidding, or 4. Have not within a three-year period preceding this negotiation made by Contractor for work to be application/proposal had one or more public performed under a subcontract, including transactions (federal, state, or local) terminated for procurements of materials, or leases of equipment, cause or default. each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations 33B. DOCUMENTATION under this Agreement and the Acts and the Regulations Where the prospective primary participant is unable to relative to non-discrimination on the grounds of race, certify to any of the statements in this certification, color, or national origin. such prospective participant shall attach an explanation 34D. INFORMATION AND REPORTS to this Agreement. Contractor shall provide all information and reports 34. ASSURANCE OF COMPLIANCE WITH required by the Acts, the regulations, and directives APPLICABLE FEDERAL LAW issued pursuant thereto, and shall permit access to its During the performance of this Agreement, the books,records, accounts, other sources of information, Contractor, for itself, its assignees, and successors in and its facilities as may be determined by the City or interest agrees as follows: the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where 34A. COMPLIANCE WITH REGULATIONS any information required of Contractor is in the The Contractor shall comply with the federal laws set exclusive possession of another who fails or refuses to forth in subsection 34G, below ("Pertinent Non- furnish the information, Contractor shall so certify to Discrimination Authorities") relative to non- the City or the WSDOT, as appropriate, and shall set discrimination in federally-assisted programs as forth what efforts it has made to obtain the information. adopted or amended from time-to-time, which are 34E. SANCTIONS FOR NONCOMPLIANCE herein incorporated by reference and made a part of this Agreement. In the event of a Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the 34B. NON-DISCRIMINATION City will impose such contract sanctions as it or the The Contractor, with regard to the work performed by WSDOT may determine to be appropriate, including, it during this Agreement, shall not discriminate on the but not limited to: grounds of race, color, or national origin in the 1. Withholding payments to Contractor under the selection and retention of subcontractors, including Agreement until Contractor complies; and/or procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in 2. Cancelling, terminating, or suspending the the discrimination prohibited by the Acts and the Agreement, in whole or in part. Regulations identified in subsection 34G below, 34F. INCORPORATION OF PROVISIONS including employment practices when the contract covers any activity, project, or program set forth in Contractor shall include the provisions of paragraphs Appendix B of 49 CFR Part 21. of these Contract Clauses in every subcontract, including procurements of materials and leases of 34C. SOLICITATIONS FOR SUBCONTRACTS equipment,unless exempt by the Acts, regulations and City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 9 of 11 Exhibit A Contract No. 24-040 directives issued pursuant thereto. Contractor shall 5. The Age Discrimination Act of 1975, as amended, take action with respect to any subcontract or (42 U.S.C. §6101 etseq.),(prohibits discrimination procurement as the City or the WSDOT may direct as on the basis of age); a means of enforcing such provisions, including 6. Airport and Airway Improvement Act of 1982, (49 sanctions for noncompliance. Provided, that if U.S.C. §471, Section 47123), as amended, Contractor becomes involved in, or is threatened with (prohibits discrimination based on race, creed, litigation by a subcontractor or supplier because of color, national origin, or sex); such direction, Contractor may request that the City enter into any litigation to protect the interests of the 7. The Civil Rights Restoration Act of 1987,(PL 100- City. In addition, Contractor may request the United 209), (Broadened the scope, coverage and States to enter into the litigation to protect the interests applicability of Title VI of the Civil Rights Act of of the United States. 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or 34G.PERTINENT NON-DISCRIMINATION activities of the Federal-aid recipients, sub- AUTHORITIES recipients and contractors, whether such programs or activities are Federally funded or not); During the performance of this Agreement, the Contractor agrees to comply with the following non- 8. Titles II and III of the Americans with Disabilities discrimination statutes and authorities; including but Act, which prohibit discrimination on the basis of not limited to: disability in the operation of public entities,public and private transportation systems,places of public 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. accommodation, and certain testing entities (42 §2000d et seq., 78 stat. 252), (prohibits U.S.C. §§12131-12189) as implemented by discrimination on the basis of race, color, national Department of Transportation regulations at 49 origin); and 49 CFR Part 21; and 49 Part 26; C.F.R. parts 37 and 38; 2. The Uniform Relocation Assistance and Real 9. The Federal Aviation Administration's Non- Property Acquisition Policies Act of 1970, (42 discrimination statute (49 U.S.C. §47123) U.S.C. §4601), (prohibits unfair treatment of (prohibits discrimination on the basis of race, persons displaced or whose property has been color, national origin, and sex); acquired because of Federal or Federal-aid programs and projects); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 3. Federal-Aid Highway Act of 1973, (23 U.S.C. Populations and Low-Income Populations, which §324 et seq.), (prohibits discrimination on the basis ensures Non-discrimination against minority of sex); populations by discouraging programs, policies, 4. Section 504 of the Rehabilitation Act of 1973, (29 and activities with disproportionately high and U.S.C. §794 et seq.), as amended, (prohibits adverse human health or environmental effects on discrimination on the basis of disability); and 49 minority and low-income populations; CFR Part 27; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 10 of 11 Exhibit A Contract No. 24-040 Proficiency, and resulting agency guidance, 32. SEVERABILITY national origin discrimination includes If any section, sentence, clause, or phrase of this discrimination because of Limited English Agreement should be held to be invalid for any reason proficiency (LEP). To ensure compliance with by a court of competent jurisdiction, such invalidity Title VI, you must take reasonable steps to ensure shall not affect the validity of any other section, that LEP persons have meaningful access to your sentence, clause, or phrase of this Agreement. programs (70 Fed. Reg. at 74087 to 74100); and 12 Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. §1681 et seq.). City of Spokane Valley Storm Drain Cleaning Services General Conditions Page 11 of 11 EXHIBIT B SCOPE OF WORK Provided Services: Storm Drain Cleaning Services Purchased Services Agreement Contract No.:24-040 Scope of Work Specifications for Storm Drain Cleaning 1 SCOPE OF SERVICES 1.1 OVERVIEW 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 nine months. The contractor will also provide associated traffic control on arterial streets as required. The contractor must have equipment and staff available to perform emergency work within two hours of notification, seven days a week. 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 or hazardous material 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. The contractor will be required to enter all cleaning records into a GIS database using an electronic tablet provided by the city. 1.2 APPROXIMATE QUANTITIES OF WORK • The approximate total number of storm drain structures to be cleaned in 2024 is: o 950 Catch Basins o 600 Sidewalk/curb Inlets o 550 Drywells o 10 Culverts o 4 Pump Station Vaults • The estimated total units for specified tasks in 2024 are: o 690 Hours "Structure Cleaning" o 340 Hours "Traffic Control with Flagging" o 3 Each "Absorb Liquid Hold" o 125 Hours "Debris Transport"to Disposal Sites o 120 Hours "Laborer" 1.3 ESTIMATED ANNUAL COST The estimated probable cost for this work in 2024 is $240,000. 1.4 OTHER CONSIDERATIONS • It is expected that the quantity of work may require more than one eductor trucks to complete the work within the approximate nine-month working window. • Water utility service costs to supply clean water to eductor trucks must also be included in Bid proposal. City of Spokane Valley Specifications for Storm Drain Cleaning 24-040—Storm Drain Cleaning Services EXHIBIT C COST STATEMENT Provided Services: Storm Drain Cleaning Services Purchased Services Agreement Contract No.:24-040 Cost Statement BID TABULATION `t Storm Drain Cleaning Services Spokane Contract No.24-040 400100 Va l ley. Engineers Estimate AAA Sweeping Big Sky Industrial Services Clean Harbors Description Units Qty. Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Structure Cleaning Hours 690 $241.00 $166,290.00 $210.50 $145,245.00 $223.00 $153,870.00 $442.00 $304,980.00 Laborer Hours 120 $97.00 $11,640.00 $75.00 $9,000.00 $91.00 $10,920.00 $95.00 $11,400.00 Traffic Control w/Flagging Hours 340 $90.00 $30,600.00 $111.80 $38,012.00 $120.00 $40,800.00 $95.00 $32,300.00 Absorb Liquid Hold Each 3 $56.55 $169.65 $60.00 $180.00 $58.00 $174.00 $2,400.00 $7,200.00 Absorbent Material Est 1 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 $800.00 Debris Transfer Hours 125 $241.00 $30,125.00 $210.50 $26,312.50 $223.00 $27,875.00 $347.00 $43,375.00 Total Annual Bid $239,624.65 $219,549.50 $234,439.00 $400,055.00 CHECKUST Competitive bids were opened on February 9th,2024. I Bid Proposal Checklist X X x hereby certify to the best of my ability that this is a true and Bid Proposal Form X X x correct bid tabulation for the Storm Drain Cleaning Services Addendas Acknowledged contract 24-040. Cert-Wage Pymt.Compliance X X x Contractor Info X X x n Bid Qualifications X X x (i(�( Subcontractor List Cory Olson Bid Bond X X x Engineering Technician/Contract Manager Reps&Certs X X x Note:Highlighted cells have been corrected for math errors 2/12/2024 P:\Public Works\01 Administration\Contracting\2024\Storm Drain Cleaning\SDC Bid Documents 2024\Bid Tab\2024 SDC-Bid Tabulation BID PROPOSAL STORM DRAIN CLEANING SERVICES Having carefully examined the Request for Bid and Specifications, the undersigned proposes to furnish Storm Drain Cleaning Services and meet all other terms and conditions of this Request for Proposals and referenced Specifications within (30) days of full execution of such Agreement for unit price amounts set forth below. Task/Item Est. Unit Unit Price Annual Bid Qty Structure Cleaning 690 Hours ,/2/0 se $/ 44S 2 9S Laborer 120 Hours . 7.S' $ q O O O Traffic Control 340 Hours 41',r// $ 3g 0/2. w/Flagging Absorb Liquid Hold 3 Each it 60 $ / 80 Absorbent Material I Est $800.00 $ 800 Debris Transfer 125 Hours "2/0 S� $ 2 S/2 Total Annual Bid: $ 2, / SS�p'_---� NOTE: The quantities of work listed in the Bid Schedule are for bid comparison between bidders only. The City does not guarantee a minimum specified amount of work for this contract. The undersigned inc.ividual represents and warrants that he or she is duly authorized to execute the bid on behalf of any��// partnership,joint venture, or corporation. Company Name: ,IMA S e < ' Street Address: 3808 4/,,S / ,'v /7eJ . 7 /o 7 — 8 City, State, & Zip Code: — 5 e A , e X 1(6/ i _ 1 9 2 / 6 Signature: Printed Name& Title: ,�r�e '`�' 7� s,��� 4j 4 * 60,— Phone Number: 9 — g Z,2 ^/3 e5. 3 Email Address: ,e/45) g.,r q _.t'-�t+�•e,a _.• e oft__ Date: /.$-4_3, City of Spokane Valley 3 Hid Proposal Documents 24-040-Storm Drain Cleaning Services EXHIBIT D INSURANCE ENDORSEMENTS Provided Services: Storm Drain Cleaning Services Purchased Services Agreement Contract No.:24-040 Insurance Endorsements Client#: 1926592 AAASWE2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)• 3/12/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sage Ryan-Wutherich USI Insurance Services NW PHONE 208-917-5692 FAX 610-362-8530 (A/C,No,Ext): (A/C No): 9016 E. Indiana Ave.,Suite A E-MAIL ADDRESS: ry sag e. an-wutherich@usi.com Spokane Valley,WA 99212 INSURER(S)AFFORDING COVERAGE NAIL# 509 456-2648 Alaska National Insurance Com an 38733 INSURER A: Company INSURED INSURER B:Westchester Surplus Lines Insurance Co. 10172 AAA Sweeping, LLC INSURER C:Navigators Specialty S ecial Insurance Co. 36056 PO Box 624 INSURER D Veradale,WA 99037 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X X 23JPS30908 10/19/2023 10/19/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occur ence) $100,000 X PD Ded:1,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JECT LOC OTHER: WA Stop Gap $1,000,000 A AUTOMOBILE LIABILITY X X 23JAS30908 10/19/2023 10/19/2024 (o°aBccideD SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY _ AUTOS $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) $ A )( UMBRELLA LIAB X OCCUR X X 23JLU30908 10/19/2023 10/19/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A L/R/H 23JPS30908 10/19/2023 10/19/2024 $100,000/$5,000ded B Pollution G24330746012 10/19/2023 10/19/2024 $1,000,000/$5,000ded C Excess SE23EXCZOOQJBIC 10/19/2023 10/19/2024 $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) RE:City of Spokane Valley Storm Drain Cleaning Services Contract 24-040 The General Liability and Automobile Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status,and only with regard to work performed by or on behalf of the named insured.The General Liability policy contains a special endorsement with Primary and Noncontributory (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 E Sprague Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE l . /q ( ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #544027666/M42337176 RAKZR DESCRIPTIONS (Continued from Page 1) wording,when required by written contract.The General Liability and Automobile Liability policies includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. SAGITTA 25.3(2016/03) 2 of 2 #S44027666/M42337176 CONTRACTORS'GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 13. Blanket Waiver of Subrogation 8 additional insured extensions. Waiver of subrogation where required by written contract or written agreement. Primary and Noncontributory Insurance 14. In Rem Actions 2. Damage To Premises Rented to You Limit increased to$500,000. 15. Voluntary Property Damage Limits added: $5,000 occurrence, $10,000 3. Medical Payments aggregate. Limits increased to$15,000. Reporting period increased to three years from 1. MISCELLANEOUS ADDITIONAL INSUREDS the date of accident. Section II Who Is An Insured is amended to 4. Non-owned Watercraft include as an additional Insured any person or Increased to 50 feet. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 5. Supplementary Payments as an additional insured on this policy under a Cost of bail bonds increased to$10,000. written contract or written agreement. However, Daily loss of earnings increased to$500. the written contract or written agreement must be: 6. Newly Formed Or Acquired Organizations 1. Currently in effect or becoming effective Coverage extended to the end of the policy period during the term of this policy;and or the next anniversary of this policy's effective date. 2. Executed prior to the "bodily injury", "property damage"or"personal injury and 7. Liberalization Clause advertising injury", but 8. Unintentional Failure To Disclose Hazards Only the following persons or organizations are additional insureds under this 9. Notice of Occurrence endorsement and coverage provided to such additional insureds is limited as provided 10. Broad Knowledge of Occurrence herein: 11. Bodily Injury-Extension of Coverage a. State or Governmental Agency or Subdivision or Political Subdivi- 12. Expected Or Intended Injury sions Reasonable force - bodily injury or property damage. ANIC GL 1187 08 21 Page 1 of 7 Any state or governmental agency or (2) Structural alterations, new con- subdivision or political subdivision struction or demolition operations that has issued a permit in performed by or on behalf of connection with operations performed such additional insured. by you or on your behalf and that you are required by any ordinance, law or d. Mortgagee,Assignee or Receiver building code