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24-092.00TrailheadTreeServicesTreeRemovalTrimmingServices Contract No. 24-092 PURCHASED SERVICES AGREEMENT Trailhead Tree Service 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 Trailhead Tree Service, ("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 Supplemental Requirements 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 December 31, 2024. 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. 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 contract price annually, and no later than November 15th 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). The reference point will be the CPI-U for September 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. 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 $ 15,000.00 , 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. Tree Removal and Trimming Services Agreement Page 1 of 2 Contract No.24-092 Contract No. 24-092 Prevailing wages are required to be paid for this work as outlined in the General Conditions and RCW 39.12. 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: Trailhead Tree Service Phone: (509) 720-5000 Phone: 509-496-1838 Address: 10210 East Sprague Avenue Address: 6916 West Deno Rd Spokane Valley, WA 99206 Spokane, WA 99224 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. Supplemental Requirements C. Bid Proposal / Labor and Equipment Rates D. Insurance Endorsements 6. Execution. The Parties have executed this Agreement this 2 3 44 day of re1 / CITY OF SPOKANE VALLEY: Contractor: hn Hohman, City Manager By: Its: Authorized Representative APPROVED AS TO FORM: 4of4Aftorney Tree Removal and Trimming Services Agreement Page 2 of 2 Contract No.24-092 EXHIBIT A GENERAL CONDITIONS 1. RELATIONSHIP OF THE PARTIES. It is understood and agreed that Contractor shall be an insurance, or otherwise limit the City's recourse to any independent contractor and not the agent or employee of remedy available at law or in equity. City,that City is interested only in the results to be achieved, 6A. MINIMUM SCOPE OF INSURANCE and that the right to control the particular manner, method, and means in which the services are performed is solely Contractor shall obtain insurance of the types described within the discretion of Contractor. Any and all employees below: who provide services to City under this Agreement shall be 1. Automobile Liability insurance covering all owned, non- deemed employees solely of Contractor. Contractor shall owned, hired and leased vehicles. Coverage shall be be solely responsible for the conduct and actions of all its written on Insurance Services Office (ISO) form CA 00 employees under this Agreement and any liability that may 01 or a substitute form, providing equivalent liability attach thereto. coverage. If necessary,the policy shall be endorsed to 2. COMPLIANCE WITH LAWS AND PERMITS provide contractual liability coverage. The Contractor shall comply with and give notices required 2. Commercial General Liability insurance shall be written by all laws, ordinances, codes, rules, regulations, and on ISO occurrence form CG 00 01 or the equivalent permits relating to the conduct of the work. Except as and shall cover liability arising from premises, specifically otherwise provided herein, the Contractor shall operations, independent contractors, products- obtain and pay for all permits and licenses necessary to completed operations, stop gap liability, personal injury conduct the work. The Contractor shall comply with and advertising injury, and liability assumed under an Chapter 49.28 RCW, Hours of Labor. insured contract. The commercial general liability insurance shall be endorsed to provide a per project 3. CONTRACTOR REGISTRATION aggregate limit using ISO form CG 25 03 05 09 or an The Contractor shall be duly licensed, registered, and equivalent endorsement. There shall be no bonded by the State of Washington at all times this endorsement or modification of the commercial general Agreement is in effect. Prior to commencement of Work liability insurance for liability arising from explosion, under this Agreement,Contractor shall register with the City collapse, or underground property damage. The City as a business if it has not already done so. shall be named as an insured under the Contractor's Commercial General Liability insurance policy with 4. TIME OF THE ESSENCE respect to the work performed for the City using ISO Time is of the essence for completion of the Work identified Additional Insured endorsement CG 20 10 10 01 and in the Agreement. The Contractor shall start work within 10 Additional Insured Completed Operations endorsement days after the effective date of the written Notice to Proceed CG 20 37 10 01 or substitute endorsements providing issued by the City or execution of the Agreement if no formal equivalent coverage. Notice is to be issued. The Contractor shall plan and 3. Workers' Compensation coverage as required by the prosecute the work diligently so that the various portions of Industrial Insurance laws of the state of Washington. the work shall be completed within the time set forth in the Contract Documents. 6B. MINIMUM AMOUNTS OF INSURANCE Contractor shall maintain the following insurance limits: 5. VACANT This section is intentionally vacant. 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property 6. INSURANCE damage of$1,000,000 per accident. The Contractor shall procure and maintain for the duration 2. Commercial General Liability insurance shall be written of the Agreement, insurance against claims for injuries to with limits no less than $2,000,000 each occurrence, persons or damage to property which may arise from or in $2,000,000 general aggregate and a $2,000,000 connection with the performance of the work hereunder by products-completed operations aggregate limit. the Contractor, their agents, representatives, employees or 6C. OTHER INSURANCE PROVISIONS subcontractors. The insurance policies are to contain, or be endorsed to No Limitation. Contractor's maintenance of insurance as contain,the following provisions for Automobile Liability and required by the agreement shall not be construed to limit the Commercial General Liability insurance: liability of the Contractor to the coverage provided by such Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-1 GENERAL CONDITIONS 1. The Contractor's insurance coverage shall be primary for determining the limits of coverage to be required to be insurance as respects the City. Any Insurance, self- obtained by subcontractors. Contractor shall ensure that insurance, or insurance pool coverage maintained by the City is an additional insured on each and every the City shall be excess of the Contractor's insurance subcontractor's commercial general liability insurance and shall not contribute with it. policy using an endorsement at least as broad as ISO 2. The Contractor's insurance shall be endorsed to state additional insured endorsement CG 20 38 04 13. that coverage shall not be cancelled by either party, 7. PERFORMANCE/PAYMENT BOND except after thirty (30) days prior written notice by pursuant to RCW 39.08.010 the Contractor, prior to certified mail, return receipt requested, has been given commencing work, shall furnish a Performance and a to the City. Payment Bond for the full contract sum including sales tax; 3. If the Contractor maintains higher insurance limits than however, if the Contract Sum does not exceed$150,000 the the minimums above, the City shall be insured for the Contractor may, in lieu of providing a bond, request the City full available limits of commercial general and excess or retain 10%of the Contract amount earned for a period of 30 umbrella liability maintained by the Contractor, days following acceptance of the work or until receipt of all irrespective of whether such limits maintained by the necessary releases and settlement of any liens filed under Contractor are greater than those required or whether Chapter 60.28 RCW, whichever is later, at which time the any certificate of insurance furnished to the City City in ordinary course of business will make final payment. evidences limits of liability lower than those maintained by the Contractor. 8. PREVAILING WAGES 4. Failure on the part of the Contractor to maintain the The Contractor shall comply with the requirements of RCW insurance as require shall constitute a material breach 39.12 and shall pay each employee an amount not less than of the Contract, upon which the City may, after giving at the Prevailing Rate of Wage, as specified by the Industrial least five business days' notice to the Contractor to Statistician of the Washington State Department of Labor correct the breach, immediately terminate the and Industries (L&I). If employing labor in a class not Agreement. Or at its sole discretion, the City may shown, the Contractor shall request a determination of the procure or renew such insurance and pay any and all correct wage rate for the class and locality from the premiums in connection therewith, with any sums Industrial Statistician. The Contractor shall provide a copy expended to be repaid to the City on demand, or at the of any such determinations to the City. sole discretion of the City, deduct against funds due the Before commencement and upon completion of work, the Contractor from the City. Contractor shall file the forms and pay the filing fees 6D. ACCEPTABILITY OF INSURERS required by L&I. The Contractor shall indemnify and hold the City harmless from any claims related to the payment or Insurance is to be placed with insurers with a current A.M. non-payment of such wages by the Contractor. The Best rating of not less than A:VII. schedule of Prevailing Wage Rates is incorporated by 6E. EVIDENCE OF COVERAGE reference into these Contract Documents. As evidence of the insurance coverages, the Contractor The prevailing wage rates as provided to the City by the shall furnish acceptable insurance certificates to the City at Industrial Statistician of the Washington State Department the time the Contractor returns the signed Agreement. The of Labor and Industries is available for download at URL certificates shall specify all parties who are additional httD://www.lni.wa.gov/TradesLicensinc/PrevWacie/WageR insured, and shall include applicable policy endorsements, ates/. and the deduction or retention level. Insuring companies or It is the Contractor's sole responsibility to determine the entities are subject to City acceptance. If requested, most current wage rates it will actually have to pay. These complete copies of insurance policies shall be provided to rates shall remain in effect for the duration throughout the City. The Contractor shall be financially responsible for Contractor's performance of the Work. all pertinent deductibles,self-insured retentions,and/or self- insurance. 9. WORKERS' BENEFITS 6F. SUBCONTRACTORS The Contractor shall make all payments required for Contractor shall cause each and every subcontractor to unemployment compensation under Title 50 RCW and for provide insurance coverage that complies with all applicable industrial insurance and medical aid required under Title 51 requirements of the Contractor-provided insurance as set RCW and shall furnish proof of payment if requested by the forth herein, except Contractor shall have sole responsibility City. If any payment required by Title 50 or Title 51 is not Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-2 GENERAL CONDITIONS made when due, the City may retain such payments from construction, or for safety precautions or programs any money due the Contractor and pay the same into the incidental thereto, these being the sole responsibility of the appropriate fund. Contractor. 10. PAYMENT AND RETAINAGE 12. CONTRACT DOCUMENT INTERPRETATION Upon completion of the work or no more often than monthly, The intent of the contract documents is to prescribe a the Contractor shall submit an invoice for work completed complete work. The Contractor shall furnish all labor, to the attention of the City Finance Department and the materials, equipment, and incidentals necessary or Project Manager. The City will make payment within 30 convenient to complete all parts of the work. Compensation days of receipt of the Contractor's properly completed for the cost of furnishing the foregoing and for full invoice or receipt of the goods and services, whichever is performance of the contract shall be considered as included later. in the contract sum. This Agreement shall be governed by, The City will pay 95%of the amount of the approved invoice and interpreted in, accordance with Washington law. and will retain 5% in accordance with Retainage 13. OWNERSHIP OF DOCUMENTS requirements of Chapter 60.28 RCW. Pursuant to Chapter All Drawings, plans, specifications, and other related 60.28 RCW, the City will retain the 5% for a period of 45 documents prepared by the Contractor under this days after date of acceptance, or until receipt of all Agreement are, and shall be, property of the City, and may necessary releases and settlement of any liens filed under be subject to disclosure pursuant to RCW 42.56, or other Chapter 60.28 RCW, whichever is later, at which time the applicable public record laws. City in ordinary course of business will make final payment. Additional Retainaqe In Lieu of Bond: As set forth in section 14. RECORDS 7 of this Agreement, for contracts of$150,000 or less, the The City or State Auditor, or any of their representatives, Contractor may request that the City retain 10% of shall have full access to and the right to examine during payments in lieu of providing payment and performance normal business hours all of Contractor's records with bonds pursuant to Chapter 39.08.010 RCW. If Contractor respect to all matters covered in this Agreement. Such makes such a request,then the City will retain the 10%from representatives shall be permitted to audit, examine, make each payment, which retained amount shall be in addition excerpts or transcripts from such records, and to make to the 5% retained under Chapter 60.28 RCW. The City audits of all contracts, invoices, materials, payrolls, and shall hold the retained amount for a period of 30 days after record of matters covered by this Agreement for a period of date of acceptance, or until receipt of all necessary releases three years from the date final payment is made hereunder. and settlement of any liens filed under Chapter 60.28 RCW, whichever is later, at which time the City in ordinary course 15. CHANGES of business will make final payment. The City may make changes in the work within the scope of Payment of retainage shall neither(a) waive or release the this Contract and such changes may be made without City's rights, nor(b) relieve the Contractor of any obligations notice to any sureties. If any change causes an increase or under this Contract or by law. decrease in the Contractor's cost of, or the time required for the performance of,any part of the work under this Contract, 11. AUTHORITY OF THE PROJECT MANAGER an equitable adjustment will be made consistent with such The Project Manager or his/her Representative is the change and the Contract modified in writing accordingly, representative of the City, and the Contractor shall look to provided, however, that the Contractor notifies the City of the Project Manager in matters relating to compliance with the change in cost or time before commencing the changed Contract requirements. The work shall be done to the work. Records pertaining to changes in the work shall be complete satisfaction of the Project Manager. The Project maintained sufficiently to document all costs. Failure to Manager will decide all questions which may arise maintain and disclose the required records shall constitute concerning the quality and acceptability of materials and a waiver of the Contractor's claim for costs not documented. equipment furnished and work performed, the rate of The value of any work covered by a change order or of any progress of the work, and interpretation of the contract claim for increase or decrease in the Contract price will be documents. The Project Manager has the authority to reject determined by one or more of the following methods in the work which is defective or does not otherwise conform to order of precedence listed below, if not specified in the the contract documents. The Project Manager is not bidding schedule: responsible for and will not have control or charge of the means, methods, techniques, sequences, or procedures of Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-3 GENERAL CONDITIONS 15.A. UNIT PRICES Unless otherwise specifically stated in the Contract, the Unit prices set forth in the Contract Documents. Contractor shall provide and pay for materials, labor, tools, equipment, water, light, power, transportation, supervision, 15.B. LUMP SUM and temporary construction, and other services and Lump sum as agreed, provided that the Contractor may be facilities of any nature necessary to execute, complete and required to provide a detailed cost estimate for the proposed deliver the work within the Contract Time. Material and change. equipment shall be new and of a quality equal to or better 15.C. TIME AND MATERIALS than that specified. Equipment offered shall be current models which have been in successful regular operation Time and materials basis at rates set forth in the Contract under comparable conditions. The work performed shall be Documents or, if not specified, as follows: in conformity with the best modern practice of the trade with 1. Labor not to exceed applicable Prevailing Rates of the intent to secure the best standard of construction and Wage, plus 15%for overhead, profit and all other costs equipment of work as a whole and in part. incurred in supplying labor; 17. SAFETY 2. Materials and supplies incorporated in and necessary The Contractor shall maintain the work site and perform the for the work, plus 15% for overhead, profit and all other work in a manner which meets all legal requirements for the costs incurred in supplying the materials and supplies; provision of a safe workplace. The Contractor shall comply 3. Equipment, excluding small hand tools, at up to the with safety standards and provisions of applicable laws, maximum hourly rates set forth in the current "AGC_ building and construction codes, and the safety regulations DOT Equipment Rental Agreement" at such rates as set forth in "Safety Standards for Construction", Chapter approved by the Engineer, plus 15%for overhead, profit 296-155 WAC, and "General Safety Standards", Chapter and all other costs incurred in supplying such 296-24 WAC, issued by the Washington State Department equipment; of Labor and Industries. 4. "Overhead"shall include, but not be limited to: field and 18. HAZARDOUS MATERIALS office engineering, estimating, general The Contractor shall give immediate notice to the City upon superintendence, purchasing, office expense, small the discovery of any hazardous or petroleum-contaminated hand tools, all applicable taxes (except state and local materials not specifically identified in the Contract retail sales tax), bonding and insurance costs, delay, Documents and proceed thereafter only as directed by the acceleration or other impact and any other costs of City or as set forth in the specifications. If the material doing business; proves positive as containing asbestos, such material shall 5. Subcontractor's work costs shall be calculated in be handled in compliance with WAC 296-62-077 through accordance with subparagraphs 1 through 4 above. To 296 62 07753. Hazardous materials include asbestos, the total(excluding all markups for overhead and profit) PCBs, lead, radioactive materials, explosives and other shall be added 10%for the Contractor's supervision and materials defined as hazardous or dangerous wastes in overhead support; WAC Chapters 173-303 and 173-305. 6. All costs of the Contractor and any subcontractor 19. PROTECTION OF UTILITIES attributable to a change in the work are either The Contractor shall protect from damage public and private specifically listed or covered by the multipliers specified utilities encountered during the work. Prior to beginning in paragraphs 1 through 5 above. work, the Contractor shall give proper notification as 16. QUALITY required by RCW 19.122.030 to the agencies that have utilities in place and shall cooperate with these agencies in The Contractor shall supervise and direct the work using its the protection and relocation of underground utilities, best efforts, skills and attention. The Contractor shall be facilities and structures. The number to call is 1-800-424- solely responsible for and shall have full control and charge 5555. of construction means, methods, techniques, sequences, and procedures,and for coordinating all portions of the work 20. RECORD DRAWINGS under the contract. The Contractor is for all purposes an Upon completion of work and before requesting final independent Contractor and not an agent or employee of payment, provide the Project Manager with record drawings the City. and all operation and maintenance information showing actual dimensions and locations along with changes made during execution of the work. Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-4 GENERAL CONDITIONS 21. COMPLETION OF WORK Contractor's liability hereunder shall be only to the extent of The Contractor shall notify the Engineer when it considers the Contractor's negligence. It is further specifically and the work complete. If, upon inspection, the City determines expressly understood that the indemnification provided that all work has been completed in accordance with the herein constitutes the Contractor's waiver of immunity under terms of this Contract,the City will accept such work, which Industrial Insurance, Title 51 RCW, solely for the purposes acceptance shall be evidenced by a written letter of of this indemnification. This waiver has been mutually acceptance to the Contractor. The City shall not be barred negotiated by the parties. The provisions of this section by acceptance from requiring the Contractor to remove, shall survive the expiration or termination of this Agreement. replace, repair, or dispose of unauthorized or defective The Contractor shall pay all attorney's fees and expenses work, material, or equipment or from recovering damages incurred by the City in establishing and enforcing the City's for the same. rights under this paragraph, whether or not a suit was 22. GUARANTEE instituted. 22.A. REPAIRS 25. TERMINATION OF CONTRACT For a period of 365 days after the date of acceptance of the The City may terminate the Contract whenever (a) the work, the Contractor, upon notification from the City, shall Contractor is deemed to be in default or violates the promptly schedule and make all repairs to the Contractor- provisions of the Contract by failing, neglecting, or refusing furnished materials, equipment and/or workmanship which to proceed according to and in full compliance with the may be necessary to make such materials, equipment Contract Documents, and(b)ten(10)have expired after the and/or workmanship equal to that specified in the Contract. City delivered notice of the default/violation to Contractor. 22.B. WARRANTY Upon termination the City may exclude the Contractor from the site and shall take possession of the work and all of the Unless provided otherwise in the Contract Documents, materials and equipment for which the City has paid any Contractor warrants that all Work and materials performed amount on to the Contractor. The Contractor shall be or installed under this Agreement are free from defect or entitled to payment for portions of the work satisfactorily failure for a period of one year following final acceptance by completed prior to termination, less costs incurred by the City, unless a supplier or manufacturer has a warranty for a City as a result of the Contractor's default. greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in The City shall have the right to terminate this Contract for work or materials, Contractor shall, within the warranty any reason whatsoever by written notice to the Contractor period, remedy the same at no cost or expense to City. This identifying the effective date of termination, provided said warranty provision shall not be construed to establish a notice is delivered to Contractor at least ten (10) days prior period of limitation with respect to Contractor's other to the effective termination date. The Contractor shall obligations under this Agreement. discontinue work by the effective termination date unless the notice specifies otherwise. Upon such termination, the 23. NON-DISCRIMINATION Contractor shall be paid in ordinary course of business for The Contractor shall fully comply with all federal, state, and all work satisfactorily completed to the effective date of local laws, regulations, and ordinances pertaining to non- termination. discrimination and equal employment. 26. ASSIGNMENT OF CONTRACT 24. INDEMNIFICATION The Contractor shall not assign this contract, or subcontract The Contractor shall defend, indemnify and hold the City, its the work, in whole or in part, except with the prior written officers, officials, employees and volunteers harmless from consent of the City. The Contractor shall require each any and all claims, injuries, damages, losses or suits subcontractor to comply with the requirements of these including attorney fees, arising out of or in connection with Contract Documents. Subcontractors will not be recognized the performance of this Agreement, except for injuries and as having a direct relationship with the City, nor are damages caused by the sole negligence of the City. subcontractors intended or incidental third-party beneficiaries to this Contract. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event 27. WAIVER of liability for damages arising out of bodily injury to persons No officer, employee, agent, or other individual acting on or damages to property caused by or resulting from the behalf of either party has the power, right, or authority to concurrent negligence of the Contractor and the City, its waive any of the conditions or provisions of this Agreement. officers, officials, employees, and volunteers, the No waiver in one instance shall be held to be waiver of any Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-5 GENERAL CONDITIONS other subsequent breach or nonperformance. All remedies 33. DEBARMENT,SUSPENSION,AND OTHER afforded in this Agreement or by law shall be taken and RESPONSIBILITY MATTERS—PRIMARY construed as cumulative and in addition to every other COVERED TRANSACTIONS. remedy provided herein or by law. Failure of either party to 33A. CERTIFICATION enforce at any time any of the provisions of this Agreement By executing this Agreement, the Contractor certifies to the or to require at any time performance by the other party of best of its knowledge and belief, that it and its principals: any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this 1. Are not presently debarred, suspended, proposed for Agreement or any part thereof. debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or 28. CONFIDENTIALITY agency; The Contractor may, from time-to-time, receive information 2 Have not within a three-year period preceding this which is deemed by City to be confidential. The Contractor proposal been convicted of or had a civil judgment shall not disclose such information without the prior express rendered against them for commission of fraud or a written consent of City or upon order of a Court of competent criminal offense in connection with obtaining, jurisdiction. attempting to obtain, or performing a public (federal, 29. DISPUTES AND DISPUTE EXPENSES state, or local) transaction or contract under a public All disputes arising under or related to this Agreement that transaction; violation of federal or state antitrust cannot be resolved through informal discussion and statutes or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records, making negotiations shall be resolved by litigation filed in the false statements, or receiving stolen property; Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or 3. Are not presently indicted for or otherwise criminally or state law. The prevailing party in any lawsuit or other legal civilly charged by a governmental entity (federal, state, proceeding seeking to enforce any term of this Agreement or local) with commission of any of the offenses shall be entitled to recover their reasonable attorney fees enumerated in paragraph(A)(2)of this certification;and and costs incurred in said action. 4. Have not within a three-year period preceding this 30. SUBCONTRACTOR RESPONSIBILITY application/proposal had one or more public As required by RCW 39.06.020, the Contractor shall verify transactions (federal, state, or local) terminated for cause or default. responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors 33B. DOCUMENTATION shall verify responsibility criteria for each of its Where the prospective primary participant is unable to subcontractors. Verification shall include that each certify to any of the statements in this certification, such subcontractor, at the time of subcontract execution, meets prospective participant shall attach an explanation to this the responsibility criteria listed in RCW 39.04.350(1) and Agreement. possesses an electrical contractor license, if required by RCW 19.28, or an elevator contractor license if required by 34. ASSURANCE OF COMPLIANCE WITH RCW 70.87. This verification requirement shall be included APPLICABLE FEDERAL LAW in every subcontract of every tier. During the performance of this Agreement, the Contractor, 31. JURISDICTION AND VENUE for itself, its assignees, and successors in interest agrees as follows: This Agreement is entered into in Spokane County, Washington. The venue of any action arising out of this 34A. COMPLIANCE WITH REGULATIONS Agreement shall be in Spokane County, State of The Contractor shall comply with the federal laws set forth Washington. in subsection 34G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally- 32. ANTI-KICKBACK assisted programs as adopted or amended from time-to- No officer or employee of City, having the power or duty to time, which are herein incorporated by reference and made perform an official act or action related to this Agreement, a part of this Agreement. shall have or acquire any interest in this Agreement,or have 34B. NON-DISCRIMINATION solicited, accepted, or granted a present or future gift,favor, service, or other thing of value from any person with an The Contractor, with regard to the work performed by it interest in this Agreement. during this Agreement,shall not discriminate on the grounds Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-6 GENERAL CONDITIONS of race,color,or national origin in the selection and retention threatened with litigation by a subcontractor or supplier of subcontractors, including procurements of materials and because of such direction, Contractor may request that the leases of equipment. Contractor shall not participate City enter into any litigation to protect the interests of the directly or indirectly in the discrimination prohibited by the City. In addition, Contractor may request the United States Acts and the Regulations identified in subsection 34G to enter into the litigation to protect the interests of the below, including employment practices when the contract United States. covers any activity, project,or program set forth in Appendix 34G. PERTINENT NON-DISCRIMINATION AUTHORITIES B of 49 CFR Part 21. During the performance of this Agreement, the Contractor 34C. SOLICITATIONS FOR SUBCONTRACTS agrees to comply with the following non-discrimination Including Procurements of Materials and Equipment. In all statutes and authorities; including but not limited to: solicitations, either by competitive bidding, or negotiation 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. made by Contractor for work to be performed under a §2000d et seq., 78 stat. 252), (prohibits discrimination subcontract, including procurements of materials, or leases on the basis of race, color, national origin); and 49 CFR of equipment, each potential subcontractor or supplier shall Part 21; and 49 Part 26; be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to 2. The Uniform Relocation Assistance and Real Property non-discrimination on the grounds of race, color, or national Acquisition Policies Act of 1970, (42 U.S.C. §4601), origin. (prohibits unfair treatment of persons displaced or 34D. INFORMATION AND REPORTS whose property has been acquired because of Federal or Federal-aid programs and projects); Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant 3. Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et thereto, and shall permit access to its books, records, seq.), (prohibits discrimination on the basis of sex); accounts, other sources of information, and its facilities as 4. Section 504 of the Rehabilitation Act of 1973, (29 may be determined by the City or the WSDOT to be U.S.C. §794 et seq.), as amended, (prohibits pertinent to ascertain compliance with such Acts, discrimination on the basis of disability); and 49 CFR regulations, and instructions. Where any information Part 27; required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, 5. The Age Discrimination Act of 1975, as amended, (42 Contractor shall so certify to the City or the WSDOT, as U.S.C. §6101 et seq.), (prohibits discrimination on the appropriate, and shall set forth what efforts it has made to basis of age); obtain the information. 6. Airport and Airway Improvement Act of 1982,(49 U.S.C. 34E. SANCTIONS FOR NONCOMPLIANCE §471, Section 47123), as amended, (prohibits In the event of a Contractor's noncompliance with the discrimination based on race, creed, color, national nondiscrimination provisions of this Agreement,the City will origin, or sex); impose such contract sanctions as it or the WSDOT may 7. The Civil Rights Restoration Act of 1987, (PL 100-209), determine to be appropriate, including, but not limited to: (Broadened the scope, coverage and applicability of 1. Withholding payments to Contractor under the Title VI of the Civil Rights Act of 1964, The Age Agreement until Contractor complies; and/or Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition 2. Cancelling, terminating, or suspending the Agreement, of the terms"programs or activities"to include all of the in whole or in part. programs or activities of the Federal-aid recipients, sub- 34F. INCORPORATION OF PROVISIONS recipients and contractors, whether such programs or activities are Federally funded or not); Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including 8. Titles II and III of the Americans with Disabilities Act, procurements of materials and leases of equipment, unless which prohibit discrimination on the basis of disability in exempt by the Acts, regulations and directives issued the operation of public entities, public and private pursuant thereto. Contractor shall take action with respect transportation systems, places of public to any subcontract or procurement as the City or the accommodation, and certain testing entities (42 U.S.C. WSDOT may direct as a means of enforcing such §§12131-12189) as implemented by Department of provisions, including sanctions for noncompliance. Transportation regulations at49 C.F.R.parts 37 and 38; Provided, that if Contractor becomes involved in, or is Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-7 GENERAL CONDITIONS 9. The Federal Aviation Administration's Non- access to your programs (70 Fed. Reg. at 74087 to discrimination statute (49 U.S.C. §47123) (prohibits 74100); and discrimination on the basis of race, color, national 12 Title IX of the Education Amendments of 1972, as origin, and sex); amended, which prohibits you from discriminating 10. Executive Order 12898, Federal Actions to Address because of sex in education programs or activities (20 Environmental Justice in Minority Populations and Low- U.S.C. §1681 et seq.). Income Populations,which ensures Non-discrimination against minority populations by discouraging programs, 35. SEVERABILITY policies, and activities with disproportionately high and If any section, sentence, clause, or phrase of this adverse human health or environmental effects on Agreement should be held to be invalid for any reason by a minority and low-income populations; court of competent jurisdiction, such invalidity shall not 11. Executive Order 13166, Improving Access to Services affect the validity of any other section, sentence, clause, or for Persons with Limited English Proficiency, and phrase of this Agreement. resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful Provided Services: Purchased Services Agreement Contract No.:24-092 General Conditions-8 ATTACHMENT B—SUPPLEMENTAL REQUIREMENTS SUPPLEMENTAL REQUIREMENTS Tree Removal and Trimming Services Contract No.24-092 Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services TABLE OF CONTENTS Page 1. WORK REQUIREMENTS 2 1.1. WORK SUMMARY 2 1.1.1. Equipment and Supplies 2 1.1.2. Vehicles 2 1.1.3. Work Plan 2 1.1.4. Work Schedule 3 1.1.5. Debris Disposal 3 1.1.6. Traffic Control 3 1.2. CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS& SUPPORT FACILITIES 3 1.2.1. Support Facilities 3 1.2.2. General Standards 3 1.3. PRESERVATION OF PROPERTY 4 1.4. COMPLAINTS AND DEFICIENCIES 4 1.4.1. Complaints 4 1.4.2. Deficiencies 4 1.4.3. Failure to Perform 4 1.5. INSPECTIONS&REPORTING 5 1.5.1. City Inspections 5 1.5.2. Periodic Contractor Reporting 5 2. GENERAL CONTRACT SUPPLEMENTAL REQUIREMENTS 6 2.1. CONTRACTOR INFORMATION 6 2.2. CONTRACT TYPE 6 2.3. WORK ORDER PROCESS 6 2.4. PREVAILING WAGES 6 2.5. CONTRACT ADMINISTRATORS 7 2.6. ONE GENERAL CONTRACTOR 7 2.6.1. Subcontractors 7 2.6.2. Contractor's Supervisor 7 2.7. COORDINATION OF CONTRACT DOCUMENTS 7 2.8. CONTRACT TERM AND OPTION YEARS 7 2.9. CONTRACTOR REQUIREMENTS 8 2.10. CHANGES,CORRECTIONS,AND CLARIFICATIONS 8 2.10.1. Changes 8 2.10.2. Corrections&Clarifications 8 2.11. PAYMENT AUTHORIZATION 9 2.11.1. City Inspection 9 2.11.2. Contractor Reports 9 2.11.3. Prevailing Wage Requirements 9 2.11.4. Invoice Submittal,Review,&Approval 9 2.11.5. Retention of Payment 9 3. MEASUREMENT AND PAYMENT 10 3.1. Measurement 10 3.1.1. Tree Removal/Trimming 10 3.1.2. Stump Grinding 10 3.2. Payment 10 3.2.1. Regular Rates—Tree Removal/Trimming 10 3.2.2. Emergency Rates—Tree Removal/Trimming 10 3.2.3. Regular Rates—Stump Grinding 11 Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 1 1. WORK REQUIREMENTS This Section includes requirements regarding work to be performed and performance standards. 1.1. WORK SUMMARY The City contracts for maintenance of open space, medians, rights-of-way, and other facilities operated by the City and generally supporting the City's roadway system (Work). General expectations of the Tree Removal and Trimming Services include: • Tree pruning/trimming and maintenance. • Tree removal and disposal. • Stump removal and disposal. • Traffic control for services provided. The Work description above is not all inclusive but is representative of a comprehensive Tree Removal and Trimming Services contract. The services provided by the contractor(s)will be on an as-needed,on-call basis,which may include emergency work. For regular work, the contractor will provide services with adequate scheduling notice such that the work can be incorporated into the Contractor's normal workload. Typically, regular work anticipates having the work underway within four(4)days,and work completed between the hours of 6:00 a.m. and 6:00 p.m. For emergency work, the contractor is required to be available on a 24-hour basis and will begin work within two(2)hours of receiving notification. Additionally, any call-outs made by the City between the hours of 6:00 p.m.and 6:00 a.m.will be considered emergency work and emergency rates will apply. 1.1.1. Equipment and Supplies The Contractor will provide all specialized equipment(e.g.saws,trimmers,stump grinders, and hand tools). This equipment will owned or leased by the Contractor and will be maintained by the Contractor in good working condition throughout the contract term. 1.1.2. Vehicles The Contractor will provide transportation for the work crew and equipment to the various work sites. The vehicle(s)will be owned or leased and maintained by the Contractor. 1.1.3. Work Plan The City will develop, and provide to the Contractor, a general Work Plan to guide the Contractor toward anticipated and prioritized work areas. The Contractor shall strive to follow the Work Plan and address prioritized work areas. There is no guarantee as to the amount of work identified in the Work Plan. The Contractor shall carefully survey the condition of each tree to be removed prior to execution of the removal. Tree removal shall be accomplished by trimming the main tree trunk of limbs, lowering each limb(or group of limbs)from their removed location to the ground below. The tree trunk shall be cut into sections (that are manageable with the equipment on-site), secured during the cutting process and then safely lowered to the ground below. Workers utilizing bucket trucks shall be equipped with appropriate safety Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 2 equipment and shall perform all work in a reasonably safe manner pursuant to industry standards. Each area around where trees/limbs/logs/etc. are removed and/or loaded for disposal shall be hand raked,cleaned,and any disturbed ground leveled,etc. once the tree removal operation is completed. 1.1.4. Work Schedule The City and Contractor shall establish a Work Schedule for each Work Order. 1.1.5. Debris Disposal The Contractor shall transport and dispose of all debris to an approved location. The Contractor will propose a disposal location or mechanism for each Work Order. All suggestions will be considered assuming they meet all local, state, and federal requirements. Costs for debris disposal will be included in individual Work Orders. 1.1.6. Traffic Control Traffic control, if needed, shall also be included in the Work Orders. A Traffic Control Plan(TCP)is required for the closure of more than 50 percent of the width of any street or if working on an arterial street. The City has pre-approved the use of TCPs issued by WSDOT and the City. 1.2. 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. 1.2.1. Support Facilities The City will not provide shop facilities,workspace,or office space as part of this contract. The Contractor will be responsible for providing all support facilities at their own location(s). 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. 1.2.2. General Standards The following are the minimum equipment requirements: • Equipment must conform to all federal,state,and local regulations. • Adequate support equipment shall be available such as debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other items of equipment necessary to provide tree removal and trimming services as described within this contract. • Equipment shall have safety lighting and markings,appropriate for slow-moving vehicles,and any other devices or markings required by State law. • All vehicles used by the Contractor must be clearly identified with the name of the company on each side of the vehicle. • The quantity of equipment used by the Contractor shall be sufficient to perform the work required herein. Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 3 1.3. 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. 1.4. COMPLAINTS AND DEFICIENCIES All complaints and deficiencies,with regards to this Contract shall be addressed 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. 1.4.1. Complaints The Contractor shall investigate all City referred complaints within 24 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. 1.4.2. Deficiencies All work deficiencies of Contractor shall be corrected within three (3) days of oral or written notification from the City unless noted otherwise in these Specifications. Should the scheduled work activity frequencies be less than three days, the schedule of work to be performed shall take precedent and the notice of non-conformance repair reduced accordingly. Written notification may be emailed,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. 1.4.3. 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. Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 4 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. 1.5. INSPECTIONS&REPORTING 1.5.1. City Inspections The City shall periodically and randomly inspect Contractor provided services to determine the level of quality. 1.5.2. Periodic Contractor Reporting 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 monthly,manifests of the following information: • Date and start/stop time work was performed • Type of work performed • Type of equipment used • Contractor's employee(s) • General work area • Transfer station where debris was taken to and stored, if applicable • Disposal records, including quantity disposed and landfill location,if applicable Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 5 2. GENERAL CONTRACT SUPPLEMENTAL REQUIREMENTS This Section discusses general items for the Contractor and City to perform in preparation of executing the Work. 2.1. CONTRACTOR INFORMATION The Contractor shall submit Contractor information to the City prior to commencing work for the Contract period. The Contractor information shall include,at a minimum: • Contractor owner, Contract Administrator, supervisor(s), and crew lead(s) contact information, including cell phone and,if applicable,email address. • What types of equipment will be used,where,and when • Self-inspection plan and reporting 2.2. CONTRACT TYPE This Contract is considered a Public Work and will be based on hourly pricing for services rendered. As such,it requires the Contractor to pay prevailing wages to the Contractor's employees per RCW 39.12.030. This Contract also allows: • 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 the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. 2.3. WORK ORDER PROCESS This contract involves tree removal and maintenance work on properties and rights-of-way owned by the City of Spokane Valley. The City will issue an individual Work Order for each separate project or piece of work. The Contractor and the City's Project Manager will estimate the cost for each work element and will sign the Work Order as acknowledgement of the scope, schedule and assignment of work. Payment will be made utilizing the elements of services outlined in each Work Order. 2.4. 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: https://secure.l n i.wa.gov/wagelookup/PrvWageLookUp.aspx This contract,at a minimum,will require the following trade: • Landscape Maintenance The contractor shall use rates effective April 12, 2024, in 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. Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 6 2.5. CONTRACT ADMINISTRATORS The City Manager's designated Administrator for this contract is the City's Public Works Director 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. The Contractor shall provide the name and contact information for the Contractor's Contract Administrator as outlined in Section 2.1. 2.6. ONE GENERAL CONTRACTOR 2.6.1. 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. 2.6.2. Contractor's Supervisor The Contractor shall designate a supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 2.7. COORDINATION OF CONTRACT DOCUMENTS The complete Contract includes these parts: The Agreement for Services, Bid Proposal, Supplemental Requirements, Insurance Certificates, and the Performance and Payment Bond (if elected). 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. 2.8. CONTRACT TERM AND OPTION YEARS The contract shall commence on the date the contract is executed and continue through 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. 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 15th 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). The reference point will be the CPI-U for September 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. Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 7 2.9. 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 shall maintain a City of Spokane Valley business license. If the Contractor's status changes at any time,the Contractor shall immediately inform the City's Contract Administrator of the change in status. The Contractor shall also supply in writing to the City's Contract Administrator the Contractor's written plan and time frame for reinstatement of acceptable status. 2.10. CHANGES,CORRECTIONS,AND CLARIFICATIONS 2.10.1. 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. 2.10.2. Corrections& Clarifications 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 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. Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 8 2.11. PAYMENT AUTHORIZATION 2.11.1. City Inspection The City will periodically inspect the work of the Contractor. If the Contractor's Work or conditions are shown to not meet these Requirements, 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 Director reserves the right to withhold either whole or partial payment of invoicing until the standards of these Specifications are met. 2.11.2. Contractor Reports The Contractor shall complete and transmit to the City all periodic and other reports and work plans as indicated in these Requirements for the period invoiced prior to the City authorizing payment to the Contractor. 2.11.3. 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 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. 2.11.4. 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 documentation of 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. Invoices may be submitted no more frequently than monthly. The payment terms are net 30. 2.11.5. Retention of Payment This contract will hold 5%retainage. The City will release retainage after the affidavit of wages paid has been approved by the Department of Labor and Industries. The Contractor will be required to notify the City once the affidavit has been approved for final payout. Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 9 3. MEASUREMENT AND PAYMENT This Section describes the Unit Prices for Work to be performed by the Contractor including standards,measurement,and payment. 3.1. Measurement 3.1.1. Tree Removal/Trimming "2 Person Crew including equipment (per Hour)" shall be measured by the hour for the crew listed in the bid proposal form. "2 Person Crew including equipment(per Day)" shall be measured by the day, assuming an 8-hour workday,for the crew listed in the bid proposal form. "1 Additional Crew Person including equipment(per Hour)"shall be measured by the hour for the crew listed in the bid proposal form. "1 Additional Crew Person including equipment(per Day)"shall be measured by the day, assuming an 8-hour workday, for the crew listed in the bid proposal form. 3.1.2. Stump Grinding "2 Person Crew including equipment (per Hour)" shall be measured by the hour for the crew listed in the bid proposal form. "2 Person Crew including equipment(per Day)"shall be measured by the day, assuming an 8-hour workday,for the crew listed in the bid proposal form. "1 Additional Crew Person including equipment(per Hour)"shall be measured by the hour for the crew listed in the bid proposal form. "1 Additional Crew Person including equipment(per Day)"shall be measured by the day, assuming an 8-hour workday,for the crew listed in the bid proposal form. 3.2. Payment 3.2.1. Regular Rates—Tree Removal/Trimming The bid items included in"Tree Removal/Trimming—REGULAR RATES"shall include costs for work using the crew identified in the bid item with the use of the type of equipment necessary to complete the work. The hourly rate shall include all direct and