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12-066.00 AAA Sweeping, LLCAGREEMENT FOR SERVICES AAA Sweeping, LLC THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and AAA Sweeping, LLC hereinafter "Contractor," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed. The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the Storm Drain Cleaning Services (hereinafter "work ") in accordance with, and as described in Exhibit 1 (Specifications), which are by this reference incorporated herein and made part hereof ( "Contract Documents "), and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for performing and completing the work and related activities provided for in the Contract Documents, 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 work, 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 manner, and cure any failure in performance under this agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract. This agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2012. After successful completion of the first contract term, the City and the Contractor may agree to enter into up to five additional and sequential one -year option contracts which may be exercised by the City Manager or designee. The City may terminate this agreement by ten days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. The City agrees to pay the Contractor on a time and material basis as set forth in the attached bid up to a maximum fee of $189,990.00 as full compensation for everything furnished and done under this agreement, as directed by the City. Agreement for Storm Sewer Cleaning Services Page 1 of 6 4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent to the City Clerk at the below- stated address. The City reserves the right to withhold payment under this agreement which is determined, in the reasonable judgment of the City Manager, to be noncompliant with the Contract Documents, or City or State standards. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Phone: (509) 921 -1000 Address: 11707 East Sprague Ave. Suite 106 Spokane Valley, WA 99206 Name: Brett Sargent, Managing Member Phone: (509) 922 -1363 Address: PO Box 624 Veradale, WA 99037 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. 7. Prevailing Wages on Public Works. Unless otherwise required by law, if this contract is for a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary maintenance executed at the cost of the City," the following provision applies: This agreement provides for payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit 1 (Specifications) to this agreement. Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the services, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties. It is hereby understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee 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 within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make Agreement for Storm Sewer Cleaning Services Page 2 of 6 excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 11. WarrantV. Unless provided otherwise in the Contract Documents, Contractor warrants all work and materials performed or installed under this contract are free from defect or failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 13. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General ilit Liaby insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following Agreement for Storm Sewer Cleaning Services Page 3 of 6 insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. Cancellation of Contractor's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Contractor shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance. 14. Indemnification and Hold Harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification Agreement for Storm Sewer Cleaning Services Page 4 of 6 provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 15. Waiver. No officer, employee, agent, or other individual acting on behalf of either party, has the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part thereof. 16. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent of the other party. 17. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 18. Arbitration. All disputes arising under this agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration. 19. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties, and supercedes any prior oral or written agreements. This agreement may not be changed, modified, or altered, except in writing and signed by the parties hereto. 20. Anti - kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person with an interest in this agreement. 21. Business Registration. Prior to commencement of work, Contractor shall register with the City as a business. 22. Severability. If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Specifications for Storm Drain Cleaning Services; 2. Price Proposal (Bid); 3. Insurance Certificates; 4. Performance and Payment Bond. Agreement for Storm Sewer Cleaning Services Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this agreement this # day of 2012. CITY OF SPOKANE VALLEY: City M g r ATTEST: City Clerk Agreement for Storm Sewer Cleaning Services Page 6 of 6 CONTRACTOR: c�scSc'r Owner Tax I.D. No.: APPROVED AS TO FORM: r Office of e City Att&dzy EXHIBIT 1 :ley SPECIFICATIONS FOR STORM DRAIN CLEANING SERVICES April 2012 (This Page Intentionally Left Blank) Page ii TABLE OF CONTENTS 1 SUPPLEMENTAL CONDITIONS 1 1.1 WORK SUMMARY 1 1.2 CONTRACT TYPE 1 1.3 CONTRACT ADMINISTRATOR 1 1.4 ONE GENERAL CONTRACTOR 2 1.5 COORDINATION OF CONTRACT DOCUMENTS 2 1.6 CONTRACT TERM AND OPTION YEARS 2 1.7 COMPENSATION 2 1.8 CONTRACTOR REQUIREMENTS 3 1.9 EXAMINATION OF WORK SITE 3 1.10 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES 3 1.11 CHANGES, CORRECTIONS, AND CLARIFICATIONS 4 1.12 PREVAILING WAGES 5 1.13 PAYMENT AUTHORIZATION 5 1.14 ADDITIONAL OPTION YEARS 8c FEE ADJUSTMENT 6 2 GENERAL SPECIFICATIONS 8 2.1 WORK PLAN 8 2.2 WORK TERM 8 2.3 CONTRACTORS EMPLOYEES 9 2.4 EDUCTOR TRUCK CERTIFICATION 9 2.5 SAFETY & ACCIDENT PREVENTION 11 2.6 EMERGENCIES 11 2.7 PRESERVATION OF PROPERTY 11 2.8 ILLEGAL DUMPING 12 2.9 URGENT SITUATIONS, COMPLAINTS, AND DEFICIENCIES 12 2.10 INSPECTIONS & REPORTING 13 3 WORK SPECIFICATIONS 16 3.1 STRUCTURE CLEANING 16 3.2 TRAFFIC CONTROL WITH FLAGGING 17 3.3 ABSORB LIQUID HOLD 18 3.4 DEBRIS TRANSFER 19 Page i (This Page Intentionally Left Blank) Page ii Specifications for Storm Drain Cleaning — April 2012 1 SUPPLEMENTAL CONDITIONS This Chapter includes contract management provisions and requirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley (City) has a population of 89,755 residents (2010 Census) and covers a geographic area of over 35 square miles. The City was incorporated in March 2003. The City contracts for the cleaning of designated storm sewer and facilities operated by the Public Works Department and generally supporting the City's roadway system (Work). The purpose of these services is to: • Maintain public drainage facilities • Minimize the degradation of water quality in surface and groundwater • Meet Washington State Department of Ecology's Underground Injection Control (UIC) regulations This work will be performed on an as- needed and scheduled basis to the satisfaction of the City and shall meet all applicable local, state, and federal laws. Work for the City was previously performed under a Contract titled "Vactoring Services ". "Vactor" references a particular brand name of an eductor truck which is generally used to vacuum stormwater, wastewater, and associated solids into a tank located on the truck for transport and disposal. 1.2 CONTRACT TYPE This Contract is considered a Public Work and will be based on an hourly unit pricing. As such, it requires the Contractor to pay prevailing wages to the Contractor's employees per RCW 39.12.030. This Contract also allows: • An exemption from paying sales tax per WAC 458.20.171. The City shall not be charged retail sales tax. • 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 all proper releases have been attained from: • WA State Department of Revenue • WA State Department of Labor and Industries • WA State Employment Security Department 1.3 CONTRACT ADMINISTRATOR The City Manager's designated Administrator for this contract is the City's Public Works Director (Director) or his assigns. The day to day field inspection and Page 1 Specifications for Storm Drain Cleaning — April 2012 oversight of the contract shall be administered by City public works personnel following these Specifications and Contract Documents. 1.4 ONE GENERAL CONTRACTOR 1.4.1 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. 1.4.2 Contractor's Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. The supervisor shall have the authority to approve change orders, coordinate the Work and make other decisions pertinent to the Contract. 1.5 COORDINATION OF CONTRACT DOCUMENTS The complete Contract includes these parts: The Agreement for Services, Specifications, Price Proposal, Insurance Certificates, and the Performance and Payment Bond. 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. 