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19-163.00 Senske Lawn & Tree Care: Emergency Traffic Control
Contract No. 19-163 AGREEMENT FOR SERVICES Senske Lawn and Tree Care Emergency Traffic Control THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Senske Lawn and Tree Care,hereinafter"Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services, stop work,and promptly cure any failure in performance under this Agreement B Representations City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws, rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant 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 Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant 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. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants 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 OT advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant 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 completion of all contractual requirements have been met as determined by City. Consultant shall Emergency Traffic Control-Senske Page 1 of 8 Contract No. 19-163 complete its work by December 3 I.2020,unless the time for performance is extended in writing by the Parties. 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 Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $15 000 as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant 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. Consultant 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 reasonablejudgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shal I be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name: Senske Lawn and Tree Care Phone:(509)720-5000 Phone: (509)893-3183 Address: 10210 East Sprague Avenue Address: 7115 E.Cataldo Ave. Spokane Valley, WA 99206 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. Consultant 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 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 Emergency Traffic Control-Senske Page 2 of Contract No. 19-163 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 Consultant 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 Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant 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 Consultant 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 Consultant 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 Consultant shall have no liability for the use of Consultant'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 Consultant'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. l 1. Insurance. Consultant 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 Consultant, its agents,representatives,employees,or subcontractors. A.Minimum Scope of Insurance. Consultant 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 Consultant'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. 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. Emergency 1 rata Control-Senske Page 3 of 8 Contract No. 19-163 B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: I.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.Consultant'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 Consultant's insurance and shall not contribute with it. 2.Consultant shall fax or send electronically in pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant 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 Consultant, irrespective of whether such limits maintained by Consultant 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 Consultant. 4. Failure on the part of Consultant 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 Consultant 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 Consultant 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, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant 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. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant 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 Consultant, Emergency Traffic Control-Senske Page 4 of g Contract No. 19-163 Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law. subject only to the limitations provided below Consultant'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. Consultant'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)Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants,and employees. Consultant'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 any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection,and all other claim-related expenses. Consultant 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 Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant 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 partthereof 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 othenvise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant 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 Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in Emergency Traffic Control-Senske Page 5 of 8 Contract No.19-163 any arbitration proceeding between City and any third party that includesa claim or claims that arise out of,or that are related to Consultant's services under this Agreement.Consultant further agrees that the Arbitrator(s)' decisiontherein shall be final and binding on Consultant and that judgment maybe entered upon it in anycourt 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 feesind 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 theParties 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 commencementofwork under this Agreement,Consultantshall register with the City as a businessif it has not already done so 22.Severability. If any section,sentence,clause,or phrase ofthis Agreement should be held to be invalid for any reason by a court ofcompetentjurisdiction,such invalidityshall not affect the validity of any other section, sentence,clause or phrase ofthis Agreement. 