to include as an additional insured on this coverage A mortgagee, assignee or receiver part is an additional insured, but only but only with respect to their liability with respect to liability for "bodily as mortgagee, assignee, or receiver injury", "property damage", "personal and arising out of the ownership, and advertising injury" arising out of maintenance, or use of a premises by such operations. you. The insurance provided to such state This insurance does not apply to or political subdivision does not apply structural alterations, new construc- to any "bodily injury", "property tion or demolition operations damage"or"personal and advertising performed by or for such additional injury" arising out of operations insured. performed for that state or political subdivision. e. Owners or Other Interests From Whom Land Has Been Leased b. Controlling Interest An owner or other interest from whom Any persons or organizations with a land has been leased by you but only controlling interest in you but only with respect to liability arising out of with respect to their liability arising the ownership, maintenance or use of out of: that specific part of the land leased to you and subject to the following (1) Their financial control of you,or additional exclusions: (2) Premises they own, maintain or This insurance does not apply to: control while you lease or occupy these premises. (1) Any "occurrence" which takes place after you cease to lease This insurance does not apply to that land;or structural alterations, new construc- tion and demolition operations (2) Structural alterations, new con- performed by or for such additional struction or demolition operations insured. performed by or on behalf of such additional insured. c. Managers or Lessors of Premises f. Co-owner of Insured Premises A manager or lessor of premises but only with respect to liability arising out A co-owner of a premises co-owned of the ownership, maintenance or use by you and covered under this of that specific part of the premises insurance but only with respect to the leased to you and subject to the co-owners liability as co-owner of following additional exclusions: such premises. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or ANIC GL 1187 08 21 Page 2 of 7 g. Lessor of Equipment Such person(s) or organization(s) is an additional insured only with Any person or organization from respect to liability for "bodily injury", whom you lease equipment. Such "property damage" or "personal and person or organization is an advertising injury" caused, in whole or additional insured only with respect to in part, by: their liability for "bodily injury", "property damage" or "personal and a. Your acts or omissions; or Advertising injury" caused, in whole or in part, by your maintenance, oper- b. The acts or omissions of ation or use of equipment leased to those acting on your behalf; you by such person or organization. or A person's or organization's status as an additional insured under this c. "Your Work" performed for endorsement ends when their written the additional insured contract or written agreement with described in Paragraph 1. or you for such leased equipment ends. 2. above and included in the "products-completed With respect to the insurance operations hazard." afforded these additional insureds, the following additional exclusions In the performance of your ongoing apply: operations or completed operations for the additional insured described in This insurance does not apply: Paragraph 1. or 2. above. (1) To any "occurrence" which takes However, the insurance afforded to place after the equipment lease such additional insured described expires;or above: (2) To "bodily injury", "property a. Only applies to the extent damage", or "personal and permitted by law;and advertising injury" arising out of the sole negligence of such b. Will not be broader than that additional insured. which you are required by the contract or agreement to h. Owners, Lessees or Contractors — provide for such additional Ongoing Operations and insured. Completed Operations 3. With respect to the insurance 1. Any person or organization for afforded to these additional whom you are performing insureds, the following additional operations or have performed exclusions apply: operations when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or 1. "Bodily injury", "property organization be added as an damage" or "personal and additional insured on your policy; advertising injury" arising out and of the rendering of, or the failure to render, any 2. Any other person or organization professional architectural, you are required to add as an engineering or surveying additional insured under the services, including: contract or agreement described in Paragraph 1.above. ANIC GL 1187 08 21 Page 3 of 7 a. The preparing, Section III - Limits of Insurance, the following is approving, or failing to added: prepare or approve, maps, shop drawings, With respect to the insurance afforded to the opinions, reports, additional insureds described in Paragraphs a. surveys, field orders, through h. above, the most we will pay on behalf change orders or of such additional insured is the amount of drawings and specifica- insurance: tions; or (1) Required by the contract or b. Supervisory, inspection, agreement; or architectural or engineering activities. (2) Available under the applicable Limits of Insurance shown in the This exclusion applies even if Declarations; the claims against any insured allege negligence or whichever is less. other wrongdoing in the supervision, hiring, employ- This provision shall not increase the applicable ment, training or monitoring Limits of Insurance shown in the Declaration. of others by that insured, if the "occurrence" which 2. Damage To Premises Rented to You caused the "bodily injury" or "property damage", or the SECTION III — LIMITS OF INSURANCE, offense which caused the Paragraph 6. is replaced by the following: "personal and advertising injury", involved the rendering 6. Subject to Paragraph 5. above, the of, or the failure to render, Damage to Premises Rented to You Limit any professional is the most we will pay under Coverage A architectural, engineering or for damages because of "property surveying services. damage" to any one premises, while rented to you, or in the case of damage Primary And Noncontributory Insurance by fire, while rented to you or temporarily occupied by you with permission of the The following is added to the Other Insurance owner. Condition and supersedes any provision to the contrary: If a limit is shown for Damage to Premises Rented to You the most we will pay under This insurance is primary to and will not seek Coverage A for damages because or "property contribution from any other insurance available to damage" to any one premises is the Limit shown an additional insured under your policy provided in the Declarations or $500,000, whichever is that: greater. (1) The additional insured is a 3. MEDICAL PAYMENTS Named Insured under such other insurance;and A. Section III—Limits of Insurance, Paragraph 7.is replaced by the following: (2) You have agreed in writing in a contract or agreement that this 7. Subject to Paragraph 5. above the insurance would be primary and Medical Expense Limit is the most we will would not seek contribution from pay under Coverage C for all medical any other insurance available to expenses because of "bodily injury" the additional insured. sustained by any one person. ANIC GL 1187 08 21 Page 4 of 7 If a limit is shown for Medical Expense in 5. SUPPLEMENTARY PAYMENTS the Declarations the most we will pay under Coverage C for all medical A. Under Section I -Supplementary Payments expenses because of "bodily injury" - Coverage A and B, Paragraph 1.b., the sustained by any one person is the Limit limit of$250 shown for the cost of bail bonds shown in the Declarations or $15,000, is replaced by$10,000; whichever is greater. B. In Paragraph 1.d.,the limit of$250 shown for B. This provision 5. (Medical Payments) does daily loss of earnings is replaced by$500. not apply if Section I - Coverage C Medical Payments is excluded either by the 6. NEWLY FORMED OR ACQUIRED provisions of the Coverage Part or by ORGANIZATIONS endorsement. Paragraph 3.a.of Section II-Who Is An Insured C. Paragraph 1.a.(3)(b) of Section I -Coverage is deleted and replaced by the following: C - Medical Payments, is replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next (b) The expenses are incurred anniversary of this policy's effective date after you and reported to us within acquire or form the organization, whichever is three years of the date of the earlier. accident; and 7. LIBERALIZATION CLAUSE 4. NON-OWNED WATERCRAFT If we adopt a change in our forms or rules which A. If endorsement CG 21 09, CG 21 10, CG 24 would broaden coverage for contractors under 50, or CG 24 51 is attached to the policy, this endorsement without an additional premium Paragraph A. 2. g. (2) (b) is replaced by the charge, your policy will automatically provide the following: additional coverages as of the date the revision is effective in your state. (b) A watercraft that you do not own that is: 8. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS (I) Less than 50 feet long: and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — (ii) Not being used to carry Representations is replaced by the following: persons or property for a charge. 6. Representations B. If Paragraph A. does not apply, Paragraph g. By accepting this policy,you agree: (2) of 2. EXCLUSION under SECTION I — COVERAGES, COVERAGE A — BODILY a. The statements in the Declarations are INJURY AND PROPERTY DAMAGE accurate and complete; LIABILITY is replaced by the following: b. Those statements are based upon (2) A watercraft that you do not own representations you made to us; and that is: c. We have issued this policy in reliance (a) Less than 50 feet long; and upon your representations. (b) Not being used to carry persons or property for a charge. ANIC GL 1187 08 21 Page 5 of 7 The unintentional omission of, or (4) A manager, if you are a limited unintentional error in, any information you liability company. provided to us which we relied upon in issuing this policy will not prejudice your 11. EXPANDED BODILY INJURY rights under this insurance. However, this provision does not affect our right to collect Section V - Definitions, the definition of "bodily additional premium or to exercise our rights of injury" is changed to read: cancellation or nonrenewal in accordance with applicable laws and regulations. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, 9. NOTICE OF OCCURRENCE humiliation, shock, mental anguish or mental injury by that person at any time which results as The following is added to Paragraph 2.of Section a consequence of the bodily injury, sickness or IV - Commercial General Liability Conditions - disease. Duties In The Event of Occurrence, Offense, Claim or Suit: 12. EXPECTED OR INTENDED INJURY Your rights under this Coverage Part will not be Exclusion a. of Section I - Coverage A - Bodily prejudiced if you fail to give us notice of an Injury and Property Damage Liability is "occurrence", offense, claim or "suit" and that replaced by the following: failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not a. "Bodily injury" or "property damage" covered under this Coverage Part. However, you expected or intended from the shall give written notice of this "occurrence", standpoint of the insured. This offense, claim or "suit" to us as soon as you are exclusion does not apply to "bodily aware that this insurance may apply to such injury" or"property damage" resulting "occurrence", offense,claim or"suit." from the use of reasonable force to protect persons or property. 10. BROAD KNOWLEDGE OF OCCURRENCE 13. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 2.of Section IV - Commercial General Liability Conditions - The Transfer Of Rights Of Recovery Against Duties in The Event of Occurrence, Offense, Others To Us Condition (Section IV - Claim or Suit: Commercial General Liability Conditions) is amended by the addition of the following: You must give us or our authorized representative notice of an "occurrence", offense, claim, or"suit" We waive any right of recovery against any only when the "occurrence", offense, claim or person or organization, because of any payment "suit' is known to: we make under this Coverage Part, to whom the insured has waived its right of recovery in a (1) You, if you are an individual; written contract or agreement. Such waiver by us applies only to the extent that the insured has (2) A partner, if you are a waived its right of recovery against such person partnership; or organization prior to loss. (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or ANIC GL 1187 08 21 Page 6 of 7 14. IN REM ACTIONS For the purpose of this coverage only, Section I— Coverage A — Bodily Injury and Property Any action in rem against any vessel owned, Damage Liability 2. Exclusions J. (4.) is operated by or for, or chartered by or for you will deleted. be treated in the same manner as though the action were in personam against you. As respects coverage afforded under Voluntary Property Damage, the following is added to 15. VOLUNTARY PROPERTY DAMAGE Section III—Limits of Insurance: The following is added, Section I—Coverage A— Regardless of the number of insureds, claims or Bodily Injury and Property Damage Liability 1., "suits" brought, or persons or organizations Insuring Agreement: making claims or bringing"suits": We will pay, at your request, for "property 1. Subject to 2. Below, the most we will pay for damage" to property of others while in the care, "property damage" arising from any one custody or control of an insured, arising out of "occurrence" arising out of "property damage your business operations away from your to property of others caused by you and while insured premises for which this policy is written in your care, custody or control is$5,000. and occurring during the policy period. 2. The most we will pay for the sum of all However, the "property damage" must be the "property damage" in an annual policy period result of unintentional damage or destruction but is $10,000. This amount is part of and not in does not include disappearance, theft, or loss of addition to the General Aggregate Limit use. described in Paragraph 2. of Section III — Limits of Insurance. You agree with us that we shall have no duty to defend any claims and/or "suits" for which the only coverage provided is under this coverage extension. Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 08 21 Page 7 of 7 Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict subrogation against that person or coverage. Read the entire policy carefully to organization is waived prior to the "accident" determine rights, duties, and what is and is not or the "loss" under a contract with that person covered. or organization. Throughout this policy, the words "you" and "your" SECTION II — COVERED AUTO LIABILITY refer to the Named Insured shown in the COVERAGE, Paragraph A.2.a. (2) —Supplementary Declarations. The words "we", "us", and "our" refer to Payments is replaced by the following: the company providing this insurance. (2) Up to $10,000 for cost of bail bonds Other words and phrases that appear in quotation (including bonds for related traffic law marks have special meaning. Refer to SECTION V— violations) required because of an DEFINITIONS in the Business Auto Coverage Form. "accident"we cover. We do not have The coverages provided by this endorsement apply to furnish these bonds. per "accident" and, unless otherwise specified, are SECTION II — COVERED AUTO LIABILITY subject to all of the terms, conditions, exclusions and COVERAGE, Paragraph A.2.a. (4) —Supplementary deductible provisions of the policy, to which it is Payments is replaced by the following: attached. (4) All reasonable expenses incurred by SECTION II — COVERED AUTO LIABILITY the "insured"at our request, including COVERAGE, Paragraph A.1. Who Is An Insured is actual loss of earnings up to $500 a amended to include: day because of time off from work. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an"auto" hired or rented under a contract COVERAGE, Paragraph A.2.c. —Voluntary Property or agreement in an "employee's" name, Damage is added as follows: with your permission, while performing c. Voluntary Property Damage duties related to the conduct of your business. At your written request, we may make a voluntary payment for Property Damage e. Any person or organization for whom you caused by an "insured", but without have agreed in writing to provide liability to a third party, up to$25,000. We insurance such as is afforded by this will not make a Voluntary Property Coverage Form, but only with respect to Damage payment to anyone who is an liability arising out of the ownership, "insured"under this policy. maintenance or use of"autos"covered by SECTION III — PHYSICAL DAMAGE COVERAGE, this policy. If such person or organization has other insurance then this insurance is Paragraph A.2. —Towing is replaced by the following: primary to and we will not seek Towing contribution from the other insurance. We will pay up to $500 for towing and labor SECTION IV — Business Auto Conditions, costs incurred each time a covered "auto" Paragraph A. 5. — Transfer of Rights of Recovery that is a: Against Others To Us is amended to include: a. Private passenger; 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s)to the extent that ANIC CA 1150 10 13 Page 1 of 4 Alaska National k INSURANCE COMPANY b. Truck; (3) Pick-up truck; c. Pick-up truck; (4) Panel; or d. Panel; or (5) Van e. Van type vehicle under 20,000 lbs. of Gross type vehicle under 20,000 lbs. of Gross Vehicle Weight. We will pay only for Vehicle Weight is disabled. However, the those covered "autos"for which you carry labor must be performed at place of either Comprehensive or Specified disablement. Causes of Loss Coverage. We will pay for temporary transportation expenses SECTION III — PHYSICAL DAMAGE COVERAGE, incurred during the period beginning 48 Paragraph A.3. — Glass Breakage — Hitting a Bird hours after the theft and ending, or Animal — Falling Objects or Missiles is replaced regardless of the policy's expiration, by the following: when the covered "auto" is returned to Glass Breakage—Hitting a Bird or Animal use or we pay for its"loss". —Falling Objects or Missiles SECTION III — PHYSICAL DAMAGE COVERAGE, If you carry Comprehensive Coverage for the Paragraph A.4.b. — Loss of Use Expenses is damaged covered "auto", we will pay the replaced by the following: following under Comprehensive Coverage: b. Loss of Use Expenses—Hired, Rented, a. Glass Breakage; or Borrowed Automobiles b. "Loss"caused by hitting a bird or animal; We will pay expenses for which an and "insured" becomes legally responsible to c. "Loss" caused by falling objects or pay for loss of use of a vehicle hired, missiles. rented or borrowed without a driver under a written rental contract or agreement. However, you have the option of having glass We will pay for loss of use expenses, if breakage caused by a covered "auto's" caused by: collision or overturn considered a"loss"under Collision Coverage. (1) Other than Collision, only if the Declarations indicate that Glass Repair—Waiver of Deductible Comprehensive Coverage is provided No deductible applies to glass breakage, if for the vehicle withdrawn from the glass is repaired rather than replaced. service. SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Specified Causes of Loss only if the Paragraph A.4.a. — Transportation Expenses is Declarations indicate that Specified replaced by the following: Causes of Loss Coverage is provided a. Transportation Expenses for the vehicle withdrawn from service. We will pay up to $200 per day to a maximum of $1,500 for temporary (3) Collision only if the Declarations transportation expense incurred by you indicate that Collision Coverage is because of the total theft of a covered provided for the vehicle withdrawn "auto"that is a: from service. (1) Private passenger; (2) Truck; ANIC CA 1150 10 13 Page 2 of 4 Alaska 111aiwonal t INSURANCE COMPANY However, the most we will pay for any (2) Truck; expenses for loss of use is$200 per day, to a (3) Pick-up truck; maximum of$1,500. SECTION III — PHYSICAL DAMAGE COVERAGE, (4) Panel; or Paragraph A.4.c. —Non-Transportation Loss of Use (5) Van Expenses is added as follows: type vehicle under 20,000 lbs. of Gross c. Non-Transportation Loss of Use Vehicle Weight. Payment applies in Expenses addition to the otherwise applicable amount of each coverage you have on a We will pay up to $2,000 for non- covered "auto". No deductibles apply to transportation expense incurred by you, this coverage. because of "loss" to a covered "auto", if caused by: (1) We will pay only for those expenses (1) Other than Collision, only if the incurred during the policy period Declarations indicate that beginning 24 hours after the "loss" Comprehensive Coverage is provided and ending, regardless of the policy's expiration, with the lesser of the for the"auto"withdrawn from service; following number of days: (2) Specified Causes of Loss only if the (a) The number of days reasonably Declarations indicate that Specified required to repair or replace the Causes of Loss Coverage is provided covered "auto". for the "auto"withdrawn from service; or (b) 30 days. (3) Collision only if the Declarations (2) This coverage does not apply while indicate that Collision Coverage is there are spare or reserve "autos" provided for the "auto" withdrawn available to you for your operations. from service. (3) The Rental Reimbursement Cov- SECTION III — PHYSICAL DAMAGE COVERAGE, erage described above does not Paragraph A.4.d. — Airbag Coverage is added as apply to a covered "auto" that is follows: described or designated as a covered "auto" on Rental Reimbursement d. Airbag Coverage Coverage Form CA 99 23. We will pay for the cost to repair, replace, SECTION IV — BUSINESS AUTO CONDITIONS — or reset an airbag that inflates for any Paragraph B.2. —Concealment, Misrepresentation Or reason other than as a result of a Fraud is amended by adding Unintentional Failure collision, if the Declarations indicate that to Disclose Hazards at the end of Paragraph B.2. as the covered "auto" has Comprehensive follows: Coverage or Specified Causes of Loss Coverage. Unintentional Failure to Disclose Hazards SECTION III — PHYSICAL DAMAGE COVERAGE, If you unintentionally fail to disclose any Paragraph A.4.e. — Rental Reimbursement hazards existing at the inception date of your Coverage is added as follows: policy, we will not deny coverage under this Coverage Form because of such failure. e. Rental Reimbursement Coverage However, this provision does not affect our We will pay up to $75 per day for rental right to collect additional premium or exercise reimbursement expenses incurred by you our right of cancellation or non-renewal. for the rental of an "auto" because of "loss"to a covered"auto"that is a: (1) Private Passenger; ANIC CA 1150 10 13 Page 3 of 4 • Alaska National INSURANCE COMPANY SECTION IV — BUSINESS AUTO CONDITIONS — SECTION V — DEFINITIONS — Paragraph C. — Paragraph B.5.b. — Other Insurance is replaced by "Bodily injury" is replaced by the following: the following: C. "Bodily injury" means bodily injury, sickness or b. For Hired Auto Physical Damage disease sustained by a person including death or Coverage, the following are deemed to mental anguish resulting from any of these. be covered"autos"you own: Mental anguish means any type of mental or (1) Any covered "auto" you lease, hire, emotional illness or disease rent, or borrow; and (2) Any covered "auto"" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered"auto". ANIC CA 1150 10 13 ©Insurance Services Office, Inc., 2009 Page 4 of 4 EXHIBIT E PERFORMANCE AND PAYMENT BONDS Provided Services: Storm Drain Cleaning Services Purchased Services Agreement Contract No.:24-040 Performance and Payment Bonds Exhibit E -Performance and Payment Bond ROF .000Vier al BOND NO: 107866697 CONTRACTOR'S PERFORMANCE AND PAYMENT BOND TO DUAL OBLIGEES KNOW ALL MEN BY THESE PRESENTS,that MA Sweeping, L.L.C. (Contractor),as Principal,and Travelers Casualty and Surety Company of America (Bonding Company), as Surety,a corporation of Connecticut ,whose principal office is located at One Tower Square, Hartford,CT 06183 . are firmly bound unto the State of Washington and the City of Spokane Valley,a political subdivision the State of Washington,as Obligees,to fulfill the obligations of the Principal and the Surety under the Contract to which reference is hereafter made,in the amount of$ 219,549.50 (including Washington State sales tax)for payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns jointly and severally,firmly by these presents. WHEREAS,Principal has by written Proposal dated 2-5-2024 _offered to enter into a Contract with the City of Spokane Valley for Contract No.24-040 pursuant to the terms and conditions set forth in the Contract Documents dated NOW,THEREFORE,the condition of this obligation is such that if the Principal shall faithfully perform all the provisions of the Contract on its part,and pay all laborers,mechanics,subcontractors and material suppliers,and all persons who supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work,and indemnify and hold harmless the Obligees from all loss,cost or damage which it may suffer by reason of the failure to do any of the foregoing,then this obligation shall be null and void;otherwise it shall remain in full force and effect. All persons who have furnished labor,materials or supplies for use in and about the work provided for in the Contract shall have a direct right of action under this bond,to the extent and in the manner set forth in RCW 39.08. The said Surety for value received hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the Contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND,and it does hereby waive notice of any such change.extension of time,alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS. No final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder. whose claim may be unsatisfied. SIGNED AND SEALED THIS 8th DAY OF March YEAR 20 24 . Travelers Casualty and Surety Company of America AAA Sweeping, L.L.C. SURETY PRINCIPAL '1)1cMCjak_QnS,:kt Signature Signature Roxana Palacios Bret Sargent Typed Name Typed Name Attorney-in-Fact Managing Member Title (SEAL) Title Travelers Casualty and Surety Company of America .A� 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 Roxana Palacios of SEATTLE , Washington , their true and lawful Attorney(s)-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 21st day of April, 2021. Iv e` II r- tociat. O4 r 1 State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, 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. kP autezd My Commission expires the 30th day of June,2026 Anna P.Nowik,Notary Public 4�1T�c This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,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 each of the Companies, 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 8th day of March , 2024 . 'Lfr Aqo py r : r Off, "+6 ,.— + • 11/ 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-named Attorneys)-in-Fad and the details of the bond to which this Power of Attorney is attached.