1.6 CONTRACT TERM AND OPTION YEARS The contract shall commence on the date the contract is executed and continue through the end of the calendar year. As it deems, the City reserves the right to exercise or not, optional subsequent contract years for up (5) five additional one- year contract terms from 2013 up to and including 2017. It is anticipated that the option years shall start on or around January of each year and end on December 31 each year. 1.7 COMPENSATION This is a unit price Contract. The basis of payment will be a fixed unit price. Site work, change order pricing, and billing will be based upon the schedule of prices as bid. Unit prices include all supplies, labor, material, components, equipment, insurance and bond costs, all related costs associated with running and maintaining the equipment, reporting, and appurtenances necessary to complete the work which shall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to the specifications in full. These specifications shall be construed as minimum. Prices shall remain firm for the duration of the contract. The prices include all costs of servicing of the account, all contractual requirements during the contract period, and are subject to the specifications in full. Page 2 Specifications for Storm Drain Cleaning — April 2012 1.8 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 represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals 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 Director of the change in status. The Contractor shall also supply in writing to the Director the Contractor's written plan and timeframe for reinstatement of acceptable status. 1.9 EXAMINATION OF WORK SITE The Contractor certifies visiting the work areas and becoming fully acquainted with site conditions to understand the facilities, difficulties, and restrictions attending the execution of the work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the site and get acquainted with conditions existing therein and verifying project area dimensions, shall in no way relieve the Contractor from obligation with respect to his original proposed bid or to this contract. 1.10 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. 1.10.1 Support Facilities The City will not provide shop facilities, work space, or office space as part of this contract. Limited parking at City's Maintenance Facility: During non - freezing weather, and while being used for the work, the City will allow the Contractor to park one eductor truck at the City's street maintenance facility located at 17002 E. Euclid in an outdoor stall as designated. The Contractor will also be allowed one designated parking stall for the Contractor's employee during normal business hours and while the employee is using the Contractor's eductor truck. Use of the City's maintenance facility is at the sole discretion and risk of the Contractor. The City will not be responsible for any damage to or from the Contractor's equipment or the personal vehicle(s) of the Contractor's employee. Page 3 Specifications for Storm Drain Cleaning — April 2012 The Contractor will be responsible for providing all other support facilities at their own location. 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. The Contractor shall maintain an office at some fixed place and shall maintain a telephone there, listed in the telephone directory under the Contractor's name. The Contractor shall, at all times, have responsible person(s), employed by the Contractor, take the necessary action(s) to address and remedy inquiries and complaints that may be received from the City during normal working hours regarding this contract work. 1.11 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.11.1 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. 1.11.2 Corrections & Clarifications In order 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 Page 4 Specifications for Storm Drain Cleaning — April 2012 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. 1.12 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries (LNI) for Spokane County. Find the most recent prevailing wage rates at LNI's website at: httt)://www.Ini.wa.aov/TradesLicensiniz/PrevWage/ This contract at a minimum will require the following labor rates: Power Equipment Operator (for operating an eductor truck) and Laborer. The contractor shall use rates effective March 15, 2012 in the first year contract; if additional optional contract years are exercised, the Contractor shall pay wages for the most recently published and effective LNI rates available prior to option year contract execution. A copy of the current applicable wage rates is available for viewing at the City's offices. A hard copy of the applicable wage rates is available to be mailed to the Contractor upon request. The City reserves the right to periodically inspect the Contractor's offices and support facilities to verify compliance with prevailing wage notification and to randomly interview workers to verify that prevailing wages are received. 1.13 PAYMENT AUTHORIZATION 1.13.1 City Inspection The City will periodically inspect the work and condition of facilities under the care of the Contractor. If the Contractor's Work or conditions at the City's facilities are shown to not meet these Specifications, 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 standards of these Specifications are met. 1.13.2 Contractor Reports The Contractor shall complete and transmit to the City all periodic, annual, and other reports and work plans as indicated in these Specifications for the period invoiced prior to the City authorizing payment to the Contractor. Page 5 Specifications for Storm Drain Cleaning — April 2012 1.13.3 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. 1.13.4 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 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. 1.13.5 Retention of Payment This contract will hold 5% retainage per RCW 60.28.011. At the end of the contract year the City will submit a "notice of completion of contract" to the Department of Revenue, Department of Labor and Industries, and the Employment Security Department. The City will release the retainage when all proper releases have been attained from these departments. 1.14 ADDITIONAL OPTION YEARS & FEE ADJUSTMENT If the City chooses to exercise additional subsequent and sequential option year contracts, the Contractor and/or the City may request an adjustment of the unit prices annually, and no later than November 1 st 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) or 3 %, whichever is smaller. The reference point will be the CPI -U for October 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. Page 6 Specifications for Storm Drain Cleaning — April 2012 (This Page Intentionally Left Blank) Page 7 Specifications for Storm Drain Cleaning — April 2012 2 GENERAL SPECIFICATIONS This Chapter discusses general items for the Contractor and City to perform in preparation of executing the Work. 2.1 WORK PLAN 2.1.1 Annual Work Plan The Contractor shall submit an annual work plan to the City prior to commencing work for the Contract period. The plan communicates who, when, and how the Contractor will complete the Work during the Contract period. Adjustments to the plan may be necessary and the Contractor is to work with City staff on any revisions. The Work plan should indicate such things as: • Contractor owner and supervisor contact information, including cell phone and email address • Planned invoicing, work term periods, and contact information regarding billing • Organizational chart and roster of employee's working on this Contract • General schedules for typical or weekly routine work • Specific schedule for once /year task work, i.e. pump station wet vault cleaning • What types of equipment will be used, where, and when • Required personnel and equipment certifications • Self- inspection plan and reporting 2.1.2 Daily or Weekly Work Plans The Contractor shall submit an email to City designated staff the daily or weekly work plans indicating where the Contractor will be working and what activities will be performed. It may be sent up to one day in advance for the next day or week. The Contractor shall also notify the City if it does not plan on working including the reason why work will not be performed on that occasion. 2.2 WORK TERM A work term shall be a mutually agreed upon between the City and the Contractor prior to the start of work. Once the work term commences, the Contractor shall dedicate personnel and equipment to continuously work in the City until the end of the work term. Multiple work terms may be agreed to for the contract term. The work term may end before the agreed upon date if the City reaches the budget limits of the Contract. Page 8 Specifications for Storm Drain Cleaning — April 2012 2.3 CONTRACTOR'S EMPLOYEES 2.3.1 Identification Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name. 2.3.2 Licenses & Training Contractor and staff who are supplying services under this agreement shall at all times possess and carry a valid driver's license issued by the State of Washington and have all applicable certifications and licenses. Minimum standards include: • Operators of eductor trucks shall have a Class A or B Commercial Driver's License with tank vehicle endorsement and without air brake restrictions. • All Contractors' field employees working in confined spaces shall have the applicable confined space training and certifications per WAC 296- 809. • All Contractors' workers providing traffic control shall have a valid Washington State Flagging card at all times during the course of this Work. • Workers should also have applicable First Aid and CPR training as well as a basic 10 -hour OSHA safety course. 2.3.3 Conduct Contractor's employees, officers and representatives at all times shall: • Identify themselves as a Contractor's employee and not the City's. • Provide conduct in a professional and honorable manner. • Drive in a courteous and conscientious manner to and from Work sites. 