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21-012.00 Senske Lawn & Tree Care: Roadway Landscape Maintenance
Contract No. 21-012 CONSTRUCTION AGREEMENT Senske Lawn and Tree Care,Inc. 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 Senske Lawn and Tree Care, ("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 Roadway Landscape Maintenance Project(the"Work")in accordance with documents described in Exhibit B 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 a timely 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 may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work within the times specified in the Contract Documents. The City may extend the Agreement for up to four additional one year terms,which will commence on or about January 1 of each year and end on December 31 of that year. The City will give the Contractor written notice of its intent to extend the Agreement at least 60 days before the Agreement term expires. The total duration of the Agreement shall not exceed five years. 3. Liquidated Damages. None. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents for a total of$84,948 per year based on the bid submitted by Contractor(Exhibit C),and as may be adjusted in accordance with the Contract Documents. 5.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 Construction Agreement Page 1 of 9 Department at the address stated in paragraph 6. 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. 6.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: Senske Lawn&Tree Care Phone: (509)720-5000 Phone:509-535-3591 Address: 10210 East Sprague Avenue Address: 7115 E Cataldo, Spokane Valley, WA Spokane Valley, WA 99206 99212 7.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. 8. 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. 9.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. Construction Agreement Page 2 of 9 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: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I,are located at the L&I website address: https://fortress.wa.gov/lni/wagelookup/pry Wage 1ookup.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. 10. 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. 11. 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. 12.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. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or 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 defect or 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. 14.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. 15. 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, Construction Agreement Page 3 of 9 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 RCW 39.08.010(3). 16.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. 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 $2,000,000 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 Construction Agreement Page 4 of 9 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 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 D. 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. 17. Indemnification and Hold Harmless. Contractor shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss,costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify, and hold 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 arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor,Contractor's agents,subcontractors,subconsultants,and employees. Construction Agreement Page 5 of 9 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 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 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. 18.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. 19. 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. 20. 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. 21. 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. 22. 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. 23. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 24.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. Construction Agreement Page 6 of 9 25.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 gill,favor,service,or other thing of value from any person with an interest in this Agreement. 26. Business Registration. Prior to commencement of Work tinder this Agreement, Contractor shall register with the City as a business if it has not already done so. 27.Sever ability. 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. 28.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Assurance of compliance with applicable federal laws B. Scope of Work C. Cost Statement D. Insurance Endorsements E. Performance and Payment Bond The Parties have executed this Agreement this I8f_ day of A aC c., ,2Q 2.I CITY OF SPOKANE VALLEY: Contractor: 1qWlz— Mark Calhoun,City Manager B : 1M p ` ry I : Author' ed entative APPROVED AS TO FORM: • l / Office •f ie City • ttomey Constriction Agreement Page 7 of 9 Exhibit A—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, in 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. Construction Agreement Page 8 of 9 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: 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.§§12131-12189)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); 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 Exhibit B - Scope of Work Roadway Landscaping Services SVPW Contract#21-012 The following are herein incorporated by reference and are part of this contract to be executed as the scope of work, provided that if any provisions in such documents conflict with the terms of this Agreement, the terms of this Agreement shall control: 1. "Contract Provisions and Specifications: Roadway Landscaping Services, Bid No. 21- 012 2. Also incorporated into the Contract Documents by reference are: a. Standard Specifications for Road, Bridge, and Municipal Construction 2016, M 41-10"as issued from the Washington State Department of Transportation and the American Public Works Association (APWA), Washington State Chapter. General Description of Work: The City Contracts for landscape, maintenance, of stormwater drainage areas, open space, rights- of-way, and other grassy facilities operated by the Public Works Department and generally supporting the City's roadway system. General expectations of these services include: • Mowing • Spraying for pests and weeds • Aerating • Fertilizing • Pressurized irrigation maintenance and repair • Litter control • Tree/shrub pruning and maintenance • Swale inspections The description above is not all inclusive but is representative of a comprehensive landscape service and maintenance contract. 888888 ƒ } \}\\\ } 7 a§! a; . . . . . . . . x . j ) \\\\\ 888888 O - \/\ \ � ` xx . . . . . xx • 88888 ) } § ! §}# gala! \ iP:14- - \\)\# ® °° °^ ° . . . . x . . xx . ]8 88888 .'; \ I!: k\/7k ; ! l ;m;; ; \t � -�- � \ ƒ \}\(\ \ \-\\\ \ 2 ! \ //\ § aw@@; @ k\77! % 7 _• , _ , _• j ■ { « § 3 # . tn O 4 _ $) ( 1.1 I o 28882 'Elei1 , } R \#7#[ _ E $ ) ! ) ! \�Z m - aa;m» - - _ tea § $ # = - - \ kaki ` o � § w ' e2..-0 , • e [noi . { e }} o / r«ƒd !/23 k 93 \_ ) \ 1B_2 14t.5 8 l2kk £ 2 ; ; - {§f; E [ a ƒ 2 ) / % = 1 ; f a \(/\\ E.27 2 / } 2 ::: - ; . � Y, B «@! F- /k ƒ{ . ) E % „ 41.o 2 ƒ k ■ ! . ! 4 a STA ILO!.WASHINGTON Department of Labor&Industries Certificate of Workers' Compensation Coverage February 9,2021 WA UBI No. 600 124 706 L&I Account ID 156,937-00 Legal Business Name SENSKE LAWN&TREE CARE INC Doing Business As SENSKE LAWN&TREE CARE INC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2020"Greater than 100 Workers" (See Description Below) Account Representative Employer Services Help Line,(360)902-4817 Licensed Contractor? Yes License No. SENSKLT117PT License Expiration 01/30/2023 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 16.1 90). Firefox about:blank ___....—,,N SENSLAW-01 .__ CMEYER ACORLY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 014.----- 2117/2021 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). PRODUCER CONTACT Richland Office `PHONE._..._..._..___....._....._._...__ FAX PayneWest Insurance,Inc. (A/C,No,Exil:(509)946-6161 I(AIC,No):(866)215-4862 — 390 Bradley Blvd. ._iss;. Richland,WA 99352 INSURERS)AFFORDING COVERAGE_._ „_. • NAIL INSURER A Western National Assurance Company_____24465 INSURED INSURER B:Homeland insurance Company of New York 34452 Senske Lawn&Tree Care,Inc INSURER Cy _ 400 North Quay Street INSURER D: Kennewick,WA 99336 — --'i—` INSURERE_ 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. IN$R ADOL'SUBR __.._....._ ..."POLICY EFF POLICY EXP�.. I TYPE OF INSURANCE I POLICY NUMBER ' LIMITS LTR 1NSD�WVD lMldinDIYYYYI IMMlf701YYYY1 A l _X., _COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE r DAMAGE TO RENTED X OCCUR X X CPP 1224746 01 1/28/2021 1/28/2022 PREMISES(Ea occurrence) $ 500,000 X I STOP GAP-SEE I BELOW ,MED EXP(Any one person) S PERSONAL 8.4DV INJURY $ 5,000 1,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X P' LOC .PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER- WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY SINGLE LIMIT 4,000,000 (Ea accident) 8 X ANYyy AUTO X X CPP 1229649 02 1/28/2021 1/28/2022 BODILY INJURY(Per person) $ AA�UpTEOS ONLY D A�UTOS�UryL�EDp ,BODILY INJURY(Per accident) $ AUTOS ONLY AOTOSS ONE? i(Per a cidt)AMAGE $ ( ) S A X UMBRELLA LIAB XJ OCCUR i EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE X X UMB 1038923 01 1/28/2021 1/28/2022 ,AGGREGATE S DED X RETENTIONS 10,000 ; ER W- AND STATUT E ERH $ 4,000,000 WORKERS COMPENSATION I AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFIC ER/M5Mg�q EXCLUDED? NIA -- - (Mendatory m NH) E.L.DISEASE-EA EMPLOYEE $ If es describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater CPP 1224746 01 1/28/2021 1/28/2022 POLICY LIMIT 110,000 B Commercial Pollution 7930017960002 1/28/2020 1/28/2022 POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule may be attached it more space Is required) Project 2021 Roadway Landscape Maintenance-City of Spokane Valley-Small Works Contract#21-012 The City of Spokane Valley is included as Additional Insureds,with Primary and Non-Contributory and Waiver of Subrogation per attached WNGL1390618& WNGL390818 and Additional insured on automobile liability and Waiver of Subrogation on Auto per attached WNCAB00619. Umbrella coverage follows CGL. STOP GAP-see attached form CG 0442 for limits:Additional Insured,Primary Non-Contributory,and Waiver of Subrogation do not apply to this form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Christine Bainbridge-City Clerk 10210 East Sprague Ave. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE lit Cl 412,6'641/14/14--- ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 of 23 2/18/2021, 11:19 AM Spokane Valley BOND NO: B2797015 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to SENSKE LAWN&TREE CARE,INC (Contractor),as Principal,a contract for the construction of the project designated as ROADWAY LANDSCAPE MAINTENANCE Contract No.21-012 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal,and The Cincinnati Insurance Company (Surety),a corporation organized under the laws Ohio and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$84.948.00 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. PR1N T s Ty The ati Insurance Company RO/ _ ./I_ ... I 02/17/2021 Principal Sign lure _ Date �� Date Bid Grt�.�� o Printed Name Printed Name CORPORATE G-i✓� Attorney-in-Fact g SEAS Title Title • owo Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance 390 BradleyBlvd Richland,WA 99352 Michael Button 509-946-6161 Spokane 40jValley. BOND NO: B2797015 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to SENSKE LAWN AND TREE CARE,INC. (Contractor),as Principal,a contract for the construction of the project designated as ROADWAY LANDSCAPE MAINTENACE Contract No 21-012 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal,and The Cincinnati Insurance Company (Surety),a corporation, organized under the laws of Ohio and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,arc jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of S. 84,948.00_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. PRINCIP S y The Ci ati Insurance Company ,5 /�f 02/17/2021 rincippal Signature Date Sur `ign Date LciQ5�CA'e G`;J E P1. ma Pe eZ ,sutnsuran Printed Name Printed Name ii` coaaor�nn 3 G-r d Attorney-in-Fact _ ~ SEAL t� Title Title Namc,address,and telephone of local office/agent of Surety Company is: oHIo Paynewest Insurance 390 Bradley Blvd Richland,WA 99352 Michael Button 509-946-6161 THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY COMPANY, corporations organized under the laws of the State of Ohio,and having their principal offices in the City of Fairfield, Ohio (herein collectively called the"Companies"), do hereby constitute and appoint Michael R. Button; Cheryl Moore;April Morgan and/or Yesica Perez of Richland, Washington their true and legal Attorney(s)-in-Fact,each in their separate capacity if more than one is named above, to sign,execute, seal and deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like instruments,as follows: Any such obligations in the United States, up to Twenty Five Million and No/100 Dollars($25,000,000.00). This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati Insurance Company and The Cincinnati Casualty Company,which resolutions are now in full force and effect, reading as follows: RESOLVED,that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, the Companies have caused these presents to be sealed with their corporate seals, duly attested by their President or a Senior Vice President this 19th day of December,2018. L alllblblJYY• ;p 1l C.tY!/f�4. ` CORPORATE E AAL ' CORPORATE e THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY OHIO OHIO C OF )SS: COUNTY OFF BUTLER ) On this 19th day of December,2018 before me came the above-named President or Vice President of The Cincinnati Insurance Com- pany and The Cincinnati Casualty Company,to me personally known to be the officer described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of sa' corporations. * ::�•' - * Keith Cft,Attorney at Law Air, Notary PuPublic—State of Ohio ogrE OF ��.•�` My commission has no expiration date. Section 147.03 O.R.C. I,the undersigned Secretary or Assistant Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above is the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Power of Attorney is still in full force and effect. 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