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22-111.00 Bartlett Tree Experts: Christmas Tree Monitoring fr Contract#22-111 BARTLETT BARTLETT ® TREE EXPERTS SCIWIRC TREE LAZE SINCE 1907 Client:0525642 Printed on:6/16/2022 Created on:6/8/2022 Bartlett Tree Experts City of Spokane Valley Levi Zeik-Representative Attn:John Bottelli 11120 East Empire Avenue 10210 E.Sprague Ave. Suite 3 Spokane Valley,WA 99206 Spokane Valley,WA 99206 Business:509.720.5001 Business:509-892-0110 E-Mail Address:dhorton@spokanevalley.org Mobile Phone:208-640-6343 E-Mail Address:jbottelli@spokanevalley.org E-Mail Address:Izeik@bartlett.com Fax Number:509-892-3818 Property Address:10210 E Sprague Ave,Spokane Valley,WA 99206 The following program is recommended for certain trees and shrubs on your property. In addition to a thorough plant health care program,Bartlett Tree Experts recommends having a qualified arborist inspect your property periodically to assist you in identifying potential risks or hazardous conditions relating to your trees or shrubs. THIS IS NOT AN INVOICE. Soil Care and Fertilization: Soil Treatment Apply Boost Liquid 20-0-6 and blended prescription fertilizer per accompanying soil analysis report to the following plant and location to help promote growth and vitality. • Dead Spruce located at the front left of building Provide 1 treatment at 125.00 per treatment. Estimated Treatment Date:6/24/2022. Amount:$125.00 Tax:$11.12 Consulting: Site Consultation SCOPE OF WORK Bartlett Tree Experts will provide arboricultural consulting services in the form of a Site Consultation for trees designated by the client located at 10210 E Sprague Ave,Spokane Valley,WA 99206. Bartlett Tree Expert's service will conclude upon delivery of the agreed upon final work product. Arborist Notes: The F.A.Bartlett Tree Expert Company Page 1 of 2 Client:0525642 Printed on:6/16/2022 Created on:6/8/2022 • Site Consultation of on site Certified Arborist.Bartlett arborist to be on site while planting is done by Gibson's. Work to be performed at$125.00 per man hour for on site consultation of planting new tree. Watering program can help be managed by Levi Zeik over course of next week. Amount:$250.00 Total Amount:$375.00 Total Tax:$11.12 Total:$386.12 CONDITION OF PROPOSAL The Client must inform Bartlett Tree Experts of any additional requirements,including all insurance requirements,such as requests for Certificates of Insurance,or specific terms and conditions,which may affect the pricing of this proposal and the work. In the event that additional requirements do affect the costs associated with performance,Bartlett Tree Experts reserves the right to reissue a new proposal with revised pricing for acceptance. This proposal shall remain in effect for a period of 45 days. Please review the terms and conditions attached, which become part of the agreement,and sign and return one copy authorizing the progr (74(177- (Custom r Signature) (Date) 6/16/2022 (Bartlett Representative-Levi Zeik) (Date) *Sales tax added where applicable.Prices are guaranteed if accepted within thirty days. Work is done in accordance with ANSI A300 Tree Care Standards. To access a certificate of liability insurance for Bartlett Tree Experts,please navigate to http://www.bartlett.com/BartlettC0i.pdf A Job Site Safety Analysis was completed for your property,please contact your arborist for further details. The F.A.Bartlett Tree Expert Company Page 2 of 2 tr BARTLETT NieBARTLETT TREE EXPERTS u.,V,,,,. General Terms Commercial The F.A.Bartlett Tree Expert Company("Bartlett Tree Experts")provides tree-care and related services to commercial and government clients.The agreed upon"Work"has been expressed in a separate Client Agreement between Bartlett Tree Experts and the Client,and is identified within the portion of the Client Agreement communicating the Scope of Work,the Goals,the Specifications,the Schedule for the Work,and the Payment Terms. These general terms combine with the approved Client Agreement and form the complete agreement between the parties. Article 1 begins and ending when the performance on the site TREE RISK concludes. 1.1 Tree Risk 2.3 Compliance (a) The Client acknowledges that having trees on one's (a) Bartlett Tree Experts shall perform the Work competently property involves risk,including the risk that a tree or tree and in compliance with the law and industry standards, limb might fall.As part of the Work,Bartlett Tree Experts including the American National Standards Institute's A- may recognize the risk posed by failure of trees within the 300 Standards for tree care. scope of the Work and recommend to the Client ways to reduce that risk,but the Client acknowledges that Bartlett (b) The Client is responsible for obtaining and paying for all Tree Experts cannot detect all defects and other conditions required local permits. that present the risk of tree failure and cannot predict how all trees will respond to future events and circumstances. 