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10-018.00 Poe Asphalt Paving: Street & Stormwater Maint & Repair Spokane Valley 11707 E Sprague Ave Suite 106 ♦Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org December 15, 2009 12rnl`L Poe Asphalt Paving, Inc. t 2732 N Beck Road Post Falls, ID 83854 Re: Implementation of 2010 option year, Contract No. 16-00I for Agreement for Street and Stormwater Maintenance and Repair Services, No. 07 -008, executed March 13, 2007 Dear Mr. Griffith: The City executed a contract for provision of Street and Stormwater Maintenance and Repair Services on May 11, 2007. The Request for Proposal states that it was for one year, with 7 optional one year terms possible if the parties mutually agree to exercise the options each year. The City would like to exercise the 2010 option year of the Agreement. The Compensation as outline in Exhibit A, 2010 Cost Proposal, includes the increases you requested and shall not exceed $ 1,375,119. This is the fourth of seven possible option years that can be exercised, and runs through December 31, 2010. Exhibit "A" — 2010 Cost Proposal All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2010 option year, please sign below to acknowledge the receipt and concurrence to perform the 2010 option year. Please return two (2) copies to the City for execution. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALL Poe ph. ':ving, Inc. C o p t s gaesp., P, ame and t e d itle 1� 9 Date igned Date signed Cc. lo -oi$ Attachement A ' 2010 COSTS 1. OVERHEAD & PROFIT FEES Fee Direct Costs 22% Subcontractor 8% 2. LABOR Costs Description Hourly Cost OT Cost Superintendent/Manger $ 56.35 $ 70.05 Foreman $ 41.85 $ 55.45 Operator $ 40.85 $ 54.45 Teamster $ 40.85 $ 54.45 Laborer $ 37.85 $ 50.35 3. EQUIPMENT Description Hourly Cost 38 KW Tractor $ 60.00 22 KW End Dump $ 60.00 29 KW End Dump $ 60.00 40 DW End Dump $ 60.00 56 Pete End Dump $ 60.00 60 KW End Dump $ 60.00 23 Pete Super Dump $ 80.50 24 Pete Super Dump $ 80.50 25 Pete Super Dump $ 80.50 27 Pete Super Dump $ 80.50 28 Pete Super Dump $ 80.50 257 Water Truck $ 44.50 259 Water Truck $ 60.00 205 Ford Tack Truck $ 44.50 273 Ford Service Truck $ 39.00 230 Ford F250 $ 16.00 300 Ford F150 $ 16.00 202 Ford F450 $ 26.75 208 Ford F450 $ 26.75 247 Ford F550 $ 26.75 75 Trailking Lowbed $ 37.00 102 4 axle pup $ 21.00 103 4 axle pup $ 21.00 187 4 axle pup $ 21.00 188 4 axle pup $ 21.00 197 Belly Dump Trailer $ 21.00 144 3 axle tilt trailer $ 26.25 131 Trailmax Trailer $ 15.75 132 Trailmax Trailer $ 15,75 149 Trailmax Trailer $ 15.75 461 Cat Grade Roller $ 54.50 406 DD 34 Roller $ 44.25 411 Dynapac 102 Roller $ 44.25 418 DD70 Roller $ 65.00 416 DD110 Roller $ 79.00 505 Bomag $ 85.00 524 Blawknox 5510 $ 175.00 722 John Deere 210 $ 50.00 718 Huber 750 $ 55.00 711 Cat 160 $ 85.50 828 Broce Broom $ 55.00 926 tack Trailer $ 16.00 421 Plate Wackers $ 5.30 946 Multi saw $ 26.25 4. MATERIALS Description Cost HMA $ 59.00 Top Course (5 /8) $ 6.30 5. SUBCONTRACTORS LIST Woody's Asphalt Sealcoating, Inc. Frank Gurney, Inc. MDM Construction, Inc Northwest Fence Northwest Landscape Cameron Contracting, Inc. Eclipse Traffic Control & Flagging Cat's Eye Excavating 6. SUBCONTRACTORS MATERIALS Description Unit Unit Cost Quarry Snails Ton $ 14.00 Crack Sealant PCC Pound $ 4.00 PCC Cubic Yard $ 92.00 Guardrail LF $ 12.80 6' Chain link Fencing LF $ 12.00 8' Chain link Fencing LF $ 14.25 Type A Drywell In Road Prism EA $ 620.00 Type B Drywell In Road Prism EA $ 850.00 Type A Drywell In Swale EA $ 620.00 Type B Drywell In Swale EA $ 850.00 Catchbasin Type 1 EA $ 490.00 Catchbasin Type 1 w/ Oil Water Separator EA $ 820.00 Pipe Sumps EA $ 145.00 10" SDR -35 PVC Pipe LF $ 5.70 12" SDR -35 PVC Pipe LF $ 8.20 12" CMP LF $ 14.03 12" RCP LF $ 20.00 Drain Rock Cubic Yard $ 10.83 Filter Fabric Sq Yard $ 0.84 Seeding, Mulching, & Fertilizing Sq Ft $ 0.10 Sod Sq Ft $ 0.40 � r AGREEMENT FOR SERVICES FILE GOPY Poe: Asphalt Pavia Inc. • Contract No. 07-008 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, her qty' and Poe Asphalt Paving, Inc. hereinafter "Conhsdor, jointly rte red to as "parties." IN CONSIDERATION of the teams and cxmdions contained berms the parties agree as follows: 1. Work to Se Perfo The Contractor shall do all work and famish all labor, tools, =denials, supplies and equipment for the Streat an Stnamwabe Mamfnaa and Repair Se�ice (herein "work°') in ace with RFP No. 07-008 -Street and Stormwater Make and Repair (Exhibit 1), Poe Asphalt Paving — Street and Stoamwaber Maintenance and Repair Services Proposal ( Exhibit 2) and 2006 Standard Specifications for Road, Bridge and Mnmicipal Construction of the Washington State Department of Transportation, which are by this reference incorporated herein and made part hereof ("Coact Dom, and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall, for the amok set forth in the Conkactofs bid proposal attached hereto, assn and be responsible for the cost and expense of all walk required for constructing and completing the work and related activities provided for in the Contract Plans and Contract Docmnents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior • to commencement of wok, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work, complete the same in a timely mamrer, and cure any failure in ped:Irmanre Tinder this agreement Unless otherwise directed by the City, all work shall be peril:mnad in conformance with the Contract Plans, Contract Documents, City and State standards. Contractor'ackaowiedges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality mabeaia so that all work performed shall be in compliance with current related indnstry standards. 2. Term of Contract This agreement shall. be in full force and effect vpon won and shall remain in effect until. December 31. 2007. The Cary may terminate this agreement by ten (10) days' written notice to the other party. In the event of such termination, the City shall pay the Contractor far all work previously authorized and satisfactorily performed prior to the termination data 3. Compensation. The City agrees to pay the Contractor for the Cost of the Wade plus the Contractor's fee for overhead and profit as defined in Schedule A (Exhibit 3). . A. The Contractor's Fee for Costs of the Work as defined in. Schedule A Section 2.1 Direct Costs will be a pie of the Cost of the Work and shah be 22% B. The Contractor's Fee fix Costs of the Wo=k as defined in Schedule A Section 2.2 Subs Costs will be a percentage ails co st: afire Work pins the Overhead Rate and shall be8% C. The gam of the Cost &the Watt phi the C ntractoes Fee shall not emceed one minion one hundred seventy fate thousand one Imndred nineteen Dopers ($1,175,119), subject to additions and deductions by Change Order. - 4. rgsmot. The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the (yty, cc in a romp sum, on oompletion of the wed Applications for payment shalt be sent to the City Cleric atthe bed address. The ciIy reserves the right to withhold payment -coder this agreement nt which is wed, in the ruble judgment of the City Manager, to be =compliant with the Contract plans, Contract Documents, or City or Stars standards. 5. ot ee ; Notice shall be given in writing as follows: TO THE may: TO THB CONTRACTOR Name: C ire Bainbridge, City Cleric Name: Brad Griffith Phone Number: ( 509) 921 -1000 Phone Nmnber. (208) 777-0498 Address: 11707 Bast Sprague Ave., Snit) 106 Address: 2732 N Berk Road Spokane Valley, WA 99206 Post Fads, ID 83854 6. Applicable Laws and Standards. The parties, s, in the perfonnance of this agreement, agree to comply with all applicable Fetal, State- end local laws, and City ordinances read ieguletions. 7. ve IItn War+ an Pub lic Works. Unless otherwise required by law, if this caMact is for a "public work' which is defined as "work, won, alteration, repair or improvement other than ordinary unarm executed at the cod of the City," the fvllowb g provision applies: ' This agreement provides fbr the construction of a public work and a payment of gravelling wages according to Washington law. All worker, laborers or mecanics shall be paid a prevailing rye of wags that is set forth in an 1 bhit to this agreement Befam guy payment may be made to Cantractar a "Sent of latent to Pay Prevailin Wages" must be submitted to the City. Following final acxepem.oe of the public) works project, the Contractor and each wor shall -submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit oust be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationsbho of the Portles. It is hereby understood, agreed and declared that the Contractor shall be sir independent Contractor and not the aged or employes of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means of the Work is solely with the di on of the Ccmtractra. Any and all employees who provide services to the City under this agreement shall be deemed employee of the Contractor. The Contractor shall be solely respotuulle for the conduct and actions of all employees under this went and any liability that may attach thereto. . r _ B. Minfanan Amounts of insurance.. Contactor shall mairdain 1325 following Wan= limits: 1. A hle lmb insurance with a miaimum combined single limit for bodily injury and property damage of $1,000,000 per a 2. [ erciat mor Liab rlity insurance shall be written with limbs no less that $1.000,000 each occurrence, $2.000,000 general aggregate and a $2,000,000 products - completed opeicns aggregate C. Other brsramice P.rovisionr. The hum= pacaes are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insmraace as respect the City. Any Insurance, self -i nsurace, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contain to with it 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thkty (30) days prior written notice by • certified d mail, return receipt requested, has been given to the City. D. Acceptability of brsureera. Insurance is to be placed with insurers with a =rent A.M. Best rating of not less than AML B. VerOcation of Coverage. Coniractocr shall famish the City with original certifies and a copy of the amendatory endorsements, inclndmg but not necessarily • limited to the additional insured endorsement, evidencing the insurance r of the Contractor before commencement of the work. • 14. Affleninifiention and Hold Harmless. The Coutractor shall defend, indemnify and hold the City, its officers, officials, employees and vo1untema harmless from any and all claims, injuries, damages, losses or suits inchhriing attorney fees, arisirig out of or in coon 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 KW 424. 115. then, in the event of liability for damages arising out of bodily injury to persons or damages to p l y caused by or resulting fiom the conomaeut negligence of the Contactor and the City, its officers, officials, e mployees, and vohmt3em, the Contractor's liability heramder shall be only to the ester of the Contractor's ice. It is farther specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of imam* ty under• In dustrial Insu nnoe„ Tide 51 XtCW, solely for the purposes of this indemnification: This waiver has been mutually negotiated by the patties. The provisions of this section shall survive the expiration or termination oldie agent 15. Wafvei No offices, employee, agent, or other individual acting on behalf of either party, has the power, right, or authority to waive any of the conditions or prvisions of this agreement No waiver in one instance shall be held to be waiver of any other subsequent breach or nonpance. All remedies afforded in this agreement, or by law, shall be taken and construed as cumnlatives, and in addition to every other remedy provided herein or by law. Farlme 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 hmeog shall in no way be construed to be a waiver of such provisions, nor shall it affect thb Validity of this agreement, or any part thereof ■ SC Ile "A" L Cost of the Work, Cost of the Work means the sure of costs incurred and paid by Contractor aactar is the proper penfomemce of the Work Costs shall be in amounts no higher than those prevailing in the Locality of the Project, and shall include only the following items: 1.1 Drs 1.1.1 Payroll Costs. Charges for Payroll Costs will be limited to Retard costs of Contractor's construction personnel stationed is the field. Payroll costs shall . include, but not be limited to, salaries and wages pins the cost of fringe benefits, which shall imitate social security can otions , and payroll taxes, worloxs' won, health and retirement benefits. The ' exptmses of perfmmbg Wok outside of regular working hours, on Satmday, • Stmday, or legal holidays, shall be included in the above to the eat authorized by Owner. The labor rates shall be per Attachment C — Part 2 ofExhil it 2. 1.1.2 Equipment Costa Charges for Equipment Costs used by the contract to complete the work in the field. 'ire rates are included in Attachment C — Part 3 ofE brt2. 1.13 Material Costs. Charges for Material Costs fumishe d by the Contractor and ineoxporaied in the Work. The City and Contactor agree that materials listed under Atsarhmemf C — Part 4 of Exhibit 2 represent the maximum authorized types of materials and twit mates which Will be considered reimbursable under the terms affix: this contract =less subsequently changed for reasons approved by the City by a *rued change order to the Contract. Material rates shall be in accordance with the material types shown in Attachment C —Part 4 of &Hit 2. 1.2 Subcontractor Costs 12.1 Attachment C —Pmt 5 has a list of ail subcontractors wed to work for you under this contract If required by the City, the Contractor shall obtain competitive bids from subcontractors acceptable to the City and Contractor and ' then determine which bids, if ' such bids to the � any, deliver City, will will be acceptable. 1.2.2 Material Costs. Charges for Mattel Costs famished by the a Subcontractor and izeoarporatcd in the Work The City and Collector agree that materials listed tinder Amy C —Part 6 of Exhibit 2 represent the maximum authorized types of materials and unit rates which will be considered reimbursable trader the terms of the this contract unless subsequently charged for reasons approved by the City by a formal change order to the Contract. Material rates shall be in accordance with the material types shown in Attaclnneat C — Part 6 of E habit 2. The City and the Contractor agree that the rates listed in the Attiu$ini ►t include overhead and profit for the subcontractors. 1.23 Payments made by the Contractor to Subcontracts may be based on a lump &nn race from the Subcontractor. 2 Overhead and Profit. Coma's free means a percentage over the direct costs (Items 1.1 and 12 above) to accotmt for the contractor's overhead and profit. M From: smag To: Darla Date: 2/3/2010 Time: 10:10:42 AM Page 1 of 1 CC °RO CERTIFICATE OF LIABILITY INSURANCE DATE TY) PRODUCER (509) 758 -5529 FAX: (509) 758 -5311 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stonebraker McQuary Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 616 5th St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 9 Clarkston WA 99403 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: CNA -Ntl Fire Ins Co of 20486C Poe Asphalt Paving, Inc. INSURER a CNA- American Casualty Co. 20427 PO Box 449 INSURER c: CNA- Transportation Ins Co. INSURER D State Insurance Fund Lewiston ID 83501 INSURER E: COVERAGES Tili WaWIF&PErktr, 'iEA1VC5rt' .iTf'u1:176J'tik'1-k( L: r2A- c\51t- N9. 555u' J011` 011Pr1 Y €a5ca.T`i.)9fJHUI95- ITTaWin twa Rig 1 i3t`f53 GE DICYR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY NUMBER POUCV EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR • TYPE • F 5 - • NCE 1 DATE (MM /DD /YYYYI DATE (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ _ 1, 000 000 X] COMMERCIAL GENERAL LIABILITY PRR (Ea occur $ 100,000 A ■ CLAIMS MADE I X 1 OCCUR 1078605171 11/1/2009 11/1/2010 MEDEXP (Any oneperson) $ 5,000 © Stop Gap Liability PERSONAL & ADV INJURY $ 1 000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 7 POLICY ICI PELT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 B ALL OWNED AUTOS 2025665448 11/1/2009 11/1/2010 BODILY INJURY (Per person) $ SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON- OWNI�AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S _ 1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG 5 EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 Xi OCCUR Li CLAIMS MADE AGGREGATE $ 4 000 C __ DEDUCTIBLE 207556'7923 11/1/2009 11/1/2010 $ X RETENTION $ 10,000 $ D WORKERS COMPENSATION TORY U S O ER AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE I Y 1 N E.L. EACH ACCIDENT $ 500 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 578551 10/1/2009 10/1/2010 E L. DISEASE - EA EMPLOY $ 500,000 If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I $ 500,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Spokane Valley is additional insured on general liability as respects the 2009 Street & Stormwater Maintenance & Repair project. Insurance is Primary and Noncontributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Spokane Valley DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 11707 E Sprague Ave Ste 106 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Spokane Valley, WA 99206 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Della Allen /DELLA f;:)ca QO — CZ ° 4 --- --D INS025 (200001) The ACORD name and logo are registered marks of ACORD