23.Exhibits. Exhibits attached and incorporated into thisAgreement are: A. Scope of Services/Fee Proposal B. Insurance Certificates C.Assurance of compliance with applicable federal w The Parties have executed thisAgreement thi ay of Or frket ,20,8 CITY OF SPOKANE VALLEY Consultant: Mark Calhoun,City nager 7 : Timothy u bi gh Authori -d Re irt.entative AT 12 nv1 nstine Bainbridge,City Clerk APPROVED ASS TO FORM: Office o he Cit)' ttorney�� Emergency Traffic Control-Senske Page 6 of8 nrvaal Community&Public Works Department 10210 E Sprague Avenue • Spokane Valley WA 99206 Phone: (509)720-5000 • Fax: (509)720-5075 4 www.spokanevalley.org October 17. 2019 EXHIBIT A— SCOPE OF WORK 2020 EMERGENCY TRAFFIC CONTROL SERVICES Senske Lawn and Tree Care, Inc. (hereinafter referred to as the CONTRACTOR) shall provide traffic control support for the City of Spokane Valley (City) from January 1, 2020 to the end of the day December 31, 2020. This work is on-call, at the City's request, and will normally take place outside of the City's posted business hours. The CONTRACTOR shall receive dispatches via cell phone and communicate with Emergency Services(911)and/or the City to assist in incident management. The CONTRACTOR shall be required to have a member of its personnel arrive at dispatched locations within the City no later than 60 minutes after first notification. Typically, the initial response will be to incidents that would pose a significant hazard to the traveling public if the hazard is left unattended or not properly guarded with traffic control. It is anticipated that the CONTRACTOR would need to only dispatch one person and one truck per incident. After arrival on the incident scene,the CONTRACTOR's personnel shall: I. Make an assessment of the situation 2. Provide adequate traffic control or road closures accordingly per the most recent MUTCD standards and applicable Washington Administrative Codes. 3. Report back to City Public Works personnel via phone on what has occurred, how it was handled, and to possibly receive further instruction. 4. Document the completed traffic control through digital photo and/or hand sketch plan. Examples of emergency traffic control events include, but are not limited to: • Trees, limbs, or other debris that fall onto roadways and cannot be readily removed. • Flooding of City roadways requiring"WATER OVER THE ROAD" signage. • Responding to other hazards on the City roadway system such as sink holes. The CONTRACTOR shall only dispatch personnel with current Washington State Flagger Certification,with a truck sized and rigged to safely and efficiently assist in the performance of traffic control. The truck shall be able to adequately carry traffic control signage.materials and equipment to close roads or divert traffic around the various hazards or events. The City shall provide to the CONTRACTOR traffic control signage. cones, and other materials to adequately provide the traffic control,which items shall be returned to the City at the end of the contract term. SCOPE OF SERVICES - 2020 Emergency Traffic Control Services Page 1 of 2 CONTACT INFORMATION The CONTRACTOR shall provide a cellular numbers for at least three contacts and list the name of the contact associated with the number. The CITY shall provide the CONTRACTOR's contact information to 911 Emergency Services for dispatch of the services described in this document. The CITY shall provide to the CONTRACTOR a CITY contact and phone number list for the CONTRACTOR's responder(s)to communicate during and after emergency response events. MEASUREMENT AND PAYMENT Hourly rates for time, materials and equipment, as noted in below shall include all labor, material, skill, traffic control, transportation and equipment necessary and/or incidental to respond to roadway incident emergencies when called on by the City to respond. The work shall consist of providing an initial response to street and storm drainage emergencies, on-call and at the City's request. Work includes responding and arriving to the dispatched incident location within 60 minutes after notification,making an initial assessment of the situation,providing adequate traffic control or road closures per the most recent Manual on Uniform Traffic Control Devices (MUTCD)standards and applicable Washington Administrative Codes,coordinating with the City Public Works personnel regarding the incident and response by the contractor, and providing digital photos and documentation of the traffic control set-up. CONTRACTOR shall record the personnel time for each response event,rounded up to the nearest one-half hour, starting from the time that the CONTRACTOR's personnel receives the first dispatch notification for incident response until the CONTRACTOR completes all responses to dispatches received during an event. An event response shall include multiple dispatched call-outs when dispatches are continuously received within 60 minutes of each other. The minimum call- out time for an event response shall be two hours. The following agreed-upon daily and hourly rates for"Time and Materials"to complete this work are as follows: TIME AND MATERIAL RATES 1. Monthly not-to-exceed stand-by cost for CONTRACTOR personnel and truck: $488/month 2. Hourly rate for a CONTRACTOR personnel and truck: $88.00/hour 3. 25 percent mark-up allowed for materials on CITY approved force account work SCOPE OF SERVICES - 2019 Emergency Traffic Control Services Page 2 of 2 i "1 SENSLAW-01 REa4I ING R �`O n CERTIFICATE OF LIABILITY INSURANCE DATE'MM12019 o1/z6nols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(es)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms end conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Mr. Pcnestmsu "elaEMS(509)9466161 PP ,Na.(B66)215-4862y ®Wst insurance,Inc. 390 Bradley Blvd. :p'baess. Richland,WA 99352 INSURER($)AFFORDING COVERAGE RAW II INSURER A:The Cincinnati Insurance Company 10677 INSURED Arent(;.One Beacon Senske Lawn&Tree Care,Inc INSURER C 400 North Quay Street INSURER o: Kennewick,WA 99336 INSURER E' INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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. MSR rypEOF MSURANCE AOM SUOR POLICY EFF POLICY EXP TR MSD VIVO POLICY NUMBER IMMNWYYYYI m81/00MYYY1 MRS X COMMERCIAL GENERAL ILLBIYIY EACH OCCURRENCE 1,060,000 CLAMS-MADE I X I OCCUR X EPP0177069(WAND/UT) 01/28/2019 01/28/2020 DMAA IstENT mmwlMAe° 1 500,000 MED DIP(My car o.�ll 10,000 PERSONAL a POVINn1RY 1,000,000 GEAGGREWF LIMIT/IFPI rap PER. GENERAL AGGREGATE 2,000,000 L POLICY I I ]LDC PRODUCTS-CAMRVPAGG 2,000,000 OTHER WA Stop Gap 1,000,000 A AUTOMOBILE LIABILITY LOMUII rPEOOISINGLE LIMIT 1,000,000 X ANY Aur° — EBA0177069(WMD/UT) 01/2812019 01/28/2020 �BFOODILY INJURY(Par Noreen)OWNEDSCHEDULED _ AUTOS ONLY _AUTOSSµN� er ABODILY INCL/NIi t) En X PIM ONLY _AXIUUTOS MILT W PemR nt UPGE X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 4,000,000 EXCESS LIAB CLAIMS-MADE EPP0177069(WMDIUT) 01/28/2018 01/28/2020 AGGREGATE4,000,000 DED REIEMIONS AW EMPLCOMPENSATION OYG EL BALI Y V'N STAP NE I ER ANY RNPREETgO�RRARTNERIE%ECUTNE L.EACH ACCIDENT mala totIf NHI EXCLUDED? N/A II .deeNMUMa EL DISEASE-EA EMPLOYEE Dt PJPT.ON OF WERATONS WW 1 EL DISEASE-POLICY WR Equipment Floater EPP0177069(WA/ID/UT) 01128/2019 01/28/2020 RENTEDAEASED EQUIP 110,000 B Commercial Pollution 1930017960002 01128(2018 01/28/2020 POLICY UNIT 1,000,000 NERCO/all/IN OF OPERATIONS/LOCATIONS)VEHICLES(ACORD 101,Ad4N4caI Remarks SelaaWe,me be aIaWO II n mospare la ra nw SNOW REMOVAL LIABILITY-Gemini Insurance Company Policy Term 1/28/19 to 1/28120 Policy Number#VCGP0243,n Lleb IN y Limit- $1,000,000 Occurrence with $2,000,000 Aggregate EMPLOYEE DISHONESTY COVERAGE.525,000 with 5500 Ded. RE:Maintenance,Snow Removal, Emergency Traffic Control,Roadway Landscaping Services CIN of Spokane Valley is named as additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Spokane Valley Parks 8 Recreation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PublicWorks Dept. ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E.Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRRIrEE.SS�E.40100. nT�AT�IeV�E ACORD 25(2016/03) ®1988---2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract No. 19-163 Exhibit C—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Consultant for itself, its assignees,and successors in interest(hereinafter referred to as the"Consultant")agrees as follows: 1.Compliance with Regulations:The Consultant 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 Consultant,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 Consultant 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 Consultant 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 Consultant of the Consultant'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 Consultant 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 Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant 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 Consultant'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 Consultant under the Agreement until the Consultant complies: and/or b. cancelling,terminating,or suspending the Agreement,in whole or in part. 6.Incorporation of Provisions:The Consultant 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 Consultant 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 Consultant becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,the Consultant 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 Consultant Emergency Traffic Control-Senske Page 7 of 8 Contract No. 19-163 agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: 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 1982,149 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.C. §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);and 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.). Emergency Traffic Control-Senske Page 8 of8 SENSLAW-01CMEYER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: PHONEFAX Richland Office (509) 946-6161(866) 215-4862 (A/C, No, Ext):(A/C, No): PayneWest Insurance, Inc. E-MAIL 390 Bradley Blvd. ADDRESS: Richland, WA 99352 INSURER(S) AFFORDING COVERAGENAIC # Western National Assurance Company24465 INSURER A : INSURED Homeland Insurance Company of New York34452 INSURER B : INSURER C : Senske Lawn & Tree Care, Inc 400 North Quay Street INSURER D : Kennewick, WA 99336 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 500,000 CLAIMS-MADEOCCUR X CPP1224746001/28/20201/28/2021 $ PREMISES (Ea occurrence) X 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA STOP GAP1,000,000 OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO CPP1229649001/28/20201/28/2021 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 2,000,000 A XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ UMB1038923001/28/20201/28/2021 2,000,000 EXCESS LIABCLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ RENTED/LEASED EQUIPCPP1229707001/28/20201/28/2021 POLICY LIMIT110,000 A Commercial Pollution79300179600021/28/20201/28/2022 POLICY LIMIT1,000,000 B DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Maintenance, Snow Removal, Emergency Traffic Control, Roadway Landscaping Services City of Spokane Valley is named as additional insured. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley Parks & Recreation ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. 10210 E. Sprague Ave AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. 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