2.4 Access over Roads,Driveways,and Walkways Trees can fail unpredictably, even if no defects or other conditions are apparent. Bartlett Tree Experts will not be (a) The Client shall arrange for Bartlett Tree Experts' responsible for damages caused by subsequent failure of a representatives, vehicles, and equipment to have access tree,or tree part,within or around the scope of the Work during work hours to areas where the Work is to be due to defects or other preexisting structural or health performed. The Client shall keep roads, driveways, and conditions. walkways in those areas clear during work hours for the passage and parking of vehicles and equipment.Unless the (b) Unless the Work includes having Bartlett Tree Experts Client Agreement states otherwise,Bartlett Tree Experts is perform a tree risk assessment for designated trees, the not required to keep gates closed for animals or children. Client acknowledges that in performing the Work Bartlett Tree Experts is not required to inspect and report to the (b) The Client acknowledges that Bartlett Tree Experts is not Client on risks to,and risks posed by,trees on or near the responsible for damage to driveways, walkways, septic Client's property. tanks, wells, underground irrigation, and other human- made surface or subsurface features caused by Bartlett Tree (c) The Client also acknowledges that because trees are living Experts trucks and equipment accessing,and being present organisms that change over time,the best protection against in,areas where the Work is performed. the risk associated with having trees on the Client's property is for the Client to arrange to have them inspected 2.5 Access through a Dwelling or Building by a qualified arborist annually and after each major weather event to identify any defects or other conditions If the Work requires access through the interior of the that present the risk of tree failure. Then,once inspected, Client's dwelling or the common interior areas of a multi the Client should review any possible defects or conditions residence or commercial building,the Client states that they that present the risk of failure and request recommendations have the authority to allow this access, or the owner has for,and implement,remedial actions to mitigate the risks. authorized the Client to allow this access in order for the Work to be completed as stated on the Client Agreement. Article 2 THE WORK 2.6 Concealed Features 2.1 Ownership (a) The Client acknowledges that the Work could be delayed or made more expensive by the presence of features that are The Client states that all trees and other vegetation within not apparent to Bartlett representatives ("Concealed the scope of the Work are owned by the Client or that the Features").Concealed Features could be above ground or owner has authorized the Client to include them within the underground and could be human-made (including scope of the Work. irrigation systems, underground lighting, septic systems, pipes, oil tanks, utility lines, masonry, or concrete) or 2.2 Insurance natural(including rocks and insect nests).The Client states that it has notified Bartlett Tree Experts of all Concealed (a) Bartlett Tree Experts states that it is insured for liability Features that it is aware of in those areas where the Work is resulting from injury to persons or damage to property to be performed. while performing the Work and that its employees are covered under workers'compensation laws. (b) Bartlett Tree Experts will not be liable for damage to Concealed Features that the Client does not notify Bartlett (b) The scope of ongoing operations of the Work shall be of in writing. defined as beginning when the performance on the site Page 1 of 6 The F.A. Bartlett Tree Expert Company Sales.011.US.CA.10-19 o BARTLE TT "01 BARTLETT TREE EXPERTS General Terms Commercial (c) If Concealed Features prevent the Work from continuing, lightning strike, but that such systems cannot prevent the Client agrees to pay Bartlett Tree Experts for the all damage to structures,nor can such systems prevent damage portions of the Work completed up until the time the to trees caused by lightning entirely. concealed features became apparent and delayed or prevented the Work from continuing. The Client also (b) The Client acknowledges that for lightning protection agrees that in the event that the Concealed Features prevent systems to function optimally,the Client must arrange for any further Work from proceeding,or significantly alter the them to be inspected and maintained by a qualified arborist costs of the remainder of the Work within the Agreement, periodically and after each major weather event. then the remainder of the Agreement between the Client and Bartlett Tree Experts will be considered nullified, with 2.11 Recreational Features neither party having any further obligations to the other,and a new written agreement will be formed prior to any further (a) The Client acknowledges that Bartlett Tree Experts Work being performed. recommends stopping the use of, and removing, any tree house, ropes course, swing, or other recreational feature 2.7 Potential Harm to Animals attached to a tree.Regardless of the health or condition of the tree,such features might be unsuited for the intended The Client acknowledges that pets and other animals might use or might place unpredictable forces on the feature or the be harmed if they swallow tree debris, such as sawdust, tree,resulting in failure of the feature or the tree and injury leaves, or branches, created during performance of the to persons or damage to property. Bartlett Tree Experts is Work. Bartlett Tree Experts cleans up sawdust and other not responsible for the consequences of use of any such debris it creates in working on a tree,but it is unrealistic to feature. expect that it will dispose of every piece of sawdust or debris.The client is responsible for ensuring that pets and (b) The Client acknowledges that if a recommendation is made other animals are kept from any area where debris created to mitigate an observed and immediate safety issue on a tree during the Work is present until such time as exposure of with any such device or feature attached, such as the any remaining debris to the elements has sufficiently removal of a dead,dying,or broken limb that could fall and reduced the risk of harm to animals. injure a person or damage property,the Client should not infer that following the recommendation and mitigating the 2.8 Weather-Event Damage immediate safety issue makes the tree in question safe for the use of the attached device or feature. The Client acknowledges that because remediating weather-event damage might result in further damage to a 2.12 Tree Removal and Pruning structure,property,or landscaping feature already damaged in that weather event regardless of the care taken,Bartlett (a) The Client acknowledges that in removing or cutting down Tree Experts will not be responsible for any such further a tree as part of the Work,Bartlett Tree Experts will cut the damage to any structure, property or landscaping feature tree approximately 12 inches from the ground. The Client when remediating or removing trees or tree parts that have understands that any remaining stump may present a fallen on structures, patios, decks, fences, driveways, or tripping hazard, and the Client should mark the area if hardscapes are part of the Work. necessary. Removing or grinding stumps is not included as part of tree removal unless stated in the Client Agreement. 2.9 Cables,Braces and Tree-Support Systems (b) If pinning tree limbs or shrubs is part of the Work,Bartlett (a) The Client acknowledges that cables,braces or tree support Tree Experts will develop specifications to help meet the systems are intended to reduce the risk associated with tree present goals of the Client, in accordance with industry part breakage by providing supplemental support to certain standards. Trees and shrubs will typically require follow up areas within trees and in some cases by limiting the pruning at various intervals to maintain a Client's goals. movement of leaders, limbs, or entire trees, and are Based on those goals;and the species,size,location,health, intended to mitigate the potential damage associated with and growth pattern of the tree(s) or shrub(s) which are tree part breakage; but that such supplemental support pruned, the Client should conduct routine monitoring of systems cannot eliminate the risk of breakage or failure to each tree or shrub and communicate the need for future trees or tree parts entirely,and future breakage and damage pruning to a qualified arborist in order to maintain the is still possible. established or desired plant form or objectives. (b) The Client acknowledges that for cables, braces or tree- 2.13 Trees Infested with Emerald Ash Borer support systems to function optimally, the Client must arrange for them to be inspected and maintained by a (a) The Client acknowledges that Ash trees or other trees qualified arborist periodically and after each major weather infested with emerald ash borer can become extremely event. brittle and dangerous within a short period of the infestation,and the conditions of such trees could adversely 2.10 Lightning Protection Systems change between the time a proposal to work on such a tree was written, and the time that the work is scheduled for (a) The Client acknowledges that lightning protection systems completion. are intended to direct a portion of the electricity from a lightning strike down through the system into the ground, (b) The Client understands that if any tree or trees infested with and mitigate the potential