2.3.4 Contractor Employee Removal The City reserves the right to require the Contractor to remove a particular Contractor's employee from working under this Contract. 2.4 EDUCTOR TRUCK CERTIFICATION 2.4.1 Standard Prior to commencing continuous work for the City under an agreed upon work term, the Contractor shall receive certification for eductor truck(s) to be used during the work term. The Contractor shall thoroughly clean and sanitize all eductor truck parts that would come in contact, convey, or store liquid or solid debris from City storm drains and submit the eductor truck(s) for inspection. Page 9 Specifications for Storm Drain Cleaning — April 2012 The following are the minimum equipment requirements: • Equipment must conform to all federal, state and local safety regulations. • Machines must be properly registered and insured in accordance with the motor vehicle laws of Washington. • Sufficient supply of spare parts must be kept on hand to ensure the timely and continuous fulfillment of this contract. • The machinery and equipment used by the Contractor shall be modern, clean, and maintained in proper working condition at all times consistent with the current standard of the industry and subject to the approval of the City. Eductor units should be less than five years old or be factory certified by trained technicians to meet these specifications. If older than five years, the Contractor must supply certification of the eductor unit(s) to the City prior to the City's final certification of the unit. • All vehicles used by the Contractor must be clearly identified with the name of the company and telephone number of local office on each side of the equipment. • The Contractor shall use high volume wet/dry eductor truck with a "roots type" positive displacement vacuum pump and at a minimum have: • Inlet volume of 4500 cubic feet per minute at 2200 revolutions per minute. • Pump must be rated to produce 3600 cubic feet per minute at 18 inches HG (mercury), and have relief valves operate in the 15 to 18 inches mercury range. • Pickup hose shall be 8 -inch diameter • Includes assorted nozzles for lines up to 36" diameter storm drain. • The water jet shall operate at a minimum continuous rating of 60 to 80 gallons per minute at 2,000 to 2500 psi. 2.4.2 Inspecting Party, Frequency and Purpose Final certification will come from the City and/or its duly authorized parties. This final certification will allow the Contractor to dispose of debris collected from City facilities at authorized locations. Whenever the eductor truck(s) are used for work outside of City -owned facilities and for other contracts, the Contractor will be required to re- certify the eductor truck(s) prior to continuing work in City storm drain facilities. 2.4.3 Exclusive Use Identification Eductor Truck(s) used by the Contractor within the City and upon receiving certification by the City are required to be clearly placarded for "Exclusive Use" to clean the City's storm drain system with the City Logo and signage as directed Page 10 Specifications for Storm Drain Cleaning — April 2012 and agreed to by the City. Eductor truck(s) no longer used in the continuous cleaning operations of the City's storm drain facilities shall remove the "Exclusive Use" placards with the City's Logo and signage. 2.5 SAFETY & ACCIDENT PREVENTION With respect to all Work performed under this contract, the Contractor shall comply with the safety standards provisions of applicable laws, codes, and the requirements of the Occupational Safety and Health Act of 1970 and the Washington Industrial Safety and Health Act, June 1973 (See RCW 49.17). The Contractor shall also meet applicable temporary traffic control sections of the latest Washington State adopted Manual on Uniform Traffic Control Devices (MUTCD). In particular, the Contractor and its employees shall at all times: Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. Employees shall wear appropriate Personal Protective Equipment for the work and conditions. Maintain on all vehicles, all articles necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including Contractor's employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the Contractor has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. 2.6 EMERGENCIES If the Contractor or his employees find themselves in or witnessing an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury. 2.7 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utility facilities, adjacent property, trees, and shrubbery, and motor vehicles. In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor's operation, they shall be repaired at the Contractor's expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property by the responsible party shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code under permits issued by the City. Page 11 Specifications for Storm Drain Cleaning — April 2012 2.8 ILLEGAL DUMPING If more than one (1) cubic foot of litter occurs on or in public property, it is deemed illegal dumping. Examples include dumped mattresses, appliances, or large accumulation of trash or debris, etc. When the Contractor sees any illegal and improper dumping in areas covered under this Contract, the Contractor shall contact the Spokane Regional Solid Waste System at Phone: 509- 625 -6083, or at: http: / /www.beautifyspokane.or ille ag 1- dumping The Contractor shall also note the referral in daily reports to the City. The reports shall include the date of the discovery, approximate location, and a general description of the material including volume or weight measure of removed debris. 2.9 URGENT SITUATIONS, COMPLAINTS, AND DEFICIENCIES All complaints, deficiencies, and urgent situations with regards to this Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone, email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.9.1 Urgent Situations The Contractor shall be required to respond immediately within two hours to any urgent situations reported from or through City staff. The Contractor's employees shall have the ability to be contacted by cellular phone, two -way radio service, or paging service from Contractor's office whenever such situations occur. If the Contractor fails to respond within two hours, the City will, at its sole discretion, correct the urgent situation and may back - charge the Contractor. 2.9.2 Complaints The Contractor shall investigate all City referred complaints within twenty -four 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. Page 12 Specifications for Storm Drain Cleaning — April 2012 2.9.3 Deficiencies All work deficiencies of Contractor shall be corrected within five days of oral or written notification from the City unless noted otherwise in these Specifications. Should the scheduled work activity frequencies be less than five days, the schedule of work to be performed shall take precedent and the notice of non- conformance repair reduced accordingly. Written notification may be e- mailed, 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. 2.9.4 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. 2.10 INSPECTIONS & REPORTING 2.10.1 City Inspections The City will periodically inspect conditions of City storm drains cleaned by the Contractor. The conditions of the storm drains shall be measured based on these Specifications and City staff judgment. The City may develop and/or use methods, procedures, tools, equipment, or training to help inspect and document landscaping conditions and/or Contractor performance. The City is willing to share information on the inspection program with the Contractor as it is developed further. Any input from the Contractor that will save the City money and provide a better service to the community is welcomed. 2.10.2 Periodic Reporting The Contractor shall provide reports as indicated in these Specifications. The Contractor shall provide self - inspections and/or records of work it performs depicted in these Specifications for each period invoiced. At a minimum, the Contractor shall provide a daily manifest of the following information: Page 13 Specifications for Storm Drain Cleaning — April 2012 • Date and start/stop time work was performed • Type of work performed • Contractor's employee • Exact location of structure and/or Structure ID number • If Traffic Control was required • Approximate quantity of solids removed • Approximate quantity of liquids removed • Approximate quantity of absorbent material added (if req'd) 2.10.3 Annual report The Contractor shall submit an annual report by November 15 each year that gives: • An overview of Contractor accomplishments for the year • Any recommendations for changes to Specifications that adds value to the City. Page 14 Specifications for Storm Drain Cleaning — April 2012 (This Page Intentionally Left Blank) Page 15 Specifications for Storm Drain Cleaning — April 2012 3 WORK SPECIFICATIONS This Chapter describes the field Work to be performed by the Contractor including standards, schedule, quantity, location, measurement and payment. 3.1 STRUCTURE CLEANING 3.1.1 Standard The Contractor shall clean drywells (single and double depth), underground vaults, catch basins, concrete inlets (catchbasins without the sump), and swales /ditches, of debris, sediment and miscellaneous obstructions. Structures will be jetted until all mud and debris are removed from the structure sides and bottom. No more than % inch of debris shall be left at the bottom of the structure, including roots which shall be removed after cutting. Contractor shall note large debris or construction debris left in structures on daily reports. Inlet and outlet pipes connected to the structure shall also be jetted. Vegetation and debris from the grate and surrounding asphalt shall also be removed. For drywells, slots or fins shall be cleaned or jetted out such that the drain rock shall be visible through the barrel slots. Contractor shall report if drain rock is not visible due to filter fabric covering barrel slots. Typically, the depth of single depth and double depth drywells is per City of Spokane Valley Standard Plans S -101 and S -102. City Standard Street Drawings can be found at: http• / /www spokanevalley or filestorage /124/938/210/948 /1162 /1437 /Street TO C.pdf . Older structures may vary slightly from these standards in depth and barrel geometry. Generally, catchbasins and concrete inlets are per City of Spokane Valley Standard Plans S -112 through S -114. Depth variations should be expected. Some catcbasins have a tee attached to the outlet pipe, the Contractor shall use hose connections of smaller diameter as necessary to clean inside of the catchbasin and tee and may be required to remove and reinstall the tee to adequately clean the outlet pipe. Curb and sidewalk inlets are typically per City of Spokane Valley Standard Plans S -110 and S -111. 3.1.2 Schedule, Quantity & Location The City owns four stormwater pump stations. The pump stations shall be cleaned at least once annually. The dimensions and number of vaults at each location varies, however the Contractor shall have hose and equipment that can reach at least 200 -feet. The Contractor operators and labor shall be required to Page 16 Specifications for Storm Drain Cleaning — April 20.12 enter confined spaces and therefore Contractor personnel shall have confined space training and certification. The pump station systems are located: • West of the Sprague Avenue and Argonne Road intersection; • South of the intersection of Trent Avenue and Argonne Road; • East of the intersection of Sprague Avenue and McDonald intersection; and, • South of the intersection of Sprague Avenue and Best Road. For all other structures, the City will generate maps showing the number and locations of structures that need cleaning and give the Contractor the priority or order that work shall proceed. The Contractor shall give at least 10 working days notice to the City prior to completion of the work list(s) assigned so that City personnel may prepare additional locations and priority of work for the Contractor as needed. The Contractor will only be allowed to work on the City system with one eductor type truck at any one time unless authorized or directed by the City. 3.1.3 Measurement & Payment "Structure Cleaning" and "Laborer" shall be measured each by the hour. "Structure Cleaning" shall include costs for cleaning storm drain structures per this specification. The hourly rate shall include all direct and indirect costs such as fuel, water fees, labor for (1) operator, equipment, and all related costs associated with running and maintaining the equipment, etc. No additional compensation will be paid for this incidental work. "Laborer" shall include all costs direct and indirect to supply (1) laborer that is confined space certified and trained to work at pump station locations and other locations as approved or directed by the City. No additional compensation will be paid for this incidental work. 3.2 TRAFFIC CONTROL WITH FLAGGING 3.2.1 Standard The Contractor shall be responsible to provide flagging staff/ traffic control in conformance with these specifications for those locations requiring it. The Contractor shall ensure all applicable local, state, and federal laws are met. The Contractor is responsible to schedule structure cleaning activities to minimize traffic disturbance. Storm drain cleaning activity must follow the traffic control guidelines in Part 6 of the Manual on Uniform Traffic Control Devices ( MUTCD). The most recently State of Washington adopted MUTCD shall be used. For all work on collectors and arterials less than 60 minutes of duration requires short duration traffic control. Per current MUTCD guidance, this will require Page 17 Specifications for Storm Drain Cleaning — April 2012 appropriate signage, channelizing devices (traffic cones), another vehicle in addition to the catch basin cleaning unit, PCMS and/or arrow panel, and a spotter /flagger. See WSDOT Work Zone Traffic Control Guidelines M54- 44.02, TCP 15, "Typical Short Duration Lane Closure" for an example of what may be required. For all arterials, the Contractor shall keep at least one lane in each direction of travel open to traffic at all times. However, if a street must be completely closed for proper storm drain cleaning operations, prior approval shall be obtained from the City. Application for a street closure with a traffic control plan shall be made at least seven days prior to the street closure. If traffic is to be detoured, detour plans must be submitted and approved by the City prior to starting work. Police, Fire, Spokane Transit Authority, and other applicable departments shall be notified at least 24 hours in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic. All collector and minor arterial traffic lanes shall have a minimum width of 10 feet unless otherwise specified. All principal arterial traffic lanes shall have a minimum width of 11 feet unless otherwise specified. In addition to the lane width specified herein, the Contractor shall maintain clearance of two feet to curbs, barricades, and other vertical obstructions. All streets where work is in progress shall be kept open and in passable condition for emergency vehicles at all times. Maintain access to businesses. All streets outside the work area shall be open at all times. Lane closures will generally be limited to 9:00 a.m. to 3:00 p.m. At the end of each work day, all components of the traffic control system shall be removed from the traveled way, shoulder, and auxiliary lanes. If the Contractor so elects, said components may be temporarily stored at selected central locations approved by the City within the limits of the City right -of -way. 3.2.2 Measurement & Payment Measurement for "Traffic Control w/Flagging" shall be by the hour. Payment for "Traffic Control w/Flagging" shall be full compensation and shall include all direct and indirect costs to safely and efficiently perform the work in these specifications. No additional compensation will be paid for any incidental work. 3.3 ABSORB LIQUID HOLD 3.3.1 Standard The Contractor is not allowed to dispose liquids associated with dewatering operations into drywells or other drainage structures. The current approved method for managing liquids collected in eductor trucks is to add dry wood pellets to the truck as structure cleaning occurs, such that it Page 18 Specifications for Storm Drain Cleaning — April 2012 absorbs the liquids and becomes solidified sufficiently to pass the "paint filter test" at the Graham Road waste disposal facility. This requires the contractor to transport and supply a sufficient amount of pellets for the work throughout the day and at the end of the day. Wood pellets or other approved method(s) may take time to absorb liquids and it may require the eductor truck to sit idle. The currently approved method will change when the City is approved to dispose at a regulated decant facility and this item will no longer be required. 3.3.2 Measurement & Payment "Absorb Liquid Hold" will be measured per each truck loaded. "Absorbent Material" will be measured by the ton. Payment for "Absorb Liquid Hold" will include all labor to transport absorbent materials to the job site, add materials to the eductor truck as needed, and for the hold time required for pellets to absorb liquids to meet the "paint filter test ". It shall include all time that the eductor truck sits idle while the pellets absorb liquids. The Contractor shall provide sufficient resources, materials, and equipment to perform the assigned labor for the day. No compensation shall be given to make additional trips for materials when it could be adequately dealt with before starting work for the day in the City. Payment for "Absorbent Material" shall be made at cost plus 20 %. The contractor shall supply invoices for materials purchased for the City within the previous 30 days under this contract for reimbursement. 3.4 DEBRIS TRANSFER 3.4.1 Standard When the eductor truck is full or as otherwise directed by the City, the Contractor shall be transport the structure cleaning debris to an approved location. The current approved location for the City to dispose of solid debris is operated by Waste Management - Graham Road Landfill and is located at 1820 S. Graham Road, Medical Lake, WA 99022. The City has maintained an open account with Waste Management. Landfill fees will be paid by the City directly to the landfill. Immediate return trips from the approved disposal location back to the City shall be paid under this unit price rate when the Contractor is working continuously for the City. No payment will be allowed for return trips to other than the City or for routes not approved by the City. An alternate disposal location may be identified in the future. At that time, a different handling/transporting cost may be negotiated. Page 19 Specifications for Storm Drain Cleaning — April 2012 The Contractor may propose an alternate disposal location or mechanism. All suggestions will be considered assuming they meet all local, state, and federal requirements. 3.4.2 Measurement & Payment "Debris Transport" shall be measured each by the hour. "Debris Transport" shall include costs for transporting debris from the City to an approved site per this specification. The hourly rate shall include all direct and indirect costs such as fuel, water fees, labor for (1) operator, equipment, and all related costs associated with running and maintaining the equipment, etc. No additional compensation will be paid for this incidental work. Page 20 Specifications for Storm Drain Cleaning — April 2012 (This Page Intentionally Left Blank) Page 21 SVPW # 12.003 — Attachment D, Part 1 PRICE PROPOSAL 2072 STORM DRAIN CLEANING SERVICES Having carefully examined the Request for Proposal and Specifications, the undersigned proposes to furnish Storm Drain Cleaning Services acid meet all other terms and conditions of this Request for Proposals and referenced Specifications within (30) days of full execution of such Agreement for unit price amounts set forth below. Task/Item Est. Unit Unit Price Annual Bid Structure Cleaning Laborer Traffic Control w/Flagging Absorb Liquid Hold Absorbent Material Debris Transfer 700 20 250 150 60 250 Hours Hours Hours Each Tons Hours 169.00 57.00 69.00 47.00 $175.00 143.00 Total Annual Bid: $ 118,300 $ 1,140 $ 17,250 $ 7,050 $ 10, 500 $ 35,750 $189,990 The undersigned individual represents and warrants that he or she is duly authorized to execute the bid on behalf of any partnership, joint venture or corporation. Company Name: AAA Sweeping, LLC Street Address: PO Box 624 City, state, &Zip Code: Veradale, WA 99037 Signature: Printed Name &Title: nett Sargent, Managing Member 509 -922 -1363 Phone Number: Email Address: mail @aaasweeping.com Date: 4/19/12 . 193565 DATE (MM /DD /YYYY) A►�o�zo CERTIFICATE OF LIABILITY INSURANCE �- 5!3/2012 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kris Diehl NAME: _ Commercial Lines - (509) 358 -3800 PHO NE 509 - 358 -3817 FAX 509 - 358 -3937 A!C No Exl : _ (A /C,�: _ Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408 E -MAIL kris.diehl wellsfar o.com ADDRESS: _ g 601 West Main Street, Suite 1400 INSURER(S) AFFORDING COVERAGE NAIC # Spokane, WA 99201 -0635 _ INSURER A: Continental Western Insurance Company I 10804 INSURED INSURER B: AAA Sweeping LLC INSURER C : PO Box 624 INSURER D Veradale, WA 99037 INSURER E COVFRAGFS CERTIFICATE NUMBER: 4289130 REVISION NUMBER: See helow THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE rDDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM /DD/YYYY MM /DD /YYYY A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CWP2895788 10/19/11 10/19/12 EACH OCCURRENCE DAMAGE To RENTED -- PREMISES (Ea occurrence) $ 1.000,000 — - - -- -- $ 100,000 CLAIMS -MADE 1 OCCUR MED EXP (Any one person) $ X WA STOP GAP PERSONAL & ADV INJURY _5,000 $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 GEN'LL AGGREGATE LIMIT APPLIES PER: PRO n LOG JECT PRODUCTS - COMP /OP AGG $ 2,000,000 I I $ A AUTOMOBILE LIABILITY CWP2895788 10/19/11 10/19/12 (CO, aMBINEccde n D SINGLE LIMIT Et $ _ 1.000,000 BODILY INJURY (Per person) X ANY AUTO $ ALL OWNED r— SCHEDULED BODILY INJURY (Per accident) I $ AUTOS AUTOS _ _ NON -OWNED X HIRED AUTOS X AUTOS PROPERTY DAMAGE IPer accident) $ A UMBRELLA LAB l X OCCUR I CU2895790 10/19/11 10/19/12 1 EACH OCCURRENCE $ 10.000,000 EXCESS LIAB I CLAIMS -MADE AGGREGATE $ 10.000,000 DED X RETENTION $ 10,000 I I I $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A CWP2895788 STOP GAP ONLY STATE OF WA 10/19/11 I WC STATU- �OTH -1 10/19/12 r.- _: TORY - LIMITS _ . ER �E1. EACH ACCIDENT - -- I E.L. DISEASE - FA FMPLOYEd — I E.L. DISEASE - POLICY LIMIT I ____ -_ _ $ 1.000.000 - -- - -- - $ 1.000.000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AS RESPECTS: 12 -003 STORM DRAIN CLEANING SERVICE. THE CITY OF SPOKANE VALLEY SHALL BE LISTED AS ADDITIONAL INSURED AS GRANTED BY THE POLICY, WAIVER OF SUBROGATION UNCLUDED. FORMS ATTACHED. CERTIFICATE HOLDER CANCELLATION CITY OF THE SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 11707 E SPRAGUE AVE, STE 106 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. SPOKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE } } }/// /�� ',��AO.�w.» The ACORD name and logo are registered marks of ACORD © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. "DL'ITION A L I110%J a=%L- — %.0 "oERS, LESSEES Off: CONTRACTORS — COMPLETED OPERATIONS AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury" and "property damage" caused, in whole or in part, by y our work at locations specified in the written contract or agreement and included in the pro ducts - completed operations hazard. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury" or "property damage" that occurs prior to the execution of, or subsequent to the expiration of, the contract or agreement in which you agreed that such person or organization be added as an additional insured on your policy. CL CG 20 14 01 07 Includes copyrighted material of Insurance Services Page 1 of 1 Offices, Inc., with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. !CllA1TM A!` I WIDG�'� COMMERCIAL OE" 'qERA` i_iAR1L_1 I vim r o�w i n0 vv� �� ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I — COVERAGE C MEDICAL PAY- MENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREM- ISES YOU RENT If damage to premises rented to you under Cov- erage A. is not otherwise excluded from this pol- icy, the following applies: 1. The last paragraph of SECTION I — COV- ERAGE A.2. Exclusions is deleted and re- placed by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprin- kler leakage to premises while rented to your or temporarily occupied by you with permis- sion of the owner. A separate limit of insur- ance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to 5. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declara- tions; is the most we will pay under COVER- AGE A for damages because of prop- erty damage to any one premises, while rented to you, or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, ex- plosion or sprinkler leakage incident. 3. Paragraph 4.b.(1)(b) Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and re- placed by the following: (b) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for prem- ises rented to you or temporarily occu- pied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V — DEFINI- TIONS is deleted and replaced by the follow- ing: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an i n- sured contract; C. NON -OWNED WATERCRAFT Paragraph g.(2) of SECTION I — COVER- AGE A.2. Exclusions is deleted and re- placed by the following: A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as fol- lows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS The following is added to Paragraph 2. of SEC- TION II - WHO IS AN INSURED: e. Any person or organization described in paragraph f. below, whom you and such per- son or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional in- sured on your policy. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc., with its permission Such person or organization is an insured (c) The ownership, maintenance, or use provided: of any elevators. (1) The written or oral contract or agree- F. ADDITIONAL INSURED — OWNERS, LESSEES ment is: OR CONTRACTORS — AUTOMATIC STATUS (a) Currently in effect or becomes effec- 1. SECTION II — WHO IS AN INSURED is tive during the policy period; and amended to include as an additional insured (b) Executed prior to an occurrence or any person or organization for whom you are offense to which this insurance performing operations when you and such would apply. person or organization have agreed in writ- ing in a contract or agreement that such per - (2) They are not specifically designated as son or organization be added as an addi- an additional insured under any other tional insured on your policy. Such person or provision of, or endorsement added to, organization is an additional insured only this policy. with respect to liability for "bodily injury", f. Only the following persons or organizations "property damage" or "personal and adver- tising injury" caused, in whole or in part, by: are additional insureds under this endorse- ment, and coverage provided to such addi- a. Your acts or omissions; or tional insureds is limited as provided herein: b. The acts or omissions of those acting on (1) The manager or lessor of a premise your behalf; leased to you, but only with respect to li- ability arising from the ownership, main- in the performance of your ongoing opera - tenance or use of that part of the prem- tions for the additional insured. ises leased to you and subject to the fol- A person's or organization's status as an ad- lowing additional exclusions: ditional insured under this policy ends when This insurance does not apply to: your operations for that additional insured are completed. (a) Any "occurrence" which takes place after you cease to be a tenant of that 2. With respect to the insurance afforded to premises. these additional insureds, the following addi- tional exclusions apply: (b) Structural alterations, new construc- tion or demolition operations per- This insurance does not apply to: formed by or on behalf of the man- a. "Bodily injury ", "property damage" or ager or lessor. "personal and advertising injury" arising (2) Any person or organization from whom out of the rendering of, or the failure to you lease equipment, but only with re- render, any professional architectural, spect to liability for "bodily injury ", "prop- engineering or surveying services, in- erty damage" or "personal and advertis- cluding: ing injury" caused, in whole or in part, by your maintenance, operation or use of (1) The preparing, approving, or failing equipment leased to you by such per- to prepare or approve, maps, shop son(s) or organization(s). drawings, opinions, reports, surveys, field orders, change orders or draw - However, this insurance does not apply ings and specifications; or to any "occurrence" which takes place after the equipment lease expires. (2) Supervisory, inspection, architec- tural or engineering activities. (3) Any state or political subdivision, subject to the following additional provision: b. "Bodily injury" or "property damage" occurring after: This insurance applies only with respect to the following hazards for which the (1) All work, including materials, parts state or political subdivision has issued a or equipment furnished in connec- permit in connection with premises you tion with such work, on the project own, rent, or control and to which this in- (other than service, maintenance or surance applies: repairs) to be performed by or on (a) The existence, maintenance, repair, behalf of the additional insured(s) at construction, erection, or removal of the location of the covered opera - tions has been completed; or advertising signs, awnings, cano- pies, cellar entrances, coal holes, (2) That portion of "your work" out of driveways, manholes, marquees, which the injury or damage arises hoist away openings, sidewalk has been put to its intended use by vaults, street banners, or decora- any person or organization other tions and similar exposures; or than another contractor or subcon- (b) The construction, erection, or re- tractor engaged in performing op- erations for a principal as a part of moval of elevators; or the same project. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc., with its permission 3. The insurance provided by this endorsement is primary insurance and we will not seek contribution under any insurance policy un- der which such additional insured is a named insured, if such policy was procured and paid for by such additional insured, or a parent or related entity of such additional in- sured. 4. With respect to the insurance afforded to these additional insureds, SECTION III — LIMITS OF INSURANCE is amended as fol- lows: The limits applicable to the additional in- sured are those specified in the written con- tract or agreement or the limits stated in the Declarations, whichever is less. If no limits are specified in the written contract or agreement, the limits applicable to the addi- tional insured are those specified in the Dec- larations. The limits of insurance are inclu- sive of and not in addition to the limits of in- surance shown in the Declarations. G. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVER- AGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to per- form operations at the time of loss. 2. SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one occur- rence for property damage to borrowed equipment is $15,000. This limit of insur- ance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or sui is brought; or c. Persons or organizations making claims or bringing sui ts. 3. Deductible Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as appli- cable to property damage as the result of any one occurrence, regardless of the number of persons or organizations who sustain damages because of that occurrence. c. We may pay any part or all of the de- ductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the de- ductible amount as we have paid. H. BROADENED NAMED INSURED Paragraph 3. of SECTION II - WHO IS AN IN- SURED is deleted and replaced by the following: Any organization, other than a joint venture, over which you maintain ownership or majority inter- est of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily in- jury" or "property damage" that occurred be- fore you acquired or formed the organiza- tion. c. COVERAGE B does not apply to "personal and advertising injury' arising out of an of- fense committed before you acquired or formed the organization. I. CONSTRUCTION PROJECT GENERAL AG- GREGATE LIMIT For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: a. A Single Construction Project General Aggregate Limit applies to each con- struction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COV- ERAGE A, except damages because of bodi ly injury or property damage in- cluded in the products -com pleted op- erations hazard, and for medical ex- penses under COVERAGE C regardless of the number of: b. The terms of this insurance, including (1) Insureds; those with respect to our right and duty (2) Claims made or sui is brought; or to defend the insured against any sui is (3) Persons or organizations making seeking those damages; and your duties claims or bringing sui ts. in the event of an occurrence, claim, or sui t apply irrespective of the application of the deductible amount. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc., with its permission Any payments made under =OVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Ag- gregate Limit for that construction pro- ject away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construc- tion Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single desig- nated construction project away from prem- ises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Construction Project General Ag- gregate Limit. 3. When coverage for liability arising out of the products -com pleted operations hazard is provided, any payments for damages be- cause of bodi ly injury or property damage included in the products -com pleted opera- tions hazard will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Ag- gregate Limit. 4. If the applicable construction project away from premises owned by or rented to the in- sured has been abandoned, delayed, or abandoned and then restarted, or if the au- thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. J. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. A report of an 'occurrence ", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the occurrence, offense, claim, or sui t as soon as practi cable. We are considered on notice of an occurrence, offense, claim or sui t that is reported to your Workers Compensation insurer for an event which later develops into an occurrence, offense, claim or sui t for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers Compensation policy. K. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Repre- sentations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any ex- posures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional pre- mium or exercise our right of cancellation or non - renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. L. MENTAL ANGUISH Paragraph 3. of SECTION V — DEFINITIONS is deleted and replaced by the following: 3. B odily injury means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. M. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc., with its permission We �,Ajaive_ any right of recovery we may have be- cause of payments we make for injury or dam- age arising out of your ongoing operations or y our work done under a contract requiring such Waiver vviih that person or organization and in- cluded in the products -com pleted operations hazard. However, our rights may only be waived prior to the occurrence giving rise to the injury or dam- age for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our request, the in- sured will bring sui t or transfer those rights to us and help us enforce those rights. N. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I — Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property dam- age" arising out of the actual, al- leged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way re- spond to, or assess the ef- fects of, "pollutants "; or (b) At or from a storage tank or other container, ducts or piping which is below or par- tially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the ac- tual, alleged or threatened discharge, dispersal, seep- age, migration, release or escape of "pollutants" arises at or from any premises, site or location which any in- sured or any contractors or subcontractors working di- rectly or indirectly on any in- sured's behalf are perform- ing operations if the "pollut- ants" are brought on or to the premises, site or loca- tion in connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ". (2) Any loss, cost or expense aris- ing out of any: (a) Request, demand, order or statutory or regulatory re- quirement issued or made pursuant to any environ- mental protection or envi- ronmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way respond to, or assess the effects of, "pollutants "; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, con- taining, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of, "pollutants ". However, this paragraph does not apply to liability for those sums the insured becomes le- gally obligated to pay as dam- ages because of "property dam- age" that the insured would have in the absence of such re- quest, demand, order or statu- tory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental author- ity. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants ": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section III) does not apply. c. Paragraph 1. of Section III — Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds; CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc., with its permission (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits ". d. The foliowincl are added to Section iii — Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Cover- age C because of "bodily injury" or "prop- erty damage" arising out of the ac- tual, alleged or threatened dis- charge, dispersal, seepage, migra- tion, release or escape of "pollut- ants" is $100,000. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medi- cal expenses because of "bodily in- jury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants ". O. OTHER INSURANCE If this policy includes a Coverage Form or an Endorsement which provides coverage for loss or damage covered by one or more of the Ex- tensions of this endorsement, the limit and the coverage provided by this endorsement are de- leted and replaced by the limit and coverage provided by that Coverage Form or Endorse- ment. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc., with its permission Y galley BOND NO: 105768663 First Contract Term 5/11/2012 - 12/31/2012 CONTRACTOR'S PERFORMANCE AND PAYMENT BOND TO DUAL OBLIGEES KNOW ALLMEN BY THESE PRESENTS, that AAA Sweeping, LLC (Contractor), as Principal, and Travelers Casualty and Surety Company of America (Bonding Company), as Surety, a Corporation of CT . whose principal office is located at707 W. Main Street, Suite 300 Spokane, WA 99201 ' am firmly bound unto the State of Washington and the City of Spokane Valley, a political subdivision the State of Washington, as Obligees, to fulfill the obligations of the Principal and the Surety under the Contract to which reference is hereafter made, in the amount of $ 189,990.00 (including Washington State sales tax) for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal has by written Proposal dated April 19, 2012 offered to enter into a Contract with the City of Spokane Valley for Contract No. #12 -003 pursuant to the terms and conditions set forth in the Contract Documents dated May 11, 2012 (Storm Drain Cleaning Services) NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform all the provisions of the Contract on its part, and pay all laborers, mechanics, subcontractors and material suppliers, and all persons who supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and indemnify and hold harmless the Obligees from all loss, cost or damage which it may suffer by reason of the failure to do any of the foregoing, then this obligation shall be null and void; otherwise it shall remain in full force and effect Ali persons who have famished labor, materials or supplies for use in and about the work provided for in the Contract shall have a direct right of action under this bond, to the extent and in the manner set forth in RCW 39.08. The said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition td the terms of the Contract or to the WORK to be performed 'thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS. No final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED THIS 11 th DAY OF May YEAR 2012 Travelers Casualty and Surety Company of America AAA Sweeping, LLC SLTHVY PRINCIPAL B : B.y.: e Signature Kathy Gurley r e� ... Ci r C c, 74 Typed Name Typed Name v Attorney -in -F act c :,c Pz. drv- - Title (Title (S A T ) TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 105768663 OR Project Description: Storm Drain Cleaning Services St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: AAA Sweeping, LLC Obligee: State of Washington and the City of Spokane Valley KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Kathy Gurley of the City of Spokane , State of WA , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of April, 2011. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G1.5 Uw< `N' "tt y. M^_�P ��,•i I+j.G J'��M�y�� iv µq. �}1W4) �'�.7 �- �4 }.. I.�'�e }�� S * f °is. xw'at• °�s • `' •' • r + f:° 1uN� State of Connecticut p By: City of Hartford ss. George w,5-4fiompson,<seWor vice President On this the 25th day of April, 2011, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. g�e•T� My Commission expires the 30th day of June, 2016. *�' C �S Marie C. Tetreault, Notary Public V This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 11th day of May ! 2012 Kevin E. Hughes, Assistant Secretary �5u iTFA y1L i.r ��NiYI'r•w• rte► 1982 o V i M�wr%oflq �NtarscyG � To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attoraey-In -Fact number, the above -named individuals and the details of the bond to which the power is attached. REQUEST FOR PROPOSALS SVPW 12 -003 STORM DRAIN CLEANING SERVICES AMENDED NOTICE CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT Notice is hereby given that the City of Spokane Valley, Washington will accept sealed bid proposals for Storm Drain Cleaning Services from responsible contractors(s). The work includes the regular and as- needed cleaning of culverts, pipes, vaults, drywells, catch basins, inlets, and other storm - water facilities. The Contractor will be required to supply an Eductor- equipped truck contin- uously and full -time during non- freezing weather for approxi- mately six months and associated traffic control for arterial streets as required. Collected debris will be transported and disposed of by the Contractor to locations as directed by the City. The esti- mated probable cost for this work in.2012 is $200,000. Copies of the Request for Proposal (RFP) including instructions, scope of services, contract provisions and specifi- cations can be obtained at the City of Spokane Valley Public Works Department office located at 11707 East Sprague Avenue, Suite 304., Spokane Valley, Washington 99206, Monday through Friday from 8:00 a.m. to 5:00 p.m. Bid proposals must be submitted in sealed envelopes marked as indicated in the RFP and addressed to the City Clerk, Spokane Valley City Hall, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, and received no later than 3:00 pm PDT Thursday April 19. 2012 (note correction of due date previously advertised as Monday, April 16, 2012). Bid proposals will be opened and publicly read immediately after the due date and time in the City Hall Council Chambers. All bid proposals must be accompanied by a deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent (5 %) of the amount of the. price proposal. The successful bidder will be required to provide a performance bond for the entire work prior to entering into a contract with the City and will be required to pay prevailing wages for the work to be performed. The City retains the right to reject any and all bids and to waive minor irregularities in the solicitation process. Christine Bainbridge, MMC Spokane Valley City Clerk (509) 720 -5102 Publish: April 13, 2012 SR24292 *Federal Tax ID No. 68- 0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane} ss Name: City of Spokane Valley Client ID PO No. SR24292 42365 No. Lines: 81 Total Cost: $345.51 ' Order No. 80355 I, Lori Nix do solemnly swear that I am the Principal Clerk of The Spokesman- Review, a newspaper established and regularly published, once each day in the English language, in and of general circulation in the City of Spokane County, Washington; and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper has been so established and regularly published and has had said general circulation continuously for more than six (6) months prior to the 23rd day of July, 1941; that said newspaper is printed in an office maintained at its place of publication in the City of Spokane, Washington; that said newspaper was approved and designated as a legal newspaper by order of the Superior Court of the State of Washington for Spokane County on the 23rd day of July, 1941, and that said order has not been revoked and is in full force and effect; that the notice attached hereto and which is a part of the proof of publication, was published in said newspaper one time(s), the publication having been made once each time on the following dates: April 13, 2012 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was published in the newspaper ppper and not in a supplement. Subscribed and sworn to before me at the City of Spokane, this 13th day of April 2012. �Loklcl) A/ No ary Public in and for the State of Washington, residing at Spokane County, Washington V�\\ L. V i ryC 'O Sl ON c N< TARIK m — • _ W (A I'U13LIC d, f8 R OF1A ACn'�.r�� Notary Stam Paper Affidavits SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: REQUEST FOR PROPOSALS No. Amended Notice City of Spokane Valley / SVPW 12 -003 ) Storm Drain Cleaning Services AFFIDAVIT OF PUBLISHING NOTICE STATE OF WASHINGTON ) )SS. County of Spokane ) MICHAEL HUFFMAN , being first duly sworn on oath deposes and says that he is thejlDrjQR, of The Spokane Valley NewsHerald, a weeklynewspaper. Thatsaid newspaperis a legal newspaper and itisnow and hasbeenfor more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular issues commencingonthe13thddayof April. 2012 and ending the 13th daygi Ai2ril, 2Q12zaUdates indl 6, and that such newspaper was regularly distributed to its subscribers during all of said period. V REQUEST FOR PROPOSALS 7 7 SVPW 12-003 STORM DRAIN CLEANING SERVICES SUS CRI$E a ORN to before me AMENDfDI{OS10E L L CITY OF SPOKANE VALLEY t1 LLS 13tH da� Of Aprll, 212. PUBLIC WORKS DEPARTMENT Notice is hereby given that the City of Spokane ,, I I I I I // State of Washington Valley, Washington will accept sealed bid pro- II %/ b` posais for Storm Drain Cleaning Services from li County of Spokane responsilble contrectors(s). The work includes `G RAE the regular and as- needed cleaning of culverts, k ••••.,• -�� /� pipes, vaults, drywalls, catch basins, inlets, and SStoN FXa •� ��i I certify that I know or have satisfactory evidence that other sires to ter facilities. The Contractor will �� i . 1 Michael Huffman is the person who appeared before be required to supply an Eductor- equipped truck 9�� \ i p continuously and full -time during non - freezing 'o N ; C— :me, and said person acknowledged that he signed weatherfor approximately six months and associ- C.1 • p g ated traffic control for arterial streets as required. NOTARY =this instrument and acknowledged it to be his free Collecteddebris will be transported and disposed =and voluntary ct for the uses and purposes men - of by the Contractor to locations as directed by PUBLIC / 2 y P'P the City. The estimated probable cost for this Zthoned m the mStrurrient, work in 2012 is $200,000. : 0 w Copies of the Request for Proposal (RFP) in- A �• • A cluding instructions, scope of services, contract • • S. .6.15 •••�� \\ __ provisions and specification. can be 'obtained .•• \ \\ ' at the City of Spckane Valley Public Works De- O!� A S`�` ` \\ Jolene Rae eiytz office located at Ave ue,tSuite304, Spokane Valley, Washington /// //^^ f'��7,,` 99206, Monday through Friday from 8:00 a.m. I I I I I I I Title: Not 'y Public to 5:oo P.M. M a oin el expires: 5 -16 -15 Bid proposals must be submitt ed in sealed y 1�P p envelopes marked as indicated in the RFP and addressed to the City Clerk, Spokane Valley City Hall, 11707 E. Sprague Avenue, Suite 106, Spo- kane Valley, Washington, 99206, and received no later than 3:00 pm PDT, Thursday April 19, 2012 (note correction of due date – pnwi- ously advertisetl as Monday, April 16, 2012). Bid proposals will be opened and publicly read immediately after the due date and time in the City Hall Council Chambers. All bid proposals must be accompanied by a deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check In an amount equal to five percent (5 %) of the amount of the price prciposal. The successful bidder will be required to provide a performance bond for the entire work prior to entering into a contract with the City and will be required to pay prevailing wages for the work to be performed. The City retains the right to reject any and all bids and to waive minor irregularities in the solicitation process. Christine Bainbridge, MMC Spokane Valley City Clerk (509) 720-51 02 Publish: April 13, 2012 4/13 REQUEST FOR PROPOSALS SVPW 12 -003 STORM DRAIN CLEANING SERVICES CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT Notice is hereby given that the City of Spokane Valley, Washington will accept sealed bid proposals for Storm Drain Cleaning Services from responsible contractors(s). The work includes the regular and as- needed cleaning of culverts, pipes, vaults, drywells, catch basins, inlets, and other stormwater facilities. The Con- tractor will be required to supply an Eductor- equipped truck continuously and full -time during non - freezing weather for approximately six months and associated traffic control for arterial streets as required. Collected debris will be transported and disposed of by the Contractor to locations as directed by the City. The estimated probable cost for this work in 2012 is $200,000. Copies of the Request for Proposal (RFP) including instructions, scope of services, contract provisions and specifications can be obtained at the City of Spokane Valley Public Works Department office located at 11707 East Sprague Avenue, Suite 304, Spokane Valley, Washington 99206, Monday through Friday from 8:00 a.m. to 5:00 p.m. Bid proposals must be submitted in sealed envelopes marked as indicated in the RFP and addressed to the City Clerk, Spokane Valley City Hall, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, and received no later than 9.00 am PDT Monday April 16, 2012. Bid proposals will be opened and. publicly read immediately after the due date and time in the City Hall Council Chambers. All bid proposals must be accompanied by a deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent (5 %) of the amount of the price proposal. The successful bidder will be required to provide a performance bond for the entire work prior to entering into a contract with the City and will be required to pay prevailing wages for the work to be performed. The City retains the right to reject any and all bids and to waive minor irregularities in the solicitation process. Christine Bainbridge, MMC Spokane Valley City Clerk (509) 720 -5102 Publish: April 6 & 13, 2012 SR24260 *Federal Tax ID No. 68- 0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane} ss Name: City of Spokane Valley Client ID: 42365 PO No. SR24260 Total Cost: $337.09 No. Lines: 79 Order No. 79730 I, Lori Nix do solemnly swear that I am the Principal Clerk of The Spokesman- Review, a newspaper established and regularly published, once each day in the English language, in and of general circulation in the City of Spokane County, Washington; and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper has been so established and regularly published and has had said general circulation continuously for more than six (6) months prior to the 23rd day of July, 1941; that said newspaper is printed in an office maintained at its place of publication in the City of Spokane, Washington; that said newspaper was approved and designated as a legal newspaper by order of the Superior Court of the State of Washington for Spokane County on the 23rd day of July, 1941, and that said order has not been revoked and is in full force and effect; that the notice attached hereto and which is a part of the proof of publication, was published in said newspaper one time(s), the publication having been made once each time on the following dates: April 13, 2012 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was published in the newspaper proper and not in a supplement. Subscribed and sworn to before me at the City of Spokane, this 13th day of April 2012. wk-,L2 `i e L i i �Iotary Public in and for the State of Washington, residing at Spokane County, Washington \LN SION NOTARY 9m — _ Ln U> P(J13LIC �ER �F Minc� \t`� Notary Stamp Paper Affidavits SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: REQUEST FOR PROPOSALS No. SVPW 12 -003 Storm Drain Cleaning Services ) City of Spokane Valley AFFIDAVIT OF PUBLISHING Public Works Department NOTICE STATE OF WASHINGTON ) )SS. County of Spokane ) MICHAEL HUFFMAN , being fast duly sworn on oath deposes and says that he is the EDITOR , of The Spokane ValleyNews Herald,a weeklynewspaper. Thatsaid newspaper is a legal newspaperand itis now and hasbeen for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular issues commencing on the 6th day of April, 2012 and ending the 6th da f A oil es incl 'd , an -that such newspaper was regularly distributed to its subscribers during all of said period. -- REQUEST FOR PROPOSALS SVPW 12 -003 STORM DRAIN CLEANING SERVICES -§ U CRIBED and RN to before me CRY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT this 6th da f oil 2012. Notice is hereby given that the City of Spokane valley, Washington will accept sealed bid ces pro- posals Washington for Storm Drain Cleaning Servi from , 1 (� �/ responsible conlractors(s). The work includes i�� / //� County of Spokane the regular and as- needed cleaning of culverts, A E ,w, / pipes, vaults, drywells, vetch basins, inlets, and ry�A- other stormwater facilities. The Contractor will . SON E,& 'Y �i Icert, certify that I know or have satisfactory evidence that be required to supply an Eductorequippad truck �e�5 / `4r ry continuouslyandfull -time during non- freezing �l 9�. Michael Huffman is the person who appeared before weatherforapproximatetysix months and assod- tr v 'P. :ate, and said person acknowledged that he signed ated traffic control for aderlal streets as required. I OTAR i Collected debris will be transported and disposed `( 2-is instrument and acknowledged it to be his free of by the Contractor to locations as directed by the City. The estimated probable wstforthis work PUBLIC ; Z -and voluntary act for the uses and purposes men - in 2012 is $200,000. : O -toned in the instrument. Copies of the Request for Proposal (RFP) in- ` cluding instructions, scope of services, wntract .' provisions and specifications can be obtained •.• yj .• ` �� (/ t the City of Spokane Valley Public Works De- ........ • \�+`�� - 'E_c_ partment office located at 11707 East Sprague OF ASS ``� Jolene e We z Avenue, Suite 304, Spokane Valley, Washington 99206, Monday through Friday from 8:00 a.m; /Ir 1111`,�� Title: N ary Public to 5:00 P.M. Bid proposals must be submitted in sealed envelopes marked as indicated in the RFP and My appoititmenf expires: 5 -16 -15 addressed to the City Clark, Spokane Valley City Hall, 11707E. Sprague Avenue, Suite 106, Spo- kane Valley, Washington, 99206, and received no later than 9:00 am PDT, Monday April 16,201 2 ad . Bid proposals will be opened and publicly re immediately after the due date and time In the City Hall Council Chambers. All bid proposals must be accompanied by a deposilin the form Ole surety bond, postal money order, cash, cashiers check, or terrified check in an amount equal to five percent (5%) of the amount of the price proposal. The successful bidder will be required to provide a performance bond for the entire work prior to entenng into a contract with the City and will be required to pay prevailing wages for the work to be perfomred. The City retains the right to reject any and all bids and to waive minor irregularities in the solicitation process. Christine Bainbridge, MMC Spokane Valley City Clerk (509) 720 -5102 416, 4/13