WA - Spokane: City Council Meeting

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City Council Meeting

CITY COUNCIL MEETINGS RULES PUBLIC DECORUM

Strict adherence to the following rules of decorum by the public will be observed and adhered to during City Council meetings, including open forum, public comment period on legislative items, and Council deliberations:
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1.
No Clapping 2. No Cheering 3. No Booing 4. No public outbursts 5. Three-minute time limit for comments made during open forum and public testimony on

legislative items 6. No person shall be permitted to speak at open forum more often than once per month. In addition, please silence your cell phones when entering the Council Chambers

Tagged Passions:Cell Phones

Further, keep the following City Council Rules in mind:

Rule 2.2 Open Forum
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D.
The open forum is a limited public forum; all matters discussed in the open forum shall relate to the affairs of the City. No person shall be permitted to speak regarding items on the current or advance agendas, pending hearing items, or initiatives or referenda in a pending election. Individuals speaking during the open forum shall address their comments to the Council President and shall not use profanity, engage in obscene speech, or make personal comment or verbal insults about any individual.

Tagged Passions:council, voting, election, and hearing

E.
To encourage wider participation in open forum and a broad array of public comment and varied points of view, no person shall be permitted to speak at open forum more often than once per month. However, there is no limit on the number of items on which a member of the public may testify, such as legislative items, special consideration items, hearing items, and other items before the City Council and requiring Council action that are not adjudicatory or administrative in nature, as specified in Rules 5.3 and 5.4.

No additional detail provided

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Rule 5.4 Public Testimony Regarding Legislative Agenda Items Time Limits

No additional detail provided

A.
5.4.1 The City Council shall take public testimony on all matters included on its legislative agenda, with those exceptions stated in Rule 5.4(B). Public testimony shall be limited to the final Council action. Public testimony shall be limited to three (3) minutes per speaker, unless, at his or her discretion, the Chair determines that, because of the number of speakers signed up to testify, less time will need to be allocated per speaker in order to accommodate all of the speakers. The Chair may allow additional time if the speaker is asked to respond to questions from the Council.

No additional detail provided

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B.
No public testimony shall be taken on consent agenda items, amendments to legislative agenda items, or procedural, parliamentary, or administrative matters of the Council.

No additional detail provided

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C.
For legislative or hearing items that may affect an identifiable individual, association, or group, the following procedure may be implemented:

Tagged Passions:procedure and hearing

1.
Following an assessment by the Chair of factors such as complexity of the issue(s), the apparent number of people indicating a desire to testify, representation by designated spokespersons, etc., the Chair shall, in the absence of objection by the majority of the Council present, impose the following procedural time limitations for taking public testimony regarding legislative matters:

No additional detail provided

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a.
There shall be up to fifteen (15) minutes for staff, board, or commission

No additional detail provided

Tagged Passions:boards and commissions

presentation of background information, if any.

b.
The designated representative of the proponents of the issue shall speak first and may include within his or her presentation the testimony of expert witnesses, visual displays, and any other reasonable methods of presenting the case. Up to thirty (30) minutes shall be granted for the proponent s presentation. If there be more than one designated representative, they shall allocate the 30 minutes between or among themselves.

No additional detail provided

Tagged Passions:grant

c.
Three minutes shall be granted for any other person not associated with the

designated representative who wishes to speak on behalf of the proponent s position.

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d.
The designated representative, if any, of the opponents of the issue shall speak following the presentation of the testimony of expert witnesses, visual displays, and any other reasonable methods of presenting the case. The designated representative(s) of the opponents shall have the same time allotted as provided for the proponents.

No additional detail provided

e.
Three minutes shall be granted for any other person not associated with the designated representative who wishes to speak on behalf of the opponents position.

No additional detail provided

Tagged Passions:grant

f.
Up to ten minutes of rebuttal time shall be granted to the designated representative for each side, the proponents speaking first, the opponents speaking second.

No additional detail provided

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2.
In the event the party or parties representing one side of an issue has a designated

No additional detail provided

Tagged Passions:events

representative and the other side does not, the Chair shall publicly ask the unrepresented side if they wish to designate one or more persons to utilize the time allotted for the designated representative. If no such designation is made, each person wishing to speak on behalf of the unrepresented side shall be granted three minutes to present his/her position, and no additional compensating time shall be allowed due to the fact that the side has no designated representative.

Tagged Passions:grant

3.
In the event there appears to be more than two groups wishing to advocate their distinct positions on a specific issue, the Chair may grant the same procedural and time allowances to each group or groups, as stated previously.

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D.
The time taken for staff or Council member questions and responses thereto shall be in addition

to the time allotted for any individual or designated representative s testimony. THE CITY OF SPOKANE

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ADVANCE COUNCIL AGENDA MEETING OF MONDAY, AUGUST 12, 2019

COUNCIL CHAMBERS 808 W. SPOKANE FALLS BLVD. CITY HALL SPOKANE, WA 99201 MISSION STATEMENT TO DELIVER EFFICIENT AND EFFECTIVE SERVICES THAT FACILITATE ECONOMIC OPPORTUNITY AND ENHANCE QUALITY OF LIFE. MAYOR DAVID A. CONDON COUNCIL PRESIDENT BEN STUCKART COUNCIL MEMBER BREEAN BEGGS COUNCIL MEMBER KATE BURKE COUNCIL MEMBER MIKE FAGAN COUNCIL MEMBER LORI KINNEAR COUNCIL MEMBER CANDACE MUMM COUNCIL MEMBER KAREN STRATTON
Tagged Passions:services

SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, AUGUST 12, 2019

CITY COUNCIL BRIEFING SESSION Council will adopt the Administrative Session Consent Agenda after they have had appropriate discussion. Items may be moved to the 6:00 p.m. Legislative Session for formal consideration by the Council at the request of any Council Member. SPOKANE CITY COUNCIL BRIEFING SESSIONS (BEGINNING AT 3:30 P.M. EACH MONDAY) AND LEGISLATIVE SESSIONS (BEGINNING AT 6:00 P.M. EACH MONDAY) ARE BROADCAST LIVE ON CITY CABLE CHANNEL FIVE AND STREAMED LIVE ON THE CHANNEL FIVE WEBSITE. THE SESSIONS ARE REPLAYED ON CHANNEL FIVE ON THURSDAYS AT 6:00 P.M. AND FRIDAYS AT 10:00 A.M. The Briefing Session is open to the public, but will be a workshop meeting. Discussion will be limited to Council Members and appropriate Staff and Counsel. There will be an opportunity for the expression of public views on any issue not relating to the Current or Advance Agendas during the Open Forum at the beginning and the conclusion of the Legislative Agenda. ADDRESSING THE COUNCIL
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No one may speak without first being recognized for that purpose by the Chair. Except for named parties to an adjudicative hearing, a person may be required to sign a sign-up sheet as a condition of recognition.

Tagged Passions:recognition and hearing

Each person speaking at the public microphone shall print his or her name and address on the sheet provided at the entrance and verbally identify him/herself by name, address and, if appropriate, representative capacity.

If you are submitting letters or documents to the Council Members, please provide a minimum of ten copies via the City Clerk. The City Clerk is responsible for officially filing and distributing your submittal.

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In order that evidence and expressions of opinion be included in the record and that decorum befitting a deliberative process be maintained, modes of expression such as demonstration, banners, applause and the like will not be permitted.

No additional detail provided

A
speaker asserting a statement of fact may be asked to document and identify the source of the factual datum being asserted.

SPEAKING TIME LIMITS: Unless deemed otherwise by the Chair, each person addressing the Council shall be limited to a three-minute speaking time. CITY COUNCIL AGENDA: The City Council Advance and Current Agendas may be obtained prior to Council Meetings from the Office of the City Clerk during regular business hours (8 a.m. - 5 p.m.). The Agenda may also be accessed on the City website at www.spokanecity.org. Agenda items are available for public review in the Office of the City Clerk during regular business hours. AMERICANS WITH DISABILITIES ACT (ADA) INFORMATION: The City of Spokane is committed to providing equal access to its facilities, programs and services for persons with disabilities. The Spokane City Council Chamber in the lower level of Spokane City Hall, 808 W. Spokane Falls Blvd., is wheelchair accessible and also is equipped with an infrared assistive listening system for persons with hearing loss. Headsets may be checked out (upon presentation of picture I.D.) at the City Cable 5 Production Booth located on the First Floor of the Municipal Building, directly above the Chase Gallery or through the meeting organizer. Individuals requesting reasonable accommodations or further information may call, write, or email Human Resources at 509.625.6383, 808 W. Spokane Falls Blvd, Spokane, WA, 99201; or msteinolfson@spokanecity.org. Persons who are deaf or hard of hearing may contact Human Resources through the Washington Relay Service at 7-1-1. Please contact us forty- eight (48) hours before the meeting date. If you have questions, please call the Agenda Hotline at 625-6350.
Tagged Passions:business, disability, services, program, and human resources

SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, AUGUST 12, 2019

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BRIEFING SESSION (3:30 p.m.)

(Council Chambers Lower Level of City Hall) (No Public Testimony Taken)

Roll Call of Council Staff Reports Committee Reports Advance Agenda Review Current Agenda Review

ADMINISTRATIVE SESSION

CONSENT AGENDA

REPORTS, CONTRACTS AND CLAIMS RECOMMENDATION

Tagged Passions:contract

1.
Value Blanket Order Renewal with Keller Supply Co. (Spokane Valley, WA) for backflow prevention devices) 125,000 (incl. tax). Dan Kegley

Approve OPR 2017-0488 BID 4366-17

Tagged Passions:rfp, RFP, taxes, and Taxes

2.
One Year Extension to Value Blanket Contract with Linn Machine Manufacturing, Inc. (Spokane Valley, WA) to refurbish metal refuse and recycling dumpsters Estimated annual expenditure 550,000 (incl. tax). Dustin Bender

Approve OPR 2016-0649 BID 4254-16

Tagged Passions:rfp, RFP, taxes, Taxes, contract, and recycling

3.
Contract Amendment with HDR Engineering (Bellevue, WA) for additional scope for Part 12D Safety Inspection Report of Upriver Dam Additional amount 15,000. Total Contract: 105,900. Stephen Burns

Approve OPR 2018-0783 RFP 4496-18

Tagged Passions:rfp, RFP, and contract

4.
Administrative Reserve Increase on the Contract with Max J. Kuney Company (Spokane, WA), for I07c and CSO 34-1 Control Facilities Increase of 420,000. Total administrative reserve of 1,833,381.38 or 13 of the contract price. (East Central Neighborhood.)

Approve OPR 2019-0586 ENG 2014096/ 2012088

Tagged Passions:contract and neighborhood

SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, AUGUST 12, 2019

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Joel Graff 5. Contract with Intermountain Slurry Seal, Inc. (Reno,

NV) for Pilot/Study Slurry Seal Maintenance in partnership with Spokane County Not to exceed 212,098.50. Clint Harris Approve OPR 2019-0587 6. Low Bid (to be determined at bid opening) held August 5, 2019, for Sunset Reservoir Rehabilitation . An administrative reserve of , which is 10 of the contract price plus tax, will be set aside. Engineers estimate is 910,701. Dan Buller Approve OPR 2019-0588 ENG 2016079

Tagged Passions:rfp, RFP, taxes, Taxes, and contract

7.
Low Bids of: a. National Native American Construction, Inc. for

Cincinnati Greenway from Spokane Falls Boulevard to Euclid Avenue 567,428. An administrative reserve of 56,742.80, which is 10 of the contract price, will be set aside.

Tagged Passions:rfp, RFP, construction, streets, contract, and parks

b.
Cameron-Reilly LLC (Spokane, WA) for Driscoll Boulevard Sidewalk 374,511.40. An administrative reserve of 37,451.14, which is 10 of the contract price, will be set aside. (Northwest Neighborhood.)

No additional detail provided

Tagged Passions:streets, contract, Pedestrian, and neighborhood

c.
Halme Construction, Inc., (Spokane, WA) for Spotted Road to Allman Sewer Replacement - 619,061.29 (plus tax). An administrative reserve of 61,906.13 plus tax, which is 10 of the contract, will be set aside. (West Hills Neighborhood.)

Dan Buller Approve All OPR 2019-0589 ENG 2016081 OPR 2019-0590 ENG 2018095 OPR 2019-0591 2018109

Tagged Passions:construction, sewer, streets, taxes, Taxes, utility, Utility, contract, and neighborhood

8.
Recommendation to add Turner Hall (German American Society Hall), 25 West 3rd Avenue on the Spokane Register of Historic Places. Megan Duvall

Approve/ Authorize Mgmt. Agmt. OPR 2019-0592 9. Report of the Mayor of pending:

Tagged Passions:historic

a.
Claims and payments of previously approved

obligations, including those of Parks and Library, through _____, 2019, total ____________, with Parks and Library claims approved by their respective boards. Warrants excluding Parks and Library total ____________.

Tagged Passions:public safety, parks, and library

b.
Payroll claims of previously approved obligations through________, 2019: __________.

Approve Authorize Payments CPR 2019-0002 CPR 2019-0003

SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, AUGUST 12, 2019

10. City Council Meeting Minutes: ____________, 2019. Approve All CPR 2019-0013

EXECUTIVE SESSION (Closed Session of Council)

(Executive Session may be held or reconvened during the 6:00 p.m. Legislative Session) CITY COUNCIL SESSION (May be held or reconvened following the 3:30 p.m. Administrative Session) (Council Briefing Center) This session may be held for the purpose of City Council meeting with Mayoral nominees to Boards and/or Commissions. The session is open to the public.
Tagged Passions:boards and commissions

LEGISLATIVE SESSION (6:00 P.M.)

(Council Reconvenes in Council Chamber)
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WORDS OF INSPIRATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF COUNCIL ANNOUNCEMENTS (Announcements regarding Changes to the City Council Agenda) NO BOARDS AND COMMISSIONS APPOINTMENTS ADMINISTRATIVE REPORT
Tagged Passions:boards and commissions and appointments

COUNCIL COMMITTEE REPORTS (Committee Reports for Finance, Neighborhoods, Public Safety, Public Works, and Planning/Community and Economic Development Committees and other Boards and Commissions)

SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, AUGUST 12, 2019

Tagged Passions:council

OPEN FORUM This is an opportunity for citizens to discuss items of interest not relating to the Current or Advance Agendas nor relating to political campaigns/items on upcoming election ballots. This Forum shall be for a period of time not to exceed thirty minutes. After all the matters on the Agenda have been acted on, unless it is 10:00 p.m. or later, the open forum shall continue for a period of time not to exceed thirty minutes. Each speaker will be limited to three minutes, unless otherwise deemed by the Chair. If you wish to speak at the forum, please sign up on the sign-up sheet located in the Chase Gallery.

Note: No person shall be permitted to speak at Open Forum more often than once per month (Council Rule 2.2.E). LEGISLATIVE AGENDA
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NO SPECIAL BUDGET ORDINANCES

Tagged Passions:ordinance and budget

NO EMERGENCY ORDINANCES

No additional detail provided

Tagged Passions:ordinance and emergency

RESOLUTIONS FINAL READING ORDINANCES (Require Four Affirmative, Recorded Roll Call Votes)

RES 2019-0064 Adopting the City of Spokane 457(b) Deferred Compensation Document. Phillip Tencick RES 2019-0065 Approving the change in the Spokane Employees' Retirement System (SERS) Board s change in the employee and employer contribution rates in accordance with Spokane Municipal Code 4.14.070 (increase from 9.25 to 9.75 ). Phillip Tencick RES 2019-0066 Adopting the Charter of the Local 29 Deferred Compensation Plan Committee. Phillip Tencick RES 2019-0067 OPR 2019-0600 Approving a development agreement between the city and Spokane Riverside Partners, LLC. relating to certain public infrastructure costs. Teri Stripes ORD C35789 Regulating the practice of loaning city employees and property to other government agencies; enacting new chapters 03.13 and 12.12 of the Spokane Municipal Code. (Deferred from July 15, 2019.) Council Member Mumm ORD C35797 (To be considered under Hearings Item H1.) ORD C35801 Relating to the Police Department Records Imprest fund; amending SMC 7.03.153 Police (increase from 2,000 to 3,000).
Tagged Passions:compensation, ordinance, council, retirement, development, public safety, seniors, Development, property, hearing, and rates

SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, AUGUST 12, 2019

Tagged Passions:council

FIRST READING ORDINANCES (No Public Testimony Will Be Taken)

ORD C35802 (To be considered under Hearings Item H2.b.) ORD C35803 (To be considered under Hearings Item H3.b.) NO SPECIAL CONSIDERATIONS HEARINGS (If there are items listed you wish to speak on, please sign your name on the sign-up sheets in the

Tagged Passions:ordinance and hearing

Chase Gallery.) RECOMMENDATION

H1. Hearing on Final Reading Ordinance C35797

designating a residential targeted area; amending SMC 8.15.030. Terri Stripes Pass Upon Roll Call Vote ORD C35797
Tagged Passions:ordinance and hearing

H2. a. Hearing on vacation of the alley between Napa Street and Martin Street within Block 15 of the plat of Avondale as requested by Ibex Commercial Flooring.

No additional detail provided

Tagged Passions:streets, zoning, hearing, and commercial

b.
First Reading Ordinance C35802 vacating the

alley between Napa Street and Martin Street within Block 15 of the plat of Avondale. Eldon Brown Approve Subject to Conditions Further Action Deferred ORD C35802

Tagged Passions:ordinance, streets, and zoning

H3. a. Hearing on vacation of the alley between Central Avenue and Columbia Avenue, from Julia Street to Myrtle Street as requested by Ronald Renea Dehn.

No additional detail provided

Tagged Passions:streets and hearing

b.
First Reading Ordinance C35803 vacating the alley between Central Avenue and Columbia Avenue, from the east line of Julia Street to the west line of Myrtle Street.

Eldon Brown Approve Subject to Conditions Further Action Deferred ORD C35803 Motion to Approve Advance Agenda for August 12, 2019 (per Council Rule 2.1.2)

Tagged Passions:ordinance, council, and streets

SPOKANE CITY COUNCIL ADVANCE AGENDA MONDAY, AUGUST 12, 2019

OPEN FORUM (CONTINUED) This is an opportunity for citizens to discuss items of interest not relating to the Current or Advance Agendas nor relating to political campaigns/items on upcoming election ballots. This Forum shall be for a period of time not to exceed thirty minutes. After all the matters on the Agenda have been acted on, unless it is 10:00 p.m. or later, the open forum shall continue for a period of time not to exceed thirty minutes. Each speaker will be limited to three minutes, unless otherwise deemed by the Chair. If you wish to speak at the forum, please sign up on the sign-up sheet located in the Chase Gallery. Note: No person shall be permitted to speak at Open Forum more often than once per month (Council Rule 2.2.E).
Tagged Passions:council, voting, and election

ADJOURNMENT The August 12, 2019, Regular Legislative Session of the City Council is adjourned to August 19, 2019.

NOTES Agenda Sheet for City Council Meeting of: 08/12/2019

Date Rec d 7/25/2019 Clerk s File OPR 2017-0488 Renews

Submitting Dept WATER HYDROELECTRIC SERVICES Cross Ref Contact Name/Phone DAN KEGLEY 625-7821 Project Contact E-Mail DKEGLEY@SPOKANECITY.ORG Bid 4366-17 Agenda Item Type Purchase w/o Contract Requisition VALUE BLANKET Agenda Item Name 4100 - BACKFLOW PREVENTION DEVICES - VALUE BLANKET RENEWAL Agenda Wording

Tagged Passions:rfp, RFP, utility, Utility, contract, services, water, purchasing, and Hydro Power

Renewal of existing value blanket order for backflow prevention devices with Keller Supply Co. (Spokane, WA) for 125,000.00 including tax.

Tagged Passions:taxes and Taxes

Summary (Background)

Bid 4366-17 was publicly solicited in May 2017. Five (5) bids were received. Award was recommended to Keller Supply as the low responsive, responsible bidder. The value blanket was renewed in 2018 at a five (5) percent cost increase, which was negotiated down from ten (10) percent. This renewal is proposed at an increase just under two (2) percent, which was negotiated down from seven (7) percent. This is the second annual renewal at mutual consent; two (2) such options remain. Fiscal Impact Grant related? NO Budget Account Public Works? NO Expense 125,000.00 4100-42440-94000-56595-99999 Select Select Select Approvals Council Notifications Dept Head SEARL, LOREN Study Session Division Director SIMMONS, SCOTT M. Other URBAN EXPERIENCE
Tagged Passions:rfp, RFP, grant, council, budget, Public Works, and public works

Finance ALBIN-MOORE, ANGELA Distribution List Legal ODLE, MARI sjohnson@spokanecity.org For the Mayor ORMSBY, MICHAEL Additional Approvals Purchasing PRINCE, THEA

No additional detail provided

Tagged Passions:finance, legal, and purchasing

Continuation of Wording, Summary, Budget, and Distribution

Agenda Wording
Tagged Passions:budget

Summary (Background)

four (4) additional one-year periods. This is the 3rd extension provided for in the original contract. Fiscal Impact Budget Account Select Select Distribution List Briefing Paper Urban Experience Committee Division Department: Public Works, 4100 Water Hydroelectric Services
Tagged Passions:budget, utility, Utility, contract, services, water, Public Works, public works, and Hydro Power

Subject: Backflow Prevention Devices Annual Value Blanket

Date: 12 August 2019

Author (email phone): Dan Kegley, dkegley@spokanecity.org, x7821

City Council Sponsor: ---

No additional detail provided

Tagged Passions:council

Executive Sponsor: ---

Committee(s) Impacted: PIES

Type of Agenda item: Consent Discussion Strategic Initiative

Alignment: (link agenda item to guiding document i.e., Master Plan, Budget , Comp Plan, Policy, Charter, Strategic Plan) Funding for this order is included annually in the Water Hydroelectric Services department budget. Strategic Initiative: Innovative Infrastructure, Urban Experience
Tagged Passions:funding, strategic, budget, utility, Utility, services, water, policy, and Hydro Power

Deadline: The existing value blanket for these products expired August 1, 2019.

Outcome: (deliverables, delivery duties, milestones to meet)

This order supports the competitive procurement of backflow prevention devices on an as-needed basis for new construction and the replacement of obsolete devices over a one (1) year period. Background/History: Bid 4366-17 for Backflow Prevention Devices was publicly solicited in the May 2017. Five (5) bids were received. Award was correspondingly recommended to Keller Supply (Spokane, WA) as the low responsive, responsible bidder for an annual value blanket. The value blanket was renewed in 2018 at a five (5) percent cost increase, which was negotiated down from ten (10) percent. This renewal is proposed at an increase just under two (2) percent, which is negotiated down from seven (7) percent. In light of the pricing fluctuation of raw materials and increased tariffs, staff considers a two (2) percent increase to be very reasonable. This represents the second renewal at mutual consent; two (2) annual renewal options remain.
Tagged Passions:rfp, RFP, construction, materials, purchasing, and history

Executive Summary:

Award Recommended to Keller Supply (Spokane, WA) for 125,000.00 (including tax) annually
Tagged Passions:taxes and Taxes

Two (2) percent cost increase negotiated down from seven (7) percent

Original Bid 4366-17 Budget Impact: Approved in current year budget? Yes No Annual/Reoccurring expenditure? Yes No If new, specify funding source: N/A Other budget impacts: N/A

Tagged Passions:rfp, RFP, funding, and budget

Operations Impact: Consistent with current operations/policy? Yes No Requires change in current operations/policy? Yes No Specify changes required: --- Known challenges/barriers: ---

No additional detail provided

Tagged Passions:policy

Product 2018/2019 Pricing 2019/2020 Negotiated Rate Negotiated Cost Increase

No additional detail provided

3
DCVA 799.66 814.52 1.86

4
DCVA 835.86 851.40 1.86

No additional detail provided

6
DCVA 1,391.38 1,417.24 1.86

8
DCVA 2,186.90 2,227.55 1.86

10
DCVA 3,000.00 3,055.76 1.86

4
DCDA 1,211.39 1,233.90 1.86

No additional detail provided

6
DCDA 1,620.00 1,650.12 1.86

8
DCDA 2,510.69 2,557.36 1.86

10
DCDA 3,310.35 3,371.88 1.86

4
RP 1,117.24 1,138.01 1.86

No additional detail provided

6
RP 1,900.34 1,935.67 1.86

8
RP 3,440.59 3,504.55 1.86

Agenda Sheet for City Council Meeting of: 08/12/2019

Date Rec d 7/15/2019 Clerk s File OPR 2016-0649 Renews

Submitting Dept SOLID WASTE COLLECTION Cross Ref Contact Name/Phone DUSTIN 625-7806 Project

Tagged Passions:utility, solid waste, and Utility

Contact E-Mail DDBENDER@SPOKANECITY.ORG Bid 4254-16 Agenda Item Type Contract Item Requisition VALUE BLANKET Agenda Item Name 4500 ONE-YEAR EXTENSION OF VALUE BLANKET CONTRACT TO REFURBISH

Agenda Wording
Tagged Passions:rfp, RFP, and contract

One-year extension to a Value Blanket Order Contract with Linn Machine Manufacturing, Inc. (Spokane Valley, WA) to refurbish metal refuse and recycling dumpsters -- estimated annual expenditure 550,000(including tax).

No additional detail provided

Tagged Passions:taxes, Taxes, contract, and recycling

Summary (Background)

Solid Waste Collection owns, maintains and operates an inventory of metal refuse/recycling containers and roll off boxes (collectively referred to as dumpsters ). These previously purchased dumpsters require maintenance and restoration to maximize their functional lifespan. Bid 4254-16 was issued to 35 firms that possibly engage in metal fabrication services. Linn Machine Manufacturing, Inc. was awarded the contract. The original contract was for one-year with option to renew for Fiscal Impact Grant related? NO Budget Account Public Works? NO Expense 495,000 estimated 4500-45100-37148-54803-19020 Expense 55,000 estimated 4500-44200-37148-54803-19017 Select Select Approvals Council Notifications Dept Head CONKLIN, CHUCK Study Session PIES 07-22-19 Division Director SIMMONS, SCOTT M. Other Finance ORLOB, KIMBERLY Distribution List Legal ODLE, MARI cconklin@spokanecity.org For the Mayor ORMSBY, MICHAEL ddbender@spokanecity.org Additional Approvals jsalstrom@spokanecity.org Purchasing PRINCE, THEA rschoonover@spokanecity.org Tax Licenses cwahl@spokanecity.org rich@linnmachine.com
Tagged Passions:rfp, RFP, grant, finance, council, legal, budget, taxes, Taxes, utility, solid waste, Utility, contract, services, purchasing, Public Works, public works, recycling, and license

Continuation of Wording, Summary, Budget, and Distribution

Agenda Wording
Tagged Passions:budget

Summary (Background)

four (4) additional one-year periods. This is the 3rd extension provided for in the original contract. Fiscal Impact Budget Account Select Select Distribution List
Tagged Passions:budget and contract

1
City Clerk's No. OPR 2016-0649

This Contract Extension including additional compensation is made and entered into by and between the City of Spokane as ( City ), a Washington municipal corporation, and LINN MACHINE AND MANUFACTURING, INC., whose address is 3808 North Sullivan Road, Building N7, Spokane Valley, Washington, 99216 as ( Company ), individually hereafter referenced as a party and together as the parties . WHEREAS, the parties entered into a Contract wherein the Company agreed to provide for the City Refurbishing of Metal Refuse/Recycling Containers and Roll Off Boxes; and WHEREAS, additional time is required, and thus the Contract time for performance needs to be formally extended by this written document.
Tagged Passions:compensation, streets, contract, performance, and recycling

-- NOW, THEREFORE, in consideration of these terms, the parties mutually agree as follows:

No additional detail provided

1.
CONTRACT DOCUMENTS. The Original Contract executed by the parties on September 1, 2016 and September 26, 2016, any previous amendments, addendums and / or extensions / renewals thereto, are incorporated by reference into this document as though written in full and shall remain in full force and effect except as provided herein.

No additional detail provided

Tagged Passions:contract

2.
EFFECTIVE DATE. This Contract Extension shall become effective on September 1, 2019.

No additional detail provided

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3.
EXTENSION. The contract documents are hereby extended and shall run through August 31, 2020.

No additional detail provided

Tagged Passions:contract

4.
COMPENSATION. The City shall pay an additional amount not to exceed FIVE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ( 550,000.00) for everything furnished and done under this Contract Exten- sion.

IN WITNESS WHEREOF, in consideration of the terms, conditions and covenants contained, or attached and incorporated and made a part, the parties have executed this Contract Extension by having legally-binding representatives affix their signatures below.

Tagged Passions:compensation and contract

City of Spokane

CONTRACT EXTENSION 3 OF 4 WITH COST
Tagged Passions:contract

Title: REFURBISH REFUSE/RECYCLING CONTAINERS

AND ROLL OFF BOXES Briefing Paper Public Infrastructure, Environment, and Sustainability Division Department: Public Works / Solid Waste Collection 4500 Subject: One-year contract extension with Linn Machine Manufacturing, Inc. Date: July 22, 2019 Author (email phone): Dustin Bender / ddbender@spokanecity.org. / 509.625.7806 City Council Sponsor: Executive Sponsor: Committee(s) Impacted: Public Infrastructure, Environment, and Sustainability Type of Agenda item: Consent Discussion Strategic Initiative Alignment: Solid Waste Collection s Operating Budget Strategic Initiative: Sustainable Resources Deadline: Current contract expires August 31, 2019. Outcome: (deliverables, delivery duties, milestones to meet) Seeking approval by City Council for funding of a one-year extension of the value blanket contract for refurbishing services on City owned metal refuse/recycling containers and roll off boxes.
Tagged Passions:funding, council, strategic, budget, utility, solid waste, Utility, contract, services, Conservation, environment, Public Works, public works, recycling, and sustainability

Background/History: Solid Waste Collection owns, maintains and operates an inventory of metal refuse/recycling containers and roll off boxes (collectively referred to as dumpsters ). These dumpsters are provided to our customers as part of their service. This extension will ensure that Solid Waste Collection has an inventory of dumpsters available for new account growth, exchanges, replacements and special events.

The City has contracted with Linn Machine Manufacturing since 2016 with highly satisfactory results; dumpsters are returned in like new condition. Refurbishing worn dumpsters uses fewer resources which has a positive impact on the environment, extends their useful life and costs less than purchasing new dumpsters.

Tagged Passions:utility, solid waste, Utility, contract, events, Conservation, environment, purchasing, recycling, history, and growth

Executive Summary:

Bid 4254-16 was issued in 2016 to 35 companies that possibly engage in metal fabrication services. Two no bid responses were received in addition to Linn Machine Manufacturing s bid. The initial contract term was for one year, with option to renew for four additional one-year periods. This extension is the third provided for in the original contract. The estimated annual expenditure requested for this contract extension is 550,000. Annual expenditures for refurbishing services have increased during this contract due account growth and significant steel price escalations over recent years. We predict that they will both will continue to rise during this contract extension. In general, commercial accounts have grown on average 9.9 per year over the last three years due to a good economy and real estate market, ongoing construction and City annexations. The original contract request was 300,000. An additional 30,000 (10 ) was added in June 2017, with an addendum for 100,000 approved in July 2017, totaling 430,000 during the original term. The first extension request was 300,000. An additional 30,000 (10 ) was added in March 2018, with an addendum for 150,000 approved in July 2018, totaling 480,000 during the first extension. The second extension request was 450,000. An additional 45,000 (10 ) was added in July 2019, totaling 495,000 during the current contract extension which expires August 31, 2019. Budget Impact: Approved in current year budget? Yes No Annual/Reoccurring expenditure? Yes No If new, specify funding source: Other budget impacts: (revenue generating, match requirements, etc.) Operations Impact: Consistent with current operations/policy? Yes No Requires change in current operations/policy? Yes No Specify changes required: Known challenges/barriers:
Tagged Passions:rfp, RFP, funding, construction, market, budget, contract, services, commercial, policy, annexation, economy, and growth

2
LINN MACHINE AND MANUFACTURING, INC. CITY OF SPOKANE

By_________________________________ By_________________________________ Signature Date Signature Date

____________________________________ ___________________________________ Type or Print Name Type or Print Name

____________________________________ ___________________________________ Title Title

Attest: Approved as to form:

No additional detail provided

____________________________________ ___________________________________ City Clerk Assistant City Attorney

19-121 Agenda Sheet for City Council Meeting of: 08/12/2019
Tagged Passions:legal

Date Rec d 7/29/2019 Clerk s File OPR 2018-0783 Renews

Submitting Dept WATER HYDROELECTRIC SERVICES Cross Ref Contact Name/Phone STEPHEN 742-8154 Project Contact E-Mail SBURNS@SPOKANECITY.ORG Bid 4496-18 Agenda Item Type Contract Item Requisition CR 20762 Agenda Item Name 4100 - UPRIVER DAM SAFETY INSPECTION - ADDITIONAL FUNDING Agenda Wording

Tagged Passions:rfp, RFP, funding, utility, Utility, contract, services, water, and Hydro Power

Additional scope and 15,000.00 fee on existing contract with HDR Engineering (Bellevue, WA) for Part 12D Safety Inspection Report of Upriver Dam.

No additional detail provided

Tagged Passions:contract

Summary (Background)

Existing contract OPR 2018-0783 was awarded in December 2018 after Request for Qualifications No. 4496-18 for Preparation of the Upriver Dam Eighth Part 12D Safety Inspection Report. During preliminary review for the inspection and Potential Failure Modes Analysis, FERC Engineers discovered seismic deformation analysis of five (5) reinforced earth enclosure sections is required to complete evaluation of the site. Original Contract Value: 90,900.00 Value w/Addendum: 105,900.00 Fiscal Impact Grant related? NO Budget Account Public Works? NO Expense 15,000.00 4100-42460-34148-54201-15716 Select Select Select Approvals Council Notifications Dept Head KEGLEY, DANIEL Study Session Division Director KEGLEY, DANIEL Other UE 8/12/2019 Finance ALBIN-MOORE, ANGELA Distribution List Legal ODLE, MARI sburns@spokanecity.org For the Mayor ORMSBY, MICHAEL sjohnson@spokanecity.org Additional Approvals wateraccounting@spokanecity.org Purchasing WAHL, CONNIE aduffey@spokanecity.org
Tagged Passions:grant, finance, council, legal, budget, contract, purchasing, Public Works, and public works

Continuation of Wording, Summary, Budget, and Distribution

Agenda Wording price. (East Central Neighborhood Council)
Tagged Passions:council, budget, and neighborhood

Summary (Background)

abandon removal of the sheets to avoid further damage to private property and utilities. The contractor has submitted a claim for the abandoned sheet pile shoring for approximately 350,000 which was reviewed by Engineering Services who deemed the claim as valid. Therefore, it will be necessary to increase the administrative reserve an additional 420,000.00 or 3 to complete the project and have sufficient reserve for any remaining issues that arise while completing the project. Fiscal Impact Budget Account Select Select Distribution List Briefing Paper Urban Experience Committee Division Department: Public Works - Water Department - Upriver
Tagged Passions:budget, utility, Utility, services, water, Public Works, public works, and property

Subject: OPR 2018-0783 Contract addendum - Upriver Dam 8th Part 12D Independent Consultant Safety Inspection - Seismic Evaluation by HDR Engineering, Inc.

No additional detail provided

Tagged Passions:contract and services

Date: July 25, 2019

Author (email phone): Stephen Burns, 509-742-8154, sburns@spokanecity.org

City Council Sponsor:

Executive Sponsor: Dan Kegley Committee(s) Impacted: PIES

Tagged Passions:council

Type of Agenda item: Consent Discussion Strategic Initiative Alignment: (link agenda item to guiding document i.e., Master Plan, Budget , Comp Plan, Policy, Charter, Strategic Plan)

Water Department Upriver Dam Regulatory Compliance Budget Strategic Initiative:
Tagged Passions:regulation, strategic, budget, utility, Utility, water, compliance, and policy

Deadline: December 2019

Outcome: (deliverables, delivery duties, milestones to meet)

Seismic evaluation of five reinforced earth enclosures of Upriver Dam facilities to satisfy a portion of 18 CFR Part 12.

Background/History: Every five years, the City is required to provide FERC with a Part 12D Safety Inspection Report of the city s hydroelectric facility. This will be the eighth report for Upriver Dam. The report and accompanying engineering evaluation and inspection of Upriver Dam must be in accordance with FERC Guidelines, and 18 CFR Part 12, Subpart D, of the Commission s regulations. HDR Engineering, Inc. is performing the inspection via winning Request for Qualifications 4496-18 issued on September 25, 2018 resulting in contract OPR 2018-0783. During preliminary review of Upriver documents in preparation for the inspection and Potential Failure Modes Analysis, FERC Project Engineers discovered that additional information is needed to complete an evaluation of the site. Additional scope and fee need to be added to OPR 2018-0783 for a seismic deformation analysis of five reinforced earth enclosure sections using pseudo-dynamic methods and the latest seismic ground motions developed for the site by the USGS.

Tagged Passions:regulation, facility, boards and commissions, contract, Hydro Power, and history

Executive Summary:

Existing contract OPR 2018-0783 has executed at 90,900.
Tagged Passions:contract

Cost of this addendum is 15,000

All elements of the contract and addendum must be completed by December 2019. Funding is planned from one source: - Water Department Upriver Dam Regulatory Compliance Budget Budget Impact: Approved in current year budget? Yes No Annual/Reoccurring expenditure? Yes No If new, specify funding source: Other budget impacts: (revenue generating, match requirements, etc.)
Tagged Passions:funding, regulation, budget, utility, Utility, contract, water, and compliance

Operations Impact: Consistent with current operations/policy? Yes No Requires change in current operations/policy? Yes No Specify changes required: Known challenges/barriers:

Agenda Sheet for City Council Meeting of: 08/12/2019

Tagged Passions:policy

Date Rec d 7/19/2019 Clerk s File OPR 2019-0586 Renews

No additional detail provided

Submitting Dept ENGINEERING SERVICES Cross Ref Contact Name/Phone JOEL GRAFF 625-7757 Project 2014096 /

Tagged Passions:services

Contact E-Mail JGRAFF@SPOKANECITY.ORG Bid Agenda Item Type Contract Item Requisition CR 20725 Agenda Item Name 0370 - ADMIN RESERVE INCREASE MAX J. KUNEY COMPANY Agenda Wording

Authorization to increase the administrative reserve on the contract with Max J. Kuney Company, for I07c and CSO 34-1 Control Facilities - for an increase of 420,000.00 for a total administrative reserve of 1,833,381.38 or 13 of the contract
Tagged Passions:rfp, RFP, and contract

Summary (Background)

During installation of the sheet pile shoring system at both tanks the Contractor encountered numerous obstructions causing multiple endeavors to get them installed. Upon removal of the sheets, many of the sheets were damaged by the obstructions initially encountered. Some of the damaged sheets were so mangled the removal process started to damage private property and the contractor was ordered to stop the removal process to prevent further damage to private property. A decision was made to Fiscal Impact Grant related? NO Budget Account Public Works? YES Expense 210,000.00 4250 43416 94350 56501 10034 Expense 210,000.00 4250 43416 94350 56501 10100 Select Select Approvals Council Notifications Dept Head TWOHIG, KYLE Study Session Division Director KEGLEY, DANIEL Other PIES 7/22/19 Finance ORLOB, KIMBERLY Distribution List Legal ODLE, MARI eraea@spokanecity.org For the Mayor ORMSBY, MICHAEL publicworksaccounting@spokanecity.org Additional Approvals kgoodman@spokanecity.org Purchasing PRINCE, THEA htrautman@spokanecity.org aduffey@spokanecity.org jgraff@spokanecity.org
Tagged Passions:grant, finance, council, legal, budget, purchasing, Public Works, public works, and property

Continuation of Wording, Summary, Budget, and Distribution

Agenda Wording price. (East Central Neighborhood Council)
Tagged Passions:council, budget, and neighborhood

Summary (Background)

abandon removal of the sheets to avoid further damage to private property and utilities. The contractor has submitted a claim for the abandoned sheet pile shoring for approximately 350,000 which was reviewed by Engineering Services who deemed the claim as valid. Therefore, it will be necessary to increase the administrative reserve an additional 420,000.00 or 3 to complete the project and have sufficient reserve for any remaining issues that arise while completing the project. Fiscal Impact Budget Account Select Select Distribution List Briefing Paper Public Infrastructure, Environmental and Sustainability Committee
Tagged Passions:budget, utility, Utility, services, environment, property, and sustainability

Division Department: Engineering Services

Tagged Passions:services

Subject: I-07c CSO 34-1 Control Facilities Administrative Reserve Increase Date: 7/18/19 Contact (email phone): Joel Graff jgraff@spokanecity.org 625-7757

No additional detail provided

City Council Sponsor: Executive Sponsor: Scott Simmons Committee(s) Impacted: Public Infrastructure, Environmental and Sustainability Committee Type of Agenda item: Consent Discussion Strategic Initiative Alignment: (link agenda item to guiding document i.e., Master Plan, Budget , Comp Plan, Policy, Charter, Strategic Plan)

No additional detail provided

Tagged Passions:council, strategic, budget, environment, policy, and sustainability

These projects are in the Integrated Plan and 6 year sewer plan

Strategic Initiative: Innovative Infrastructure Deadline: Outcome: (deliverables, delivery duties, milestones to meet) For council consideration. Request will be forwarded to the council agenda for approval. Background/History: Engineering Project 2014096 2012088 I-07c CSO 34-1 Control Facilities, is an ongoing CSO project in the East Central neighborhood. During installation of the sheet pile shoring system at both tanks the Contractor encountered numerous obstructions. The Contractor spent a significant amount of time and used every means at their disposal to advance the sheet piles which included renting excavators, renting larger vibratory hammers, using spud piles, using their diesel hammer, and subcontracting a drill rig to complete the shoring systems. The contract included the results of several test pits and bore logs that indicate the material that should have been encountered on site was silty sand and gravel with occasional cobbles. However, as the sheet piles were advanced numerous boulders we removed by excavation or dislodged by the drilling subcontractor or the spud pile and diesel hammer. After about a 7 month delay the contractor successfully installed the shoring systems at both tanks and was able to begin construction on the CSO tanks. Recently the concrete shells of the CSO tanks were complete which allowed the Contractor to remove the sheet pile shoring system. Many of the sheets that were removed were damaged by the obstructions that were encountered during installation. Some of the damaged sheets were so mangled the removal process started to damage private property and the contractor was ordered to stop the removal process to prevent further damage to private property. The decision was made to abandon the remaining sheet pile shoring in place to prevent further damage to private property and utilities. The contractor has submitted a claim for the abandoned sheet pile shoring for approximately 350,000. After reviewing the claim, Engineering Services believes the claim is valid and the Contractor is compensation for the abandon sheet piles. The total cost of this claim is approximately 350,000. Engineering Services is requesting an additional 3 or 420,000 to complete the project and have sufficient reserve for any remaining issues that arise while completing the project. Executive Summary: Obstructions that were encountered during sheet pile shoring installation have significantly impacted the projects schedule and budget. Payments have been issue to date for 13,032,868.36. The authorized budget with administrative reserve is 15,547,195.12. An additional 3 or 420,000 is being requested to complete the project. Funds will come from CWSRF Ecology Loan Budget Impact: Approved in current year budget? Yes No N/A Annual/Reoccurring expenditure? Yes No N/A If new, specify funding source: Other budget impacts: (revenue generating, match requirements, etc.) Operations Impact: Consistent with current operations/policy? Yes No N/A Requires change in current operations/policy? Yes No N/A Specify changes required: Known challenges/barriers: Agenda Sheet for City Council Meeting of: 08/12/2019

Tagged Passions:compensation, funding, construction, sewer, strategic, budget, utility, Utility, contract, services, property, policy, history, and neighborhood

Date Rec d 7/22/2019 Clerk s File OPR 2019-0587 Renews

No additional detail provided

Submitting Dept STREETS Cross Ref Contact Name/Phone CLINT HARRIS 625-7744 Project Contact E-Mail CEHARRIS@SPOKANECITY.ORG Bid Agenda Item Type Contract Item Requisition CR 20736 Agenda Item Name 1100 - PILOT/STUDY SLURRY SEAL MAINTENANCE Agenda Wording

Pilot/Study Slurry Seal Maintenance in partnership with Spokane County - 2019 Slurry Seal.
Tagged Passions:rfp, RFP, streets, and contract

Summary (Background)

The City Street Department is looking at new tools to preserve streets and extend the life. Slurry seal is used in other areas/cities to seal street surfaces. The City will utilize a Vancouver Contract to hire Intermountain Slurry Seal, Inc., Reno, NV, to complete a slurry seal project for an amount not to exceed 212,098.50. Streets proposed to slurry seal are: Bernard (14th- 29th), Washington (Indian - Buckeye) and Wall (Wellesley - Francis). Fiscal Impact Grant related? NO Budget Account Public Works? YES Expense 212,098.50 1100 21700 42300 54201 99999 Select Select Select Approvals Council Notifications Dept Head HARRIS, CLINT E. Study Session Division Director KEGLEY, DANIEL Other Pending Finance ORLOB, KIMBERLY Distribution List Legal PICCOLO, MIKE eraea@spokanecity.org For the Mayor ORMSBY, MICHAEL ceharris@spokanecity.org Additional Approvals Purchasing PRINCE, THEA
Tagged Passions:grant, finance, council, legal, streets, budget, contract, purchasing, Public Works, and public works

Continuation of Wording, Summary, Budget, and Distribution

Agenda Wording price. (East Central Neighborhood Council)
Tagged Passions:council, budget, and neighborhood

Summary (Background)

abandon removal of the sheets to avoid further damage to private property and utilities. The contractor has submitted a claim for the abandoned sheet pile shoring for approximately 350,000 which was reviewed by Engineering Services who deemed the claim as valid. Therefore, it will be necessary to increase the administrative reserve an additional 420,000.00 or 3 to complete the project and have sufficient reserve for any remaining issues that arise while completing the project. Fiscal Impact Budget Account Select Select Distribution List Briefing Paper Public Infrastructure, Environment and Sustainability
Tagged Passions:budget, utility, Utility, services, Conservation, environment, property, and sustainability

Division Department: Street

Tagged Passions:streets

Subject: Pilot/Study Slurry Seal Maintenance in partnership with County - 2019 Slurry Seal

Date: July 22, 2019 Contact (email phone): ceharris@spokanecity.org 625-7744

City Council Sponsor: Breean Beggs Executive Sponsor: Scott Simmons Committee(s) Impacted: PIES Type of Agenda item: Consent Discussion Strategic Initiative Alignment: (link agenda item to guiding document i.e., Master Plan, Budget , Comp Plan, Policy, Charter, Strategic Plan)

No additional detail provided

Tagged Passions:council, strategic, budget, and policy

Strategic Initiative: Pilot/Study Slurry Seal Maintenance in partnership with County Deadline: Outcome: Complete 4.16 lane miles of Slurry seal on City Streets Background/History: The City Street Department is looking at new tools to preserve streets and extend the life. Slurry seal is used in other areas/cities to seal street surfaces. The City will utilize a Vancouver Contract to hire a slurry seal contractor to complete a slurry seal project. Scheduling of this work is coordinated with the county to coincide simultaneously. Streets proposed to slurry seal are: Bernard (14th- 29th), Washington (Indian Buckeye) and Wall (Wellesley Francis). Executive Summary:

Complete slurry seal on 4.16 lane miles of road Intermountain Slurry Seal will be hired to perform the work. Approximate cost will be 212,098.50 Joint Agency City of Vancouver Contract will be utilized. Budget Impact: Approved in current year budget? Yes No N/A Annual/Reoccurring expenditure? Yes No N/A If new, specify funding source: Street Arterial Other budget impacts: (revenue generating, match requirements, etc.) Operations Impact: Consistent with current operations/policy? Yes No N/A Requires change in current operations/policy? Yes No N/A Specify changes required: Known challenges/barriers:
Tagged Passions:funding, strategic, streets, budget, contract, policy, and history

1
City Clerk's No. _______________

This Contract is made and entered into by and between the CITY OF SPOKANE as ( City ), a Washington municipal corporation, and INTERMOUNTAIN SLURRY SEAL, INC., whose address is 1120 Terminal Way, Reno, Nevada 89502 as ( Contractor ), individually hereafter referenced as a party , and together as the parties .. WHEREAS, the purpose of this Contract is for the Pilot/Study Slurry Seal Maintenance in partnership with County - 2019 Slurry Seal; and WHEREAS, the Contractor was selected through the City of Vancouver contract with Intermountain Slurry Seal, No. C-100067. 1. TERM OF CONTRACT. The term of this Contract begins on July __, 2019, and ends on October 31, 2019, unless amended by written agreement or terminated earlier under the provisions.
Tagged Passions:contract

2.
TIME OF BEGINNING AND COMPLETION. The Contractor shall begin the work outlined in the Scope of Work ( Work ) on the beginning date, above. The City will acknowledge in writing when the Work is complete. Time limits established under this Contract shall not be extended because of delays for which the Contractor is responsible, but may be extended by the City, in writing, for the City s convenience or conditions beyond the Contractor s control.

3. SCOPE OF WORK. The Contractor s General Scope of Work for this Contract is described in their Proposal and Construction Contract and General Conditions, which is attached as Exhibit A and made a part of this Contract. In the event of a conflict or discrepancy in the Contract documents, this City Public Works Contract controls. The Contractor will do all work, furnish all labor, materials, tools, construction equipment, transportation, supplies, supervision, organization and other items of work and costs necessary for the proper execution and completion of the work described in the specifications entitled Pilot/Study Slurry Seal Maintenance in partnership with County - 2019 Slurry Seal. The Work is subject to City review and approval. The Contractor shall confer with the City periodically, and prepare and present information and materials (e.g. detailed outline of completed Work) requested by the City to determine the adequacy of the Work or Contractor s progress.

Tagged Passions:construction, equipment, contract, transportation, materials, events, Public Works, and public works

4.
COMPENSATION. Total compensation for Contractor s services under this Contract shall be a maximum amount not to exceed TWO HUNDRED TWELVE THOUSAND NINETY EIGHT

No additional detail provided

Tagged Passions:compensation, contract, and services

City of Spokane

PUBLIC WORKS CONTRACT

No additional detail provided

Tagged Passions:contract, Public Works, and public works

Title: 2019 SLURRY SEAL

2
AND 50/100 DOLLARS ( 212,098.50), excluding applicable taxes, unless modified by a written amendment to this Contract. This is the maximum amount to be paid under this Contract for the work described in Section 3 above, and shall not be exceeded without the prior written authorization of the City in the form of an executed amendment to this Contract.

5. PAYMENT. The Contractor will send its applications for payment to the Engineering Services Department, 808 West Spokane Falls Blvd., Second Floor, Spokane, Washington 99201. All invoices should include the Department Contract No. OPR XXXX-XXXX and an approved L I Intent to Pay Prevailing Wage number. The final invoice should include an approved Affidavit of Wages Paid number. Payment will not be made without this documentation included on the invoice. Payment will be made via direct deposit/ACH within thirty (30) days after receipt of the Company's application except as provided by state law. Five percent (5 ) of the Contract price may be retained by the City, in accord with RCW 60.28 for a minimum of forty five (45) days after final acceptance, as a trust fund for the protection and payment of: the claims of any person arising under the Contract; and the State with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due from the Contractor.
Tagged Passions:taxes, Taxes, contract, and services

6.
WAGES. Contractor will comply with the Davis Bacon Act (40 USC 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ). Minimum wages paid by the Contractor will be those determined by the Secretary of Labor under the Davis Bacon Act, 40 USC 276(a). In the event that a state minimum wage rate exceeds a Department of Labor rate, the conflict will be resolved by applying the higher rate. The Contractor and all subcontractors will submit a Statement of Intent to Pay Prevailing Wages certified by the industrial statistician of the State Department of Labor and Industries, prior to any payments. The Statement of Intent to Pay Prevailing Wages shall include: (1) the Contractor's registration number; and (2) the prevailing rate of wage for each classification of workers entitled to prevailing wages under RCW 39.12.020 and the number of workers in each classification. Each voucher claim submitted by the Contractor for payment on a project estimate shall state that the prevailing wages have been paid in accordance with the Statement(s) of Intent to Pay Prevailing Wages on file with the City.

No additional detail provided

Tagged Passions:regulation, construction, finance, industrial, University of South Carolina, contract, events, and minimum wage

Under 40 USC 3702 of the Act, contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or mechanic may be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

Tagged Passions:University of South Carolina

7.
STATEMENT OF INTENT TO PAY PREVAILING WAGES TO BE POSTED. The Contractor and each subcontractor required to pay the prevailing rate of wages shall post in a location readily visible at the job site: (1) a copy of a Statement of Intent to Pay Prevailing Wages approved by the industrial statistician of the State Department of Labor and Industries; and (2) the address and telephone number of the industrial statistician of the Department of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made.

8. PUBLIC WORKS REQUIREMENTS. The Contractor and each subcontractor are required to fulfill the Department of Labor and Industries Public Works and Prevailing Wage Training Requirement under RCW 39.04.350. The contractor must verify responsibility criteria for each

Tagged Passions:industrial, training, Public Works, and public works

3
first tier subcontractor, and a subcontractor of any tier that hires other subcontractors must verify the responsibility criteria listed in RCW 39.04.350(1) for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria. This verification requirement, as well as responsibility criteria, must be included in every public works contract and subcontract of every tier.

Tagged Passions:contract, Public Works, and public works

9.
INDEMNIFICATION. The Contractor shall defend, indemnify, and hold the City and its officers and employees harmless from all claims, demands, or suits at law or equity asserted by third parties for bodily injury (including death) and/or property damage which arise from the Contractor s negligence or willful misconduct under this Agreement, including attorneys fees and litigation costs; provided that nothing herein shall require a Contractor to indemnify the City against and hold harmless the City from claims, demands or suits based solely upon the negligence of the City, its agents, officers, and employees. If a claim or suit is caused by or results from the concurrent negligence of the Contractor s agents or employees and the City, its agents, officers and employees, this indemnity provision shall be valid and enforceable to the extent of the negligence of the Contractor, its agents or employees. The Contractor specifically assumes liability and agrees to defend, indemnify, and hold the City harmless for actions brought by the Contractor s own employees against the City and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the Washington State industrial insurance law, or Title 51 RCW. The Contractor recognizes that this waiver was specifically entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. The indemnity and agreement to defend and hold the City harmless provided for in this section shall survive any termination or expiration of this agreement.

No additional detail provided

Tagged Passions:recognition, legal, industrial, insurance, and property

10.
BONDS. The Contractor may not commence work until it obtains all insurance, permits and bonds required by the contract documents and applicable law. This includes the execution of a payment bond and performance bond on the forms attached, each equal to one hundred percent (100 ) of the contract price, and written by a corporate surety company licensed to do business in Washington State.

11. INSURANCE. During the period of the Contract, the Contractor shall maintain in force at its own expense, each insurance noted below with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48: A. Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability Insurance in the amount of 1,000,000;

Tagged Passions:compensation, business, bond, contract, performance, insurance, compliance, and license

B.
General Liability Insurance on an occurrence basis, with a combined single limit of not less than 1,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this Contract. It shall provide that the City, its officers and employees are additional insureds but only with respect to the Contractor's services to be provided under this Contract;

No additional detail provided

Tagged Passions:contract, services, insurance, and property

i.
Acceptable supplementary Umbrella insurance coverage combined with Company s General Liability insurance policy must be a minimum of 1,000,000, in order to meet the insurance coverage limits required in this Contract; and

No additional detail provided

Tagged Passions:contract, insurance, and policy

C.
Automobile Liability Insurance with a combined single limit, or the equivalent of not

No additional detail provided

Tagged Passions:transportation and insurance

4
less than 1,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non-owned vehicles; and

No additional detail provided

Tagged Passions:property

D.
Property Insurance if materials and supplies are furnished by the Contractor. The amount of the insurance coverage shall be the value of the materials and supplies of the completed value of improvement. Hazard or XCU (explosion, collapse, underground) insurance should be provided if any hazard exists.

There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without sixty (60) days written notice from the Consultant or its insurer(s) to the City. As evidence of the insurance coverage(s) required by this Agreement, the Consultant shall furnish acceptable Certificates of Insurance (COI) to the City at the time it returns this signed Agreement. The certificate shall specify the City of Spokane as Additional Insured specifically for Consultant s services under this Agreement, as well as all of the parties who are additional insureds, and include applicable policy endorsements, the sixty (60) day cancellation clause, and the deduction or retention level. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. CONTRACTOR S WARRANTY. The Contractor s warranty for all work, labor and materials shall be in accordance with the contract documents.

Tagged Passions:contract, materials, services, insurance, property, and policy

13.
SUBCONTRACTOR RESPONSIBILITY.

No additional detail provided

A.
The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the City, the Contractor shall promptly provide documentation to the City demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier.

Tagged Passions:contract

B.
At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria:

1. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number;
Tagged Passions:rfp, RFP, business, and compliance

3.
If applicable, have:

No additional detail provided

a.
Have Industrial Insurance (workers compensation) coverage for the

subcontractor s employees working in Washington, as required in Title 51 RCW;

Tagged Passions:compensation, industrial, and insurance

b.
A Washington Employment Security Department number, as required in Title 50 RCW;

No additional detail provided

Tagged Passions:security and employment

c.
A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW;

No additional detail provided

Tagged Passions:taxes and Taxes

5
d. An electrical contractor license, if required by Chapter 19.28 RCW; e. An elevator contractor license, if required by Chapter 70.87 RCW.

Tagged Passions:license

4.
Not be disqualified from bidding on any public works contract under RCW

No additional detail provided

Tagged Passions:contract, Public Works, and public works

39.06.010 or 39.12.065 (3).

C. All Contractors and subcontractors are required to comply with the Spokane Municipal Code (SMC). In accordance with Article X, 7.06 SMC, Public Works Apprentice Program, for public works construction projects as defined in RCW 39.04.010 with an estimated cost of six hundred thousand dollars ( 600,000.00) or more, at least fifteen (15 ) percent of the total contract labor project (all contractor and subcontractor hours) shall be performed by apprentices enrolled in a state-approved apprenticeship program.

Tagged Passions:construction, contract, program, Public Works, and public works

1.
The utilization percentage requirement of apprenticeship labor for public works construction contracts shall also apply to all subcontracts which value exceeds one hundred thousand dollars ( 100,000), provided there is a state-approved apprenticeship program for the trade for which a subcontract is issued (see, SMC 7.06.510).

2. Each subcontractor which this chapter applies is required to execute a form, provided by the city, acknowledging that the requirements of Article X 07.06 SMC are applicable to the labor hours for the project.
Tagged Passions:construction, contract, program, Public Works, public works, and trade

3.
Each subcontractor is required to submit by the 15th of each month, a City of

No additional detail provided

Spokane Statement of Apprentice/Journeyman Participation form for worked performed the previous month.

No additional detail provided

14.
NONDISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this Contract because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation including gender expression or gender identity, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. The Contractor agrees to comply with, and to require that all subcontractors comply with, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as applicable to the Contractor.

No additional detail provided

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15.
EXECUTIVE ORDER 11246.

A.
The Contractor will not discriminate against any employee or applicant for employment

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because of race, color, religion, sex or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

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B.
The Contractor will, in all solicitations or advertisements for employees placed by or on

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6
behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

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C.
The Contractor will send each labor union, or representative of workers with which it has a collective bargaining contract or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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D.
The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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E.
The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

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F.
In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

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G.
The Contractor will include the provisions of paragraphs A through G in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: PROVIDED, HOWEVER, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as the result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

16. DEBARMENT AND SUSPENSION. The Contractor has provided its certification that it is in compliance with and shall not contract with individuals or organizations which are debarred, suspended, or otherwise excluded from or ineligible from participation in Federal Assistance Programs under Executive Order 12549 and Debarment and Suspension , codified at 29 CFR part 98.
Tagged Passions:regulation, legal, contract, events, program, purchasing, and compliance

17.
ASSIGNMENTS. The Contractor may not assign, transfer or sublet any part of the work under this Contract, or assign any monies due, without the written approval of the City, except as may be required by law. In the event of assignment of accounts or monies due under this Contract, the Contractor specifically agrees to give immediate written notice to the City Administrator, no later than five (5) business days after the assignment.

No additional detail provided

Tagged Passions:business, contract, events, and administrator

18.
ANTI-KICKBACK. No officer or employee of the City of Spokane, having the power or duty to perform an official act or action related to this Contract shall have or acquire any interest in the Contract, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Contract. Contractor will comply with

No additional detail provided

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7
the Copeland Anti-Kickback Act (40 USC 3145), as supplemented by Department of Labor Regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ).

No additional detail provided

Tagged Passions:grant, regulation, finance, and University of South Carolina

19.
COMPLIANCE WITH LAWS. Each party shall comply with all applicable federal, state, and local laws and regulations that are incorporated herein by reference.

No additional detail provided

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20.
DISPUTES. This Contract shall be performed under the laws of the State of Washington. Any litigation to enforce this Contract or any of its provisions shall be brought in Spokane County, Washington.

21. SEVERABILITY. In the event any provision of this Contract should become invalid, the rest of the Contract shall remain in full force and effect. 22. AUDIT / RECORDS. The Contractor and its subcontractors shall maintain for a mi6imum of three (3) years following final payment all records related to its performance of the Contract. The Contractor and its subcontractors shall provide access to authorized City representatives, at reasonable times and in a reasonable manner to inspect and copy any such record. In the event of conflict between this provision and related auditing provisions required under federal law applicable to the Contract, the federal law shall prevail.

Tagged Passions:legal, contract, events, performance, and audit

23.
BUSINESS REGISTRATION REQUIREMENT. Section 8.01.070 of the Spokane Municipal Code states that no person may engage in business with the City without first having obtained a valid annual business registration. The Contractor shall be responsible for contacting the State of Washington Business License Services at http://bls.dor.wa.gov or 1-800-451-7985 to obtain a business registration. If the Contractor does not believe it is required to obtain a business registration, it may contact the City s Taxes and Licenses Division at (509) 625-6070 to request an exemption status determination.

No additional detail provided

Tagged Passions:business, taxes, Taxes, services, license, business license, and housing

24.
CONSTRUAL. The Contractor acknowledges receipt of a copy of the contract documents and agrees to comply with them. The silence or omission in the contract documents concerning any detail required for the proper execution and completion of the work means that only the best general practice is to prevail and that only material and workmanship of the best quality are to be used. This Contract shall be construed neither in favor of nor against either party.

No additional detail provided

Tagged Passions:contract

25.
MODIFICATIONS. The City may modify this Contract and order changes in the work whenever necessary or advisable. The Contractor will accept modifications when ordered in writing by the Director of Engineering Services, and the Contract time and compensation will be adjusted accordingly.

No additional detail provided

Tagged Passions:compensation, contract, and services

26.
INTEGRATION. This Contract, including any and all exhibits and schedules referred to herein or therein set forth the entire Agreement and understanding between the parties pertaining to the subject matter and merges all prior agreements, negotiations and discussions between them on the same subject matter.

No additional detail provided

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27.
FORCE MAJEURE. Neither party shall be liable to the other for any failure or delay in performing its obligations hereunder, or for any loss or damage resulting therefrom, due to: (1) acts of God or public enemy, acts of government, riots, terrorism, fires, floods, strikes, lock outs, epidemics, act or failure to act by the other party, or unusually severe weather affecting City,

No additional detail provided

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8
Contractor or its subcontractors, or (2) causes beyond their reasonable control and which are not foreseeable (each a Force Majeure Event ). In the event of any such Force Majeure Event, the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay.

INTERMOUNTAIN SLURRY SEAL, INC. CITY OF SPOKANE By_________________________________ By ________________________________ Signature Date Signature Date
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___________________________________ ___________________________________ Type or Print Name Type or Print Name

___________________________________ ___________________________________ Title Title

Attest: Approved as to form:

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___________________________________ ___________________________________ City Clerk Assistant City Attorney

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Attachments that are part of this Contract: Payment Bond Performance Bond Certification Regarding Debarment Company s Proposal and Construction Contract and General Conditions

19-126
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9
PAYMENT BOND

We, INTERMOUNTAIN SLURRY SEAL, INC., as principal, and ___________________________, as surety, are held and firmly bound to the City of Spokane, Washington, in the sum of TWO HUNDRED TWELVE THOUSAND NINETY EIGHT AND 50/100 DOLLARS ( 212,098.50), excluding applicable taxes, for the payment of which, we bind ourselves and our legal representatives and successors, jointly and severally by this document. The principal has entered into a contract with the City of Spokane, Washington, to do all work and furnish all materials for the Pilot/Study Slurry Seal Maintenance in partnership with County - 2019 Slurry Seal. If the principal shall:
Tagged Passions:legal, taxes, Taxes, bond, contract, and materials

A.
pay all laborers, mechanics, subcontractors, material suppliers and all person(s) who shall

supply such person or subcontractors; and pay all taxes and contributions, increases and penalties as authorized by law; and B. comply with all applicable federal, state and local laws and regulations; then this obligation shall be null and void; otherwise it 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, except as provided herein, 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 not required for such in- creased obligation... Any judgment obtained against the City, which relates to or is covered by the contract or this bond, shall be conclusive against the principal and the surety, as to the amount of damages, and their liability, if reasonable notice of the suit has been given.

Tagged Passions:regulation, taxes, Taxes, bond, and contract

SIGNED AND SEALED on ___________________________________________.

INTERMOUNTAIN SLURRY SEAL, INC., AS PRINCIPAL By: ________________________________ Title: ____________________________ __________________________________, AS SURETY A valid POWER OF ATTORNEY for the Surety's agent must By: ________________________________ accompany this bond. Its Attorney in Fact
Tagged Passions:legal and bond

10
STATE OF WASHINGTON ) ) ss. County of __________________ )

I
certify that I know or have satisfactory evidence that_______________________ _________________________signed this document; on oath stated that he/she was author- ized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the State of Washington, for the uses and purposes therein mentioned.

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DATED: _____________________ _________________________________ Signature of Notary Public

My appointment expires ______________ Approved as to form:
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____________________________ Assistant City Attorney

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11
PERFORMANCE BOND

We, INTERMOUNTAIN SLURRY SEAL, INC., as principal, and ___________________________, as Surety, are held and firmly bound to the City of Spokane, Washington, in the sum of TWO HUNDRED TWELVE THOUSAND NINETY EIGHT AND 50/100 DOLLARS ( 212,098.50), excluding applicable taxes, for the payment of which, we bind ourselves and our legal representatives and successors, jointly and severally by this document. The principal has entered into a Contract with the City of Spokane, Washington, to do all the work and furnish all materials for the Pilot/Study Slurry Seal Maintenance in partnership with County - 2019 Slurry Seal. If the principal shall:

Tagged Passions:legal, taxes, Taxes, bond, contract, materials, and performance

A.
promptly and faithfully perform the Contract, and any contractual guaranty and indemnify and

No additional detail provided

Tagged Passions:contract

hold harmless the City from all loss, damage or claim which may result from any act or omis- sion of the principal, its agents, employees, or subcontractors; and

B. comply with all applicable federal, state and local laws and regulations; then this obligation shall be null and void; otherwise it 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, except as provided herein, 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 not required for such in- creased obligation. Any judgment obtained against the City, which relates to or is covered by the Contract or this bond, shall be conclusive against the principal and the Surety, not only as to the amount of damages, but also as to their liability, if reasonable notice of the suit has been given.
Tagged Passions:regulation, bond, and contract

SIGNED AND SEALED on ___________________________________________

INTERMOUNTAIN SLURRY SEAL, INC., AS PRINCIPAL By: ________________________________ Title: ____________________________ __________________________________, AS SURETY A valid POWER OF ATTORNEY for the Surety's agent must By: ________________________________ accompany this bond. Its Attorney in Fact
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12
STATE OF WASHINGTON ) ) ss. County of _________________ )

No additional detail provided

I
certify that I know or have satisfactory evidence that _____________________ ___________________________________________ signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named Surety Company which is authorized to do business in the State of Washington, for the uses and purposes mentioned in this document.

DATED on _______________________________________________________.
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___________________________________ Signature of Notary

My appointment expires ________________ Approved as to form: ______________________________ Assistant City Attorney

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13
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

No additional detail provided

1.
The undersigned (i.e., signatory for the Subrecipient / Contractor / Consultant) certifies, to the best of its knowledge and

belief, that it and its principals:
Tagged Passions:services

a.
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

No additional detail provided

b.
Have not within a three-year period preceding this contract been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice;

No additional detail provided

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c.
Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and,

No additional detail provided

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d.
Have not within a three-year period preceding this contract had one or more public transactions (federal, state, or local) terminated for cause or default.

No additional detail provided

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2.
The undersigned agrees by signing this contract that it shall not knowingly enter into any lower tier covered transaction

with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
Tagged Passions:contract

3.
The undersigned further agrees by signing this contract that it will include the following clause, without modification, in

all lower tier covered transactions and in all solicitations for lower tier covered transactions: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Tagged Passions:contract and solicitation

1.
The lower tier contractor certified, by signing this contract that neither it nor its principals is presently

debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
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2.
Where the lower tier contractor is unable to certify to any of the statements in this contract, such

contractor shall attach an explanation to this contract.
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4.
I understand that a false statement of this certification may be grounds for termination of the contract.

No additional detail provided

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Name of Subrecipient / Contractor / Consultant (Type or Print)

Program Title (Type or Print)
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Name of Certifying Official (Type or Print)

Title of Certifying Official (Type or Print)

Signature Date (Type or Print) PROPOSAL AND CONSTRUCTION CONTRACT
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Intermountain Slurry Seal, Inc

1120 Terminal Way Reno, Nevada 89502

PHONE: (775) 358-1355

FAX: (775) 355-3458

NV Contractors LIC 0023657

Date of Proposal: 7/16/2019 Proposal Valid Until: 30 Days

TO: City of Spokane

Attn.: Clint Harris Streets Manager EMAIL: ceharris@spokanecity.org Description and Location of Work: Type 2 Microsurfacing ITEM ITEM DESCRIPTION APPROX QTY UNITS UNIT PRICE TOTAL 1 Mobilization 1.00 LS 42,000.00 42,000.00

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2
Traffic Control 1.00 LS 65,000.00 65,000.00

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3
Type II Micro 56,810.00 SY 1.85 105,098.50

Special Conditions/Exclusions: 1) This quote is based on one move-in, additional move-ins will be charged at 10,500.00 each. (Move-in defined as a deviation from agreed upon work schedule)

2) Not responsible for reflective cracking or sub-grade failure. 3) This proposal is based on all work being performed in one mobilization. Three weeks lead time

required for mobilization. 4) Proposal assumes mutually agreeable commercial legal terms and conditions will be reached. 5) A suitable stockpile location and water source to be furnished by others. 6) This Proposal and Construction Contract is subject to the terms and conditions attached.

Tagged Passions:drugs, construction, legal, utility, Utility, contract, water, and commercial

If you have any questions regarding this proposal, please give me a call at (775) 358-1355. Thank you

for your consideration. Sincerely, Marc Thoreson Marc Thoreson Construction Manager GENERAL CONDITIONS
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This Proposal and Construction Contract assumes that mutually agreeable commercial and legal terms and conditions will be reached.

No additional detail provided

Tagged Passions:construction, legal, contract, and commercial

This Proposal and Construction Contract, including, General Conditions and attachments hereto, if any identified in Special Conditions (herein Contract ) is entered into as of the date of proposal by and between Intermountain Slurry Seal, Inc and City of Spokane, WA herein called Owner . Owner and Contractor agree as follows: Contractor shall commence and continue thereafter to diligently perform the Work in accordance with mutually agreed upon schedule. The mutually agreed upon schedule shall provide for N/A working days in which to perform the Work. A working day is defined as any day except Saturday, Sunday, and Legal Holidays and except days on which Contractor is prevented from proceeding with at least ninety percent of the normal labor and/or equipment force required to perform the Work due to events or circumstances beyond the control of Contractor including, but not limited to, those events or circumstances identified in Sections 7 and 8 in the General Conditions.

No additional detail provided

Tagged Passions:construction, equipment, legal, contract, events, and holiday

1.
WORKMANSHIP AND MATERIALS: Contractor acknowledges that it is familiar with the nature and location of the Work. All Work shall be performed by Contractor in a workmanlike manner, and in accordance with industry standards. 2. PAYMENTS: Contractor shall receive progress payments monthly in proportion to the amount of Work performed during the period covered by Contractor s billing. Progress payments will be made within ten (10) days after Owner receives a billing from Contractor setting forth the amount due for the Work performed and covered by the billing. Owner shall pay to Contractor, as full compensation for performance by Contractor of the Work (herein Contract Amount ) the following amount 212,098.50. Progress payments shall be 100 of the estimate and the sum of 1.5 per month shall be added to any balance unpaid when due. The Contract amount shall include all applicable Sales, Use, Franchise, Excise and other taxes which may now or hereafter be levied. In the event the above price is a unit price based on quantities, final payment shall be for actual quantities jointly determined by the Owner and Contractor, upon completion of all Work hereunder. Contractor shall have the right to terminate this Contract if Owner is unable to demonstrate to the satisfaction of Contractor prior to commencement of Work (or at anytime during the course of the Work in response to the written request of Contractor) Owner s ability to make payments for the Work to be performed hereunder in the manner and at the times set forth herein.Final payment shall be due Contractor within ten (10) days after (i) Owner s receipt of a final billing from Contractor or (ii) completion of the Work, whichever shall occur last. The proportionate amount of Work billed on Contractor s progress billings shall be subject to the approval of Owner. Progress payments shall not be construed as an acceptance of any Work, the entire Work being subject to final inspection and approval by Owner. As it would be extremely difficult to fix and ascertain the actual damages the Contractor would sustain by Owner s failure to pay moneys due to Contractor under the terms of this Contract at the times and in the manner specified herein, it is hereby agreed by the parties hereto that the Owner shall pay to the Contractor in addition to all sums due hereunder the sum of the percentage per month. Nothing contained herein shall be deemed consent by the Contractor for extending the due date for payment under this Contract. No retention will be held on private work. 3. CHANGES IN THE WORK: Owner may, from time to time, by instructions or drawings issued to Contractor, make changes to the scope of the Work, issue additional instructions, request additional Work or direct the omission of Work previously ordered, and the provisions of this Contract shall apply to all such changes, modifications and additions with the same effect as if they were embodied in the original contract. The price or a formula for establishing the price and any time impacts to the schedule for such Work shall be set forth in a written change order either prior to the commencement of work or as soon as practical thereafter and shall be mutually agreed upon with Contractor. Absent the parties agreement to price and/or time extension for a change in the Work, Owner shall pay Contractor its actual direct costs in completing said extra Work plus a mark-up of 15 percent thereon for overhead and profit. 4. INDEMNITY: Contractor shall indemnify and hold Owner harmless against all claims, damage suits, actions, recoveries and judgments caused by the negligence of Contractor, its agents, employees, or subcontractors, in performing the Work. 5. RESPONSIBILITY FOR WORK: Contractor shall be responsible for and shall bear any loss of or damage to the Work and all materials, supplies and equipment until such time as Contractor has de- mobilized from the Work site. In no event, shall Contractor be liable for such loss or damage that results from the actions, omissions, fault or negligence, either active or passive, of the Owner, Owner s representatives, agents, employees, its other contractors or anyone acting on Owner s behalf or others over whom Contractor has no authority or control. 6. INSURANCE: Contractor shall maintain such insurance as will protect it from claims under workers compensation acts and from claims for damages because of bodily injury, including death, or injury to property which may arise from and during the operation of this Contract. A certificate of such insurance shall be provided to the Owner if the Owner so requests. 7. DELAYS BEYOND CONTROL OF CONTRACTOR: In the event Contractor shall be delayed in the performance of the Work under this Contract by causes beyond the control of the Contractor and not caused by Contractor s negligence, including, but not limited to, Change Orders, Acts of God, or of the public enemy, acts of any governmental agency, fire, flood, epidemics, strikes, freight embargoes, inclement weather, over optimum moisture content of ground or base course, unsuitable ground conditions or delays caused by other contractors, their subcontractors of any tier and the suppliers to any of the foregoing, Contractor shall have a time extension to the mutually agreed schedule for the time caused by said delay and shall be paid its additional costs incurred as a result of the delay, including labor and material cost or price escalations, and extended jobsite and home office overhead. 8. DIFFERING SITE CONDITIONS: (A) Contractor shall promptly, and before the conditions are disturbed, give a written notice to Owner of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this Contract, including but not limited to any subsurface utilities not accurately shown on plans or drawings, or (2) unknown physical conditions at the site of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, or (3) the existence of contaminated, toxic or hazardous materials or conditions not specifically described in type, character, or quantity in a Work Order, which existence is deemed to be a differing site condition. (B) Owner shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ or are deemed to so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the Work under this Contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the Contract price increased to reflect Contractor s increased costs plus a mark-up of 15 percent, and the mutually agreed schedule extended accordingly. 9.LAWS AND REGULATIONS: Contractor shall at all times comply with all applicable safety, licensing, employment and environmental laws, ordinances, statutes, rules and regulations of the Federal Government, State, County, Municipalities or their Agencies of Government (herein Law or Laws ). 10. OWNER: Owner represents he/she/it is the Owner in fee simple of the real property upon which the construction improvement is to be made. 11. ACCEPTANCE: Upon receipt of written notice from Contractor requesting acceptance of the Work being performed hereunder, Owner and Contractor shall promptly inspect the job jointly and, in the event the same has been completed in conformity herewith, provide Contractor with a Notice of Completion in recordable manner and form. In the event the Work performed is subject to further inspection and/or final acceptance by another person or entity, and such inspection and/or final acceptance cannot be obtained through no fault of Contractor, then in such event the Work shall be deemed completed and accepted. Contractor shall warrant its Work against defects in materials and workmanship for a period of one year from the date of completion of the Work. 12. PERMITS: Owner will obtain and pay for all permits, inspection fees, soils test, engineering, staking, fees for utility connections, or other such similar items required for the performance of Work hereunder. 13. SUBCONTRACTING: Contractor shall have the right to subcontract any portion of the Work hereunder, and all Work performed by subcontractors shall be subject to all of the applicable Contract terms and conditions. 14. LIENS AND CLAIMS: Provided Contractor has been, and continues to be, timely paid all amounts due it, Contractor shall promptly pay valid claims of all persons, firms or corporations performing labor or furnishing equipment, materials and other items used in, upon or for the Work done hereunder. 15. FAILURE TO MAKE PAYMENTS: In the event Owner shall fail to make payment at the times and in the amounts provided for in this Contract, Contractor shall have the right to stop Work. In such event all amounts due Contractor, including retention, if any, shall immediately become payable and Contractor shall have the right to recover all damages sustained by Contractor as a result of such breach of contract by Owner. 16. DEFAULT: In the event Contractor shall fail to timely perform any provision of this Contract and if such failure should continue for thirty (30) days after receipt of written notice from Owner, then Owner may terminate this Contract and cause the balance of the Work to be completed by other parties. In any such event, if the reasonable cost of such completion exceeds the unpaid balance due on the Contract price, Contractor shall promptly pay such difference to Owner; otherwise, the unpaid contract balance shall be paid to Contractor.The Owner and Contractor each waive the right to recover from the other any indirect, incidental or consequential damages regardless of how such damages are caused. 17. COSTS AND ATTORNEYS FEES: Should either party bring suit in court to enforce or interpret any of the terms hereof, or for a breach thereof, and/or to foreclose any mechanic s lien attributable to the Work done hereunder, the prevailing party shall be entitled to cost and reasonable attorneys fees, which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled. 18. NOTICES: Any notice required or permitted hereunder shall be served personally on Contractor s construction manager or on the representative of Owner at the job site, or may be served by certified mail directed to the address of the party shown on the face of the Contract. Notices shall be effective upon receipt by the intended recipient. 19. ASSIGNMENT: Neither party shall assign all or any portion of this Contract without first obtaining the signed written consent of the other party. Subject to the foregoing, this agreement shall be binding upon and inure to the heirs, successors and assigns of the parties hereto. 20. WAIVER OF RIGHTS: Failure to enforce any rights hereunder shall not waive any rights in respect of other or future occurrences. 21. SEVERABILITY: To the best knowledge and belief of the Parties, this Contract now contains no provision that is contrary to any Laws. In the event that any provision of this Contract shall at any time contravene in whole or in part any applicable Law, then such provision shall remain in effect only to the extent permitted, and the remaining provisions hereof shall remain in full force and effect. 22. JURISDICTION: It is understood and agreed that each and every provision of this Contract, including any alleged breach thereof, shall be interpreted in accordance with the laws of the state where the Work is to be performed.

OWNER ACKNOWLEDGES THAT INTERMOUNTAIN SLURRY SEAL, INC IS A NON-UNION COMPANY. OWNER AND CONTRACTOR AGREE THAT CONTRACTOR WILL NOT BE REQUIRED TO BECOME SIGNATORY TO ANY UNION AGREEMENTS OR IN ANY WAY BE BOUND TO ANY COLLECTIVE BARGAINING AGREEMENTS OR THE OBLIGATIONS THEREUNDER.

Tagged Passions:union

For Work performed within the State of Nevada:, Section 108.246 of the Nevada Revised Statutes requires the following notification to Owner: The provisions of NRS 108.245, a part of the Mechanic s Lien Law of the State of Nevada requires, for your information and protection from hidden liens, that each person or other legal entity which supplies materials to or performs work or services on a construction project, other than one who performs only labor, shall deliver to the owner a notice of the materials supplied or the work or services performed. You may receive such notices in connection with the construction project which you propose to undertake.

No additional detail provided

Tagged Passions:construction, legal, materials, and services

Executed at: Nevada as of the date first above written.


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