damage to the tree from a emerald ash borer have become too dangerous to access, Page 2 of 6 The F.A. Bartlett Tree Expert Company Sales.011.US.CA.10-19 V 1 BARTLETT BARTLETT TREE EXPERTS ,. ,, General Terms Commercial climb,prune,or rig from without risking injury or damage understanding the risks involved before opting for root to the Client's property,then that portion of the proposal pruning,but the Client will be responsible for deciding to will be considered nullified, with neither Bartlett Tree proceed with root pruning. Experts nor the Client owing anything to the other for that portion of the Work,and a new proposal will need to be 2.17 Tree Risk Assessments and Inventories written and agreed upon before any work can proceed on any such infested tree. (a) If the Client Agreement is specifically for Bartlett Tree Experts to provide a level I,II,or III Tree Risk Assessment 2.14 Tree Care Maintenance or Recurring Programs for any tree or group of trees to the Client in accordance with industry standards,the Client understands that any risk (a) If the Client Agreement is for ongoing tree care or ratings and recommendations for mitigating such risks will landscape maintenance or for a recurring maintenance or be based on the observed defects,conditions,and factors at plant health care program for trees,plants or turf areas,the the time of the tree risk assessment or inventory, Client acknowledges that the purpose of this type of agreement is to maintain tree, shrub, or turf health and (b) The Client acknowledges that any recommendations made beauty. to mitigate risk factors or manage tree populations will be made in accordance with industry best practices and (b) The Client understands that any inspections that may be standards, but that the decision to implement the conducted during any such ongoing tree care, landscape recommended mitigation practices,remove the risk factors, maintenance,or recurring maintenance or plant health care or manage the trees rests solely with the client. type contracts are for the purpose of evaluating plant health, and determining any appropriate treatment (c) The Client understands that all risk ratings used are recommendations according to the client's tree, shrub or intended to assist the Client with understanding the turf health needs, and are not meant to be a safety potential for tree or tree part failure,and are not meant to be inspections,or tree risk assessments. used to declare any tree or tree part to be safe or free from any defect. As such,the Client should not infer that any (c) The Client also understands that in no way does Bartlett tree or trees not having a condition class of poor or dead,or Tree Experts imply nor should the Client infer that Bartlett not showing a potential failure to be likely or imminent,are Tree Experts assumes the responsibility for inspecting, "safe"or will not fail in any manner. identifying,or correcting hazards or safety issues on or near the Client's property,or conducting tree risk assessments (d) The Client understands that it is the Client's responsibility during the course of any of its ongoing tree care,landscape to ensure that the assessed tree or trees are continually maintenance,or reoccurring maintenance contracts. inspected and reassessed periodically, or after any major weather event,in order to ensure that risk rating information 2.15 Stump Grinding or any other information is kept current,and to enter any changes to risk ratings or mitigation measures to the (a) If the Work includes stump-grinding services, the Client inventory or tracking system used by the Client acknowledges that grinding will take place well below ground level, and the Client understands that the stump 2.18 Client Trees in Hazardous Condition grinding area might present a tripping hazard,and the Client should mark the area if necessary until the Client removes If the Client Agreement specifies that one or more trees the stump grinding debris and fills the stump grinding holes within the scope of the Work are in hazardous condition, with soil to grade. are high or moderate risk,or should be removed for safety reasons,the Client acknowledges that removing those trees (b) Unless the Client Agreement states otherwise,Bartlett Tree would prevent future damage from trees or tree limbs Experts is not required to remove stump-grinding debris falling.If the Client requests that one or more of those trees filling stump-grinding holes,or fill stump grinding holes to be pruned instead of removed,the Client acknowledges that grade with soil. although pruning might reduce the immediate risk of limbs falling, it does not preclude the possibility of future limb, (c) If tree grates or metal grates or other man made protective stem,or root failure.Bartlett Tree Experts is not responsible features existed prior to the stump removal,it is the Client's for any such future failure. responsibility to ensure that the grates or manmade features are re-installed correctly after the stump removal and do not 2.19 Plant Health Care or Soil Care and Fertilization pose a tripping hazard. Treatments 2.16 Root Pruning (a) Bartlett Tree Experts states that plant health care and/or soil care and fertilization treatments will be conducted in In the right circumstances,root pruning is a valuable and accordance with industry standards for such services. necessary service,but it might pose a risk to the health and structural integrity of trees.To limit that risk,Bartlett Tree (b) The Client acknowledges that if the Client Agreement Experts performs root pruning to industry standards,but the requires markers or notification signs to be left on the Client acknowledges that the health and structural integrity property,then the signs must be left in place for twenty-four of trees within the scope of the Work might nevertheless be hours or however long is stated on the Client Agreement, adversely affected by any root pruning performed as part of whichever is longer. At the end of the prescribed period,it the Work. Bartlett Tree Experts shall assist the Client in Page 3 of 6 The F.A. Bartlett Tree Expert Company Sales.011.US.CA.10-19 BARTLETT BARTLETT TREE EXPERTS M.AVVINII. affamimr. General Terms Commercial VIM Will OW will be the Client's responsibility to remove and dispose of disease damages to the specific trees,shrubs,turf areas or the signs. plants as designated by the Client to meet the Client's goals. (c) Bartlett Tree Experts will provide the Client with copies of (c) The Client also understands and acknowledges that during all pertinent product label or safety data sheet information the course of an integrated pest management program,as upon request. inspections are taking place, and treatments or other services are being performed to certain trees or shrubs,not (d) The Client acknowledges that plant health care treatments every tree or shrub inspected will require a specific are intended to mitigate pest levels to an acceptable degree, treatment or other service,and in fact,some trees or shrubs and are not intended to eradicate or eliminate any insect, may not require any specific treatment or other service disease,or other pest entirely. throughout the course of a season to maintain health and vigor if the inspections show insignificant pest thresholds, (e) The Client acknowledges that soil care and fertilization and sound environmental and cultural conditions. treatments may not have the intended effect if drought conditions or lack of irrigation prevent the tree,shrub,or (d) The Client also understands that tree,shrub,plant and turf turf area from receiving adequate water throughout the inspections conducted during the integrated pest growing season. management program are for the purpose of determining plant health issues and,insect and disease thresholds;and 2.20 Schedule of Plant Health Care or Soil Care and are not conducted for the purposes of determining tree, Fertilization Treatments shrub,plant,or turf safety. (a) Bartlett Tree Experts will schedule all treatments for the 2.22 Trees in Poor Health or a Severe State of Decline appropriate period,given the type of plant,pest,infestation levels, weather patterns, the objectives, and other The Client acknowledges that if a tree is in poor health or environmental considerations. in a severe state of decline,Bartlett Tree Experts cannot predict how that tree will respond to any recommended (b) If the Client has requested a specific date within that period plant health care or soil care and fertilization treatment and for the Client's plant health care treatment,the date will be might not be able to prevent that tree from getting worse or placed on the agreement. If Bartlett Tree Experts is unable dying. to perform the services on the agreed upon date, due to weather conditions,or other unforeseeable delays,Bartlett 2.23 Fruit-Reduction Treatment Tree Experts will reschedule the treatment for a date agreeable to the Client. If fruit-reduction (including olive-reduction) treatment forms part of the Work, the Client acknowledges that (c) If weather conditions or other unforeseen conditions although Bartlett Tree Experts will take steps to minimize prevent or delay treatment during periods specified in the the extent to which the pesticide used in in this treatment Client Agreement, and the Client has not requested a comes into contact with plants under or near the treated specific date,then Bartlett Tree Experts will automatically trees or shrubs,it is likely that some contact will occur and reschedule the treatments for the next most appropriate might damage or kill understory plants. Bartlett Tree period and notify the Client. Experts will not be liable for any such damage. 2.21 Integrated Pest Management 2.24 Fruit Tree or Crop Treatment (a) If the Work includes integrated pest management services, If the Work includes plant health care treatments to mitigate the Client understands that this service will involve plant pest damage to fruit trees or other crops,the Client will be health care treatments which will be tailored to meet the responsible for instructing Bartlett Tree Experts which fruit Client's needs for specific trees,shrubs,turf areas,or plants. trees or other crops to treat.The Client acknowledges that In delivering this service, Bartlett Tree Experts will no such treatments can eliminate pests entirely and such consider the Client's objectives, priorities, budgetary treatments might not increase crop yield or value and might concerns,plant materials,site conditions,pest and disease not prevent the plants in question from dying. infestation levels and the expectations of those levels,and timing issues. 2.25 Tick,Mosquito,or Biting Fly Treatment (b) The Client acknowledges that this service may involve one The Client acknowledges that if the Client Agreement or more inspections of specific plants to help determine specifies a treatment program to mitigate the presence of insect and disease concerns,the sampling of specific plant ticks, mosquitos, or biting flies, such treatment can only materials or soil areas, an understanding of the cultural lower pest thresholds, and cannot eliminate the pests or needs of certain plants,consideration of biological control prevent such pests from biting, stinging, or entering the concepts and limitations (natural and/or introduced treated area. predators), recommended improvements to physical site conditions, or the use of pesticide treatments. The 2.26 Termite or Wood Destroying Organism Treatment integrated pest management service does not combine all possible controls and concepts for every tree, shrub, turf (a) The Client acknowledges that if the Client Agreement area,or plant,but rather it considers the most reasonable specifies a treatment program to mitigate Formosan option or options for control of and mitigation of insect and termites or any other wood destroying organism from any Page 4 of 6 The F.A. Bartlett Tree Expert Company Sales.011.US.CA.10-19 o BARTLETT BARTLETT , TREE EXPERTS - -- General Terms Commercial nw.v Mw��■ + v MP' tree or trees,that the treatment cannot provide protection (b) Bartlett Tree Experts will not be responsible for damage against any present or future damage to any structure or done during snow removal as a result of Concealed Features structures on the property,nor can it reverse any damage that the Client does not notify Bartlett of. already caused to any such structure or structures on the property. (c) The Client acknowledges that because removing snow from a structure or landscaping feature that has already been (b) If Formosan termites or other wood destroying organisms damaged might result in further damage regardless of the are present on the property, Bartlett Tree Experts care taken by Bartlett Tree Experts, Bartlett will not be recommends that the Client has a qualified structural home responsible for any further damage to a previously- inspector inspect the structure or structures for the presence damaged structure or landscaping feature from which of any termites or wood decaying organisms,as well as any Bartlett Tree Experts removes snow as part of the Work. damage, and provide the Client with an appropriate recommendation and report to treat,mitigate or repair the 2.31 Installing Lights damage. If installing lights and other lighting equipment forms part 2.27 Plant Nursery Services of the Work, the Client is responsible for providing the lighting equipment and instructing Bartlett Tree Experts If the Work includes treatment to mitigate pest damage to where to install it.Bartlett Tree Experts is not responsible nursery trees or plants,the Client will be responsible for for performance and safety of the lighting equipment.The instructing Bartlett Tree Experts which trees or plants to Client is responsible for retaining a licensed electrician to treat. The Client acknowledges that no such treatments can inspect the lighting equipment to check that it is in working eliminate pests entirely and such treatments might not order,is safe,and complies with the relevant codes.Bartlett increase the value of nursery plants and might not prevent Tree Experts is not responsible for damage done during the trees or plants in question from dying. installation and removal of lighting equipment to any structures (including gutters, decking, and patios), 2.28 Trees Planted and Maintained by Other Contractors landscaping features(including trees and plants). The Client acknowledges that if trees within the scope of 2.32 Tarpaulins the Work were recently planted or are being maintained by one or more other contractors or if one or more other The Client acknowledges that if as part of the Work Bartlett contractors will be watering and providing services with Tree Experts places a tarpaulin,or touches a tarpaulin,over respect to trees within the scope of the Work, how those a damaged structure,that might not prevent further damage trees respond to treatment in the course of the Work might to the structure and its contents,and the tarpaulin might not be unpredictable, and Bartlett Tree Experts cannot be stay secure during subsequent weather events,even if it is responsible for the health of such trees or plants. competently secured. Bartlett Tree Experts is not responsible for damage to a structure and its contents that 2.29 Trees with Cones and Large Seed Pods occurs after Bartlett Tree Experts places or adjusts a tarpaulin over the structure.The Client acknowledges that The Client acknowledges that large tree cones or seedpods if a structure experiences damage that requires placement on some trees can become dislodged and fall without notice, of a tarpaulin, the Client should promptly contact an creating a hazard to persons or property. If the Client has appropriate roofing or water-restoration contractor to assess the type of tree on their property that produces large,heavy any damage and conduct any needed repairs. cones or seedpods,and the Client does not wish to remove the tree,Bartlett Tree Experts recommends that the Client 2.33 Fire Damage marks off and restricts the area under and near the tree from pedestrian and vehicle traffic whenever possible,places a (a) Regardless of the species,trees exposed to fire can suffer warning sign near the tree,remains aware of the hazardous structural damage that goes beyond whatever external conditions the falling cones can create,and inspects the tree damage might be visible. Fire can cause cracking and annually and removes any observable cones if possible in brittleness in tree structure and integrity; it can make order to mitigate the potential for damage from falling preexisting defects worse;it can make roots less stable;and cones. it can weaken the overall health of the tree, making it susceptible to disease and pest infestations.The effects of 2.30 Snow Removal fire damage are unpredictable and difficult to determine. Bartlett Tree Experts is not responsible for any injury to (a) If snow removal forms part of the Work, the Client persons or damage to property resulting from services acknowledges that the condition of snow and ice on a roof performed on fire-damaged trees as part of the Work. or other structure will vary based on the rate at which snow accumulates,how it is distributed, and the weather it has (b) The Client acknowledges that if trees and shrubs on the been exposed to. In removing snow,Bartlett Tree Experts Client's property have been exposed to fire, the Client aims to reduce the weight of snow and ice,not remove it should have qualified arborist periodically inspect trees and entirely. The Client acknowledges that in most cases, shrubs on the property for fire damage. existing snow will only be removed down to within a few inches of the roof surface or the ice covering the roof surface,as the case may be,and that any remaining snow and ice might still cause damage. Page 5 of 6 The F.A. Bartlett Tree Expert Company Sales.011.US.CA.10-19 r BARTLETT 't fA BARTLETT TREE EXPERTS rR„MM,111,„111,1., ,,, General Terms Commercial 2.34 Cancellation decisions related to the safety of each respective tree,shrub, and turf area. If the Client cancels or reduces the Work after the Work has started,the Client shall pay Bartlett for all the items of the (b) Nothing in this Agreement creates an ongoing duty of care Work that have been completed and all reasonable costs for Bartlett Tree Experts to provide safety maintenance or Bartlett has incurred in preparing to perform the remainder safety inspections in and around the client's property. It is of the Work. the responsibility of the client to ensure the safety of its trees and landscape, and to take appropriate actions to 2.35 Payment prevent any future tree or tree part breakage or failures,or otherwise remove any hazardous conditions which may be The Client shall pay for the Work when the Client receives present or may develop in the future. Bartlett Tree Experts'invoice for the Work.If any amount remains unpaid 30 days after the date of the invoice or any 4.2 Unrelated Court Proceedings period stated in the Client Agreement,whichever is longer, as a service charge the unpaid amount will accrue interest The Client acknowledges that Bartlett Tree Experts has at the rate of 1.0% per month (or 12% per year) prepared the Client Agreement solely to help the Client or the maximum rate permitted by law, whichever is understand the scope of the Work and the related costs.If a lower. The Client shall reimburse Bartlett for any court subpoenas Bartlett Tree Experts' records regarding, expenses(including attorneys' fees and court costs) it or requires that a Bartlett representative testify about,the incurs in collecting amounts that the Client owes under Client Agreement or the Work in connection with any the Client Agreement. Proceeding to which Bartlett Tree Experts is not a party or in connection with which Bartlett Tree Experts has not Article 3 agreed to provide expert testimony, the Client shall pay DISPUTE RESOLUTION Bartlett Tree Experts Two Hundred dollars($200.00)per hour for time spent by Bartlett representatives in collecting 3.1 Arbitration and submitting documents for those Proceedings and attending depositions or testifying as part of those (a) As the exclusive means of initiating adversarial Proceedings. proceedings to resolve any dispute arising out of or related to the Client Agreement or Bartlett Tree Experts' 4.3 Notices performance of the Work, a party may demand that the dispute be resolved by arbitration administered by the For a notice or other communication under the Client American Arbitration Association in accordance with its Agreement to be valid,it must be in writing and delivered commercial arbitration rules, and each party hereby (1)by hand,(2)by a national transportation company(with consents to any such dispute being so resolved. Any all fees prepaid), or (3)by email. If a notice or other arbitration commenced in accordance with this section must communication addressed to a party is received after be conducted by one arbitrator. Judgment on any award 5:00 p.m.on a business day at the location specified for that rendered in any such arbitration may be entered in any court party,or on a day that is not a business day,then the notice having jurisdiction. The parties also agree that the issue of will be deemed received at 9:00 a.m.on the next business whether any such dispute is arbitrable will be decided by an day. arbitrator,not a court. 4.4 Amendment;Waiver (b) The arbitrator must not award punitive damages in excess of compensatory damages. Each party hereby waives any No amendment of the Client Agreement will be effective right to recover any such damages in any arbitration. unless it is in writing and signed by the parties.No waiver under the Client Agreement will be effective unless it is in 3.2 Limitation of Liability writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver The maximum liability of Bartlett for any losses incurred on other occasions. by the Client arising out of the Client Agreement or Bartlett's performance of the Work will be the amount paid 4.5 Conflicting Terms by the Client for the Work,except in the case of negligence or intentional misconduct by Bartlett. If these terms conflict with the rest of the Client Agreement, the rest of the Client Agreement will prevail. If these terms conflict with any other client documentation, terms, or Article 4 purchase order agreement,then the Client Agreement and MISCELLANEOUS these terms will prevail. 4.1 Client Responsibilities 4.6 Entire Agreement (a) The Client is responsible for the maintenance of the client's The Client Agreement with these terms constitutes the trees,shrubs,and turf and for all decisions as to whether or entire understanding between the parties regarding Bartlett not to prune,remove,or conduct other types of tree work Tree Experts'performance of the Work and on each respective tree, or when to prune, remove, or supersedes all other agreements, whether conduct other tree work on any respective tree, and all written or oral,between the parties. Page 6 of 6 The F.A. Bartlett Tree Expert Company Sales.011.US.CA.10-19 ACORICI® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/13/2021 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: York International Agency, LLC PHONE FAX Attn. bartlettcert@yorkintl.com (A/C.No,Ext); 914-376-2200 (A/c,No):914-376-2891 500 Mamaroneck Avenue ADDRESS: Harrison NY 10528 INSURER(S)AFFORDING COVERAGE NAIC X INSURER A:Travelers Property&Casualty Co of America 25674 INSURED INSURER B: The F.A. Bartlett Tree Expert Company 1290 East Main Street INSURERC: Stamford CT 06902 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:673769850 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBERPOLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY TC2J-GLSA-1005A129-TIL-21 12/1/2021 12/1/2022 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $2,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 CX POLICY JET LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ' $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N f A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under - - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is included as additional insured as required by a written, signed contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 E Sprague Ave AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD