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HomeMy WebLinkAbout25-054.02 Dignified Workday LLC - ROW Maintenance CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND DIGNIFIED WORKDAY Spokane Valley Contract# 25-054.02 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Career Path Services Employment and Training(DBA Dignified Workday),mutually agree as follows: 1.Purpose:This Amendment is for the Contract for work in public right-of-way by and between the Parties, executed by the Parties on April 28, 2025, and which terminates on December 31,2026. Said contract is referred to as the"Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are either as follows, or attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. The amount authorized to be expended for 2026 is increased by an additional$100,000.00 to provide additional Right of Wav maintenance services including mowing,trimming,brush control,litter control, graffiti abatement, and possible nuisance abatement for code enforcement cases throughout the city due to the close of the Revival General Contracting Contract. 4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount April 28,2025 $100,000.00 2026 Renewal December 15,2025 $150,000.00 Amendment#1 to be executed $100,000.00 Total Amended Compensation $350,000.00 The parties have executed this Amendment to the Original Contract this I/ day of May,2026. CITY OF SPOKANE VALLEY: DIGNIFIED WORKDAY: 1 a John hman By: Andy Dwvonch, Board Chair City Manager Its:Authorized Representative APPROVED AS TO FORM: 0 ce of the City Attorney 1 Spokane Valley 10210 E Sprague Avenue • Spokane Valley\VA 99206 Phone: (509)720-5000 ♦ Fax:(509)720-5075 ♦www.spokanevalley.org Email:cityhall@spokanevalley.org December 15,2025 Contract No.25-054.01 Dignified Workday LLC 1711 E Trent Avenue Spokane, WA 99202 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. CITY OF SPOKANE VALLEY Dignified Workday LLC /M Jo r ln Hallman, City Manager Andy Dwonch Chairman,Management Board APPROVED AS TO FORM: frOf Office: the City At irney 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.:25-054 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 City shall not have an obligation to pay unless and until intents and affidavits are properly filed by Insurance is to be placed with insurers with a current A.M. Contractor, and approved by L&I. The Contractor shall Best rating of not less than A:VII. indemnify and hold the City harmless from any claims 6E. EVIDENCE OF COVERAGE related to the payment or non-payment of such wages by As evidence of the insurance coverages, the Contractor the Contractor. The schedule of Prevailing Wage Rates is shall furnish acceptable insurance certificates to the City at incorporated by reference into these Contract Documents. the time the Contractor returns the signed Agreement. The The prevailing wage rates as provided to the City by the certificates shall specify all parties who are additional Industrial Statistician of the Washington State Department insured, and shall include applicable policy endorsements, of Labor and Industries is available for download at URL and the deduction or retention level. Insuring companies or httD://www.lni.wa.qov/TradesLicensing/PrevWage/WaaeR entities are subject to City acceptance. If requested, ates/. complete copies of insurance policies shall be provided to It is the Contractor's sole responsibility to determine the the City. The Contractor shall be financially responsible for most current wage rates it will actually have to pay. These all pertinent deductibles,self-insured retentions,and/or self- rates shall remain in effect for the duration throughout insurance. Contractor's performance of the Work. 6F. SUBCONTRACTORS Contractor shall cause each and every subcontractor to 9. WORKERS'BENEFITS provide insurance coverage that complies with all applicable The Contractor shall make all payments required for requirements of the Contractor-provided insurance as set unemployment compensation under Title 50 RCW and for forth herein,except Contractor shall have sole responsibility industrial insurance and medical aid required under Title 51 Provided Services: Purchased Services Agreement Contract No.:25-054 General Conditions-2 GENERAL CONDITIONS RCW and shall furnish proof of payment if requested by the responsible for and will not have control or charge of the City. If any payment required by Title 50 or Title 51 is not means, methods, techniques, sequences, or procedures of 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 , plans, specifications, Drawings, 60.28 RCW, the City will retain the 5% for a period of 45 ecifiications, and other related days after date of acceptance, or until receipt of all documents prepared by the Contractor under this necessary releases and settlement of any liens filed under Agreement are, and shall be,property of the City, and may Chapter 60.28 RCW, whichever is later, at which time the be subject to disclosure pursuant to RCW 42.56, or other City in ordinary course of business will make final payment. applicable public record laws. Additional Retainage 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 ail 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: Provided Services: Purchased Services Agreement Contract No.:25-054 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 fit 296-155 WAC, and "General Safety Standards", Chapter approved by the Engineer,plus 15%for overhead,pro 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.:25-054 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.:25-054 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 statutes or commission of embezzlement,theft,forgery, cannot be resolved through informal discussion and 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 39.06A20, the Contractor shall verify transactions (federal, state, or local) terminated for responsibility criteria for each first tier subcontractor and its cause or default. 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.:25-054 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 of 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 at 49 C.F.R.parts 37 and 38; Provided, that if Contractor becomes involved in, or is Provided Services: Purchased Services Agreement Contract No.:25-054 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.:25-054 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 Page 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\Vay 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 • 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.lni.wa.gov/wagelookup/PrvWageLookUp.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\Vay 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 • : ► a 1171 E Trent Ave., Spokane,WA 99202 www.dignifiedwork_ia_y.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: 2025 Cost 2026 Cost w/Increase 3%CPI Work Crew Labor(Per Hour) $33.00 $33.99 Work Crew Lead Worker Labor(Per Hour) $40.00 $41.20 Operations Team Leader Labor(Per Hour) $50.00 $51.50 Other Costs: 2025 Cost 2026 Cost Materials&Supplies Cost&Sales Tax $Per Item $Per Rem Per Day Equipment Trailer $25.00 $25.75 Per Day—Maintenance per Vehicle $125.00 $128.75 Dignified Workday LLC Andy Dwon h Chairman, Management Board CAREPAT-01 SELDER ACORC7° CERTIFICATE OF LIABILITY INSURANCE DATE(MYYY) `..�� s/25/2022025 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 NQ,EACT Hub International Northwest LLC PHONE �AX PO Box 3144 (NC,No,Esti:(509)747-3121 I`Fa No):(609)623-1073 Spokane,WA 99220 ADO SS:nowspkinfo@hubinternationai.com _ INSURER(S)AFFORDING COVERAGE NAIL ff INSURER A:Philadelphia Indemnity Insurance Company 18058____ INSURED INSURER B:Great American Fidelity Insurance Company 41858 Career Path Services Employment and Training INSURER C 816 W Francis Ave#1028 INSURER D Spokane,WA 99205-6512 INSURER£: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I`TR TYPE OF INSURANCE INS)WEIR' POLICY NUMBER POLICY EFF POLICY ERP LIMITS (MM/ODlYY Wl IMM/DDlYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X PHPK2552076-014 6/30/2025 6/30/2026 pREas EaEo caEir°ence) $ 100,000 MEDEXPjAny one person) $ 5,000 PERSONAL 8,ADVINJURY $ 1,000,000 GEM.AGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY r y JECOT I 1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER:General Aggregate $ A AUTOMOBILE LIABILITY (E°a accident)._MINED GLE LIMIT $ 1,000,000 ANY AUTO __ PHPK2552076-014 613012025 6/30/2026 BODILY INJURY(Per person) $ — OWNED SCHEDULED _ AUTOS ONLY X AUTOS p LY p BODILY INJURY(Per accident) $ AUTOS X ONLY X ARICI O� r eOPE WI AMAGE $ $ A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE PHUB863057014 6/30/2026 6/30/2026 AGGREGATE __ $ DED X RETENTIONS 10,000 Aggregate $ 2,000,000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE ERH ----- ANY PROPRIETO YIN PHPK2552076.014 6/30/2025 6/30/2026 E.L.EACH ACCIDENT $ OMFICEOryELtBERRRIPARTNER/EXECUT NE EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE$ If yes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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 6/3012026 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Addtlonal 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 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Ave. Spokane,WA 99206 AUTHORIZED REPRESENTATIVE — /Sd� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:CAREPAT-01 SELDER LOC#: 1 ACORD' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Hub International Northwest LLC Career Path Services Employment and Training 816 W Francis Ave#1028 POLICY NUMBER Spokane,WA 99205-6812 SEE PAGE 1 CARRIER NAM CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability insurance Description of Operations/LocationsNehicles: 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. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD