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23-183.00 The FA Bartlett Tree Expert Co City HallContract No. 23-183 CONSTRUCTION AGREEMENT The F.A. Bartlett Tree Expert Company 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 The F.A. Bartlett Tree Expert Company, ("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 completion of the City Hall tree removal program (the "Work") in accordance with documents described in Exhibit A and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4, below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in 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 execution of this Agreement and shall complete the Work within the times specified in the Contract Documents, as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion (as defined in the Contract Documents) which shall be in the amount of $0 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of $8,750.00, plus Washington State Sales Tax of $778.75 (if applicable), for a total of 9 528.75, based on the bid submitted by Contractor (Exhibit A), and as may be adjusted in accordance with the Contract Documents. 0322 City Hall — Bartlett Tree Experts Agrmt. Page 1 of 9 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 Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards, City Code, state standards, or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Levi Zeik Phone: (509) 891-0110 Address: 11120 E. Empire Ave., Suite 3 Spokane Valley, WA 99206 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 Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental 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, 0322 City Hall — Bartlett Tree Experts Agrmt. Page 2 of 9 Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: 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:Hlni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ 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. 0322 City Hall — Bartlett Tree Experts Agrmt. Page 3 of 9 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, 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 insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. 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 at least as broad as Insurance Services Office (ISO) form CA 0001. 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 liability, independent contractors, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a por. ee general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the 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 at least as broad coverage. *Bartlett will provide 'per policy' insurance 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. 0322 City Hall — Bartlett Tree Experts Agrmt. Page 4 of 9 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of 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 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. No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. Evidence of Coveralze. 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 B. 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. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving as least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor -provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 0322 City Hall — Bartlett Tree Experts Agrmt. Page 5 of 9 However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. Bartlett's General Terms Commercial are also included as part of this Agreement. In instances where Bartlett's General Terms Commercial terms conflict with the rest of this Construction Agreement, the Construction Agreement will prevail. 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 gift, favor, service, or other thing of value from any person with an interest in this Agreement. 0322 City Hall — Bartlett Tree Experts Agrmt. Page 6 of 9 26. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 27. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. 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. 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. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by 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 Contractor of 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. D. Information and Reports. 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, 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. E. 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: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter 0322 City Hall — Bartlett Tree Experts Agrmt. Page 7 of 9 into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. 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; and 49 Part 26; 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 U.S.C. §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; 0322 City Hall — Bartlett Tree Experts Agrmt. Page 8 of 9 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.). 28. SeverabilitY. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 29. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work and Cost Statement B. Insurance Endorsements C. Performance and Payment Bond The Parties have executed this Agreement this 3 " day of —O�, 2023. CITY OF SPOKANE VALLEY: ohn Hohman, City Manager APPROVED AS TO FORM: Contractor: The F.A. Bartlett Tree Expert Co. By: Matthew Farin, Executive Vice President Its: Authorized Representative 0322 City Hall — Bartlett Tree Experts Agrmt. Page 9 of 9 Exhibit A SCOMW ME CAWSINU Mr, Client: 0525642 City of Spokane Valley Attn: Glenn Ritter 10210 E. Sprague Ave. Spokane Valley, WA 99206 Mobile Phone: (509) 720-5018 E-Mail Address: gritter@spokanevalley.org Business: (509) 720-5001 Proposal For Tree Care Services 10210 E Sprague Ave, Spokane Valley, WA 99206 NOTICE TO CLIENT: Printed on:9/13/2023 Created on:9/13/2023 Bartlett Tree Experts Levi Zeik - Representative 11120 East Empire Avenue Suite 3 Spokane Valley, WA 99206 Business: 509-892-0110 Mobile Phone: 208-640-6343 E-Mail Address: Izeik@bartlett.com Fax Number: 509-892-3818 Bartlett Tree Experts has entered this property for the specific purpose of writing this proposal, pursuant to the owner's request. THIS IS NOT AN INVOICE. EXECUTIVE SUMMARY: GroupWork •. Tree and Shrub Work Removal 1 $500.00 Stump Grinding 1 $200.00 Removal 14 $5,950.00 Stump Grinding 14 $2,100.00 TOTAL FOR'Tree and Shrub Work' 30 $8,750.00 TOTAL AMOUNT: 30 $8,750.00 TOTAL TAX: $778.75 TOTAL: 30 $9,528.75 Tree and Shrub Work: Phase 1 Removal Remove the tagged London Plane located at the F4. Leave stump as close to grade as possible. Remove resulting debris. Arborist Notes: The F.A. Bartlett Tree Expert Company Page 1 of 6 Client: 0525642 • Temporary sidewalk closure permit needed Printed on:9/13/2023 Created on:9/13/2023 Amount: $500.00 Tax: $44.50 -- —-------------------------------------------------- — ---------------------------------------------------------------- Stump Grinding Grind the London Plane stump located at the F4 to approximately 10 to 12 inches below existing grade. Remove grindings. Arborist Notes: • Line locate to be done prior to work being done. Damaged irrigation to be left exposed for irrigation repair. Grinding to be done with no damage to any concrete surfaces. In order to access this work, safely, and grind the stump to the specified level with the appropriate equipment, it will be necessary to grind debris to a depth well below ground level. Bartlett Tree Experts assumes no liabilities or responsibilities, whatsoever, for any cracking, breaking off, puncturing, depressing, or any other damage to any lawn areas, flower beds, or underground irrigation systems, or underground wiring for lights or other electrical components which may result from any such stump grinding activities. Upon signing this proposal, the client understands that any damage done to any lawn areas, landscape or flower beds, or underground irrigation systems, or underground wiring for lights or other electrical components by any stump grinding equipment or activities used or employed by Bartlett Tree Experts will be the sole responsibility of the homeowner to replace or repair. Amount: $200.00 Tax: $17.80 Tree and Shrub Work: Phase 2 Removal Remove the following tagged property items: • London Plane located at the F1 • London Plane located at the R5 • London Plane located at the R6 • London Plane located at the F2 • London Plane located at the F3 The F.A. Bartlett Tree Expert Company Page 2 of 6 Client: 0525642 • London Plane located at the F5 • London Plane located at the FBI • London Plane located at the FB2 • London Plane located at the FB3 • London Plane located at the F6 • London Plane located at the RI • London Plane located at the R2 • London Plane located at the R3 • London Plane located at the R4 Leave stumps as close to grade as possible. Remove resulting debris. Arborist Notes: • Temporary sidewalk closure permit needed Road closure needed for (R) trees on S. Dartmouth Rd. between Sprague and end of City Hall Property Cost per tree as a group $425.00 individual cost of $500.00 Printed on: 9/13/2023 Created on:9/13/2023 Amount: $5,950.00 Tax: $529.55 ------------------------------------------------------------------------------------------------------------------------- Stump Grinding Grind the following property items: • London Plane stump located at the F1 • London Plane stump located at the FBI • London Plane stump located at the FB2 • London Plane stump located at the FB3 • London Plane stump located at the F6 • London Plane stump located at the R1 • London Plane stump located at the R2 • London Plane stump located at the R3 • London Plane stump located at the R4 • London Plane stump located at the R5 • London Plane stump located at the R6 • London Plane stump located at the F2 • London Plane stump located at the F3 • London Plane stump located at the F5 to approximately 10 to 12 inches below existing grade. Remove grindings. The F.A. Bartlett Tree Expert Company Page 3 of 6 Client: 0525642 Printed on: 9/13/2023 Created on:9/13/2023 Arborist Notes: • Line locate to be done prior to work being done. Damaged irrigation to be left exposed for irrigation repair. Grinding to be done with no damage to any concrete surfaces. Cost $150.00 as group & $200.00 for individual tree. In order to access this work, safely, and grind the stump to the specified level with the appropriate equipment, it will be necessary to grind debris to a depth well below ground level. Bartlett Tree Experts assumes no liabilities or responsibilities, whatsoever, for any cracking, breaking off, puncturing, depressing, or any other damage to any lawn areas, flower beds, or underground irrigation systems, or underground wiring for lights or other electrical components which may result from any such stump grinding activities. Upon signing this proposal, the client understands that any damage done to any lawn areas, landscape or flower beds, or underground irrigation systems, or underground wiring for lights or other electrical components by any stump grinding equipment or activities used or employed by Bartlett Tree Experts will be the sole responsibility of the homeowner to replace or repair. Amount: $2,100.00 Tax: $186.90 Total Amount: $8,750.00 Total Tax: $778.75 Total: $9,528.75 --------------------------------------------------------------------------------------------------------------- SCHEDULE OF WORK PROPOSED: Once accepted and scheduled, Bartlett Tree Experts will coordinate all job planning and scheduling; equipment requirements, and work crew staffing and direction pertaining to safe, professional execution of the service or services offered. Upon acceptance of this proposal, this work can be scheduled to take place during the week/weeks of 9/25/2023 and should be completed by 10/27/2023. SCHEDULE OF PAYMENT: Bartlett Tree Experts offers to perform the work specifications at the work location listed above at the following rates: The F.A. Bartlett Tree Expert Company Page 4 of 6 Client: 0525642 NOTICE OF RIGHT TO CANCEL: Printed on:9/13/2023 Created on:9/13/2023 Owner agrees to pay a total price of: $9,528.75 You, the client, may cancel this transaction, without penalty or obligation, at any time prior to midnight of the third business day after the date of the acceptance of this proposal. To cancel your acceptance of this proposal within this time, you may notify Bartlett Tree Experts, in writing of your intent to do so, referencing the work location and project. OFFER: Bartlett Tree Experts will perform the above referenced service in a safe, professional manner, in accordance with all laws, rules, regulations, and industry standards governing tree care. Bartlett Representative Signature: Date: Printed Name: 9/13/2023 Levi Zeik The F.A. Bartlett Tree Expert Company Page 5 of 6 Client: 0525642 Printed on:9/13/2023 Created on:9/13/2023 The F.A. Bartlett Tree Expert Company Page 6 of 6 BARTLETT , TREE EXPERTS MHhl„$INI"Vi ll,(r. General Terms Commercial Construction Agreement UU[1bnut uull r�yleGnienr The F.A. Bartlett ree Expert Company ("Bartlett Tree Experts") ides tree -care and related services to commercial and government clients. The agreed upon "W has been expressed in a separate between Bartlett Tree Experts and the Client, and is identified within the portion of the Client Agwamen 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 emoni and form the complete agreement between the parties. Construction Agreement —� Article 1 begins ,..d ending ..Then the Herr .,,,an,.e ,... the site TREE RISK cenclades 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. Construction Agreement walkways in those areas clear during work hours for the p e and parking of vehicles and equipment. Unless the (b) Unless the Work includes having Bartlett Tree Experts �i eme+�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 (194 The Client arknwvledges that Ba#le# Tree Eypei# is no Client on risks to, and risks posed by, trees on or near the responsible for dan;iage to walkways, septi4g Client's property. ranks ens underground iFFiga4iep, and other human (4G) The Client algo acknoWedges that WGausetr4cog are liv organisms that change over time, the best pretwtion ag in, areas where tho Woc-k is performed the riskagg@Giawd ,,:th having troveoA the Client's by a qualified arhorist annually and after each 2.5 Access through a Dwelling or Building If the Work requires access through the interior of the tha4 presont the risk of tree �ilure. Then, 9RG@ inspect Client's dwelling or the common interior areas of a multi residence or commercial building, the Client states that they have the authority to allow this access, or the owner has authorized the Client to allow this access in order for the Work to be completed as stated on the l licAt A ameut Article 2 Construction Agreement 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� Insurance natural (including rocks and insect nests). The Client states that it has notified Bartlett Tree Experts of all Concealed (a) BanIG4 Tree Expe,tg states that it is ins,.red for babili'., Features that it is aware of in those areas where the Work is „ hin finit�JuFy to damage topropeFty pert rming the Work and that its emnloycas to be performed. while am Bartlett Tree Experts .,rill not be liable F r damage to Concealed F@24upos th2t the C-1 Mont does not notify Bagleu (b) The s of ongoing rations of the Work shall be defined as beginning .,Then the nerfounance on the site of in Page 1 of 6 The F.A. Bartlett Tree Expert Company Sales.011. US.CA.10-19 BARTLETT TREE EXPERTS R 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 3 d i neither party having any further obligations to the other, and a new written agreement will be formed prior to any further (a) The Own aaknwAiodgos that 132alett Tme Expeas Work being performed recommends stopping rho use of, and r y tree 2.7 Potential Harm to Animals house, ropes course, SvAng, 0; other wGreatioRal faguu:e guagh4d, to a tree. Regardless of the Walth or Gondi6on of ;ntended The Client acknowledges that pets and other animals might the tree, suGh feawres might be unsuked for the use or might plaGe uRp;edigtable fow@si on the feature or the be harmed if they swallow tree debris, such as sawdust, uve resulting in fail -re of the foe+ ro or the rroo and injiuy leaves, or branches, created during performance of the to persons or damage to p;opw:�,. Baglett U@o Experts 49 Work. Bartlett Tree Experts cleans up sawdust and other not responsible for tw GonsequenGes of use of &%' SUG 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 (g) Ue Client Ryknovdedgos that if a r4ocom mend ation ig made other animals are kept from any area where debris created to mitigate an obsep,ed and immediate safe�, issue on atree during the Work is present until such time as exposure of any remaining debris to the elements has sufficiently ;emoval gf a dead, dying, oF b;oken limb that Gould fall 2 reduced the risk of harm to animals. 2.8 Weather -Event Damage infe; that follovAng the r4ocommandation and mitigating the immediate safety isgue makeg the tree in gucstion safe for theuge the deviGe f�gur The Client acknowledges that because remediating of attached or. 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 C4ion 2.9 Cables, Braces and Tree -Support Systems Construction Agreement (b) If pruning 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) to function the Client 2.13 Trees Infested with Emerald Ash Borer SUPPOA systoms optimal!),, must a;Tange f r them to be inspected and maintained by -a (a) The Client acknowledges that Ash trees or other trees 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 S a I es.011. U S. CA.10-19 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 written and agreed upon before any work can proceed on any such infested tree. (a) if the Cl:opt A.,.eep,ent is spoGifiGally for BaFtlett Tree Experts to provide level T 17 N! Tree R:ok A ,,ept 2.14 Tree Care Maintenance or Recurring Programs a or sgogr Construction Agreement mrith indus#y standa;:d the Cl:ept „^aomtands tha4 any;:isk (a) If the Client Ag e >i is for ongoing tree care or landscape maintenance or for a recurring maintenance or plant health care program for trees, plants or turf areas, the , Client acknowledges that the purpose of this type of agreement is to maintain tree, shrub, or turf health and (b) The Client QGkRQ*4@dge8 that any rOGOM Mond ations ma beauty. to raft:^ate risk f .apro or manage #cc populations Ail! he ,,:th indus" hoot (b) The Client understands that any inspections that may be made oFdaA..e aGtiG@s and standaWs but that the desisiop to implement the conducted during any such ongoing tree care, landscape rGQQMM@Aded miti wva the ripk factorg, maintenance, or recurring maintenance or plant health care of managr the UGG type contracts are for the purpose of evaluating plant health, and determining any appropriate treatment (4o) The Client und@rPtandr, that all risk ratings used recommendations according to the client's tree, shrub or intended to assist thg Client auith understandu; the turf health needs, and are not meant to be a safety inspections, or tree risk assessments. usod to d@Qlare an), tree or tFee part to he Rafe or fme (c) The Client also understands that in no way does Bartlett 4w 91: "@s not having a Gondition Glass of poor or dead, or Tree Experts imply nor should the Client infer that Bartlett ^^* �h^«^^^ ^^*=^*:al failure to he lively or imminent, Tree Experts assumes the responsibility for inspecting, "ga f " or vAll not fail :n ap., manner identifying, or correcting hazards or safety issues on or near the Client's property, or conducting tree risk assessments (d) The Cliant 14ndarstands that it is t'he Cl ent's responsibility during the course of any of its ongoing tree care, landscape maintenance, or reoccurring maintenance contracts. r;,Gntin to that risk rating information 2.15 Stump Grinding wea4her ordGr GnsurG or any other information is kept Gurrent, and to enter any rha torisk ratings raitimf o to she (a) If the Work includes stump -grinding services, the Client invot#ory or tra,.king syswm 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 Construction Agreement grinding area might present a tripping hazard, and the Client should mark the area if necessary until the Client removes If the Qieat Agxe 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. Construction Agreement are high or moderate risk, or should be removed for safety reasons, the Client acknowledges that removing those trees (b) Unless the 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 ofthose 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 Construction Agreement structural integrity of trees. To limit that risk, Bartlett Tree (b) The Client acknowledges that if the Qigat Agrkmgq 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 however long is stated on the adversely affected by any root pruning performed as part of whichever is longer. At the end of the prescr d period, it the Work. Bartlett Tree Experts shall assist the Client in Construction Agreement Page 3 of 6 The F.A. Bartlett Tree Expert Company Sales.011. US.CA.10-19 BARTLETT , TREE EXPERTS S General Terms Commercial will be the Client's responsibility to remove and dispose of the signs. (c) Bartlett Tree Experts will provide the Client with copies of all pertinent product label or safety data sheet information upon request. (d) The Client acknowledges that plant health care treatments are intended to mitigate pest levels to an acceptable degree, and are not intended to eradicate or eliminate any insect, disease, or other pest entirely. (e) The Client acknowledges that soil care and fertilization treatments may not have the intended effect if drought conditions or lack of irrigation prevent the tree, shrub, or turf area from receiving adequate water throughout the growing season. 2.20 Schedule of Plant Health Care or Soil Care and Fertilization Treatments (a) Bartlett Tree Experts will schedule all treatments for the 222 appropriate period, given the type of plant, pest, infestation levels, weather patterns, the objectives, and other environmental considerations. (b) If the Client has requested a specific date within that period for the Client's plant health care treatment, the date will be placed on the agreement. If Bartlett Tree Experts is unable to perform the services on the agreed upon date, due to weather conditions, or other unforeseeable delays, Bartlett 2.23 Tree Experts will reschedule the treatment for a date agreeable to the Client. Construction Agreement (c) pre,eor ather conditions or other unforeseen conditions delay treatment during periods specified in the and the Client has not requested a specific date, then Bartlett Tree Experts will automatically reschedule the treatments for the next most appropriate period and notify the Client. 2.21 Integrated Pest Management (a) If the Work includes integrated pest management services, the Client understands that this service will involve plant health care treatments which will be tailored to meet the Client's needs for specific trees, shrubs, turf areas, or plants. In delivering this service, Bartlett Tree Experts will consider the Client's objectives, priorities, budgetary concerns, plant materials, site conditions, pest and disease infestation levels and the expectations of those levels, and timing issues. (b) The Client acknowledges that this service may involve one or more inspections of specific plants to help determine insect and disease concerns, the sampling of specific plant materials or soil areas, an understanding of the cultural needs of certain plants, consideration of biological control concepts and limitations (natural and/or introduced predators), recommended improvements to physical site conditions, or the use of pesticide treatments. The integrated pest management service does not combine all possible controls and concepts for every tree, shrub, turf area, or plant, but rather it considers the most reasonable option or options for control of and mitigation of insect and 2.24 disease damages to the specific trees, shrubs, turf areas or plants as designated by the Client to meet the Client's goals. (c) The Client also understands and acknowledges that during the course of an integrated pest management program, as inspections are taking place, and treatments or other services are being performed to certain trees or shrubs, not every tree or shrub inspected will require a specific treatment or other service, and in fact, some trees or shrubs may not require any specific treatment or other service throughout the course of a season to maintain health and vigor if the inspections show insignificant pest thresholds, and sound environmental and cultural conditions. (d) The Client also understands that tree, shrub, plant and turf inspections conducted during the integrated pest management program are for the purpose of determining plant health issues and, insect and disease thresholds; and are not conducted for the purposes of determining tree, shrub, plant, or turf safety. Trees in Poor Health or a Severe State of Decline The Client acknowledges that if a tree is in poor health or in a severe state of decline, Bartlett Tree Experts cannot predict how that tree will respond to any recommended plant health care or soil care and fertilization treatment and might not be able to prevent that tree from getting worse or dying. Fruit -Reduction Treatment If fruit -reduction (including olive -reduction) treatment forms part of the Work, the Client acknowledges that although Bartlett Tree Experts will take steps to minimize the extent to which the pesticide used in in this treatment comes into contact with plants under or near the treated trees or shrubs, it is likely that some contact will occur and might damage or kill understory plants. Bartlett Tree Experts will not be liable for any such damage. Fruit Tree or Crop Treatment If the Work includes plant health care treatments to mitigate pest damage to fruit trees or other crops, the Client will be responsible for instructing Bartlett Tree Experts which fruit trees or other crops to treat. The Client acknowledges that no such treatments can eliminate pests entirely and such treatments might not increase crop yield or value and might not prevent the plants in question from dying. 2.25 Tick, Mosquito, or Biting Fly Treatment Construction Agreement The Client acknowledges that if the specifies a treatment program to mitigate the presence of ticks, mosquitos, or biting flies, such treatment can only lower pest thresholds, and cannot eliminate the pests or prevent such pests from biting, stinging, or entering the treated area. 2.26 Termite or Wood Destroyin Organism Treatment Construc;ion Agreement (a) The Client acknowledges that if the Qient " specifies a treatment program to mitigate Formosan 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 lrBARTLETT TREE EXPERTS i� General Terms Commercial 2.27 2.28 2-219 2.30 tree or trees, that the treatment cannot provide protection against any present or future damage to any structure or structures on the property, nor can it reverse any damage already caused to any such structure or structures on the property. (b) If Formosan termites or other wood destroying organisms are present on the property, Bartlett Tree Experts recommends that the Client has a qualified structural home inspector inspect the structure or structures for the presence of any termites or wood decaying organisms, as well as any damage, and provide the Client with an appropriate recommendation and report to treat, mitigate or repair the 2.31 damage. Plant Nursery Services If the Work includes treatment to mitigate pest damage to nursery trees or plants, the Client will be responsible for instructing Bartlett Tree Experts which trees or plants to treat. The Client acknowledges that no such treatments can eliminate pests entirely and such treatments might not increase the value of nursery plants and might not prevent the trees or plants in question from dying. Trees Planted and Maintained by Other Contractors The Client acknowledges that if trees within the scope of 2.32 the Work were recently planted or are being maintained by one or more other contractors or if one or more other contractors will be watering and providing services with respect to trees within the scope of the Work, how those trees respond to treatment in the course of the Work might be unpredictable, and Bartlett Tree Experts cannot be responsible for the health of such trees or plants. Snow Removal (a) If snow removal forms part of the Work, the Client acknowledges that the condition of snow and ice on a roof or other structure will vary based on the rate at which snow accumulates, how it is distributed, and the weather it has been exposed to. In removing snow, Bartlett Tree Experts aims to reduce the weight of snow and ice, not remove it entirely. The Client acknowledges that in most cases, 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. 2-33 (b) Bartlett Tree Experts will not be responsible for damage done during snow removal as a result of Concealed Features that the Client does not notify Bartlett of. (c) The Client acknowledges that because removing snow from a structure or landscaping feature that has already been damaged might result in further damage regardless of the care taken by Bartlett Tree Experts, Bartlett will not be responsible for any further damage to a previously - damaged structure or landscaping feature from which Bartlett Tree Experts removes snow as part of the Work. Installing Lights If installing lights and other lighting equipment forms part of the Work, the Client is responsible for providing the lighting equipment and instructing Bartlett Tree Experts where to install it. Bartlett Tree Experts is not responsible for performance and safety of the lighting equipment. The Client is responsible for retaining a licensed electrician to inspect the lighting equipment to check that it is in working order, is safe, and complies with the relevant codes. Bartlett Tree Experts is not responsible for damage done during installation and removal of lighting equipment to any structures (including gutters, decking, and patios), landscaping features (including trees and plants). Tarpaulins The Client acknowledges that if as part of the Work Bartlett Tree Experts places a tarpaulin, or touches a tarpaulin, over a damaged structure, that might not prevent further damage to the structure and its contents, and the tarpaulin might not stay secure during subsequent weather events, even if it is competently secured. Bartlett Tree Experts is not responsible for damage to a structure and its contents that occurs after Bartlett Tree Experts places or adjusts a tarpaulin over the structure. The Client acknowledges that if a structure experiences damage that requires placement of a tarpaulin, the Client should promptly contact an appropriate roofing or water -restoration contractor to assess any damage and conduct any needed repairs. (Yb4 The Client waknov.dedges that if "es and ghpdbr on the should have qualified a;borist poriodigally inspect tmes and shpAbs on the propo#y for fire damage. Page 5 of 6 The F.A. Bartlett Tree Expert Company Sa I es.011. U S. CA.10-19 BARTLETT TREE EXPERTS wllq,pkfMi(M1MI—(1wr General Terms Commercial 244 cancellation , and tuF€area (7 Mo#hino in Ohio AorRigging duty of..aro the r r:hait., of the client to a o ♦he saF t<, of its es and landscape, and to take app;:9. prosent or may d@ 43 Unr-slated Court Proceedings -34 titration 44 Aiewses 44 Amendment; Wai;*F 32 The Maximum liability of RaWcu fQr any looses i rred by the Client arising out of the Qient Aoreemrn# o 4.5 by the Gli@nt for the Work, oxG@pt in the Gase ofnegligenoo Construction or intention2l MiRGOR&Gt by Bartlett. 4 rtisls4 44 (a) coRduat other two AQrk on ", ;nspegtive tree, and all ,nlegg it :r in ,ritinn and o gRed by the names No Waiver ,ndor tho !'lion# A r,raomont ,,,:11 be of 4 ..ti.,o „A19SR it is in ,citing and r nod h,. tho nar+<, o antin„ tho , A waiver gFanted on one oggasian will n" On- other -Ogg a6iAlib Construction Agreement Conflicting Terms Agreement If these terms conflic 'th the rest of the the rest of the Glie,�,4gk will prevail. If these terms conflict with any other client documentation, terms, or purchase order agreement, then the and these terms will prevail. 4.6 E tire A ree ent Construction Construction �greel en` The "iv- Agr t-lel- t with these terms constitutes the entire understanding between the parties regarding Bartlett Tree Experts' performance of the Work and supersedes all other agreements, whether r written or oral, between the parties. Page 6 of 6 The F.A. Bartlett Tree Expert Company Sal es.011. US.CA.10-19 Agreement E h'Ib'It B i 'T ® X ACC>Ro CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 6/15/2023 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(les) 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 York International Agency, LLC Attn. bartlettcert@yorkintl.com 500 Mamaroneck Avenue CONTACT -NAME: FA PHONE , 914-376-2200 A/c No): ADDRIESS: info@yorkintl.com INSURERS AFFORDING COVERAGE NAIC # Harrison NY 10528 INSURER A: Federal Insurance Co. 20281 INSURED INSURER B: Travelers Propeity & Casualty Co of America 25674 The F.A. Bartlett Tree Expert Company 1290 East Main Street INSURER c :Travelers Indemnity Company 25658 INSURER D : Stamford, CT 06902 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 192987790 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Contractual Liab TC2J-GLSA-1005A129-TIL-22 12/1/2022 12/1/2023 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 2,000,000 X MED EXP (Any one person) $ 10.000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PRO ❑ JECT LOC OTHER: GENERAL AGGREGATE $ 5,000,000 PRODUCTS -COMP/OP AGG $ 4,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIREDAUTOS X AUUTOSWNED TC2J-CAP-1005A130-TIL-22 12/1/2022 12/1/2023 COMBINED SINGLE LIMIT Ea accident $ 00 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ROPERTY P(Per accdentDAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 79752542 12/1/2022 12/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A UB-7N673715-22-51-R UB-7N781486-22-51-K 12/1/2022 12/1/2022 12/1/2023 12/1/2023 X PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Spokane Valley is included as an additional insured with respect to Commercial General Liability, Automobile Liability and Umbrella Liability for work performed by The F.A. Bartlett Tree Expert Company where required by written contract. Coverage is primary and non-contributory. Waiver of Subrogation applies in favor of the additional insureds. CFRTIFICOTF HAI r1FR 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 Spokane Valley WA 99206 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD r/