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19-071.00 Spokane Landscaping & Maint: City Hall Tree Replacement Contract No. 19-071.00 CONSTRUCTION AGREEMENT Spokane Landscaping & Maintenance THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and Spokane Landscaping&Maintenance, ("Contractor')jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools, materials, supplies, and equipment and other items necessary for the construction and completion of the City Hall Tree Replacement Project(the"Work")in accordance with documents described in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in atimely manner,and cure any failure in performance under this Agreement Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as maybe adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of execution of this Agreement and shall complete the Work by April 15, 2019. 3. Compensation In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$950 00,plus Washington State Sales Tax of$84.55(if applicable), for a total of$1,034.55, based on the bid submitted by Contractor(Exhibit B), and as may be adjusted in accordance with the Contract Documents. 4.Payment Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6 Pursuant to chapter 60.28 RC W, five percent of the compensation due Contractor shall be retained by City. 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 Contract Documents, City standards,City Code, state standards, or federal standards. Construction Agreement Page 1 of 9 5. Notice Notice 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 Landscaping&Maintenance Phone: (509) 720-5000 Phone: (509)922-3660 Address 10210 East Sprague Avenue Address: P.O. Box 14990 Spokane Valley, WA 99206 Spokane Valley, WA 99214 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state,and local laws,codes,and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant 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 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.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39 12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage,as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW The following information is provided pursuant to RCW 39.12.030: Construction Agreement Page 2 of 9 A State of Washington prevailing wage rates applicable to this public works project, published by L&L are located at the L&1 website address: haps.//fortress.wa.gov/Ini/wagelookup/pry W agelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 9.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 only in 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. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 10.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 RC W,or other applicable public record laws. 11.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. 12 Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defector failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defector failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 13.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. 14.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor may elect to have the City retain 10%of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RC W 39.08.010(31. 15. 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,or employees. Construction Agreement Page 3 of 9 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,products- completed operations, stop gap liability, personal injury, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 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 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C.Other Insurance Provisions. The insurance 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 City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be 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 Construction Agreement Page 4 of 9 material breach of this 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 City 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. F.Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13. 16 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,attorneys 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 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. Contractor's duty to defend,indemnify,and hold City harmless against liability for damages ansing 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 consultant 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 RC W. 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. Prov ided, that Construction Agreement Page 5 of 9 Contractor's waiver of immunity by the provisions of this paragraph 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. 17.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 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 18 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. 19.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 20.Disputes All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 21. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70 87 RCW. This verification requirement shall be included in every subcontract of every tier 22.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County. State of Washington. 23. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties. 24. 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. 25. 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. 26.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. Construction Agreement Page 6 of 9 27. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B Insurance Endorsements C Assurance of compliance with applicable federal la s The Parties have executed this Agreement this, day of April,2019. CITY OF SPOKANE VALLEY: Contractor: .fas k Calhoun,City Manager By:/f rt Its Author -d entative ATTE: L.. �' Christine Bainbridge, City Cler A/[�P�"IPPR'OVE-D AS� TO FORM: Office of re City Attorney Construction Agreement Page 7 of 9 EXHIBIT A Scope of Services Spokane Landscaping and Maintenance shall do all work and furnish all labor, supervision,tools, materials, supplies and equipment and other items necessary to complete the scope of work listed below. • Remove existing Abies Concolor fir tree from location in front of Spokane Valley City Hall. • Install City supplied 1T-18' tall Colorado Green Spruce in location where Fir was removed. Tree to be picked up at Gibson Nursery. • Installation and planting to be as per industry standards including staking as directed by Gibson Nursery. • Work around existing utilities within the planting area and repair any damage that may occur. • Leave the site in the same condition it was prior to the installation. 1 ----..m./ SPOKLAN-01 RPAVIS ALRO CERTIFICATE OF LIABILITY INSURANCE a"TE 04/04/2019 ' 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 policyfes)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). PRODUCER PDT Sherri Stroh Allient Insurance Services,Inc. (HO Ns,Ext):(509)343.9286 1 IA .Ne):(509)325-1803 818 W Riverside Ave Ste 800 E.MM Spokane,WA 99201 ADpess.sstroh®allfant.com INSURERS)AFFORDING COVERAGE WC INSURER A:Ohio Security Insurance Company 24082 INSURED INSURER B: 509 Landscaping HUB DBA Spokane Landscaping 8 Maint INSURER c: PO Box 14990 INSURER 0: Spokane,WA 99214 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 NOTWTHSTANDING Ma REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWTH 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 MID CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ' TYPE OF INSURANCE ADDL BUBB POUCY NUMBER POUCY EFF Po CY SIP LIMITS LTR IOW? WVO IMMNM'YYYI IM NY1'YYI A X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X BKS58708741 03/302019 03/302020 pR%AA;EH O cel $ 1,000,000 MED DIP(Pm one person) $ 15;000 PERSONAL B ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY IglT LOC PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Es accident) $ X ANY AUTO X X BAS58708741 03/302019 03/30/2020 ROPILY INJURY(Per pe,sonl $ _ OWNED SCHEDULED AUTOS ONLY AUTOS Fp BODILY INJURY(Per accident) $ X AUTOS ONLY X Plante (Per DAMAGE PROPERTY $ $ UMBRELLA WB OCCUR EACH OCCURRENCE $ I EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTON$ $ A WORKERS COMPENSATION STATRE X EORµ ANYEMPRIETOs LIABILITY BKS5B708741 03x302019 03/3W2020 1,000,000 ANY PROPRIETOR EXCLUDEF%ECUTIVE Y/N EL EACH ACCIDENT $ (F:n atorym EXCLUDED? N N/A 1,000,000 EL DISEASE-EA EMPLOYEE $ a RIPTFOe OFO 1,000,000 DESCRIPTION OF OPERATIONS below ELDIaEASE-POLICYLIMIT S. DESCRIPTION OF OPERATORS/LOCATIONS/VEHICLES (ACORO101,Additional Remarks Schedule, y he etleehed U more space is required) Holder is Additional Insured regarding the Ongoing Operations of the my Insured,on a Priary S Noncontributory basis,as required per written contract and as permitted by the policy. Waiver of Subrogation applies In favor of Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyWashington THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN poke 9 ACCORDANCE WITH THE POUCY PROVISIONS. 10210 E.Sprague Ave Spokane Valley,WA 99208 AUTHORIZED REPRESENTTTAA�IIVVEE'/� ACORD 25(2016/03) 21988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted matenal of Insurance Services Office,Inc,with its permission. Page 1 of 8 4/42019 509 LANDSCAPING HUB INC -trio r STAN OF WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage April 4, 2019 WA UBI No. 604 260 489 L8.1 Account ID 664,722-00 Legal Business Name 509 LANDSCAPING HUS INC Doing Business As 609 LANDSCAPING HUB INC Workers'Comp Premium Stalin: r Account Is current Estimated Workers Reported Quarter 1 of Year 2019"0"Workers (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? Yes License No SPOKALM821J7 License Expiration 04/27/2020 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,cancellationdates, limitations of coverage or waiver of subrogation(See JgCW 51.12.050 and 51.16.190). httpsi/secure InLwa.govNeriry/DetaiIsfliabilityCertNcate aspx?UB1=6042604898LIC=SPOKALM821J78V10=8SAW=faIse&ACCT=66472200 1/1 4/4/2019 SPOKANE LANDSCAPING&MAI NT Search L81___-_ ._.______ CoWashington State Department of Labor & Industries SPOKANE.LANDSCAPING&MAINT Owner or tradesperson PO BOX 10.990 SPOKANE,WA 99214 Principals 809-922-3880 LAMP,MARK DAVID,PRESIDENT SPOKANE County LAMP,SHELLY L,SECRETARY Doing business as SPOKANE LANDSCAPING&MAINT WA UBI No. Business type 004200498 corporation parent tonging Governing persons 609 I/NDSCAPINO FIBBING MARK LAMP SHELLEY L LAMP, License Ve*ths cantWoYi idea Iedab.9on I license I Wttl90eon(dependnp on bade)and any past v1o1a99ans. Qembupuon,nannaefa U.S mum!requirements. License specialties LANDSCAPING License no SPOKALM821A Effective—expiration 04/27/1018-04/27/2020 Bend �Westont Surely Co 80,000.00 Bend account na 89688290 RevNad by L41 Malin date 04127/2018 oM81Y010 Expiation dale IJS Caseated Insurance Ohio Security Ins Co $1,000,000 00 Polley no BKS68108741 Received by L&I Effective date 03/14/2019 03/30/2018 Expiration date 03/30/2010 Savings No savings accounts during the previous 6 year period. Laws nits against thetond or savings Nips//secure Ini wa.gov/venfy/Detail aspx?UBI=8042604898LIC=SPOKALM821J7&SAW= 1/2 Exhibit C—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Contractor, for itself, its assignees,and successors in interest(hereinafter referred to as the "Contractor")agrees as follows 1.Compliance with Regulations: The Contractor shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation,Washington State Department of Transportation(WSDOT),as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2.Non-discrimination:The Contractor,with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4.Information and Reports-The Contractor shall provide all information and reports required by the Acts, the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance:In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: a. withholding payments to the Contractor under the Agreement until the Contractor complies:and/or b.cancelling,terminating,or suspending the Agreement. m whole or in part. 6.Incorporation of Provisions:The Contractor shall include the provisions of paragraphs one through six of this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement,the Contractor agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Construction Agreement Page 8 of9 Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability), and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq ),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982,(49 USC §471, Section 47123), as amended.(prohibits discrimination based on race,creed,color, national origin.or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not), Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C.§§1213I-12189)as implemented by Department of Transportation regulations at 49 C.F.R parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.0 §47123) (prohibits discrimination on the basis of race, color,national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). Construction Agreement Page 9 of 9