indirect costs such as transportation, fuel,water fees,labor,equipment,and all related costs associated with running and maintaining the equipment,etc. No additional compensation will be paid for this work. "Regular Rates"are based on providing adequate scheduling notice to the Contractor such that the work can be incorporated into the Contractor's normal workload. Typically, regular work anticipates having the work underway within four(4)days,and work completed between the hours of 6:00 a.m. and 6:00 p.m. 3.2.2. Emergency Rates—Tree Removal/Trimming The bid items included in"Tree Removal/Trimming—EMERGENCY RATES"shall include costs for work using the crew identified in the bid item with the use of the type of equipment necessary to complete the work. The hourly rate shall include all direct and indirect costs such as Supplemental Requirements Contract No. 24-092 Tree Removal and Trimming Services 10 transportation,fuel,water fees,labor,equipment,and all related costs associated with running and maintaining the equipment,etc. No additional compensation will be paid for this work. "Emergency Rates" are based on providing minimal notice to the Contractor for the work to be completed. Emergency work requires the Contractor to be available on a 24-hour basis. For emergency work, the contractor shall begin work within two (2) hours of receiving notification. Additionally,any call-outs made by the City between the hours of 6:00 p.m.and 6:00 a.m.shall be provided at"Emergency Rates." 3.2.3. Regular Rates—Stump Grinding The bid items included in "Stump Grinding—REGULAR RATES" shall include costs for work using the crew identified in the bid item with the use of the type of equipment necessary to complete the work. The hourly rate shall include all direct and indirect costs such as transportation, fuel, water fees, labor, equipment, and all related costs associated with running and maintaining the equipment,etc. No additional compensation will be paid for this work. "Regular Rates"are based on providing adequate scheduling notice to the Contractor such that the work can be incorporated into the Contractor's normal workload. Typically, regular work anticipates having the work underway within four(4)days,and work completed between the hours of 6:00 a.m. and 6:00 p.m. Supplemental Requirements Contract No.24-092 Tree Removal and Trimming Services 11 Exhibit C-Bid Proposal/Labor and Equipment Rates BID PROPOSAL CHECKLIST This Checklist and the documents listed below constitute a complete Bid Proposal. Failure to execute any of the following documents,or any addition, condition or limitation in writing to the form of the bid,not explicitly invited in the Bid Documents or Specifications may become cause for rejection of the bid as irregular. The BIDDER shall check each respective box indicating inclusion of each signed and dated item: [X ] Bid Proposal Checklist [X ] Proposal Form [ X ] Certification of Compliance with Wage Payment Statutes [ X ] Contractor's Administrative Information [ X ] Local Agency Subcontractor List [ X ] Bidder Qualification Statement [ X] Representations and Certifications The above forms have been included in the electronic submittal (PDF package), properly identified and delivered at the place and time described in the Notice to Contractors form. Signature: Date: 04/10/2024 Title: Owner Company: Trailhead Tree Service, LLC City of Spokane Valley 1 Required Proposal Forms Tree Removal and Trimming Services PROPOSAL FORM CONTRACT NUMBER:.a4-092 PROJECT ITI'LE: Tree Removal and Trimming Services NAME OF FIRM SUBMITTING PROPOSAL: Trailhead Tree Service, LLC Each proposal shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may withdraw his proposal after the hour set for the bid closing except under the conditions explained in the Information to Bidders Section. This contract will be a Unit Priced Contract issued according to RCW 53.08.120(3) for the 2024 calendar year. Because this contract is a Unit Priced Contract with indeterminate delivery,Work Orders will control the work,which may or may not include the unit prices,and be issued by the City of Spokane Valley. As information for prospective bidders,the City has budgeted$60,000 for this work in 2024. There is no guarantee that the projected expenditures will occur during this contract period and the City may,at its discretion,contract with one or more contractors. RECEIPT OF ADDENDA:Bidder acknowledges receipt of the following addenda by checking the box(es): ❑ 1 ❑2 El 4 El REJECTION: The City reserves the right to reject any or all proposals, portions or parts thereof and to waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the bidders when considering awarding a contract. TIME TO COMPLETE:The services under this contract shall be completed by.December 31,2024,or as amended for additional years. Each individual Work Order, and its completion date,will be negotiated separately. SCHEDULES: A Bidder must complete the entirety of the Cost Schedule. The undersigned hereby certifies that (he/they) (has/have) personally examined the details of work as outlined on the plans and specifications for the above project and (has/have) read thoroughly and understands the plans,specifications,and contract governing the work embraced in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said plans, specifications, and contract in accordance with the unit prices provided below. The Bidder,to be considered responsible,shall provide in legible figures(not words)handwritten in ink or typed,a unit price(except Lump Sum items)for each of the items shown on the following schedules: City of Spokane Valley 2 Required Proposal Forms Tree Removal and Trimming Services PROPOSAL FORM (Continued) Cost Schedule/Cost Statement ITEM ITEM DESCRIPTION UNITS RATE NO. Tree Removal/Trimming—REGULAR RATES 1 2 Person Crew including equipment HOUR $153.00 (Per HOUR) 2 2 Person Crew including equipment DAY $1224.00 (Per DAY—8-hour workday) 3 1 Additional Crew Person including equipment HOUR $48.00 (Per HOUR) 4 1 Additional Crew Person including equipment DAY $384.00 (Per DAY—8-hour workday) Tree Removal/Trimming—EMERGENCY RATES 5 2 Person Crew including equipment HOUR $230.00 (Per HOUR) 6 2 Person Crew including equipment DAY $1840.00 (Per DAY—8-hour workday) 1 Additional Crew Person including equipment HOUR $72.00 (Per HOUR) 8 1 Additional Crew Person including equipment DAY $576.00 (Per DAY—8-hour workday) Stump Grinding—REGULAR RATES 9 2 Person Crew including equipment HOUR $120.00 (Per HOUR) 10 2 Person Crew including equipment DAY $960.00 (Per DAY—8-hour workday) 11 1 Additional Crew Person including equipment HOUR $50.00 (Per HOUR) 12 1 Additional Crew Person including equipment DAY $384.00 (Per DAY—8-hour workday) Signature: /4"ThDate: 04/10/2024 Person/Entity Name: Owner,Trailhead Tree Service Trailhead Tree Service, LLC Company: City of Spokane Valley 3 Required Proposal Forms Tree Removal and Trimming Services crrs �T O�alle .•••'•Mtlley" CONTRACTOR CERTIFICATION WAGE LAW COMPLIANCE-RESPONSIBILITY CRITERIA WASHINGTON STATE PUBLIC WORKS CONTRACTS FAILURE TO RETURN THIS CERI"IIJCATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify,under penalty of perjury under the laws of the State of Washington,on behalf of the firm identified below that,to the best of my knowledge and belief,this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated,as defined in RCW 49.48.082,any provision of RCW chapters 49.46,49.48,or 49.52 within three (3)years prior to the date of the Call for Bids. Bidder Name; Trailhead Tree Service, LLC Name or Contractor/Bidder—Print fill legal entity name of firm Ryan Schulte BY. Signature of authorized Print Name of person making certifications for funs Title: Owner Place: Spokane,WA Title of person signing certificate Print city and state where signed Date: 04/10/2024 City of Spokane Valley 4 Required Proposal Forms Tree Removal and Trimming Services CONTRACTOR'S ADMINISTRATIVE INFORMATION 1.PERSON/ENTITY a. Name as registered with the State of Washington: Trailhead Tree Service,LLC b. Physical Address: c. Mailing Address including zip code: d. Remit To Address including zip code:MIMMINIMIID e. Telephone number including area code f. Fax number including area code: N/A g. E-mail address for business correspondenc h. Washington State Contractors License Number. i. Federal Tax Identification Number:! j. Washington State UBI Number:IMM k. State Industrial Account Identification Number. 1. City of Spokane Valley Business License Number: (Business License not required for Bid,but will be required prior to Contract execution.) 2.INSURANCE COMPANY: a. Name of company.!! b. Mailing Address including zip code: c. Insurance Agent Name d. Insurance Agent Telephone number including area code- e. Insurance Agent Fax number including area code 3.BONDING COMPANY: a. Surety Name: b. Surety Mailing Address including zip code. c. Bonding Agent Name d. Bonding Agent Mailing Address including zip cod e. Bonding Agent Telephone number including area code f. Bonding Agent Fax number including area code: Signature: 4--\ Date: 04/10/2024 Person/Entity Name: Ryan Schulte Company: Tralihead Tree Service,LLC City of Spokane Valley 5 Required Proposal Forms Tree Removal and Trimming Services BIDDER QUALIFICATION STATEMENT The following statements of experience,personnel, equipment,and general qualifications of the Bidder are submitted with the assurance that the owner can rely on its accuracy and truthfulness. If more space is required for your answers, please attach a continuation sheet(s) to the corresponding bid response page referencing the item number. 1.The company has been in business continuously from(month and year) 09/2021 2.The company has had experience comparable to that required under the proposed contract: a.As a prime contractor for 8 years. b.As a subcontractor for o years. **3.The following is a partial list of work completed that was on an order of magnitude equal to or greater in scope and complexity to that required under the proposed contract.** Year Owner&Person to contact Phone No. Location Contract Value 4. A list of supervisory personnel currently employed by the Bidder and available for work on the project (Manager,principal foreman,superintendents and engineers)is as follows: Years of Name Title Experience Nick Haughey Superintendent 6 5.Please attach a resume of the qualifications,previous employers,and experience of the project manager who is proposed to be assigned to the project. If a resume is not included in the bid documents the bidder agrees to furnish a resume within 24 hours of notice by the City. 6.Following is a listing of all projects the company has undertaken in the last five years,which have resulted in: a.Arbitration or litigation. b.Claims or violations being filed by the Federal Government or the Washington State Departments of L&I,Employment Security or Revenue. c.Liens being filed by suppliers or subcontractors. Person/Entity Name: Ryan Schulte Signature Of Bidder: Company: Trailhead Tree Service,LLC Date: 04/10/2024 City of Spokane Valley 6 Required Proposal Forms Tree Removal and Trimming Services REPRESENTATIONS AND CERTIFICATIONS Pursuant to RCW 9A.72.085,I Ryan Schulte ,declare under penalty of perjury under the laws of the State of Washington that the following Representations and Certifications are true and correct: Trailhead Tree Service, REPRESENTATION: I am the Owner (position)for t-LC (company name), (hereinafter "Firm"), and have been duly authorized to make all such representations and certifications herein on behalf of the Firm. Any reference herein to"I,""me,"or"we"means the Firm. ANTI-KICKBACK REPRESENTATION:No officer or employee of the City of Spokane Valley,having the power or duty to perform an official act or action related to this submittal,has,nor will they acquire any interest in this submittal,or have solicited, accepted or granted a present or future gift,favor, service,or other thing of value from or to any person involved in this submittal. REPRESENTATION: In submitting this bid I represent that the bid documents have been read and understood,that the site has been visited and or that I have become familiarized with the local conditions under which the work is to be performed,that by signature of this proposal I acknowledge all requirements and that I or authorized representatives of the Firm have signed all certificates contained herein. REPRESENTATION: In submitting this bid I acknowledge and agree to the requirements and conditions applicable to bid deposits in the form of a cash bid deposit or surety bond bid deposit. NON-COLLUSION: That the Firm and all associated members,officers,and employees of such Firm have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this bid is submitted. I CERI'I)1'Y that pursuant to RCW 39.04.350(1)(d)and RCW 39.06.010,no fmal determination of violation of RCW 50.12.070(1)(b), 50.16.070(1)(b), or 82.32.070(1)(b) has been made by the Washington State Departments of Employment Security, Labor And Industries or Revenue respectively dated within two years of the date of the closing of this bid.I understand further that no bid may be submitted,considered or contract awarded for a public work to any person or entity that has a determination of violation of the above referenced statutes within two years from the date that a violation is finally determined and the date of this bid closing. I CERTIFY that the Firm is not in violation of RCW 39.04.350(1)(d)and RCW 39.12.065(3)with regard to payment of prevailing wages. I CERTIFY that pursuant to RCW 39.04.350(1)(g),in the three-year period immediately preceding the date of the bid solicitation,no final and binding citation and assessment has been issued by the Department of Labor and Industries and no civil judgment has been entered by a court of limited or general jurisdiction for any willful violation of chapters 49.46,49.48,or 49.52 RCW. I CERTIFY that pursuant to RCW 39.04.350(l)(f),all necessary members,officers,and employees of the Firm have: City of Spokane Valley 7 Required Proposal Forms Tree Removal and Trimming Services CHECK ONE: x Completed the appropriate training on prevailing wage and public works requirements prior to contract award;or Completed three or more public works projects and has held a valid Washington business for three or more years A copy of evidence of such training or exemption from the Department of Labor and Industries has been attached to this Representation and Certification Form. I CERTIFY that pursuant to RCW 39.06.020, if selected, I will verify the responsibility criteria for all subcontractors as set forth in RCW 39.04.350(1). I CERTIFY that to the best of my knowledge the information contained in this proposal is accurate and complete and that I have the legal authority to commit this Firm to a contractual agreement. I realize the final funding for any service is based upon budget levels and the approval of the City of Spokane Valley. I CERTIFY that by signing the signature page of this bid,I am deemed to have signed and have agreed to the provisions of this declaration. Name:Ryan Schulte 4)?- Title: erson/entity submitting bid(print) Signature: i Owner Date: 04/10/2024 Place Signed: Spokane,WA City of Spokane Valley 8 Required Proposal Forms Tree Removal and Trimming Services ACCORD CERTIFICATE DATE(MM/DD/YYYY) A ` CO CERTIFICATE OF LIABILITY INSURANCE 05/14/2024 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT All Lines Insurance dba All Lines Associates, Inc. NAME: Kimberley Brouwer 6404 N Monroe St (A/CC.No.Eat): (509)327-1658 FAX No): (509)326-5567 Spokane, WA 99208-4122 ADDRE E-MAIL s: kim@all linesinsure.com License#: 180705 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Evanston Insurance Co _ INSURED INSURERB: United Financial Casual 11770 Trailhead Tree Service LLC ty DBA Trailhead Tree Service INSURERC: 6916 W Deno Rd INSURER D: Spokane, WA 99224 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00048859-310780 REVISION NUMBER: 7 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 2AA392077 09/27/2023 09/27/2024 EACH OCCURRENCE $ 2,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 02903654-1 06/01/2023 06/01/2024 Ea eBcideD SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per $ AUTOS ONLY X AUTOS ( accident) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/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 I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIS CITY OF SPOKANE VALLEY IS LISTED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SPOKANE VALLEY THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 EAST SPRAGUE AVENUE Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE A. (KJB) 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by KJB on 05/14/2024 at 08:42AM STATE OF WASHINGTON Department of Labor&Industries Certificate of Workers' Compensation Coverage April 26, 2024 WA UBI No. 604 812 106 L&I Account ID 611,753-00 Legal Business Name TRAILHEAD TREE SERVICE LLC Doing Business As TRAILHEAD TREE SERVICE Workers'Comp Premium Status: Account is in good standing. Quarterly report received and is being processed. Estimated Workers Reported Pending current quarter filing (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? Yes License No. TRAILTS796RC License Expiration 12/08/2025 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190).