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15-024.00 Senske Lawn & Tree Care: Roadway Landscaping Svcs Contract# 15-024 AGREEMENT FOR SERVICES Senske Lawn and Tree Care,Inc. Roadway Landscaping Services THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Senske Lawn and Tree Care, Inc. , hereinafter "Contractor,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Contractor shall provide all labor,services and material to satisfactorily complete the Specifications for Roadway Landscaping Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Contractor. Prior to commencement of work,Contractor shall contact the City Manager or designee to review the Specifications,schedule and date of completion. The Specifications included in Bid#15- 024 are incorporated into this contract. Upon notice from the City Manager or designee,Contractor shall commence work,perform the requested tasks in the Specifications,stop work and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Contractor in entering into this Agreement. By execution of this Agreement,Contractor represents it possesses the ability,skill and resources necessary to perform the work and is familiar with all current laws,rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Contractor represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Contractor shall exercise the degree of skill and diligence normally employed by professional Contractors engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Contractor will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Contractor shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until December 31,2015. Either Party may terminate this Agreement for material breach after providing the other Party with at least ten Agreement for Services Page 1 of 6 Contract# 15-024 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by ten days'written notice to Contractor. In the event of termination without breach,City shall pay Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation. City agrees to pay Contractor$53,250,based on the lump sum bid as full compensation for everything done under this Agreement. Contractor shall not perform any extra,further or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Contractor shall submit nine equal monthly invoices for work completed between April and December. Invoices for payment shall be sent to the City Finance Department at the below stated address. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Senske Lawn and Tree Care,Inc. Phone: (509)921-1000 Phone: 509-535-3591 Address: 11707 East Sprague Ave, Suite 106 Address: 7115 E. Cataldo Ave Spokane Valley,WA 99206 Spokane,WA 99212 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Contractor warrants that its designs,construction documents,and services shall confirm to all federal, state and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Contractor certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or 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 statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. Agreement for Services Page 2 of 6 Contract# 15-024 B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood,agreed and declared that Contractor shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor.The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written,graphic,mapped,photographic,or visual documents prepared by Contractor under this Agreement shall,unless otherwise provided,be deemed the property of City. City shall be permitted to retain these documents,including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose,distribute and otherwise use,in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement,provided that Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this Agreement for a period of three years from the date fmal payment is made hereunder. 11. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives, employees or subcontractors. A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City. 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and Agreement for Services Page 3 of 6 Contract# 15-024 property damage of$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be fmancially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. 12.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b) Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside Contractor costs,court costs,fees for collection,and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by Agreement for Services Page 4 of 6 Contract# 15-024 any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity under this provision extends only to claims against Contractor by City,and does not include, or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Contractor may, from time to time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Contractor shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Contractor agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Contractor's services under this Agreement. Contractor further agrees that the Arbitrator(s) decision therein shall be final and binding on Contractor and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Prior to commencement of work under this Agreement,Contractor shall register with the City as a business. 22. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for Agreement for Services Page 5 of 6 Contract# 15-024 any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase ofthis Agreement. 23. Exhibits. Exhibits incorporated into this Agreement are: 1. Bid Proposal Form 2. Specifications for Roadway LandscapingServices 3. Performance and PaymentBonds 4. Insurance Certificates -6. The Parties have executed thisAgreement this&day of ,201 CITY OF SPOKANE VALLEY Contractor: c1en54e 14Wrl.A fl C caw �Mike Ja /on, Ci riMana Manager : / tsY:� AuthOrizeyRepresuenrtaitbu ATTE : APPROVED AS 0 FORM: ..----LA ,.. ...1 41._____ p.ido ..4.44,1,1 ,,...„ AAA, Christine Bainbridge, City Clerk Office of City ey Agreement for Services Page 6 of 6 * * cc o 0 0 0 0 0 O ri o o vi 0 NSN MO N I- Q .... "0 0000 00 00' N ~ C 69 69 69 69 69 ,--i as 1- m 69 E co 0 0 0 C) 1b'S0d0ad 31310103 >0 >" 0 N N co N 12 c uoneJe�oaa uoisnpo0-uoN a ti ped hi o O ++ N N w C) CO suoneai;!IenO a ° o ;o;wawa;e;S >I >0 >0 >0 d a cr W o £fed to fA o N >, 0 Q. :5 a) vN Q > N CO co> 0PuoB pm >d >-+ >d c °' co d y Z fed oo Ca � c o cu w 0. • J c 3 ; mod iesodad Pm o L fed .cc '�' co LLL U 0: 0: ** 2 0) a. o Co 2 c a) co 0) 1(12 C d) C N 1 ::10. , H ap J 0 co c O C fn N w� 3 c d o CO 0c a) Nc N o G) f0 U) 0 co f0 00 in co U) u_ 0 a BID #15-024 - Part 1 BID PROPOSAL ROADWAY LANDSCAPING SERVICES Having carefully examined the Request for Bid and referenced Specifications, the undersigned proposes to furnish Roadway Landscaping Services and meet all other terms and conditions of this Request for Bids and referenced Specifications within (30) days of full execution of such Agreement for the annual lump-sum amount set forth below. Bid Item: Annual Bid: OD Roadway Landscaping Services(lump sum) $ 53, 250 TOTAL(In Words): R-P-I rex.. Aousand itlo hundred AS ,l /la,a-s The undersigned individual represents and warrants that he or she is duly authorized to execute the bid on behalf of any partnership,joint venture or corporation. Company Name: Senslte /.,-R.Ctln and wee ectrc Street Address: 7//5 E eArAcC() City, State,&Zip Code: SfrAtilt 14Jf y/, 14/,4 . 9q21 2— Signature: iPi= �w� Printed Name&Title: 77;D y g urn hO(,C�GL. ,fc ch Phone Number: (' cqJ �7 y 642f ��/ Email Address: itumbOG5I1 L Seitskt? •CG 1-! Date: rebti ry 2 5, 2.4/5 • FE.9 `'6 2015 City of c SENSLAW-01 PURLACHER ACO/WE DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/5/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Richland Office PHONE 509 946-6161 FAX 509 946-0715 PayneWest Insurance,Inc. (A/C,No.Ext):( ) (A/C,No):( ) 390 Bradley Blvd. A-MAIL ADDRESS: Richland,WA 99352 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:The Cincinnati Insurance Co. 10677 INSURED INSURER B:Homeland Ins Co of New York Senske Lawn&Tree Care,Inc INSURER C: 400 North Quay Street INSURER D: Kennewick,WA 99336 INSURER E INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X ENP0177069 01/28/2015 01/28/2016 DAMAGE TO RENTED 500,000 PREMISES(Ea occurrence) $ X WA Stop Gap MED EXP(Any one person) $ 10,000 X BIIkt Addl Insured PERSONAL&ADV INJURY $ 1,000,000 GENII AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accidenD A X ANY AUTO ENP0177069 01/28/2015 01/28/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAB CLAIMS-MADE ENP0177069 01/28/2015 01/28/2016 AGGREGATE $ 4,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABIUTYY/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Rent/Leased Equip ENP0177069 01/28/2015 01/28/2016 Policy Limit 110,000 B Pollution Liability 7930017960000 01/28/2014 01/28/2016 Per Occurrence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) re:Project 15-024,Roadway Landscape Services. City of Spokane Valley is added as additional insured per attached GA233 which includes completed operations,primary and non-contributory wording and waiver of subrogation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City City o E Sora ne Ave,Ste 106 ACCORDANCE WITH THE POLICY PROVISIONS. 117Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage; Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured -Specified Relationships: 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds -Specified Health Care Services: 14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable limit of insur- 1. Employee Benefit Liability Coverage ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- (b) This insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to "administration" of your which this insurance ap- "employee benefit pro- plies. We will have the right gram";and and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our a) You did not have discretion, investigate any knowledge of a report of an act, error or omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay You will be deemedouto have for damages is limited as described in SEC- knowledge hoa TION III - LIMITS OF INSURANCE;and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 I i) Reports all, or formance of investment any part, of the vehicles;or act, error or o us 3) Advice given to any omissionperson with respect to or any otheerr that person's decision insurer; to participate or not to j ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages becauseof (f) Workers' Compensation rorr or omis- the act, er- and Similar Laws sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rityThis insurance does nota I or disability benefits law apply or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodily injury", "property ary by the Employee Re- damage" or "personal and tirement Income Security • advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment-Related meet any obligations under Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 15 GA 233 02 07 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of(1), (2) or trustees. (3)above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your "employee benefit program" SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. (c) Your legal representative if b. Who is an Insured you die, but only with re- As respects Employee.Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the (3) Any organization you newly ac- Declarations as: quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint yen- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- c. Limits of Insurance sureds, but only with re- spect to their duties as your. As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages 9 sustained by any one "em- making claims or bringing ployee", including such "suits"; 'employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to defend the insured is the most we will pay for all damages because of acts, er- rors or omissions negligently seeking those dam- committed in the "administra- ages;and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or omission,or claim, Limit shown in Section B. Limits of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon notification of the action (a) An act,error or omission;or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as we have paid. less of the amount of time that lapses between such d. Additional Conditions acts,errors or omissions, ne li entl committed in the As respects Employee Benefit Li- negligently i- 9 9 Y ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee2. Duties in the Event of an Act, Error or benefit program". (4) Deductible Amount Omission,or Claim or Suit a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Dacia- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this (2) Notifyus as soon aspracticable. method also. eaUnch in-this approach each in- �, You must see to it that we receive surer contributes equal amounts until it has written notice of the claim or"suit" as paid its applicable limit soon as practicable. of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its in- (3) aCooperate with us in the investi- surance icabIto thee �t total ap- gation or settlement of the claim plicable limits of insur- or defense against the "suit"; ance of all insurers. and (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous t at that in- to the effective date of d. No insured will, except this Coverage Part. sured's own cost, voluntarily make a payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams";or other insurance by the • d. Effecting, continuing or method described in b. terminating any below. "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' corn- in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll sence programs, in- ductions;or cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, Cation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil tans" means pro- ceeding in which money 2. "Cafeteria P damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a"cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees"who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in- b. Profit sharing plans, clude a"temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an "em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, of Paragraph shrinking or ex- a. The last Subparagraph pansion;or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of Ieted and replaced by the following: waste products or in- Exclusions c.throughdo not I sects, ,birds,9 q. apply sects, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing. TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are 2) Water that backs up or both rented to and occupied by you. overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in 3) Water under the Paragraph 3.b.above: ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance _ GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 (. caused by or resulting 5. Medical Payments fromor ice,rain, snow,r sleet The Medical Expense Limit of AnyOne or whether driven P by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a.. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured;or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B. Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or LimitspooInsurance,shown 4.a. Bail Bonds Control Liability Coverage of this endorsement with respect to cover- of this endorsement for cost of bail bonds required because of accidents age provided by this endorsement. or traffic law violations arising out of These limits are inclusive of and not re- the use of any vehicle to which the in addition to the limits being Bodily Injury Liability Coverage ap- placed. The Li . Limits of Insur- plies. ts ofInsurance B We do not have to furnish shown in Section B. Dam- these bonds. ance, 6. Voluntary Property age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing "suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- fied Relationships (1) Our obligation to pay damages on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Coy- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- suit irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured,provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations Hod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or offense a. of Paragraph 4. is to which this insurance Subparagraph would apply;and hereby deleted and replaced by the fol- lowing: (b) They are not specifically is af- named as an additional in- a. Insurance under this provisionsured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; 8. Waiver of Subrogation (2) Only the following persons or 9 organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request,the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 . you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Anyfailure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes make in (c) Any person or organization the usual course (referred to below as yen- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or ucts; "property damage" arising t) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the yen- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises n1) The insurance afforded th connection wo sale of the he the vendor does not product; apply to: product; "Bodily injury" or g) Products which, a) y after distribution or "property damage" sale by you, have for which the yen- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 • companying or 2) This insurance does containing such not apply to "bodily in- products;or jury., , , 'property dam- age" or "personal and b) When liability in- advertising injury" aris- cluded within the ing out of operations "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded , (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your (d) Any state or political subdi- work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written contract or agreement, but hazards for which the state or political subdivision has in no event beyond the ex- piration date of this Cover- issued a permit in connec- age Part. If there is no tion with premises you own, written contract or agree- rent or control and to which this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, (3) Any insurance provided to an manholes, marquees, additional insured designated hoist away openings, under Paragraph 9.a.(2): sidewalk vaults, street banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures; or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators;or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and (f) does not apply to elevators covered by "bodily injury", "property damage" or "personal and this insurance. advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 19.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- issued a permit. nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 ' of the additional in- spects any other insurance sured;or policy issued to the addi- tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and/or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be approving or fail-g, primary to other insurance pp gavailable to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5. Other and specifications; Insurance, b. Excess and Insurance;or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work" for which a additional insured by attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or Agreement The limits applicable to the additional insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part, whichever are less. If no limits If a written contract or are specified in the written contract or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the • strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits". 1 the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- which are in excess of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur- number CG 20 10 but does ance, 11. of this endorse- not specify which edition, or ment. The limits of insur- specifies an edition that ance will not be reduced by does not exist, Paragraphs the application of such De- 9.a.(3)(a) and 9.a.(3)(b) of ductible amount. this endorsement shall not apply and Paragraph 9.b. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability -Work plies to each claim or "suit" Within 50'of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all Definition 12. "Insured contract" (SEC- of the deductible amount to TION V-DEFINITIONS) is deleted. effect settlement of any claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly Ii- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this Paragraph a. of Condition 2. Duties in endorsement. Theseot limits are the Event of Occurrence, Offense, inclusivehelimits of and not inced.tion to Claim or Suit (SECTION IV- COMMER- Limits being replaced. The CIAL GENERAL LIABILITY CONDI- of Insurance shown in Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- nesses;a. You must see to it that we are noti- fied and as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the "occurrence"or offense. possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the "occurrence"or offense is known currence" or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission.. Page 15 of 15 SENSKE LAWN AND TREE CARE INC Page 1 of 1 RUE OFIAMUNGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage March 10, 2 01 5 I WA UBI No. 600 124 706 L&I Account ID 156,937-00 Legal Business Name ; SENSKE LAWN AND TREE CARE , INC Doing Business As 1 SENSKE LAWN &TREE CARE INC Workers'Comp Premium Status: ,Account is current. If Estimated Workers Reported Quarter 4 of Year 2014 "Greater than I (See Description Below) 100 Workers" Account Representative TO/GARY HONC (360)902-4823- Email: HONC235@Ini.wa.gov Licensed Contractor? Yes License No. SENSKLT117PT License Expiration 01/30/2017 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). htt s://secure.lni.wa. ov/veri /Details/liabilityCertificate.aspx?UBI=600124706&LIC=S... 3/10/2015 p g fY ATTACHMENT C BOND NO: 2793660 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to Senske Lawn&Tree Care Inc (Contractor), as Principal, a contract for the construction of the project designated as ROADWAY LANDSCAPING SERVICES, Project No. 15-024 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$ 53,25U . 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 tithe 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 ofthe 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 attorney for the officer executing on behalf of the surety. PRINCIPAL(CO. '.- TO:; /5SURETY 3/ 7/5- "rincipal Sign• � e Date Surety Signature Date bZ0/ZA) 61-1_i< Pamela R. Urlacher Printed Name Printed Printed Name Attorney-in-fact Title Title Name,address,and telephone of local office/agent of Surety Companyis: Mike Button, PayneWest Insurance Inc 390 Bradley Blvd, Richland WA 99352 509-946-6161 ii 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 Susan L Bynum;Roxanne S Eslinger,Roxanh D Shuck,Parnela R Urlacher,Michael R Button,John R Mostolfer,Cheryl Moore,Allison Cameron, of Richland,WA its true and lawful Attorneys)-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: Ten Million Dollars and 00/100 ($10,000,000.00) This appointment is made.under and by authority of 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 6'1'day of December, 1958; which resolution is still in effect: "RESOLVED,that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in- Fact of the Company to.execute any and all bonds, policies, undertakings, or other like.instrumentson 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, Fact 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 duly called and held on the 71 day of December, 1973. "RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be 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 be 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 arid 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 sealed with its corporate seal;duly attested by its Vice President this 10th day of May,2012. Pa I THE CINCINNATI INSURANCE COMPANY ti m�raurt e SEAL s A 3_5,....,.... _ .... . Vice President STATE OF OHIO ) ss: COUNTY OFBUTLER. ) On this IOU'day of May,2012,before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be 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. onanar.r �tOAA, • ti it �f: �� ` ��0 MARK J.H( %4 R,Attorney at Law ,41 NOTARY PUBLIC-STATE OF OHIO '�)4. . o"jf My Commission Gas no expiration Ips date Section 147.03 O.R.C. I,the.undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY,hereby certify that the above is a true:and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still infull force and effect. GIVEN'under my hand and seal of said Company at Fairfield,Ohio: this 4th day of March ,2015 . �r r 4 46'‘' a caootan:; "" e S£A l Assistant Secretary .. oxo ', BN-1005(5/12) ATTACHMENT C ci'Y BOND NO: 2793660 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 Senske Lawn&Tree Care Inc (Contractor), as Principal, a contract for the construction of the project designated as ROADWAY LANDSCAPING SERVICES Project No. 15-024 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 Bonde 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 5 53,250 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 wayaffect its obligation on thisbond,except as provided herein,and waives notice of any change,extension of time,alterationor 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• - 'TRACE'<,- S•'.E 37.7X5- / G 3-4-15 c e Date urety Signature Date SO OKs J L Pr Pamela R. Urlacher Printed Name Printed Name Attorney-in-fact Title Title. Name,address, d tel h ne of local office/a ent of Surety Company is: i Mike Button, ayneWest Insurance Int 390 Bradley Blvd, Richland WA 99352 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 Susan L Bynum,Roxanna S Eslinger,Roxann D Shuck,Pamela R Urlacher,Michael R Button,John R Mostoller,Cheryl Moore,Allison Cameron, of Richland,WA its true and lawful Attorneys)-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: Ten Million Dollars and 00/100 {$10,000,000.00) This appointment is made under and by authority of 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 still in effect: "RESOLVED,that the President or any Vice President be hereby authorized,and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds,policies, undertakings, or other 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- Fact 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 duly 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 be 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 be 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 sealed with its corporate seal;duly attested by its Vice President this 101"day of May,2012. a' THE CINCINNATI INSURANCE COMPANY corn olan SEAL A osie Vice President STATE OF OHIO ) ss: COUNTY OF BUTLER. ) On this 10'"day of May,2012,before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be 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. ....nttnts, `•• . `O MARK J.N LLER,Attorney at Law �► NOTARY PUBLIC-STATE OF OHIO � 1 My commission has no expiration 4 > Elite.Section y47.03 o i l.c. 1,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY,hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield,Ohio. this 4th day of March ,2015 Xi( u> �G c ooloormt 4. a Assistant Secretary A SEAIL IL $ onto • BN-1005(5/12) ATTACHMENT A 1110111°.\*4111Ifti Sfiokane - .0000VValley SPECIFICATIONS FOR ROADWAY LANDSCAPING SERVICES February 2015 Specifications for Roadway Landscaping Services TABLE OF CONTENTS 1 SUPPLEMENTAL CONDITIONS 1 THIS CHAPTER INCLUDES CONTRACT MANAGEMENT PROVISIONS AND REQUIREMENTS FOR PAYMENT APPROVAL. 1 1.1 WORK SUMMARY 1 1.2 CONTRACT TYPE 1 1.3 CONTRACT ADMINISTRATOR 1 1.4 ONE GENERAL CONTRACTOR 1 1.5 COORDINATION OF CONTRACT DOCUMENTS 2 1.6 CONTRACT TERM 2 1.7 COMPENSATION 2 1.8 CONTRACTOR REQUIRED QUALIFICATIONS 2 1.9 EXAMINATION OF WORK SITE 3 1.10 CONTRACTOR SUPPLIED EQUIPMENT,MATERIALS&SUPPORT FACILITIES 3 1.11 VERIFICATION OF COMPLIANCE 3 1.12 DEBRIS DISPOSAL 4 1.13 CHANGES,CORRECTIONS,AND CLARIFICATIONS 4 1.14 PREVAILING WAGES 5 1.15 PAYMENT AUTHORIZATION 5 1.16 ADDITIONAL OPTION YEARS&FEE ADJUSTMENT 6 2 GENERAL SPECIFICATIONS 7 THIS CHAPTER DISCUSSES GENERAL ITEMS ON CONTRACTOR AND CITY CONDUCT IN EXECUTING THE WORK. 7 2.1 WORK PLAN 7 2.2 CONTRACTOR'S EMPLOYEES 7 2.3 PRESERVATION OF PROPERTY 7 2.4 COMPLAINTS AND DEFICIENCIES 8 2.5 INSPECTIONS&REPORTING 9 3 WORK SPECIFICATIONS-IRRIGATED AREAS 11 THIS CHAPTER DESCRIBES THE WORK TO BE PERFORMED IN IRRIGATED AREAS INCLUDING STANDARDS, SCHEDULE,QUANTITY,AND LOCATION. 11 3.1 TREE REMOVAL AND REPLACEMENT 11 3.2 REPLACEMENT OF DEAD OR STOLEN PLANT MATERIAL 11 3.3 LITTER/DEBRIS CLEANUP&REPAIR 12 3.4 WEED CONTROL AND CHEMICAL SPRAYING 12 3.5 PEST AND DISEASE CONTROL 13 3.6 MOWING,TRIMMING,&EDGING 14 3.7 PRESSURE IRRIGATION 15 3.8 FERTILIZER AND SOIL AMENDMENTS 16 3.9 CORE AERATION 16 3.10 POWER RAKING FOR THATCH REMOVAL 17 3.11 OVERSEEDING 17 3.12 FENCES 17 3.13 MEASUREMENT AND PAYMENT 17 3.14 INDEX MAP&EXHIBITS 17 3.15 APPROXIMATE QUANTITIES 19 Page iii Specifications for Roadway Landscaping Services 1 SUPPLEMENTAL CONDITIONS This Chapter includes contract management provisions and requirements for payment approval. 1.1 WORK SUMMARY The City contracts for landscape maintenance of stormwater drainage areas, open space, medians, rights-of-way, and other grassy facilities operated by the Public Works Department and generally supporting the City's roadway system (Work). General expectations of these services include: • Mowing • spraying for pests and weeds • aerating • fertilizing • pressurized irrigation maintenance and repair • litter control • tree/shrub pruning and maintenance The Work description above is not all inclusive but is representative of a comprehensive landscape service and maintenance contract. 1.2 CONTRACT TYPE This Contract is a lump sum fixed fee,purchased service-type Contract and is not a public work. However,prevailing wages are required to be paid to the Contractor's employees per RCW 39.12.030. This Contract also allows the City to: • Exemption from paying sales tax per WAC 458.20.226 and RCW 82.04.190(4)(a). • Waive retention of a percentage of the earned fee(contract retainage)from the Contractor since it is not a public work. 1.3 CONTRACT ADMINISTRATOR The City Manager's designated Administrator for this contract is the City's Public Works Director(Director)or his assigns. The day to day field inspection and oversight of the contract shall be administered by City public works personnel following these Specifications and Contract Documents. 1.4 ONE GENERAL CONTRACTOR 1.4.1 Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior written approval of the City. All subcontracted Page 1 • Specifications for Roadway Landscaping Services Work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.4.2 Contractor's Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.5 COORDINATION OF CONTRACT DOCUMENTS The complete Contract includes these parts: The Agreement for Services, bid Price Proposal, , Insurance Certificates, and the Performance and Payment Bond. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 1.6 CONTRACT TERM The contract shall commence on the date the contract is executed and continue through the end of the 2015 calendar year. Thererafter the contract may be renewed for up to four additional years. If exercised, it is anticipated that renewal options shall coincide with each calendar year thereafter. 1.7 COMPENSATION This is a lump sum fixed price Contract. Any change orders to this Contract will be negotiated separately and based on current market rates and estimates. The lump sum fixed price includes all supplies, labor, material, components, equipment, insurance and bond costs, and appurtenances necessary to complete the work which shall conform to the best practice known to the trade in design, quality,material, and workmanship and be subject to the specifications in full. These Specifications shall be construed as minimum performance. Prices shall remain firm for the duration of the contract year. 1.8 CONTRACTOR REQUIRED QUALIFICATIONS The Contractor reaffirms meeting all required qualifications and will remain qualified throughout the duration of the Contract and subsequent contract renewals. The basis of qualification is the statement of qualifications that the Contractor submitted with the bid and is included in this Specification by reference. The Contractor represents and warrants to the City that it has all licenses,permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Spokane Valley business license. Page 2 Specifications for Roadway Landscaping Services If the Contractor's status changes at any time,the Contractor shall immediately inform the Director of the change in qualification status. The Contractor shall also supply in writing to the Director the Contractor's written plan and timeframe for reinstatement of acceptable status. 1.9 EXAMINATION OF WORK SITE The Contractor certifies visiting the work areas and becoming fully acquainted with site conditions to understand the facilities, difficulties, and restrictions attending the execution of the work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the site and get acquainted with conditions existing therein and verifying project area dimensions, shall in no way relieve the Contractor from obligation with respect to his original proposed bid or to this contract. 1.10 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreed in writing, the Contractor is expected to provide all materials and supplies required to execute Contract obligations. This will include equipment, support facilities, disposal containers, oil and fuel, etc. 1.10.1 Support Facilities The City will not provide equipment storage, shop facilities, work space or office space as part of this contract. The Contractor will be responsible for providing all support facilities at their own location(s). The Contractor shall furnish at his/her own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.10.2 Equipment Identification All vehicles used by the Contractor must be clearly identified with the name of the company. 1.11 VERIFICATION OF COMPLIANCE The Contractor may be asked by the City to provide verification of compliance with Local, State, and Federal laws,rules,permitted activities,and regulations applicable to the work identified in these Specifications. Non-compliance with any applicable law,rule,permit requirement, or regulation related to this work shall be reported to the City immediately. The City may require that the Contractor provide a report of the infraction(s)and steps that will be taken by the Contractor to regain and retain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. Page 3 Specifications for Roadway Landscaping Services 1.12 DEBRIS DISPOSAL All collected material, debris, and litter becomes the property of the Contractor and shall be disposed of in a manner consistent with federal, state, and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage,transportation,and tipping fees. 1.13 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.13.1 Changes The City reserves the right to make, at any time during the Work, such changes in quantities and such alterations in these Specifications as are necessary to satisfactorily complete the Work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance and Payment Bond, and the Contractor agrees to perform the Work as altered. Among others,these changes and alterations may include: • Deleting any part of the Work • Increasing or decreasing quantities • Altering Specifications • Altering the way the Work is to be done • Adding new Work • Altering facilities, equipment,materials, services, or sites,provided by the Contracting Agency • Ordering the Contractor to speed up or delay the Work Any change that affects the overall Contract effort and amount of Work to be performed or that costs or saves Contractor and/or City resources shall be documented through change order and shall indicate any associated impacts on price, schedule, or performance. The City will issue a written change order, negotiated with the Contractor,prior to the implementation of any change unless ordered by the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.13.2 Corrections & Clarifications In order to continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Specifications may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Specifications reflecting any changes by addendum with the optional contract annual renewal. Page 4 Specifications for Roadway Landscaping Services 1.14 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers,workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor&Industries(LNI) for Spokane County. Find the most recent prevailing wage rates at LNI's website at: http://www.lni.wa.gov/TradesLicensing/PrevWage/ The contractor shall use rates effective February 13, 2015 in the first year contract; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewal contract execution. 1.15 PAYMENT AUTHORIZATION 1.15.1 City Inspection The City will periodically inspect the work and condition of facilities under the care of the Contractor. If the Contractor's Work or conditions at the City's facilities are shown to not meeting these Specifications,the Contractor will be notified of the deficiency and allowed to respond to meet the standard. If the deficiency is not made whole within a reasonable period,the Director reserves the right to withhold either whole or partial payment of invoicing until standards of these Specifications are met. 1.15.2 Contractor Reports The Contractor shall complete and transmit to the City all periodic, annual, and other reports and work plans as indicated in these Specifications for the period invoiced prior to the City authorizing payment to the Contractor. 1.15.3 Prevailing Wage Requirements No payment will be made until the Contractor has submitted a "Statement of Intent to Pay Prevailing Wages."No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an "Affidavit of Wages Paid". These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the "owners" copy shall be in the possession of the City. 1.15.4 Invoice Submittal,Review, &Approval Payments shall be made after review, approval, and authorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of Work and services that have been provided. Invoices may be submitted monthly for 9 equal amounts from April through November. Final Payment shall be withheld by the City until a completed copy of the Page 5 Specifications for Roadway Landscaping Services Washington State Department of Labor and Industries "Affidavit of Wages Paid" is received by the City. The payment terms are net 30. 1.16 ADDITIONAL OPTION YEARS & FEE ADJUSTMENT If the City chooses to exercise additional subsequent and sequential option year contracts, the Contractor and/or the City may request an adjustment of the lump sum fixed fee annually, and no later than November 1st for the following calendar year. Such prices shall be negotiated by the City and Contractor, and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September and the index base period is 1982-1984=100. The source of this percent change shall be the"U.S. Department of Labor,Bureau of Labor Statistics. If the additional option years are exercised, the Contractor must update and pay prevailing wages to the most recently published and effective Washington State Department of Labor&Industries rates for the next contract option year. Page 6 Specifications for Roadway Landscaping Services 2 GENERAL SPECIFICATIONS This Chapter discusses general items on Contractor and City conduct in executing the Work. 2.1 WORK PLAN 2.1.1 Annual Work Plan The Contractor shall submit an annual work plan to the City prior to commencing work for the Contract period. The plan communicates who,when, and how the Contractor will complete the Work during the course of the year. Adjustments to the plan during the year may be necessary and the Contractor is to work with City staff on any necessary revisions. The Work plan should indicate such things as: • Contractor owner, supervisor(s), and crew lead(s) contact information, including cell phone and, if applicable, email address. • Planned invoicing amounts,periods,and contact information • General schedules for typical or weekly routine work,for example: o mowing Sprague(areas 1420 and 1430)on Monday's o watering Mission(area 1460)on Tuesday and Friday • Specific schedule for once/year task work,for example: o Pruning from Mar 1 —Mar 31 o Aeration Aug 31 —Sep 30 • What types of equipment will be used,where, and when • Self-inspection plan and reporting 2.1.2 Daily or Weekly Work Plans The Contractor shall submit an email to City designated staff,daily or weekly work plans indicating where the Contractor will be working and what activities will be performed, if different from the Annual Work Plan general schedules. It may be sent up to one day in advance for the next work period. 2.2 CONTRACTOR'S EMPLOYEES 2.2.1 Licenses Contractor and staff who are supplying services under this agreement shall at all times possess and carry a valid driver's license issued by the State of Washington and have all applicable certifications and licenses. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utility facilities, adjacent property, trees, and shrubbery, and motor vehicles. In the event of property damage,the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are Page 7 Specifications for Roadway Landscaping Services injured or damaged by reason of the Contractor's operation, they shall be repaired at the Contractor's expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property by the responsible party shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code under permits issued by the City. 2.4 COMPLAINTS AND DEFICIENCIES All complaints and deficiencies, with regards to this Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone, email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1 Complaints The Contractor shall investigate all City referred complaints within twenty-four hours and respond back to the City whether the complaint is valid and whether it is within the current Contract scope. If it is within the scope of this Contract and the situation does not meet current Specifications,then the complaint is a legitimate performance deficiency and the Contractor shall immediately remedy the deficiency. Otherwise,the Contractor shall explain why the situation is not within the scope of this Contract. The City reserves the right to review the matter further and determine if the complaint is legitimate or not and if the matter is a performance deficiency of the Contractor or not. 2.4.2 Deficiencies All work deficiencies of Contractor shall be corrected within five days of oral or written notification from the City unless noted otherwise in these Specifications. Should the scheduled work activity frequencies be less than five days, the schedule of work to be performed shall take precedent and the notice of non- conformance repair reduced accordingly. Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. 2.4.3 Failure to Perform On the first occurrence of a noted deficiency, the Contractor will be notified in writing. Contractor shall respond within seven days with a written plan stating how compliance will be obtained. Page 8 Specifications for Roadway Landscaping Services If the Contractor violates the same specification a second time,the City shall have the right to withhold payment of up to the estimated cost for the service which was scheduled for that day. If the Contractor violates the same specification three or more times, the City shall have the right to withhold payment of up to two times the estimated cost of service which was scheduled for the day of each violation. The amount of penalty shall be determined by the Director or his designee. 2.5 INSPECTIONS & REPORTING 2.5.1 City Inspections The City will periodically inspect conditions of each area depicted in these Specifications. The conditions of City-owned landscaping shall be measured based on these Specifications and City staff judgment. The City may develop and/or use methods,procedures,tools, equipment,or training to help inspect and document landscaping conditions and/or Contractor performance. The City is willing to share information on the inspection program with the Contractor as it is developed further. Any input from the Contractor that will save the City money and provide a better service to the community is welcomed. 2.5.2 Periodic Reporting The Contractor shall provide self-inspections and/or records of work it performs in each area depicted in these Specifications to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual report by November 15 each year that gives: • A description of new or existing landscaping deficiencies and recommended remedies • Any recommendations for changes to Specifications that adds value to the City. • Page 9 Specifications for Roadway Landscaping Services 3 WORK SPECIFICATIONS - IRRIGATED AREAS This Chapter describes the Work to be performed in irrigated areas including standards, schedule, quantity, and location. 3.1 TREE REMOVAL AND REPLACEMENT 3.1.1 Standard All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor's intent to remove any trees or shrubs prior to starting work. The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree at the Contractor's expense for up to 10 trees each year. The City may ask the contractor for an estimate to replace a certain number of trees after the 10th tree each year, if needed. Any transplanted replacement trees shall: • Meet the requirements of CSVMC 22.70.030.F for street trees, • closely match existing trees along the corridor, • have the approval of the City prior to installation, • and have a minimum of 1Y2 inch caliper. 3.1.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting)must be watered(by hand if necessary)trimmed,mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year new trees will be fertilized spring and fall,then once per year for the next two years. 3.2 REPLACEMENT OF DEAD OR STOLEN PLANT MATERIAL The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a bid to replace dead or stolen plant materials within seven (7)days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the material is beyond reviving,a written report recommending replacement shall be given to the City. This report shall include: (a)Identify the location, size and type of type of plant; (b)Identify the reason for the decline; (c)Cost of replacement.No replacement plantings are to be done without consent of the City. Page 11 Specifications for Roadway Landscaping Services 3.3 LITTER/DEBRIS CLEANUP & REPAIR 3.3.1 Routine Cleanup Litter includes cigarette butts,paper,cardboard,rocks,any plastic,rubber or metal foreign objects,wood,tree branches, cloth,etc. Debris includes weeds, grass from around the base of plants,and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Specifications and prior to all other work to be performed each service day. 3.3.2 Winter Cleanup &Landscape Repair The Contractor shall remove noticeable amounts of sediment and debris that accumulate during winter months in roadside swales and bio-infiltration facilities. The Contractor shall repair damages to turf and landscaping from winter snow operations including turf gouging from plow operations. This work shall occur in the early spring prior to turf grass beginning to grow. 3.3.3 Accident Cleanup &Repair The City will keep track of vehicular accidents that occur and damage City-owned landscaping. The contractor will be asked to supply the City a cost estimate to cleanup and repair the landscaping at these locations from time to time. The City will execute any cleanup and repair work separately or in addition to this Contract. 3.4 WEED CONTROL AND CHEMICAL SPRAYING 3.4.1 Standard • The Contractor shall keep all areas included in this Contract weed free. • Chemical spraying on turf,trees, shrubs, and approved plantings will occur as necessary to maintain healthy, green, and attractive landscape. • All chemical spraying shall be in compliance with the state and federal pesticide applicators requirements and guidelines including licensing. • The Contractor shall follow application rates and restrictions. • Where it is applicable, sprayed areas are to be posted. • Spraying shall not occur during windy,rainy or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 3.4.2 Schedule and Notice of Application Prior to each day of spray applications,the Contractor shall notify the City's personnel through email where,when,and what will be applied in the City Right- of-Way. This notice should coincide with daily or weekly work plans sent to the City. Page 12 Specifications for Roadway Landscaping Services The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture,where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place,what the application is,and at what time the application occurred or will occur. 3.4.3 Approved Chemicals • City Approved List: o In turf only(no trees): Broadleaf herbicide -2,4-Dichlorophenoxyacetic acid(2,4-D) o For hard surfacing: Round-up®with Surflan®pre-emergent(or approved equals). • Other herbicides used in this Contract shall be from WSDOT's approved herbicide list. Please refer to WSDOT's webpage for additional information: http://www.wsdot.wa.gov/Maintenance/Roadside/herbicide use.htm. 3.4.4 Herbicide Safety When applying herbicides the Contractor shall take precaution to avoid any impact on human and environmental health,and to ensure herbicides do not move off target.Applications are made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on the individual product labels as approved by the US Environmental Protection Agency. 3.5 PEST AND DISEASE CONTROL The inspection process will include monitoring to determine insect, rodent or disease problems. Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities,the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. Page 13 Specifications for Roadway Landscaping Services 3.6 MOWING, TRIMMING, & EDGING 3.6.1 Standard Improved turf mowing shall be at or between heights of 2.5 inches to 3 inches. Turf shall not exceed 4.5 inches between mowings. The height of grass shall not exceed the maximum at any time during the year. Only 1/3 of the blade growth will be removed at any one cutting. Turf shall be cut at a uniform height(no scalping or uneven cutting). Turf height shall be measured with mower sitting on a flat paved surface. City inspection shall measure height in improved turf areas that are representative of average conditions. Mowing during wet conditions that leave noticeable rutting shall not be permitted. 3.6.2 Schedule The expected mowing season is from April 15—October 31 of each year. The estimated number of mowings is twenty six(26)to thirty-five (35). Mowing of each area shall be completed on the same day that mowing begins. 3.6.3 Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. 3.6.4 Trimming,Edging,and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed.As part of this Work,the Contractor shall remove excess sediment, debris and litter from grass areas near concrete aprons, curb inlets, and side-walk inlets to allow stormwater to flow from the street and into bio-infiltration facilities. Contractor shall not mechanically trim around base of trees and damage bark. Contractor shall chemically trim away a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass,weeds, litter, and debris thereafter. 3.6.5 Groundcover Groundcovers shall be maintained to preserve the intended coverage and use. Soil and or weed barrier shall have 100%coverage either by raking or adding additional ground cover. 3.6.6 Hard Surface Sweeping Hard surfaces next to roadway landscaping areas including but not limited to sidewalks, curbs, drive approaches, streets, and roundabout intersections are to be swept or vacuumed the same day that mowing occurs to remove grass clippings and maintain a clean appearance. Page 14 Specifications for Roadway Landscaping Services 3.6.7 Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. 3.6.8 Inspection The Contractor shall perform a visual inspection of the facilities whenever onsite for scheduled work. The Contractor shall inform the City if any of the following is noted and what the Contractor did or will do to remedy the problem: • Weed or Pest infestation • Pressure Irrigation/Sprinkler problems • Evidence of poor drainage • Dry or dead vegetation • Illegal dumping 3.6.9 Mowing Damage • Contractor is responsible for all replacement and rehabilitation costs to turf, grass,trees, sprinklers,private property,and anything else that may be damaged during mowing,trimming or edging. • Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions. • Wear and tear or damage to fixtures or vegetation by mowers is not acceptable. Care shall be exercised to prevent damage to trees and shrubs, fixtures,and irrigation systems. 3.7 PRESSURE IRRIGATION 3.7.1 Standard The Contractor is responsible for all operation,maintenance, and repair of all irrigation/sprinkler systems under this Contract. This includes all piping, fittings, heads,risers,valves, controllers, clocks,rain gauges,drains,backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to effectively and efficiently water the irrigated areas. The amount of water and coverage shall be adequate to maintain healthy turf and underlying soil structure. The Contractor is to use a variety of means to adjust water including altering timers, changing heads or nozzles, adding heads, subtracting heads, adding water lines, or changing or adding zones. Irrigating water on concrete,pavement, and unimproved areas shall be minimized. 3.7.2 Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and receive approval from the City based on need and weather Page 15 Specifications for Roadway Landscaping Services conditions. Winterizing is the responsibility of the contractor. The Contractor shall coordinate water service meter removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.7.3 Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meet the requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice,provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.7.4 Work Deficiencies All work deficiencies, including irrigation breaks, shall be repaired the same day as discovered unless otherwise approved by the Director. Water will be turned off if breaks in piping result in an obvious waste of water. The Contractor shall respond to notification of dry spots by applying water within 24 hours or notifying and receiving approval from the Director of an alternative remedy. 3.8 FERTILIZER AND SOIL AMENDMENTS 3.8.1 Soil Testing and Analysis All soil amendments including fertilizer shall be applied to irrigated areas on the basis of a representative soil analysis for turf,tree, and shrub health by a certified lab selected and paid for by the Contractor. The Contractor shall be responsible for acquiring the representative samples in at least 4 different areas each year. The lab, sample locations and testing procedures shall be approved by the City prior to sampling and analysis. 3.8.2 Soil Amendment Plan & Schedule The Contractor shall submit for approval to the City a plan to maintain good plant health and vigor that will include the rate, composition, and schedule of soil amendments and fertilizer as recommended by lab analysis. The City approved soil amendment plan shall be incorporated into the Contractor's annual Work plan. 3.9 CORE AERATION Aeration of the bottoms of bio-infiltration facilities shall be performed once per year in the fall after August 15. Core aeration shall be performed by a hollow tine aerifier machine with%z-inch diameter core, 3 %z-inches deep, and the frequency of cores shall be 6-inches or less apart. Coring shall take place when the ground is moist but not wet,within one day of irrigation of the turf. Cores shall be Page 16 Specifications for Roadway Landscaping Services collected,removed and disposed. If recommended for soil conditions, fertilize after aeration. 3.10 POWER RAKING FOR THATCH REMOVAL The Contractor shall take every care to avoid producing thatch which tends to occur with over-fertilization and excess watering of turf. Power raking for thatch removal may be required when the turf inspection shows thatch>1/2 inch in depth. The Contractor shall be responsible for thatch removal, if necessary for turf health, in all areas used to convey or infiltrate stormwater. Thatch removal shall be completed after receiving the Contractor's inspection and with concurrence from the City. The Contractor shall use a Power Rake in late August or in the spring as soon as snow is gone and the frost is out of the ground. The Contractor shall sweep and remove all thatch debris and shall reseed the area per the Overseeding Specification. 3.11 OVERSEEDING Overseed when authorized and after thatch removal, at a rate of one-half the recommended rate for the initial establishment of the turf Seed varieties and mix shall match existing types at the site location(s)and have the approval of the Director prior to application. 3.12 FENCES Chain link fence is to be kept in good repair. Top rails shall be in place and secure.Fabric damaged by vandalism or non-Contractor accident is to be repaired with City approval for cost change.Bottom of fence should be straight.Fence that is bowed or that has sharp edges shall be repaired.Accumulations of pine needles and other debris shall be cleared away. 3.13 MEASUREMENT AND PAYMENT The Contractor shall supply all equipment,materials,tools, labor, and equipment to complete the work as stipulated in these Specifications for servicing the Landscaping of"Irrigated Areas". Measurement of performance shall be as outlined in these Specifications. Payment shall be lump sum,per annum, at the bid rate listed by the Contractor on the original Price Proposal. Progress payments may be made per Section 1.15 of these Specifications. 3.14 INDEX MAP & EXHIBITS Index Map for the Irrigated Areas is included as a hard copy with this Specification, immediately after this page. Exhibit maps for the Irrigated Areas which correspond to the index and quantity sheets are available electronically by request. Page 17 -oot�� or� CENTU-1 OP ID:PS y�;J., Sv Public WLT` CATE OF LIABILITY INSUR, '_4CE 08/DATE(MM/DD/YYYY) 15 THIS RTIFICATESRSS J D Q1�1i 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 CEINOWEVIKINSURANCE 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 CNTNAMEACT Dan C.Wareham Blasingame Insurance PHONE 509-891-1000 FAXp, ,No):509-891-1430 200 N.Argonne Rd (A/C,No,Ext): Spokane,WA 99212 ADDRESS:danw@blasingameins.com Dan C.Wareham INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED Century Survey Inc INSURER B: Jeff Mackleit,P.L.S. INSURER C: 10804 S Sands Rd Valleyford,WA 99036-8705 INSURER D: INSURER E: INSURER F: 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. IEXP NSR TYPE OF INSURANCE ADDL SUER PPOLICY NUMBER (MMIDD//YYYY) (CY EFF MM/DD/YYYY) LIMITS LTR INSD WVD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X ECP0226109 12/30/2015 12/30/2016 NATE-s REM SES Ea occu ence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRO- PRODUCTS-COMP/OP AGG $ O4,000,000 POLICY JECT LOC Emp Ben. $ 1,000,000 OTHER: AUTOMOBILE LIABILITY CO aBII EDt)SINGLE LIMIT $ 1,000,000 (EA X ANY AUTO ECP0226109 12/30/2015 12/30/2016 BODILY INJURY(Per person) $ ALL OWNED ( SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS — NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS _ AUTOS (Per accident) ,$ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER TH- STATUTE ERH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/pi N ECP0226109 12/30/2015 12/30/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED?o N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Professional Llab 03058846 08/26/2015 08/26/2016 Prof Llab 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:0166 Pines&Grace SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 11707 E Sprague Ave Ste 106 AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 /2 e...).. ...,t„...„ 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD (47rv'4) ` HOLDER CODE ( CENTS PAGE 2 TEPAD. INSURED'SNAME`.�antury Survey Inc OP ID., > Date 08/31/2015 City of Spokane Valley, and its officers, elected officials, employees and agents, are named as additional insured. Coverage is primary/non- contributory, per project aggregate completed operations and waiver of subrogation apply per GA101 and GA204 forms attached to the policy. SENSLAW-01RESLINGER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/06/2018 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER NAME: Richland Office PHONEFAX (509) 946-6161(866) 215-4862 (A/C, No, Ext):(A/C, No): PayneWest Insurance, Inc. E-MAIL 390 Bradley Blvd. ADDRESS: Richland, WA 99352 INSURER(S) AFFORDING COVERAGENAIC # Cincinnati Insurance Companies10677 INSURER A : One Beacon INSURED INSURER B : Senske Lawn & Tree Care, Inc INSURER C : 400 North Quay Street INSURER D : Kennewick, WA 99336 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 500,000 DAMAGE TO RENTED X EPP0177069 (WA/ID/UT)01/28/201801/28/2019 CLAIMS-MADEOCCUR X $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 X PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA STOP GAP1,000,000 OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X EBA0177069 (WA/ID/UT)01/28/201801/28/2019 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE XX HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 4,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ EPP0177069 (WA/ID/UT)01/28/201801/28/2019 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ A EQUIPMENT FLOATEREPP0177069 (WA/ID/UT)01/28/201801/28/2019 RENTED/LEASED EQUIP 110,000 B Commercial Pollution793001796000201/28/201801/28/2020 POLICY LIMIT1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SNOW REMOVAL LIABILITY- Gemini Insurance Company Policy Term 1/28/118 to 1/28/19 Policy Number #VCGP023495-Liability Limit- $1,000,000 Occurrence with $2,000,000 Aggregate EMPLOYEE DISHONESTY COVERAGE- $25,000 with $500 Ded. RE: Maintenance, Snow Removal, Emergency Traffic Control, Roadway Landscaping Services City of Spokane Valley is named as additional insured. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley Parks & Recreation ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. 11707 E Sprague #106 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SENSLAW-01RESLINGER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/13/2019 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER NAME: Richland Office PHONEFAX (509) 946-6161(866) 215-4862 (A/C, No, Ext):(A/C, No): PayneWest Insurance, Inc. E-MAIL 390 Bradley Blvd. ADDRESS: Richland, WA 99352 INSURER(S) AFFORDING COVERAGENAIC # The Cincinnati Insurance Company10677 INSURER A : Homeland Insurance Company of New York34452 INSURED INSURER B : Senske Lawn & Tree Care, Inc INSURER C : 400 North Quay Street INSURER D : Kennewick, WA 99336 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 500,000 DAMAGE TO RENTED X EPP0177069 (WA/ID/UT)01/28/201901/28/2020 CLAIMS-MADEOCCUR X $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA Stop Gap1,000,000 OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X EBA0177069 (WA/ID/UT)01/28/201901/28/2020 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE X HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 4,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ EPP0177069 (WA/ID/UT)01/28/201901/28/2020 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ A Equipment FloaterEPP0177069 (WA/ID/UT)01/28/201901/28/2020 RENTED/LEASED EQUIP 110,000 B Commercial Pollution793001796000201/28/201801/28/2020 POLICY LIMIT1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SNOW REMOVAL LIABILITY- Gemini Insurance Company Policy Term 1/28/19 to 1/28/20 Policy Number #VCGP024327-Liability Limit- $1,000,000 Occurrence with $2,000,000 Aggregate EMPLOYEE DISHONESTY COVERAGE- $25,000 with $500 Ded. RE: Maintenance, Snow Removal, Emergency Traffic Control, Roadway Landscaping Services City of Spokane Valley is named as additional insured. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley Parks & Recreation ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. 10210 E. Sprague Ave Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD