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13-232.00 Ace Landscaping*Wane 4•Valley- OFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY ERIK J. LAMB - DEPUTY CITY ATTORNEY 11707 East Sprague Ave., Suite 103 • Spokane Valley, WA 99206 509.720.5105 • Fax: 509.688.0299 • cityattorney@spokanevalley.org December 26, 2013 Ace Landscaping Corporation PO Box 1993 Veradale, WA 99037 Re: Implementation of 2014 option year, Agreement for Roadway Landscaping Services, 12 -025, executed February 24, 2012. Dear Mr. Dringle: The City executed a contract for provision of Roadway Landscaping Services on February 24, 2012 by and between the City of Spokane Valley, hereinafter "City ", and Ace Landscaping Corporation, hereinafter "Contractor" and jointly referred to as "Parties." The Request for Proposal states that it was for one year, with five optional one -year terms possible if the parties mutually agree to exercise the options each year. This is the second of five possible option years that can be exercised and runs through December 31, 2014. The City would like to exercise the 2014 option year of the Agreement. The Compensation as outlined in Exhibit A, 2014 Cost Proposal, includes the lump sum amount of $82,902.72. The history of the annual renewals is set forth as follows: Original contract amount .$ 78,386.00 2013 Renewal .... $ 82,902.72 2014 Renewal ..$ 82,902.72 All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2014 option year, please sign below to acknowledge the receipt and concurrence to perform the 2014 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. 1-3-M CITY OF SPOKANE VALLEY Mike Jack ATTES , City Manager Christine Bainbridge, City Clerk APPROVED AS TO FORM: Offi c(eJof the Cit}ttorney ACE LANDSCAPING CORP. 12014 Contract Amount Exhibit A - 2014 Cost Proposal Roadway Landscaping Services Ace Landscaping Corporation Contract Total Summary: 12012 Lump Sum Contract $78,386.001 2013 Lump Sum Contract Increase by CPI of 1.7% New Areas - Sprague Swales 2013 Total Contract Amount $78,386.00 $1,332.56 $3,184.16 $82,902.72 $82,902.721 SpoCI'iIOF i/ kane _ . Valley BOND NO: B- 9117068 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Ace Landscaping Corporation (Contractor), as Principal, a contract for the construction of the project designated as Roadway Landscaping Services, Project No. (2014 Contract in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and _The Cincinnati Insurance Company_(Surety), a corporation, organized under the laws of OHIO and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 82,902.72 total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attomey for the officer executing on behalf of the surety. PRINCIP (CONTRACTOR) Pr Print Title Name �rPsi DE Ad TY C ety Signature Printed Name ►rtfwr , l=aLt 1- 7.-26(1 Title Name, address, and telephone of local office /agent of Surety Company is: Blasingame Insurance, Spokane WA 509- 891 -1000 The Cincinnati Insurance Company 6200 S. Gilmore Road Fairfield, Ohio 45014 crn of �as� Spokane •.Valley BOND NO: B- 9117068 CONTRACTOR'S PAYMENT BOND (NON- FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to _Ace Landscaping Corporation_ (Contractor), as Principal, a contract for the construction of the project designated as Roadway Landscaping Project Project No. (2014 Contract) in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and _The Cincinnati Insurance Company (Surety), a corporation organized under the laws _Ohio and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $82,902.72 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the 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 increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIP ( NTRACTOR) 1 Princip Printed '.me AO ID tAll Date Title jTY ty Signature Date Title Name, address, and telephone of local office /agent of Surety Company is: Blasingame Insurance Spokane WA 509- 891 -1000 The Cincinnati Insurance Company 6200 S. Gilmore Road Fairfield, Ohio 45014 R i >t•d 1 .I 4.1 Spokane ADDENDUM No. 1 TO BOND NO: B- 9117068 ADDENDUM TO CONTRACTOR'S NON - FEDERAL PAYMENT BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to _Ace Landscaping Corporation (Contractor), as Principal, a contract for the construction of the project designated as Roadway Landscaping Proiect, Project No. 2014 Contract in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal and Surety have requested and the City has agreed that payment bond (Bond No. B- 9117068) shall be modified as provided in this Addendum to Contractor's Non - Federal Payment Bond. The fourth paragraph of the payment bond is hereby modified as follows (with additions underlined): 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 increased obligation; provided, however, that any such increase shall not exceed 25% of the original amount of this payment bond without the consent of the Surety. The Principal shall provide notice to the Surety of any increase exceeding 25% of the original amount of this payment bond. This Addendum shall not modify any other provisions of the payment bond and shall not otherwise affect the rights and responsibilities of the parties except as provided herein. This addendum may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This addendum will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. Printed Na e - PO' I-I> A/1 Title Title Si iRFTY ety Signature Dat e . GJur fv uv, Printed Name kiiorc w FA-t- Name, address, and telephone of local office /agent of Surety Company is: Blasingame Insurance, Spokane WA 509- 891 -1000 The Cincinnati Insurance Company 6200 S. Gilmore Road Fairfield, Ohio 45014 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY 'THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Kim W lmpecoven, Jason W Reser, Ian A Cunningham, Dan L Kelly, Dan C Wareham, of Spokane Valley, WA its true and lawful Attorney(s)-in-fact to sign. execute. seal and deliver on its behalf as Surety, and as its act and deed. any and all bonds, policies, undertakings, or other like instruments. as follows: Twenty Million Dollars and 00/100 ($20,000,000.00) This appointment is made under and by authority or the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6 day of December. 1958, which resolution is stilt in effect: "RESOLVED, that the President or any Vice President be hereby authorized. and empowered to appoint Attorneys -in- tact of the Company to execute any and all bonds, policies, undertakings, or outer like instruments on behalf of the Corporation. and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such 'writings so executed by such Attorneys -in- tact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the 7 "' day of December, 1973. "RESOLVED. that the signature of the President or a Vice President and the seal of the Company may he affixed by facsimile on any power of attorney granted, and the signature of' the Secretary or Assistant Secretary and the seal of the Company may he affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall. with respect to any bond or undertaking to which it is attached. continue to be valid and binding on the Company." iN WITNESS WHEREOF. THE CINCINNATI INSURANCE COMPANY has caused these presents to be scaled th its corporate seal. duly attested by its Vice President this 10 "' day of Mar. 2012. STATE OF OHIO ) ss: COUNTY OF BUTLER ) THE CINCINNATI INSURANCE COMPANY vice President On this 10 "' day of May. 2012, before me came the above - named Vier President of fill: CINCINNATI INSURANCE COMPANY, to me personally known to he the officer described herein. and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the Officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation, > w ( . i y ;t s:��� y •'i'' ++visa Of +�00a I, the undersigned Secretary or Assistant Secretary ofTIIC CiNCINNATI INSURANCE COMPANY, hereby certify that the abote is a true and correct copy of the Original Power of Attorney issued by said Conrpant. and do hereby further certify that the said Power of MARK J. FULLER; Attorney at Law NOTARY PUBLIC - STATE OF Of110 My commission has no expiration date. Section 147.03 O.R.C. Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 2,J day of -5' ,0a . .2.018 • t BN -1005 (5/12) ACELA -1 OP ID: DW '4�°R °' CERTIFICATE OF LIABILITY INSURANCE DATE 01 /07DD/YYYY) 01 /07/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s . PRODUCER Phone: 509 - 891 -1000 Div of Insurance Ins Fax: 509 - 891 -1430 Div of Spokane Ins Agcy, Inc 200 N. Argonne Rd Spokane, WA 99212 Dan C. Wareham NAMEACT Patti Sander PHONE 509 - 891 -1000 FAX No : ac No Eat E-MAIL SS: patti ©blasingameins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Cincinnati Insurance Company LIABILITY COMMERCIAL GENERAL LIABILITY INSURED Ace Landscaping Corporation PO Box 1993 Veradale, WA 99037 INSURER B :A+ rated EPP0075841 INSURER C : - INSURER D : $ 1,000,00 INSURER E : $ 100,00 INSURER F : $ 15,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR LTR OF INSURANCE �_ ,� /. POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM /DO/YYW LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X EPP0075841 05/30/2013 05/30/2014 EACH OCCURRENCE $ 1,000,00 ': r • - ' _ _ ' $ 100,00 MED EXP (Any one person) $ 15,000 ■■ CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,00 ■ ■ GENERAL AGGREGATE $ 2,000,00 t' PRODUCTS - COMP /OP AGG $ 1,000,00 t' GEN'L AGGREGATE LIMIT APPLIES PER: ■ POLICY X PRO ■ LOC Emp Ben. $ 500,001 A AUTOMOBILE LIABILITY X ANY AUTO ■ALL OWNED AUTOS X HIRED AUTOS ■ ■ X ■AUTOS SCHEDULED AUTOS NON -OWNED EPP0075841 05/30/2013 05/30/2014 COMBINED SINGLE LIMIT Ea accident 100000 00 $ , , BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X ■ UMBRELLA LIAB EXCESS LIAB X ■ OCCUR CLAIMS -MADE ENP0075841 05/30/2013 05/30/2014 EACH OCCURRENCE $ 5,000,00 t' AGGREGATE $ 5,000,00 $ DED X RETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A EPP0075841 05/30/2013 05/30/2014 X WC STAT- ■O- TSRY LIMIUTS ER TH E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 • A Installation Float EPP0075841 05/30/2013 05/30/2014 Installat 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Addklonal Remarks Schedule, If more space Is required) City of Spokane Valley is additional insured with respect to operations of the named insured. CERTIFICATE HOLDER CANCELLATION CITYSVI City of Spokane Valley CenterPlace 2426 N Discovery Place Spokane Valley, WA 99216 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD