Loading...
12-204.00 AAA SweepingV5111ev. 0 December 12, 2012 AAA Sweeping, LLC PO Box 624 Veradale, WA 99037 OFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY ERIK J. LAMB - DEPUTY CITY ATTORNEY 11707 East Sprague Ave., Suite 103 ♦ Spokane Valley, WA 99206 509.720.5105 ♦ Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org Re: Implementation of 2013 option year, Agreement for Storm Drain Cleaning, executed May 11, 2012 Dear Mr. Sargent: The City executed a contract for provision of Storm Drain Cleaning Services on May 11, 2012 by and between the City of Spokane Valley, hereinafter "City ", and AAA Sweeping, LLC, hereinafter "Contractor" and jointly referred to as "Parties." The Request for Proposal states that it was for one year, with five optional one -year terms possible if the parties mutually agree to exercise the options each year. This is the first of five possible option years that can be exercised and runs through December 31, 2013. The City would like to exercise the 2013 option year of the Agreement. The Compensation as outlined in Exhibit A, 2013 Cost Proposal, includes the labor and material cost negotiated and shall not exceed $189,990. The history of the annual renewals is set forth as follows: Original contract amount ........... ..............................$ 189,990.00 2013 Renewal ........................ ..............................$ 189,990.00 The Parties further agree to various specification changes, which are set forth in Exhibit B — Specification Changes. All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2013 option year, please sign below to acknowledge the receipt and concurrence to perform the 2013 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CITY OF SPOKANE VALLEY AAA SWEEPING, LLC ZAxavG ike Jackso ity Manager Nam Title ATTEST: 1 ristine Bainbridge, City Clergy: APPROVED AS TO FORM: -- Office the Cite ttorney Exhibit A - 2013 Cost Proposal 2012 Storm Drain Cleaning Services Contractor: AAA Sweeping Task Unit Price Structure Cleaning Hours $171.54 Laborer Hours $57.86 Traffic Control W/ Flagging Hours $70.04 Asbsorb Liquid Hold Each $47.71 Debris Transfer Hours $145.15 EXHIBIT B SPECIFICATION ADDENDA Storm Drain Cleaning Services 2013 Option Year The following addenda are included to update Specifications listed as part of the Agreement for Storm Drain Cleaning Services, executed 11 May 2012. Section 1.7 COMPENSATION o ADD the following paragraph at the end of the section: `The City will reimburse the Contractor for rental costs of confined space safety equipment when used to service City Stormwater facilities, with the prior approval of the rental(s) by the City." Section 1.14 - ADDITIONAL OPTION YEARS & FEE ADJUSTMENT • REPLACE the 1s' Paragraph with the following: "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 1st for the following calendar year. Such prices shall be negotiated by the City and the 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 September (which normally is published mid - October) and the index base period is 1982 - 1984 =100. The source of this percent change shall be the United States Department of Labor, Bureau of Labor Statistics." 193565 DATE (MMIDDIYYYY) A� CERTIFICATE OF LIABILITY INSURANCE 10/15/2012 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 QEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. MPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy()es) 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). cONTACr NAME: Shed Johnson PRODUCER Commercial Lines - (509) 358 -3800 PHONE 509 - 358 -3946 AfC No : 866 -510 -9588 Wells Fargo Insurance Services USA, Inc. - CA Lic#: OD08408 E-MAIL ADDRESS: shed.johnson @wellsfargo.com 601 West Main Street, Suite 1400 INSURERS AFFORDING COVERAGE NAIC# Spokane, WA 99201 -0635 INSURER A: Continental Western Insurance Company 10804 INSURED INSURER 8: AAA Sweeping LLC INSURER C : PO Box 624 INSURER D : Veradale, WA 99037 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 5036525 REVISION NUMBER: See below 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. TD _DL NU BR POUCY EFF POLICY EXP LIMITS rA TYPE OF INSURANCE R WVD POLICYNUMBER MIDD MM22 EACHOCCURRENCE $ 1,000,000 GENE RAL LIABILITY X X CWP2895788 10/19/12 10/19/13 DAMAGETOR NT ED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ MED EXP (Any one person $ 10,000 CLAIMS -MADE FK OCCUR 1,000,000 PERSONAL & ADV INJURY $ X WA STOP GAP 2,000,000 GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ POLICY X PRO LOC 10119/12 10/19/13 Ea a�deDtSINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY CWP2895788 — BODILY INJURY (Per person) $' X ANY AUTO BODILY INJURY (Per acddent) $ !LL OWNED SCHEDULED UTOS NON -0WNED PROPERTY DAMAGE $ Peraoddent X IRED AUTOS X AUTOS $ EACH OCCURRENCE $ 10,000,OOD A X UMBRELLA LIAB x OCCUR CU2895790 10/19/12 10/19/13 10,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE $ DIED X RETENTION $ 10,000 WC STATUS I OTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE NIA OFFICERIMEMBEREXCLUDEDT E.L. DISEASE -EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) AS RESPECTS: CONTRACT #09 -004 STREET SWEEPING, #09 -006 VACTORING - CITY OF SPOKANE VALLEY SHALL BE LISTED AS ADDITIONAL INSURED AS GRANTED BY THE POLICY. FORMS ATTACHED. CERTIFICATE HOLDER CANCELLATION CITY OF THE SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E SPRAGUE AVE., STE 106 ACCORDANCE WITH THE POLICY PROVISIONS. `OKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) VIII VIII VIII VIII (III IIII - CYBO2M151000017f0210SMI W 1111111 III 1111111 Iill 11111 111111 IIII (IIII VIII VIII VIII VIII Verify Workers' Comp Premium Status - Employer Liability Certificate Washington State Department of Labor and Industries Department of Labor and Industries Employer Liability Certificate Date: 01/02/2013 UBI #: 602 346 432 Legal Business Name: AAA SWEEPING LLC Account #: 500,499 -04 'Doing Business As' Name: AAA SWEEPING LLC Page 1 of 1 Employer Liability Certificate Estimated Workers Reported: Quarter 3 of Year 2012 "11 to 20 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? License: Expire Date: Yes AAASWL *963CA 2/1/2014 Account Representative: T2 /KATHY WITHERS (360)902 -4829 -Email: WITE235@lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). https: / /fortress.wa. gov/ lni/ crpsi /AcctInfoPrint.aspx ?AccountId= 50049904 &AccountManage... 1/2/2013 . I TV OF BOND NO: 105768663 Option Year 2013 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to AAA Sweeping, LLC (Contractor), as Principal, a contract for the construction of the project designated as Strom Drain Cleaning Services , Project No. 12 -003 in Spokane Valley, Washington, and said Principal is required to furnish a bond for performance of all obligations under the Contract. The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of the State of Washington and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts U.S. Treasury± Deft., are jointly and severally held and firmly bound to the City of dne Hundred Eighty ine Reg, Spokane Valley, in the sum of Nine Hundred Ninety Dollars and 00/100 US Dollars ($189,990.00 Total Contract Amount, subject to the provisions herein. The statutory performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is no required for such increased obligation. This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) AAA Sweeping, LLC r PrinQcipa y�ature ate Printed Name Title S Ty Traye rs Casualtyy and Surety Company of America 12/31/2012 L-lurety Signatw e Date Kathy Gurley Printed Name Attorney -in -Fact Title Name, address, and telephone of local officelagent of Surety Company is: Wells Fargo Insurance Services USA, Inc. 601 W. Main, Suite 1400, Spokane, WA 99201 509- 358 -3800 Approved as to form: City of Spokane Valley Attorney, County of Spokane Date C(TI 11 W8 0019-000� ,,0o40'W1ey. BOND NO: 105768663 Option Year 2013 CONTRACTOR'S NON - FEDERAL PAYMENT BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to AAA Sweeping, LLC (Contractor). as Principal, a contract for the construction of the project designated as Strom Drain Cleaning Services . Project No.12 -003 in Spokane Valley. Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington (RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety). a corporation organized under the laws of the State of Washington and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly One Hundred Eight Nine ousand US Dollars bound to the City of Spokane Valley, in the Sum of Nine Hund ed Ninety Dollars and 00 /100 (S189,990.00 )Total Contract Amount, subject to the provisions herein. The statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW 39.08 and 39.12 including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work. and all taxes incurred on said Contract under Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terns of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terns of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is no required for such increased obligation. This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalfof the surety. PRINCIPAL (CONTRACTOR) AAA Sweeping, LLC 1112 Princip nature Date Printed/ Name Title SURETY Tra elers CasualtyJ and Surety Company of America //1IMfiJJA^ 12/31/2012 '"Surety Signature Date Kathv Gurlev Printed Name Attorney -in -Fact Title Name, address, and telephone of local office/agent of Surety Company is: Wells Fargo Insurance Services USA, Inc. 601 W. Main, Suite 1400, Spokane, WA 99201 509 - 358 -3800 Approved as to form: City of Spokane Valley Attorney, County of Spokane Date 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: Strom 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: The City of Spokane Valley KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, 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, are corporations duly organized under the laws of the State of Connecticut, 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 Attorney -in -Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of September, 2012. 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 State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company coo& VA C)4)880 By: Robert L. Raney, Senior Vice President On this the 10th day of September, 2012, before me personally appeared Robert L. Raney, 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. My Commission expires the 30th day of June, 2016. o *S Marie C. Tetreault, Notary Public 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 31St day. of December 2012 Kevin E. Hughes, Assistant Secretary G�p►.rcau��� �yS�'iY �►REI , *� i.rL *�.�s�,,. "`K* �.+ya�� M� ��`��' ' 6 ^ [i' � `�'P � * ao v���rs��+ 4��..�Art�^ `f� •`' � "`J4d� d�•� c ` �$ 1951 � SIX � sEni. $ '��. •� • 3� ��� Q. � •� � �Y�D � ?tip �9 * ��rS. xM�ar S= � � �' •' � °�i lA� AN1s' To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbondcom. Please refer to the Attorney-In -Fact number, the above -named individuals and the details of the bond to which the power Is attached.