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HomeMy WebLinkAbout25-054.01 Dignified Workday LLC - ROW Maintenance ServicesS 6J6n__-'_e-\` ,,;o*Va11ey6 December 15, 2025 Dignified Workday LLC 1711 E Trent Avenue Spokane, WA 99202 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalley.org Email: cityhall@spokanevalley.org Contract No. 25-054.01 Re: Implementation of 2026 option year, Agreement for Right of Way Maintenance Services, Contract number 25-054, executed April 28, 2025 Dear Andy Dwonch: The City executed an Agreement for provision of Right of Way Maintenance Services on April 28, 2025, by and between the City of Spokane Valley, hereinafter "City", and Dignified Workday LLC, hereinafter "Contractor" and jointly referred to as "Parties." The original Agreement states that it was for one year, with three optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the first of three possible option years that can be exercised and runs through December 31, 2026. The City would like to exercise the 2026 option year of the Agreement. The Compensation as outlined in Exhibit C to the Agreement, includes the labor and material cost negotiated and shall not exceed $150,000. For 2026, the hourly costs shall be increased by 3% CPI, reflective of the 3% increase in CPI for the previous 12 months through September 2025. The history of the annual renewals, including dollar amounts, is set forth as follows: Original contract amount.........................................$100,000 2026 Renewal ..................................................... $150,000 All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year. If you are in agreement with exercising the 2026 option year, please sign below to acknowledge the receipt and concurrence to perform the 2026 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. 151 CITY OF SPOKANE VALLEY John Hohman, City Manager APPROVED AS TO FORM: Office the City A I rney Dignified Workday LLC Andy Dwonch Chairman, Management Board EXHIBIT A GENERAL CONDITIONS RELATIONSHIP OF THE PARTIES. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested only in the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 2. COMPLIANCE WITH LAWS AND PERMITS The Contractor shall comply with and give notices required by all laws, ordinances, codes, rules, regulations, and permits relating to the conduct of the work. Except as specifically otherwise provided herein, the Contractor shall obtain and pay for all permits and licenses necessary to conduct the work. The Contractor shall comply with Chapter 49.28 RCW, Hours of Labor. 3. CONTRACTOR REGISTRATION The Contractor shall be duly licensed, registered, and bonded by the State of Washington at all times this Agreement is in effect. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 4. TIME OF THE ESSENCE Time is of the essence for completion of the Work identified in the Agreement. The Contractor shall start work within 10 days after the effective date of the written Notice to Proceed issued by the City or execution of the Agreement if no formal Notice is to be issued. The Contractor shall plan and prosecute the work diligently so that the various portions of the work shall be completed within the time set forth in the Contract Documents. 5. VACANT This section is intentionally vacant. 6. INSURANCE The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such Provided Services: Contract No.: 25-054 insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 6A. MINIMUM SCOPE OF INSURANCE Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form, providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or the equivalent and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the state of Washington. 6B. MINIMUM AMOUNTS OF INSURANCE Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. 6C. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: Purchased Services Agreement General Conditions - 1 GENERAL CONDITIONS 1. The Contractor's insurance coverage shall be primary insurance as respects the City. Any Insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. If the Contractor maintains higher insurance limits than the minimums above, the City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor. 4. Failure on the part of the Contractor to maintain the insurance as require shall constitute a material breach of the Contract, upon which the City may, after giving at least five business days' notice to the Contractor to correct the breach, immediately terminate the Agreement. Or at its sole discretion, the City may procure or renew such insurance and pay any and all premiums in connection therewith, with any sums expended to be repaid to the City on demand, or at the sole discretion of the City, deduct against funds due the Contractor from the City. 6D. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 6E. EVIDENCE OF COVERAGE As evidence of the insurance coverages, the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed Agreement. The certificates shall specify all parties who are additional insured, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self- insurance. 6F. SUBCONTRACTORS Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except Contractor shall have sole responsibility Provided Services: Contract No.: 25-054 for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13. 7. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010 the Contractor, prior to commencing work, shall furnish a Performance and a Payment Bond for the full contract sum including sales tax; however, if the Contract Sum does not exceed $150,000 the Contractor may, in lieu of providing a bond, request the City retain 10% of the Contract amount earned for a period of 30 days following acceptance of the work or until receipt of all necessary releases and settlement of any liens filed under Chapter 60.28 RCW, whichever is later, at which time the City in ordinary course of business will make final payment. 8. PREVAILING WAGES The Contractor shall comply with the requirements of RCW 39.12 and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries (L&I). If employing labor in a class not shown, the Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. The Contractor shall provide a copy of any such determinations to the City. Before commencement and upon completion of work, the Contractor shall file the forms and pay the filing fees required by L&I. The City shall not have an obligation to pay unless and until intents and affidavits are properly filed by Contractor, and approved by L&I. The Contractor shall indemnify and hold the City harmless from any claims related to the payment or non-payment of such wages by the Contractor. The schedule of Prevailing Wage Rates is incorporated by reference into these Contract Documents. The prevailing wage rates as provided to the City by the Industrial Statistician of the Washington State Department of Labor and Industries is available for download at URL htti)://www.ini.wa.gov/TradesLicensing/PrevWage/WageR ates/. It is the Contractor's sole responsibility to determine the most current wage rates it will actually have to pay. These rates shall remain in effect for the duration throughout Contractor's performance of the Work. 9. WORKERS' BENEFITS The Contractor shall make all payments required for unemployment compensation under Title 50 RCW and for industrial insurance and medical aid required under Title 51 Purchased Services Agreement General Conditions - 2 GENERAL CONDITIONS RCW and shall furnish proof of payment if requested by the City. If any payment required by Title 50 or Title 51 is not made when due, the City may retain such payments from any money due the Contractor and pay the same into the appropriate fund. 10. PAYMENT AND RETAINAGE Upon completion of the work or no more often than monthly, the Contractor shall submit an invoice for work completed to the attention of the City Finance Department and the Project Manager. The City will make payment within 30 days of receipt of the Contractor's properly completed invoice or receipt of the goods and services, whichever is later. The City will pay 95% of the amount of the approved invoice and will retain 5% in accordance with Retainage requirements of Chapter 60.28 RCW. Pursuant to Chapter 60.28 RCW, the City will retain the 5% for a period of 45 days after date of acceptance, or until receipt of all necessary releases and settlement of any liens filed under Chapter 60.28 RCW, whichever is later, at which time the City in ordinary course of business will make final payment. Additional Retainage In Lieu of Bond: As set forth in section 7 of this Agreement, for contracts of $150,000 or less, the Contractor may request that the City retain 10% of payments in lieu of providing payment and performance bonds pursuant to Chapter 39.08.010 RCW. If Contractor makes such a request, then the City will retain the 10% from each payment, which retained amount shall be in addition to the 5% retained under Chapter 60.28 RCW. The City shall hold the retained amount for a period of 30 days after date of acceptance, or until receipt of all necessary releases and settlement of any liens filed under Chapter 60.28 RCW, whichever is later, at which time the City in ordinary course of business will make final payment. Payment of retainage shall neither (a) waive or release the City's rights, nor (b) relieve the Contractor of any obligations under this Contract or by law. 11. AUTHORITY OF THE PROJECT MANAGER The Project Manager or his/her Representative is the representative of the City, and the Contractor shall look to the Project Manager in matters relating to compliance with Contract requirements. The work shall be done to the complete satisfaction of the Project Manager. The Project Manager will decide all questions which may arise concerning the quality and acceptability of materials and equipment furnished and work performed, the rate of progress of the work, and interpretation of the contract documents. The Project Manager has the authority to reject work which is defective or does not otherwise conform to the contract documents. The Project Manager is not Provided Services: Contract No.: 25-054 responsible for and will not have control or charge of the means, methods, techniques, sequences, or procedures of construction, or for safety precautions or programs incidental thereto, these being the sole responsibility of the Contractor. 12. CONTRACT DOCUMENT INTERPRETATION The intent of the contract documents is to prescribe a complete work. The Contractor shall furnish all labor, materials, equipment, and incidentals necessary or convenient to complete all parts of the work. Compensation for the cost of furnishing the foregoing and for full performance of the contract shall be considered as included in the contract sum. This Agreement shall be governed by, and interpreted in, accordance with Washington law. 13. OWNERSHIP OF DOCUMENTS All Drawings, plans, specifications, and other related documents prepared by the Contractor under this Agreement are, and shall be, property of the City, and may be subject to disclosure pursuant to RCW 42.56, or other applicable public record laws. 14. RECORDS The City or State Auditor, or any of their representatives, shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 15. CHANGES The City may make changes in the work within the scope of this Contract and such changes may be made without notice to any sureties. If any change causes an increase or decrease in the Contractor's cost of, or the time required for the performance of, any part of the 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 cost or time before commencing the changed work. Records pertaining to changes in the work shall be maintained sufficiently to document all costs. Failure to maintain and disclose the required records shall constitute a waiver of the Contractor's claim for costs not documented. The value of any work covered by a change order or of any claim for increase or decrease in the Contract price will be determined by one or more of the following methods in the order of precedence listed below, if not specified in the bidding schedule: Purchased Services Agreement General Conditions - 3 GENERAL CONDITIONS 15.A. UNIT PRICES Unit prices set forth in the Contract Documents. 15.B. LUMP Sum Lump sum as agreed, provided that the Contractor may be required to provide a detailed cost estimate for the proposed change. 15.C. TIME AND MATERIALS Time and materials basis at rates set forth in the Contract Documents or, if not specified, as follows: 1. Labor not to exceed applicable Prevailing Rates of Wage, plus 15% for overhead, profit and all other costs incurred in supplying labor; 2. Materials and supplies incorporated in and necessary for the work, plus 15% for overhead, profit and all other costs incurred in supplying the materials and supplies; 3. Equipment, excluding small hand tools, at up to the maximum hourly rates set forth in the current "AGC- DOT Equipment Rental Agreement" at such rates as approved by the Engineer, plus 15% for overhead, profit and all other costs incurred in supplying such equipment; 4. "Overhead" shall include, but not be limited to: field and office engineering, estimating, general superintendence, purchasing, office expense, small hand tools, all applicable taxes (except state and local retail sales tax), bonding and insurance costs, delay, acceleration or other impact and any other costs of doing business; 5. Subcontractor's work costs shall be calculated in accordance with subparagraphs 1 through 4 above. To the total (excluding all markups for overhead and profit) shall be added 10% for the Contractor's supervision and overhead support; 6. All costs of the Contractor and any subcontractor attributable to a change in the work are either specifically listed or covered by the multipliers specified in paragraphs 1 through 5 above. 16. QUALITY The Contractor shall supervise and direct the work using its best efforts, skills and attention. The Contractor shall be solely responsible for and shall have full control and charge of construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the work under the contract. The Contractor is for all purposes an independent Contractor and not an agent or employee of the City. Provided Services: Contract No.: 25-054 Unless otherwise specifically stated in the Contract, the Contractor shall provide and pay for materials, labor, tools, equipment, water, light, power, transportation, supervision, and temporary construction, and other services and facilities of any nature necessary to execute, complete and deliver the work within the Contract Time. Material and equipment shall be new and of a quality equal to or better than that specified. Equipment offered shall be current models which have been in successful regular operation under comparable conditions. The work performed shall be in conformity with the best modern practice of the trade with the intent to secure the best standard of construction and equipment of work as a whole and in part. 17. SAFETY The Contractor shall maintain the work site and perform the work in a manner which meets all legal requirements for the provision of a safe workplace. The Contractor shall comply with safety standards and provisions of applicable laws, building and construction codes, and the safety regulations set forth in "Safety Standards for Construction", Chapter 296-155 WAC, and "General Safety Standards", Chapter 296-24 WAC, issued by the Washington State Department of Labor and Industries. 18. HAZARDOUS MATERIALS The Contractor shall give immediate notice to the City upon the discovery of any hazardous or petroleum -contaminated materials not specifically identified in the Contract Documents and proceed thereafter only as directed by the City or as set forth in the specifications. If the material proves positive as containing asbestos, such material shall be handled in compliance with WAC 296-62-077 through 296-62-07753. Hazardous materials include asbestos, PCBs, lead, radioactive materials, explosives and other materials defined as hazardous or dangerous wastes in WAC Chapters 173-303 and 173-305. 19. PROTECTION OF UTILITIES The Contractor shall protect from damage public and private utilities encountered during the work. Prior to beginning work, the Contractor shall give proper notification as required by RCW 19.122.030 to the agencies that have utilities in place and shall cooperate with these agencies in the protection and relocation of underground utilities, facilities and structures. The number to call is 1-800-424- 5555. 20. RECORD DRAWINGS Upon completion of work and before requesting final payment, provide the Project Manager with record drawings and all operation and maintenance information showing actual dimensions and locations along with changes made during execution of the work. Purchased Services Agreement General Conditions - 4 GENERAL CONDITIONS 21. COMPLETION OF WORK The Contractor shall notify the Engineer when it considers the work complete. If, upon inspection, the City determines that all work has been completed in accordance with the terms of this Contract, the City will accept such work, which acceptance shall be evidenced by a written letter of acceptance to the Contractor. The City shall not be barred by acceptance from requiring the Contractor to remove, replace, repair, or dispose of unauthorized or defective work, material, or equipment or from recovering damages for the same. 22. GUARANTEE 22.A. REPAIRS For a period of 365 days after the date of acceptance of the work, the Contractor, upon notification from the City, shall promptly schedule and make all repairs to the Contractor - furnished materials, equipment and/or workmanship which may be necessary to make such materials, equipment and/or workmanship equal to that specified in the Contract. 22.B. WARRANTY Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defector failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 23. NON-DISCRIMINATION The Contractor shall fully comply with all federal, state, and local laws, regulations, and ordinances pertaining to non- discrimination and equal employment. 24. INDEMNIFICATION The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Provided Services: Contract No.: 25-054 Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. The Contractor shall pay all attorney's fees and expenses incurred by the City in establishing and enforcing the City's rights under this paragraph, whether or not a suit was instituted. 25. TERMINATION OF CONTRACT The City may terminate the Contract whenever (a) the Contractor is deemed to be in default or violates the provisions of the Contract by failing, neglecting, or refusing to proceed according to and in full compliance with the Contract Documents, and (b) ten (10) have expired after the City delivered notice of the default/violation to Contractor. Upon termination the City may exclude the Contractor from the site and shall take possession of the work and all of the materials and equipment for which the City has paid any amount on to the Contractor. The Contractor shall be entitled to payment for portions of the work satisfactorily completed prior to termination, less costs incurred by the City as a result of the Contractor's default. The City shall have the right to terminate this Contract for any reason whatsoever by written notice to the Contractor identifying the effective date of termination, provided said notice is delivered to Contractor at least ten (10) days prior to the effective termination date. The Contractor shall discontinue work by the effective termination date unless the notice specifies otherwise. Upon such termination, the Contractor shall be paid in ordinary course of business for all work satisfactorily completed to the effective date of termination. 26. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract, or subcontract the work, in whole or in part, except with the prior written consent of the City. The Contractor shall require each subcontractor to comply with the requirements of these Contract Documents. Subcontractors will not be recognized as having a direct relationship with the City, nor are subcontractors intended or incidental third -party beneficiaries to this Contract. 27. WAIVER No officer, employee, agent, or other individual acting on behalf of either party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any Purchased Services Agreement General Conditions - 5 GENERAL CONDITIONS other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 28. CONFIDENTIALITY The Contractor may, from time -to -time, receive information which is deemed by City to be confidential. The Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 29. DISPUTES AND DISPUTE EXPENSES All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. The prevailing party in any lawsuit or other legal proceeding seeking to enforce any term of this Agreement shall be entitled to recover their reasonable attorney fees and costs incurred in said action. 30. SUBCONTRACTOR RESPONSIBILITY As required by RCW 39.06.020, the Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by RCW 19.28, or an elevator contractor license if required by RCW 70.87. This verification requirement shall be included in every subcontract of every tier. 31. JURISDICTION AND VENUE This Agreement is entered into in Spokane County, Washington. The venue of any action arising out of this Agreement shall be in Spokane County, State of Washington. 32. ANTI -KICKBACK No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. Provided Services: Contract No.: 25-054 33. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTIONS. 33A. CERTIFICATION By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 33B. DOCUMENTATION Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 34. ASSURANCE OF COMPLIANCE WITH APPLICABLE FEDERAL LAW During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 34A. COMPLIANCE WITH REGULATIONS The Contractor shall comply with the federal laws set forth in subsection 34G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally - assisted programs as adopted or amended from time -to - time, which are herein incorporated by reference and made a part of this Agreement. 34B. NON-DISCRIMINATION The Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds Purchased Services Agreement General Conditions - 6 GENERAL CONDITIONS of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations identified in subsection 34G below, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 34C. SOLICITATIONS FOR SUBCONTRACTS Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 34D. INFORMATION AND REPORTS Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. 34E. SANCTIONS FOR NONCOMPLIANCE In the event of a Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. 34F. INCORPORATION OF PROVISIONS Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is Provided Services: Contract No.: 25-054 threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. 34G. PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; 2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 3. Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); 6. Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 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 activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Purchased Services Agreement General Conditions - 7 GENERAL CONDITIONS The Federal Aviation Administration's Non- discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and 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: Contract No.: 25-054 access to your 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.). 35. SEVERABILITY If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. Purchased Services Agreement General Conditions - 8 EXHIBIT B — SUPPLEMENTAL REQUIREMENTS SUPPLEMENTAL REQUIREMENTS Right of Way Maintenance Services Contract No. 25-054 Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services TABLE OF CONTENTS 1. WORK REQUIREMENTS...........................................................................................................3 1.1. WORK SUMMARY.................................................................................................................3 1.1.1. Approximate Quantities of Work........................................................................................ 3 1.1.2. Equipment and Supplies..................................................................................................... 3 1.1.3. Vehicles..............................................................................................................................3 1.1.4. Work Plans.......................................................................................................................... 3 1.1.5. Traffic Control....................................................................................................................3 1.2. CONTRACTOR REQUIRED QUALIFICATIONS................................................................ 4 1.3. CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES ....... 4 1.3.1. Support Facilities................................................................................................................ 4 1.3.2. General Standards............................................................................................................... 4 1.4. PRESERVATION OF PROPERTY......................................................................................... 4 1.5. COMPLAINTS AND DEFICIENCIES.................................................................................... 5 1.5.1. Complaints.......................................................................................................................... 5 1.5.2. Deficiencies........................................................................................................................ 5 1.5.3. Failure to Perform............................................................................................................... 5 1.6. INSPECTIONS & REPORTING.............................................................................................. 6 1.6.1. City Inspections.................................................................................................................. 6 1.6.2. Periodic Contractor Reporting............................................................................................ 6 1.6.3. Annual Report .....................................................................................................................6 2. GENERAL CONTRACT SUPPLEMENTAL REQUIREMENTS .......................................... 7 2.1. CONTRACTOR INFORMATION........................................................................................... 7 2.2. CONTRACT TYPE.................................................................................................................. 7 2.3. PREVAILING WAGES............................................................................................................7 2.4. CONTRACT ADMINISTRATORS......................................................................................... 7 2.5. ONE GENERAL CONTRACTOR...........................................................................................8 2.5.1. Subcontractors.................................................................................................................... 8 2.5.2. Contractor's Supervisor...................................................................................................... 8 2.6. COORDINATION OF CONTRACT DOCUMENTS.............................................................. 8 2.7. CONTRACT TERM AND OPTION YEARS.......................................................................... 8 2.8. CONTRACTOR REQUIREMENTS........................................................................................ 8 2.9. CHANGES, CORRECTIONS, AND CLARIFICATIONS...................................................... 9 2.9.1. Changes...............................................................................................................................9 2.9.2. Corrections & Clarifications............................................................................................... 9 2.10. PAYMENT AUTHORIZATION..............................................................................................9 2.10.1. City Inspection....................................................................................................................9 2.10.2. Contractor Reports............................................................................................................10 2.10.3. Prevailing Wage Requirements.........................................................................................10 2.10.4. Invoice Submittal, Review, & Approval...........................................................................10 2.10.5. Retention of Payment........................................................................................................10 3. SCOPE OF WORK — RIGHT OF WAY MAINTENANCE SERVICES..............................11 3.1. RIGHT OF WAY CLEANUP.................................................................................................11 3.2. GRAFFITI ABATEMENT.....................................................................................................11 3.3. SIDEWALK SNOW REMOVAL...........................................................................................11 3.4. STORM DRAIN INSPECTION SERVICES.........................................................................12 3.5. CODE ENFORCEMENT — NUISANCE ABATEMENT......................................................12 3.6. ROAD MAINTENANCE LABOR.........................................................................................12 Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 1 4. MEASUREMENT AND PAYMENT.........................................................................................13 4.1. MEASUREMENT...................................................................................................................13 4.2. PAYMENT..............................................................................................................................13 Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 2 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 properties operated by the City and generally supporting the City's roadway system (Work). General expectations of the Right of Way Maintenance Services include providing for the maintenance of vegetation in rights of way, litter control, graffiti abatement, nuisance abatement, sidewalk snow removal, and limited pavement maintenance assistance. All work must be done according to local, state, and federal guidelines and laws. The Work description above is not all inclusive but is representative of a comprehensive Right of Way Maintenance Services contract. Section 3 provides a more comprehensive Scope of Work. 1.1.1. Approximate Quantities of Work The estimated quantity of work is difficult to determine. This contract will be a Time and Materials contract based on unit prices for the 2025 calendar year. 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. 1.1.2. Equipment and Supplies The City has purchased a limited number of small equipment items (trimmers, mowers, etc.) for these activities for use by the Contractor on behalf of the City. The Contractor will provide all additional specialized equipment necessary to complete the work. All equipment, both City -owned and Contractor -owned will be stored at the Contractor's facility. All equipment, both City -owned and Contractor -owned, will be maintained by the Contractor in good working condition throughout the contract term. 1.1.3. Vehicles The Contractor will provide transportation for the work crews and equipment to the various work sites. The vehicle(s) will be owned or leased and maintained by the Contractor. 1.1.4. Work Plans The Contractor and City shall develop an Annual Work Plan prior to commencing work for the Contract period. The plan communicates who, when, and how the Contractor will complete the Work during the year. Adjustments to the plan during the year may be necessary and the Contractor is to work with City staff on any necessary revisions. Additionally, the Contractor shall work with the City in developing daily or weekly work plans indicating where the Contractor will be working and what activities will be performed. 1.1.5. Traffic Control Traffic control, if needed, shall be provided by the City. The City will work with the Contractor to determine the requirements and scheduling of traffic control, should it be required for the Contractor to complete its work. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 3 1.2. CONTRACTOR REQUIRED QUALIFICATIONS The Contractor reaffirms meeting all required qualifications and will remain qualified throughout the duration of the Contract and subsequent contract renewals. The basis of qualification is the statement of qualifications that the Contractor submitted with the Proposal and is included in this Specification by reference. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor's status changes at any time, the Contractor shall immediately inform the Director of the change in qualification status. The Contractor shall also supply in writing to the Director the Contractor's written plan and timeframe for reinstatement of acceptable status. 1.3. 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. 1.3.1. 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. 1.3.2. 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 pickup trucks, service trucks, tire trucks, and any other items of equipment necessary to provide the 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. 1.4. PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utility facilities, adjacent property, trees, 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. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 4 Repairs to damaged property by the Contractor shall be made within 48 hours and in accordance with the appropriate regulations and permits issued by the City. 1.5. 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 methods of each matter. City notifications to the Contractor will include a description of the issue and location. 1.5.1. 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. 1.5.2. 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. 1.5.3. 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. 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. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 5 1.6. INSPECTIONS & REPORTING 1.6.1. City Inspections The City shall periodically and randomly inspect Contractor provided services to determine the level of quality. 1.6.2. Periodic Contractor Reporting The Contractor shall provide self -inspections and/or records of work it performs depicted in these Specifications for each period invoiced. 1.6.3. Annual Report The Contractor shall submit an Annual Report by November 15 each year that gives: • A description of new or existing problems and recommended remedies 0 Any recommendations for changes to Specifications that adds value to the City. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 6 2. GENERAL CONTRACT SUPPLEMENTAL REQUIREMENTS This Section discusses general items for the Contractor and City to perform in preparation of executing the Work. The items in this Section supersede the General Terms and Conditions of the Contract. 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. 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. 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 (L&I) for Spokane County. Find the most recent prevailing wage rates at L&I's website at: https://secure.ini.wa. ov�/wa elg_ookupTrvWageLookUp.aspx This contract, at a minimum, will require the following trades: • Landscape Maintenance • Laborers — Asphalt The contractor shall use rates effective March 12. 2025, in the,first year contract; if additional optional contract years are exercised, the Contractor shall pay wages for the most recently published and effective L&I rates available prior to option year contract execution. 2.4. 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. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 7 2.5. ONE GENERAL CONTRACTOR 2.5.1. 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. 2.5.2. 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. 2.6. 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. 2.7. CONTRACT TERM AND OPTION YEARS The contract shall commence on the date the contract is executed and continue through the end of the 2025 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 2026 up to and including 2028. 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. 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. 2.8. CONTRACTOR REQUIREMENTS The Contractor reaffirms meeting all requirements and will maintain standards throughout the duration of the Contract and subsequent contracts in option years. The Contractor represents and warrants to the City that it has all licenses, permits, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor 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 Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 8 City's Contract Administrator the Contractor's written plan and time frame for reinstatement of acceptable status. 2.9. CHANGES, CORRECTIONS, AND CLARIFICATIONS 2.9.1. 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. 2.9.2. 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. 2.10. PAYMENT AUTHORIZATION 2.10.1. 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. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 9 2.10.2. 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. 2.10.3. 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. 2.10.4. 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. 2.10.5. 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. 25-054 Right of Way Maintenance Services 10 3. SCOPE OF WORK — RIGHT OF WAY MAINTENANCE SERVICES This Section describes the work to be performed and the specifications that must be adhered to for the work. 3.1. RIGHT OF WAY CLEANUP Right of way cleanup, in general, includes the following work tasks within the City's rights -of - way. • Weed abatement (trimming, mowing, etc.) without chemicals. • Vegetation control (trimming, mowing, etc.) without chemicals. • Non -irrigated swale and roadside landscape maintenance. • Litter control. • Other manual landscape and roadside maintenance. Litter collected as part of this work shall be discarded at the City's Street Maintenance Facility dumpster or disposed of at the Sunshine Waste Disposal Transfer Station or the Spokane County Waste Disposal Transfer Station. 3.2. GRAFFITI ABATEMENT Graffiti abatement, in general, includes the following work tasks within the City's rights -of -way, facilities, and properties. • Removal of graffiti from City facilities, including streets, bridges, buildings, and other properties. • Paint, sandblast, wash and re-cover affected areas. • Apply anti -graffiti coatings where requested by the City. • Promote graffiti abatement and City beautification efforts. The City will supply graffiti abatement supplies for these activities for use by the Contractor on behalf of the City. The Contractor will store all graffiti supplies and equipment at its facilities. 3.3. SIDEWALK SNOW REMOVAL The following tasks will be performed by the Contractor in support of the City's sidewalk snow removal program. • Removal of snow from designated Safe Routes to School sidewalks and asphalt pathways throughout the City. • Removal of snow from sidewalks adjacent to City -owned swale properties. • Removal of snow from sidewalks on bridges throughout the City. • Removal of snow from entrances to, and ADA facilities, along the Appleway Trail The Contractor shall provide labor with equipment for the snow removal tasks for the entire width of the sidewalk or asphalt pathway. The City will supply deicer material for application to sidewalks and asphalt pathways. Snow should be cleared within 48 hours from the end of the associated snow event. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 11 3.4. STORM DRAIN INSPECTION SERVICES The City has over 12,000 catch basins and drywells that it owns and maintains, which require routine inspections to screen for illicit discharges/connections and to determine if cleaning or repairs are necessary. The Contractor will provide the following inspection services for City - owned storm drain facilities. • Perform visual inspections of the structure. • Identify and note any deficiencies or damage to the structure. • Identify and measure various structure parameters, including sediment depth, water depth, pipe invert dimensions, and other pertinent information the City deems necessary. The City will work with the Contractor to develop a Storm Drain Inspection Plan. All data will be logged using a mobile data entry application and the City will provide to the Contractor the necessary tools to perform the inspections including grate pullers, flashlights, sediment probes, tape measures and grade rods. The City will provide the electronic application but not provide smartphones or mobile tablets necessary for inspection data entry. 3.5. CODE ENFORCEMENT — NUISANCE ABATEMENT The following work tasks will be performed by the CONTRACTOR on and around privately - owned properties that are under code enforcement action. • Removal of accumulations of garbage, machinery, vegetation, building materials, tires, and other accumulations of materials determined to be a nuisance pursuant to Title 7 SVMC and in accordance with Title 17 SVMC. • Moving and depositing accumulations of garbage, machinery, vegetation, building materials, tires, and other accumulations of materials into dumpsters coordinated and provided by City Code Enforcement staff. • Board up of unfit structures, dangerous structures, and structures associated with chronic nuisance determinations pursuant to Titles 7 and 17, SVMC. • Installation/erection of temporary barriers such as fencing, earthen berms, and signage to discourage or prevent unauthorized entry into or onto City -owned properties, dangerous sites, or sites associated with chronic nuisances. • Trimming and removal of vegetation. City staff will coordinate directly with the Contractor Supervisors on schedule and location of work. 3.6. ROAD MAINTENANCE LABOR From time to time, the City will require the Contractor to provide general labor to assist the City's road maintenance operation and crews. Road maintenance labor efforts may include mixing, pouring and spreading asphalt, asphalt crack -seal material, gravel material, or other work. The City will supply the necessary tools and equipment associated with road maintenance work. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 12 4. MEASUREMENT AND PAYMENT This Section describes the Unit Prices for Work to be performed by the Contractor including standards, measurement, and payment. 4.1. MEASUREMENT Labor activities performed in accordance with the work will be measured by the hour. Time spent on activities other than those to complete the work will not be measured. Equipment utilized in the performance of activities required for the work will be measured by the day. 4.2. PAYMENT The hourly rate identified for each labor category shall be full compensation for all labor costs incurred by the Contractor in performing the work. The daily rate identified for each equipment category shall be full compensation for all direct and indirect costs incurred by the Contractor in supplying and utilizing the equipment, including transportation, fuel, and related costs. Supplemental Requirements Contract No. 25-054 Right of Way Maintenance Services 13 Exhibit C Dignified M,e ► 1171 E Trent Ave., Spokane, WA 99202 www.dignifiedworkday.org 541-610-3254 City of Spokane Valley 10210 E Sprague Avenue Spokane Valley WA 99206 Phone: (509) 720-5000 Agreement Right of Way Maintenance Services Contract No. 25-054 Product / Service Labor: Work Crew Labor (Per Hour) Work Crew Lead Worker Labor (Per Hour) Operations Team Leader Labor (Per Hour) Other Costs: Materials & Supplies Cost & Sales Tax Per Day Equipment Trailer Per Day- Maintenance per Vehicle Dignified Workday LLC Andy Dwon h Chairman, Management Board 2025 Cost 2026 Cost w/Increase 3% CPI $33.00 $33.99 $40.00 $41.20 $50.00 $51.50 2025 Cost $ Per Item $25.00 $125.00 2026 Cost $Per Item $25.75 $128.75 CAREPAT-01 .4O CERTIFICATE OF LIABILITY INSURANCE `� DATD/YYYY) 61251225/2025 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 Hub International Northwest LLC PO Box 3144 Spokane, WA 99220 CONTACT NAME: PHONE FAX (AIC, No, Ext): (509) 747-3121 (A/C, No):(509) 623-1073 Al DRIEss: nowspkinfo@hubinternational.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B : Great American Fidelity Insurance Company 41858 INSURER C : Career Path Services Employment and Training INSURER D : 816 W Francis Ave #1028 Spokane, WA 99205-6512 INSURER E INSURER F : COVERAGES CFRTIFICATF Nl IMRFR• 0r1/Icin Al Alll"01=0• 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 ADD SUBR POLICY NUMBER POLICY EFF M POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR X X PHPK2552076-014 6/30/2025 6/30/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER : POLICY F7 O ❑ LOC JEPRCT OTHER: General Aggregate GENERALAGGREGATE $ 2,000,000 GEN'L PRODUCTS -COMP/OP AGG 00 $ 2,000,0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Per nerson $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS PHPK2552076-014 6/30/2025 6/30/2026 BODILY INJURY Per accident $ X HIRED NON WNED LX AUTOS ONLY AUTO ONLY PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE PHUBB63057014 6/30/2025 6/30/2026 DED I X I RETENTION $ 10,000 Aggregate 2,000,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECU I IVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N / A - PHPK2552076014 6/30/2025 6/3Q/202g PER OTH- TATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A General Liability PHPK2552076-014 6/30/2025 6/30/2026 Per Occ. 1,000,000 B Cyber/Privacy/Networ CYP 3643149-08 6/30/2025 6/30/2026 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Directors & Officers Carrier: Philadelphia Insurance Companies Effective 06-30-25 to 06-30-26 Policy # PHSD1796355014 Limit $2,000,000 $5,000 Deductible SEE ATTACHED ACORD 101 City of Spokane Valley 10210 East Sprague Ave. Spokane, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t�y.[-- ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CAREPAT-01 LOC #: 1 SELDER ACORO- ADDITIONAL REMARKS SCHEDULE AGENCY NAMEDINSURED Hub International Northwest LLC Career Path Services Employment and Training 816 W Francis Ave #1028 POLICY NUMBER Spokane, WA 99205-6512 SEE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 AUUI I IUNAL KLMAKKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: Employment Practices Liability Carrier: Philadelphia Insurance Companies Effective 06-30-25 to 06-30-26 Policy # PHSD1796355014 Limit $2,000,000 $35,000 Deductible Crime Coverage: Carrier: Philadelphia Insurance Companies Effective 06-30-25 to 06-30-26 Policy # PHSD1796355014 Limit $200,000 $5,000 Deductible Computer Fraud $200,000 $5,000 Deductible City of Spokane Valley is included as an additional insured and Waiver of Subrogation applies per the attached forms/endorsements. Page 1 of 1 ACUKU 1U1 (ZIUM l) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD