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16-072.00 Spokane ProCare: Roadway Weed Control Svcs Contract# 16-072 AGREEMENT FOR SERVICES Spokane Pro Care Roadway Weed Control Services THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Spokane Pro Care,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 Weed Control Services(the"Specifications"), attached as Exhibit A. 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. 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 Specifications. 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 for the timely provision of all professional services required to complete the Specifications 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, so long as the additional work is within the scope of Contractor's area of practice. 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 31,2016. The City may,solely at its option,extend the Agreement for up to three additional one year terms,which will Agreement for Services—Spokane Pro Care Page 1 of 6 Contract# 16-072 commence on or about January 1 of each year and end on December 31 of that year. The total duration of the Agreement shall not exceed four years. The City shall make a determination to enter into an extension and provide notice of its intent to enter into an extension to the Contractor in writing 30 days prior to December 31 of each year. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 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$19,400,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 be paid monthly upon presentation of an invoice to City. Applications 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 for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Specifications, 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: Spokane Pro Care Phone: (509)921-1000 Phone: 509-483-5249 Address: 11707 East Sprague Ave., Suite 106 Address: 7610 N. Freya St Spokane Valley, WA 99206 Spokane, WA 99217 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 conform 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 of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental Agreement for Services—Spokane Pro Care Page 2 of 6 Contract# 16-072 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. 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 and agreed 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 chapter 42.56 RCW 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,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 final 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. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Agreement for Services—Spokane Pro Care Page 3 of 6 Contract# 16-072 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 property damage of no less than $1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence, and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to the 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. 3.If Contractor maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days' notice to Contractor to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City, offset against funds due Contractor from the City. 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,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall 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 financially 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,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, Agreement for Services—Spokane Pro Care Page 4 of 6 Contract# 16-072 Contractor's agents, subcontractors, subcontractors, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify,and hold City harmless 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 pursuant to RCW 4.24.115. Contractor's duty to defend,indemnify,and hold City harmless 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, subcontractors and employees, shall apply only to the extent of the negligence of Contractor,Contractor's agents, subcontractors,subcontractors, 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,the reasonable value of anyservices rendered bythe office of the CityAttorney, outside Contractor costs, court costs, fees for Y 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 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. A waiver in one instance shall not 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 may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior 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 Agreement for Services—Spokane Pro Care Page 5 of 6 Contract# 16-072 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 if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Specifications for Roadway Weed Control Services B. Performance and Payment Bonds C. Insurance Certificates '1 The Parties have executed this Agreement this (Z day of r(.S ,20 IC . CITY OF SPOKANE VALLEY Contractor:A4Ak. Cd 41)7 ,k) Witt n • i ' • ana - By: at-4: CA.(ko t,{h,1)1641 C( ki VIGt Its: Authorized Representative ATT _ __ w►►.,i 41 Christine Bainbridge, City Clerk APPROVED AS TO FORM: Q.) Office the City Attorney Agreement for Services—Spokane Pro Care Page 6 of 6 ATTACHMENT A 41110#1\1111ftb SOokane .0,00Vall SPECIFICATIONS FOR ROADWAY WEED CONTROL SERVICES March 2015 Specifications for Roadway Weed Control Services (This Page Intentionally Left Blank) Page ii Specifications for Roadway Weed Control 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 2 1.10 CONTRACTOR SUPPLIED EQUIPMENT,MATERIALS&SUPPORT FACILITIES 3 1.11 VERIFICATION OF COMPLIANCE 3 1.12 CHANGES,CORRECTIONS,AND CLARIFICATIONS 3 1.13 PREVAILING WAGES 4 1.14 PAYMENT AUTHORIZATION 5 1.15 ADDITIONAL OPTION YEARS&FEE ADJUSTMENT 5 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-WEED CONTROL 11 THIS CHAPTER DESCRIBES THE WORK TO BE PERFORMED INCLUDING STANDARDS,SCHEDULE,QUANTITY,AND LOCATION. 11 3.1 CHEMICAL SPRAYING 11 Page iii Specifications for Roadway Weed Control Services (This Page Intentionally Left Blank) Page iv Specifications for Roadway Weed Control Services 1 SUPPLEMENTAL CONDITIONS This Chapter includes contract management provisions and requirements for payment approval. 1.1 WORK SUMMARY The City contracts to keep hardscape areas in arterial roadways weed and vegetation free. General expectations of these services include: • Spraying Pre-Emergent to prevent weeds and vegetation from growing • Spraying Post-Emergent to kill weeds and vegetation • Physical removal of plants The Work description above is not all inclusive but is representative of a comprehensive weed control contract for hardscape areas in arterial roadways. 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 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. Page 1 Specifications for Roadway Weed Control Services 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 a complete work. Any requirement binds as if stated in all parts. The contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 1.6 CONTRACT TERM The contract shall commence on the date the contract is executed and continue through the end of the 2015 calendar year. Thereafter 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. 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 Page 2 Specifications for Roadway Weed Control Services 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. 1.12 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.12.1 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: Page 3 Specifications for Roadway Weed Control Services • 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. 1.12.2 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. 1.13 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 March 20, 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. Page 4 Specifications for Roadway Weed Control Services 1.14 PAYMENT AUTHORIZATION 1.14.1 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. 1.14.2 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. 1.14.3 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. 1.14.4 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 Washington State Department of Labor and Industries "Affidavit of Wages Paid" is received by the City. The payment terms are net 30. 1.15 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. Page 5 Specifications for Roadway Weed Control Services 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 Weed Control 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 and supervisor contact information, including cell phone and email address • Planned invoicing amounts,periods, and contact information • Schedules for work • 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 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. Page 7 Specifications for Roadway Weed Control Services 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. 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. Page 8 Specifications for Roadway Weed Control Services 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 arterial hardscape 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 problems and recommended remedies • Any recommendations for changes to Specifications that adds value to the City. Page 9 Specifications for Roadway Weed Control Services (This Page Intentionally Left Blank) Page 10 Specifications for Roadway Weed Control Services 3 WORK SPECIFICATIONS - WEED CONTROL This Chapter describes the Work to be performed including standards, schedule, quantity, and location. This Specification applies to weed and vegetation control in all hard surfaced areas included under this Contract. The Contractor shall keep all areas included in this Contract weed and vegetation free. 3.1 CHEMICAL SPRAYING 3.1.1 Standard • The Contractor shall keep all areas included in this Contract weed free. Noxious weeds shall be sprayed or removed from all locations. • 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. 3.1.2 Vegetation-Free Areas Vegetation shall be sprayed and eradicated by the Contractor in the following areas of City-owned Arterial roadways and other areas as shown on the Exhibit Maps: • The crack between the pavement and curb; • The edge between the pavement and curb; • In cracks of sidewalks, curbs, medians, and other hard surfaced areas; • Between curbs, sidewalks, or pavement and traffic guardrails; • Between curbs, sidewalks or pavement and concrete traffic barriers; 3.1.3 Weed-Free Areas Weeds shall be sprayed and eradicated by the Contractor in the following areas of City-owned Arterial roadways and other areas as shown on the Exhibit Maps: Page 11 Specifications for Roadway Weed Control Services • A foot wide strip along the bare edge of sidewalk(other side of the curb) when managed landscape is not present. 3.1.4 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 per Chapter 2 of these Specifications. 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. 3.1.5 Approved Chemicals • City Approved List: 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. 3.1.6 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. Page 12 nr' *mane okane ,r,,,� Valley� BOND NO: 106302466 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County,has awarded to SPOKANE PROCARE,INC. (Contractor), as Principal, a contract for the construction of the project designated as ROADWAY WEED CONTROL SERVICES, Project No. 16-072 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 Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of CT 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$19,400 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal,its heirs,executors,administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions, and changes to said Contract that may hereafter be made,at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRI IPAL(CONT C I ) SU' TY tA-2/‘"/6 ° P .&hee. Principal Signature Date Surety Sign. re Date Kevin Schroeder Stacy Breithaupt Printed Name Printed Name • President Attorney-in-Fact - Title Title Name,address,and telephone of local office/agent of Surety Company is: Wheat&Associates Insurance, PO Box 3548, Spokane,WA 99220 509-922-2937 Updated 1.14.2013 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 4:::> POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 230416 Certificate No. 006619423 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Stacy Breithaupt,Derek Collett,Zac Wheat,Pat McNamara,and Shellie Duncan of the City of Spokane ,State of Washington ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any a actions or proceedings allowed by law. , . .``.- , `',-''i 71 ) - rye,``t' •�;: � -' IN WITNESS WHEREOF,the Companies have caused this instrument to' be signed and their corporate seals to be hereto affixed,this 2nd dayof February , 2016 "ti'•,,-;'-" \' ) ( i r,,.- �•'� _�* fir. •�` -',: Farmington Casualty Company' ,,..= ...> . ,`;;l '` St.Paul Mercury Insurance Company Fidelity and Guaranty InsuranceCompanyy •}, ' Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Eur �} Gp.sU� C r�l v„y `RE 6 ^N IN$' p+�NS(./...,g , Jp�tY ANp N16 '.`�Y� Y 'Y 2 CpP�I`�L :` (F, X '0c.F.......G9 J:... .....y., a 9c l� •ate O ♦ a i �i�Jp PORA)t-�m ... eoORAT 0 if INC A 2 iG,v�a z�S o �+rawtED 7t �.r�m — 1 i l' __ `; W HARTFORD a I 3�R�n tass �' 1 Ecru' i E 19.51 = i,,,'s /X'� ASE A1, 1 t t. .o Gelm.J Ir �'�`4 69.rVFANCE G� al........�at'f '�>�••... ..'�2 66. D % {Q 4r 41( State of Connecticut By: / City of Hartford ss. Robert L.Raney, enior Vice President On this the 2nd day of February 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. `TAR C V st My Commission expires the 30th day of June,2016. * p�`�G * Marie C.Tetreault,Notary PublicWw” 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: ll RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelityand Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies;'which is in•full force and`effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and:affixed the seals of said:Companies this( 5 day of -A-9);.\--() ,20 (UJ. Kevin E.Hughes,Assistant Sec Lary I.SU 1'lVl'I/ F\RE 11 IM v' IN '. OPPO44;.0 Y1< 4yJP " 402sOAAY \� 'WDOgfr �P 'eOP 4:: E, y' n " RAttU.. ,' ... W fCApPOAgTf;.. •ice 1982 O 1977 �+ 4.r. m: a i •»_ .n, 6 FNRIF6Fl0.a 1851 is r i caw. 1896y eNti s �•SEAL!o v:SSRL:'�JG� y'f...�-..val` v:+,. #8 • « V7 "//AN4 To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER crr� "'°� Soc�kane 40010Valley BOND NO: 106302466 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 SPOKANE PROCARE,INC. (Contractor), as Principal, a contract for the construction of the project designated as ROADWAY WEED CONTROL SERVICES, Project No. 16-072 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 Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws CT 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$19,400 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers,mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRI/t }-;-{ CIPAL(CONT CT R) SURETY ii v74, :0 __-i=-E!•0- i . 9/Goko Principal Signature Date Surety Si:irure Date Kevin Schroeder Stacy Breithaupt Printed Name Printed Name President Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Wheat&Associates Insurance, PO Box 3548, Spokane,WA 99220 509-922-2937 Updated 1.14.2013 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • Agiel. POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 230416 Certificate No. 0 0 6 6 1 9 4 2 5 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Stacy Breithaupt,Derek Collett,Zac Wheat,Pat McNamara,and Shellie Duncan of the City of Spokane ,State of Washington ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their;business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. ,''•'� ,« .a '`A 'r 2nd IN WITNESS WHEREOF,the Companies have caused this instrument to be signed.and their corporate seals to be hereto affixed,this dayof February 2016 f.'° 1,q ', r,,,n;y. ':- Farmington Casualty Comp ' Company j ✓ $' St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance'Company1,,.3 Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company G��I.pSnUn./� 4�1...� v ,F\RE 6� ON.! •+ N$V JP�'fV gpJ01: (�(y,l�._02 V"�'Yl L Pr '4y` �� ? 4� �9fC00.PORq)�i �� POR �yC i2. G"D� •t1982e'o MCORPOwe m1. ,�,! ... e m ,�s qr0 z u�a`?ixc�ggpv t 19�! 4.aa a:' —._ :o: r- HARTFORD,_- s r = 1951 itr'� .SEAL Onf o: m CONN. n N 1896Y" as y 3,a s o. ,,,, .'y, IV.SEAL,•'D 'm ro o�day tiN ! �� °�i ",` .s� \> ....:;�L 1 01... esd �t 1 ''',^42,V,,. "`a .:» s.. r f • 'N A�A1T4 //-a/ State of Connecticut By: 41 / City of Hartford ss. Robert L.Raney, enior Vice President On this the 2nd day of February 2016 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. C` U/" '� e • �n,e v1 My Commission expires the 30th day of June,2016. �►Ammo * Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies;which is in full force and'effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this ffi day of "Y 20 1 Kevin E.Hughes,Assistant Sec tary GA5t,4 PA6y .N..N.,MI..N.y. a #-:•g.-;;;.S:�a1 �P `1Y I, e ,01"444.N ti4 01Y At Cp41� AN.,06 Nc ttt .. hi" 4fH WISP0RAno‘ HA t , "1/47,4.„.";:0-2) ` 19" . 1951 " o t•S.EAL/sof toB") ; cc" \ 1896 4 -.4n A( � To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SPOKANE PRO-CARE INC Page 1 of 1 : ':::iej i:`,.1 I 44) STATE of WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage April 11, 2016 WA UBI No. 601 160 044 1 L&I Account ID 977,097-00 Legal Business Name SPOKANE PRO-CARE INC Doing Business As SPOKANE PRO-CARE INC ' Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2015"31 to 50 (See Description Below) Workers" Account Representative TO/DALE MCMASTER(360)902- 5617-Email: MCMS235@Ini.wa.gov Licensed Contractor? Yes License No. SPOKAPI093M6 License Expiration 02/23/2017 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). https://secure.lni.wa.gov/verify/Details/liabilityCertificate.aspx?UBI=601160044&LIC=SP... 4/11/2016 ��...40 SPPRO-1 OP ID:SB AC"ORO" DATE(MM/DD/YYYY) k,.....j,-----'" CERTIFICATE OF LIABILITY INSURANCE 03/02/2016 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 ?PRESENTATIVE 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 CONTNAME:ACT Zac Wheat Wheat&Associates Insurance PHONE FAX P.O.Box 3548 (A/C,No,Ext):509-922-2937 (A/C,No): 509-922-4103 Spokane,WA 99220-3548 E-MAIL DRESS:zac@wheatinsurance.com Zac Wheat INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Cincinnati Insurance Co 10677 INSURED Spokane Procare, Inc. INSURER B: 7610 N. Freya Spokane,WA 99217-8005 INSURER C 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. 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 EPP0064463 02/21/2016 02/21/2017 DAMAGE TO RENTED 500 000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 1 POLICY X PEa LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ^ X ANY AUTO EPP0064463 02/21/2016 02/21/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ 1 AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE EPP0064463 02/21/2016 02/21/2017 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE EPP0064463 02/21/2016 02/21/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Equipment Floater EPP0064463 02/21/2016 02/21/2017 Rented Eq 25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The City of Spokane Valley is included as additional insured,as required by written contract or agreement,as per endorsement GA233.Coverage is primary and non-contributory, includes completed operations and waiver of subrogation applies. RE: Roadway Weed Control Contract. CERTIFICATE HOLDER CANCELLATION CITSP-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept 11707 E Sprague Ave Ste 106 AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 iiiii Ilia 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) be- Insurance, 6. Voluntary Prop- low (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- 1 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 deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or con- Claim or Suit, applies to each tract where a certificate of claim or"suit" irrespective of the insurance showing that per- amount. son or organization as an additional insured has been (3) We may pay any part or all of issued, the deductible amount to effect settlement of any claim or"suit" is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken,you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- 7. 180 DayCoverage for NewlyFormed or ing the policy period; Acquird Organizations and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: occurrenceor offense to which this insurance Subparagraph a. of Paragraph 4. is would apply;and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in- a. Insurance under this provision is af- sured 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; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV-COMMERCIAL GENERAL and insurance coverage pro- LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to is limited as provided herein: Us is hereby amended by the addition of the following: (a) The manager or lessor of a premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or"your work" done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded in the "products-completed opera- part of a premises leased to tions hazard". However, our rights may you, subject to the following only be waived prior to the "occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Coy- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our 1) Any"occurrence"which request, the insured will bring "suit" or takes place after you transfer those rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Sped- 2) Structural alterations, fled Relationships new construction or a. The following is hereby added to demolition operations SECTION II-WHO IS AN INSURED: performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 half of such additional solely for the pur- insured. pose of inspection, demonstration,(b) Any person or organization testing, r the from which you lease substitution of equipment with whom you parts under in- have agreed per Paragraph structions from the 9.a.(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con- I solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence"which takes place normally under- after the equipment lease takes to make in expires. the usual course (c) Anyperson or organization of business, in 9 connection with (referred to below as ven- the distribution or dor) with whom you have sale of the prod- agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arising ing or repair op- out of"your products"which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or "Bodilyinjury" or sale by you, have a) 1 ry' been labeled or re- "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any pay damages by other thing or sub- reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exdusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or Anyphysical or containing such c) p Y products;or chemical change in the product b) When liability in- made intentionally cluded within the by the vendor; "products- completed opera- d) Repackaging, tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 1 been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1)above sped to such to provide insurance, but products. only with respect to liability (d) Anystate orpolitical subdi- arising out of "your work" performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re- with respect to the following quired by the written con- hazards for which the state tract or agreement,but in no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe- this insurance applies: Hod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair, construc- ganization's status as an in- tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op- signs, awnings, cano- erations for that insured are pies, cellar entrances, completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in- or jury" 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 this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad- agreed per Paragraph ditional insured or their 9.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 issued a permit. 1) Defects in design fur- nished by or on behalf 2) This insurance does of the additional in- not apply to "bodily in- sured; or jury", "property dam- age" or "personal and 2) The rendering of, or advertising injury" aris- failure to render, any ing out of operations professional architec- performed for the state tural, engineering or or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 a) The preparing, primary to other insurance approving or fail- available 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. and specifications; Other Insurance, b. and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tura) or engineer- available to the addl- ing activities. tional insured as an additional insured by 3) "Your work"for which a 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 endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION III - ConformancefoContract or LIMITS OF INSURANCE is amended to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para- written contract or agreement or in graph 9.a.(2)(f)above only: the Declarations of this Coverage If a written contract or Part,whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: plicable to the additional insured are those specified in the Dedarations of a. Be provided by the In- this Coverage Part. The limits of in- surance Services Office surance are indusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- c. SECTION IV -COMMERCIAL GEN- tion specified);or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5. Other Insurance is or amended to include: c. Include coverage for (a) Where required by a written "your work"; contract or agreement, this and where the limits or cov- insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and /or noncon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted (b) Any insurance provided by as providing the limits or this endorsement shall be coverage required by the terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 • or agreement, but only to (c) Persons or organizations the extent that such limits or making claims or bring coverage is included within "suits". the terms of the Coverage Part to which this endorse- (2) Deductible Clause ment is attached. If, how- (a) Our obligation to pay dam- ever, the written contract or ages on your behalf applies agreement specifies the In- only to the amount of dam- surance Services Office ad- ages for each "occurrence" ditional insured form num- which are in excess of the ber CG 20 10 but does not Deductible amount stated in specify which edition, or Section B. Limits of Insur- specifies an edition that ance, 11. of this endorse- does not exist, Paragraphs ment. The limits of insur- 9.a.(3)(a) and 9.a.(3)(b) of ance will not be reduced by this endorsement shall not the application of such De- apply and Paragraph 9.b. of ductible amount. this endorsement shall ap- ply. (b) Condition 2. Duties in the Event of Occurrence, Of- 10. Broadened Contractual Liability-Work fense, Claim or Suit, ap- Within 50'of Railroad Property plies to each claim or "suit" It is hereby agreed that Paragraph f.(1)of irrespective of the amount. Definition 12. "Insured contract" (SEC- (c) We may pay any part or all TION V-DEFINITIONS) is deleted. of the deductible amount to 11. Property Damage to Borrowed Equip- effect settlement of any ment claim or"suit"and, upon no- tification of the action taken, a. The following is hereby added to Ex- you shall promptly reim- clusion j. Damage to Property of burse us for such part of the Paragraph 2., Exclusions of SEC- deductible amount as has TION I -COVERAGES, COVERAGE been paid by us. A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 12. Employees as Insureds - Specified Health Care Services Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- hereby g ment loaned to you, provided they 2.a.(1)(d) of SECTION II - WHO IS AN are not being used to perform opera- INSURED, does not apply to your "em- tions at the time of loss. ployees" who provide professional health care services on your behalf as duly Ii- b. With respect to the insurance pro- censed: vided by this section of the endorse- ment, the following additional provi- a. Nurses; sions apply: b. Emergency Medical Technicians;or (1) The Limits of insurance shown in c. Paramedics, the Dedarations are replaced by the limits designated in Section in the jurisdiction where an "occurrence" B. Limits of Insurance, 11. of or offense to which this insurance applies this endorsement with respect to takes place. coverage provided by this en- dorsement. These limits are in- 13. Broadened Notice of Occurrence clusive of and not in addition to Paragraph a. of Condition 2. Duties in the limits being replaced. The the Event of Occurrence, Offense, Limits of Insurance shown in Claim or Suit (SECTION IV-COMMER- Section B. Limits of Insurance, CIAL GENERAL LIABILITY CONDI- 11. of this endorsement fix the TIONS) is hereby deleted and replaced most we will pay in any one "oc- by the following: currence" regardless of the by the following: number of: a. You must see to it that we are noti- (a) Insureds; fied as soon as practicable of an"oc- currence" or an offense which may (b) Claims made or "suits" result in a claim. To the extent pos- brought;or sible, notice should include: (1) How, when and where the "oc- currence"or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15