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23-240.00ClearwaterSummitGroupLandscapeMaintenanceAgreement
23-240.00 LANDSCAPE MAINTENANCE AGREEMENT Signature Parks Clearwater Summit Group THIS AGREEMENT(the"Agreement") is made by and between the City of Spokane Valley,a code city of the State of Washington("City")and Clearwater Summit Group,LLC,("Contractor")jointly referred to as the"Parties". WHEREAS, Contractor submitted a proposal for the Signature Parks Special Provisions of the City's Landscape Maintenance Request for Proposals;and WHEREAS, on December 12, 2023, City Council awarded the Signature Parks contract to Contractor; and WHEREAS,the Special Provisions for Signature Parks Landscape Maintenance Services include the City's Balfour Park; and WHEREAS,Balfour Park Phase 1 is currently under construction with an anticipated completion date of May 1st,2024;and WHEREAS,the Contractor is currently working as a sub-contractor for the Balfour Park Phase 1 construction which will include a 60-day establishment period following the date of substantial completion; and WHEREAS,the Contractor's RFP submittal included an alternative bid sheet for year 1 of services reflecting an anticipated commencement date for landscape maintenance of Balfour Park around July 1; and WHEREAS, if the date of substantial completion of Balfour Park Phase 1 is more than 2 weeks prior or after May 1, the parties may need to adjust the agreed-to compensation for year 1 of the contract; and NOW THEREFORE, 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 Special Provisions for Landscape Maintenance of Signature Parks(hereinafter"Work")in accordance with the Contract Documents and shall perform any changes in the work in accordance with the Contract Documents. The Contract Documents include this Agreement, the Request for Proposals, Addenda, the Submittal Response, Special Provisions, Insurance Certificates,and the Performance and Payment Bonds which are by this reference incorporated herein and made part hereof(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 compensation set forth herein,assume and be responsible for the cost and expense of all work required for completing the Work and related activities provided for in the Contract Documents (except those items mentioned therein to be furnished by the City)to City's satisfaction. Parks Maintenance Agreement 2024 Page 1 of 10 23-240.00 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. Contractor acknowledges review of the Contract Documents and accepts the same. 2.Term of Contract. This agreement shall be in full force and effect beginning January 1,2024,and shall remain in effect for three years,with one additional three-year renewal option which may be exercised by the City Manager or designee. Renewals,if any,shall coincide with the calendar year. Either Party may terminate this Agreement with a minimum of 180 days'written notice at any time during a contract term. In the event of such termination,the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. In the event of a material breach by either Party,the non-breaching Party may terminate this Agreement if the breaching Party fails to cure the breach within thirty(30)days after written notice of the material breach. 3. Liquidated Damages. See section 4, "Compensation", and section 5, "Payment"for details regarding incomplete or unsatisfactory Work. 4.Compensation.Contractor shall be compensated as follows: (a) Except for the first calendar year,the City shall pay the Contractor up to$644,085.30 annually plus applicable sales tax, at the then current rate, as full compensation for all Work as identified in the Contract Documents. Compensation may be adjusted pursuant to the Special Provisions for subsequent contract years or renewals. In addition to compensation changes pursuant to section 1.19 of the Special Provisions, the City may address changes in quantities or service levels that result in adjustments to the compensation,an increase or decrease,that exceed the amounts section 1.19 of the Special Provisions. If Contractor does not provide services hereunder for a full calendar year,then the payment due under this subparagraph shall be prorated. During the first calendar year, January 1, 2024-December 31, 2024, the City shall pay the Contractor up to $557,157.82 plus applicable sales tax, at the then current rate as, as full compensation for all Work as identified in the Contract Documents. This amount reflects the fact that Balfour Park Phase 1 will likely not be complete until May 1,2024. If the time for opening is accelerated or delayed by 14 days or more,the City and the Contractor agree to prorate the amount of compensation by the number of days between opening and May 1,2024. This will result in a net decrease in the amount of compensation for the first calendar year should Balfour Park open May 15,2024 or later. This will result in a net increase in the amount of compensation for the first calendar year should Balfour Park open April 17,2024 or earlier. (b) Force account maintenance work. Upon the request of the City for the Contractor to complete specific work outside the scope of the lump sum contract, the City shall pay the Contractor on a time and materials basis for all work completed and materials used based on an estimate provided by the Contractor and approved by the City. Force account maintenance shall not exceed$25,000 inclusive of sales tax per year. 5. Payment. Contractor shall be paid in 12 monthly installments, each month equal to 1/12 of the amount Parks Maintenance Agreement 2024 Page 2 of 10 23-240.00 of compensation owed pursuant to section 4(a) above, less amounts identified in sections 5(a) and 5(b) below,plus applicable sales tax. The Contractor shall also be paid for any force account maintenance work completed pursuant to section 4(b)above,but less amounts identified in sections 5(a)and 5(b)below. The Contractor shall submit invoices to the City which document the work performed for the previous month. The City shall pay the Contractor within 30 days of receipt of a properly submitted invoice that has been approved by the City, except as described in section 5(a) and 5(b) below. Upon request,the Contractor shall provide further documentation to support the invoice. (a) Pursuant to RCW 60.28 et seq.,5%of the compensation due Contractor shall be retained by City and administered in accordance with applicable Washington law. (b) The 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 Contract Administrator to be incomplete or noncompliant with the Contract Documents,Special Provisions,City standards,City code, or federal or state standards. The amount withheld shall be determined in the reasonable judgment of the Contract Administrator, based on the estimated value of the incomplete or noncompliant work, which was not timely remedied pursuant to section 2,4 of the Special Provisions. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name:Marci Patterson,City Clerk Name:Darren Hatfield Phone:(509)921-1000 Phone:(208)640-0699 Address: 10210 East Sprague Ave Address: 15208 East Broadway Ave Spokane Valley,WA 99206 Spokane Valley,WA 99016 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 or 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 statues 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 Parks Maintenance Agreement 2024 Page 3 of 10 23-240.00 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. 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://lni.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 offices of City located at 10210 East Sprague, 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, agreed, and declared that Contractor shall be an independent contractor, and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of 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. As such,the Contractor shall be solely responsible for the safety of all Contractor employees and shall comply with all appropriate state safety and health standards, codes, rules, and regulations, including, but not limited to, those promulgated under the Washington Industry Safety and Health Act, chapter 49.17 RCW,and Title 296 WAC. 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 Parks Maintenance Agreement 2024 Page 4 of 10 23-240.00 in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall,within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond each in the full amount of the contract on the City's bond forms,which shall be executed and attached to this Agreement as part of the Contract Documents. 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 00 01. 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 per project 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. 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 Parks Maintenance Agreement 2024 Page 5 of 10 23-240.00 and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,$2,000,000 general aggregate,and no less than a$2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2.Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City 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. 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 A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. G. Maintaining Insurance. Failure on the part of the 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 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 Parks Maintenance Agreement 2024 Page 6 of 10 23-240.00 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. Criminal Background Checks. Contractor agrees that it shall not ask or direct any person to go to any City Park property in the performance of this Agreement, whether the person is an employee or volunteer,unless that person has passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 18. Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify,and hold harmless City and its officers,agents,and employees, from any and all claims, actions, suits, liability, loss,costs, attomey's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. 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, including the duty and cost to defend, 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 purpose 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. 19.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. 20. 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. 21. 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. 22. 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. The prevailing party in any legal action arising out of this Agreement shall be entitled to recover their reasonable attorney fees and costs incurred in said action. Parks Maintenance Agreement 2024 Page 7 of 10 23-240.00 23.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. 24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. This Agreement shall be interpreted, enforced, and governed by Washington law. 25.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. 26.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. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business. 28. 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. Parks Maintenance Agreement 2024 Page 8 of 10 23-240.00 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 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 Parks Maintenance Agreement 2024 Page 9 of 10 23-240.00 the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100);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 etseq.). 29.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. 30.Attachments. Attachments and Exhibits incorporated into this Agreement are: Contract Documents as defined in section 1 of this Agreement. The Parties have executed this Agreement this /87''4 day of.T-�,c4-4-1 ,2023. CITY OF SPOKANE VALLEY: Contractor: J/1/P an CityManager gr Its: Authorized Representative ATTEST: APP OVED A TO FORM: Marci P erson,City Clerk Office f the City ttorney Parks Maintenance Agreement 2024 Page 10 of 10 SÔIn " 11 SPECIAL PROVISIONS FOR SIGNATURE PARKS LANDSCAPE MAINTENANCE City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 1 GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes contract management provisions and requirements for payment approval. 1.1 WORK SUMMARY The City of Spokane Valley is requesting Bids for landscape maintenance services in two signature parks operated by the Parks and Recreation Department. General expectations of these services include: • mowing • trimming • edging • spraying for pests and weeds • aerating • fertilizing • turf reseeding and rehabilitation • pressurized irrigation maintenance and repair • backflow device testing • litter control • garbage removal • tree/shrub pruning • landscaping bed maintenance • raking • sweeping • pressure washing • maintenance of picnic tables, benches,trash receptacles, and other park fixtures • snow removal of parking lots and sidewalks Additionally, this contract includes the supplying of all labor, materials and supplies necessary to fulfill the terms of the contract. The work description above is not all inclusive but is representative of a comprehensive landscape service and maintenance contract. This contract does not include playground equipment inspection and maintenance or janitorial services for park restrooms and park reservations. 1.2 OBJECTIVE The objective of this signature parks landscape maintenance contract is to provide exceptional service in the City's two signature parks that host numerous special events and large community celebrations each year. The City is seeking a high-quality contractor that provides superior service and is responsive, reliable, and highly adaptable. The successful contractor will take immense pride in the quality of maintenance delivered in the City's crown jewel parks for its residents and City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 visitors. Additionally, the successful contractor will assist the City in bringing its newest urban park online in the heart of Spokane Valley across from City Hall. 1.3 GENERAL INFORMATION These Special Provisions are for landscaping maintenance services at the newly expanded Balfour Park next to the brand-new Spokane Valley Library and across from Spokane Valley City Hall, and at Mirabeau Point Park, which includes the CenterPlace Regional Event Center grounds, Discovery Playground, and the Mirabeau Meadows Park and Natural Area. Together these areas encompass a combined total of approximately 65 acres. Park improvements include irrigated turf, expansive landscaping beds,a wide diversity of trees and shrubs,an engineered pond and waterfall, paved and concrete pathways, several parking lots, picnic shelters, event plazas, performance stages, a veterans memorial, flagpoles, signature playgrounds,public art, and other park amenities such as restrooms, picnic tables, benches, seating walls, shade structures, area lighting, and decorative fencing. These two properties together support a wide range of recreational opportunities for thousands of City residents and visitors and host numerous special events and large community celebrations each year.Additionally,the City is just now completing construction of Phase 1 of the Balfour Park expansion. As such, the Contractor will play a critical role in establishing the new landscaping throughout the park. Portions of the Phase 1 construction have been seeded with non-irrigated native grasses which will be replaced in the future with additional park element. Phase 2 and future park elements at Balfour will include basketball and pickleball courts, a soccer mini-pitch, a large splashpad and destination playground, a large picnic shelter and community gathering space, and a park amphitheater with covered performance stage. The signature park properties included in the scope of services for this contract are: • Balfour Park(8.6 acres) located at 105 N. Balfour Road • Mirabeau Point Park(55.1 acres) located at 13500 E. Mirabeau Parkway, including: o Mirabeau Meadows o Mirabeau Park Natural Area o Mirabeau Springs Waterfall and Pond o CenterPlace Regional Event Center grounds at 2426 N Discovery Place, and o Discovery Playground 1.4 CONTRACT TYPE This Contract is a lump sum fixed fee, purchased service-type Contract. Prevailing wages are required to be paid to the Contractor's employees per chapter 39.12 RCW. Pursuant to RCW 60.28 et seq., 5% of the compensation due to the contractor shall be retained by the City and administered in accordance with applicable Washington law. The City will release the retainage annually when the affidavit of wages paid has been approved by the WA State Department of Labor and Industries. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 Contractor to Provide Performance and Payment Bonds. The contractor shall provide a payment bond and a performance bond in the full amount of the contract on the City's bond forms. A sample of the payment and performance bonds are attached to the sample contract. 1.5 MINIMUM REQUIREMENTS 1. Firms submitting must have experience in the provision of landscape maintenance services similar in nature and scope to those described in these Special Provisions. An emphasis on public park system maintenance is preferred due to the critical nature of frequent interaction with our citizenry. 2. Firms must have sufficient equipment and vehicles to perform the services outlined herein. 3. Firms must have employees to fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. 4. Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to pesticide applications, licenses and requirements. 5. Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. 6.Response time is critical to this contract. Successful firm shall be located within the City of Spokane Valley or be able to demonstrate the ability to consistently respond when called within 30 minutes. 7. Successful firms shall be required to obtain a City of Spokane Valley business registration form. 1.6 CONTRACT ADMINISTRATOR The City Manager's designated Administrator for this contract is the Parks&Recreation Director or his/her assigns. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department personnel following these Special Provisions. 1.7 ONE GENERAL CONTRACTOR 1.7.1 Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior written approval of the City. All subcontracted work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 1.7.2 Contractor's Supervisor The Contractor shall designate a competent supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 1.8 CONTRACT DOCUMENTS The complete Contract includes these parts: The Signature Parks Landscape Maintenance City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 Agreement, Submittal Response,Addenda,these Special Provisions,Insurance Certificates,and the Performance and Payment Bonds. These parts complement each other in describing the complete work. Any requirement binds as if stated in all parts. The contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 1.9 CONTRACT TERM The contract shall commence on the date the contract is executed and continue through the end of the 2026 calendar year. Thereafter the contract may be renewed for an additional three-year term. Either party may terminate the contract with a minimum of 90 days' written notice directly preceding the end of any contract term. Renewals shall coincide with the calendar year. 1.10 COMPENSATION The lump sum fixed price items include all supplies, labor, material, components, equipment, insurance and bond costs, and appurtenances necessary to complete the services which shall conform to the best practice known to the trade in design, quality, material, and workmanship and be subject to these Special Provisions in full. These Special Provisions shall be construed as minimum performance. Prices shall remain firm for the duration of the contract except as noted in section 1.19 of these Special Provisions. 1.11 CONTRACTOR REQUIRED QUALIFICATIONS The Contractor reaffirms meeting all required qualifications and will remain qualified throughout the duration of the Contract and subsequent contract renewals. The Contractor represents and warrants to the City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the Contractor to practice its profession. The Contractor shall maintain a City of Spokane Valley business license. If the Contractor's status changes at any time,the Contractor shall immediately inform the Administrator of the change in qualification status. The Contractor shall also supply in writing to the Administrator the Contractor's written plan and timeframe for reinstatement of acceptable status. 1.12 EXAMINATION OF WORK SITES The Contractor acknowledges visiting the work areas and becoming fully acquainted with site conditions to understand the facilities, difficulties, and restrictions attending the execution of the maintenance work under the contract prior to executing this contract. The failure or omission of the Contractor to receive or examine any form, instrument, or other documents, or to visit the sites and get acquainted with conditions existing therein and verifying project area dimensions, shall in no way relieve the Contractor from obligation with respect to his/her original proposed bid or to this contract. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 1.13 CONTRACTOR SUPPLIED EQUIPMENT, MATERIALS & SUPPORT FACILITIES Unless stated otherwise and agreed in writing, the Contractor is expected to provide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. 1.13.1 Support Facilities The City will not provide equipment storage, shop facilities, workspace, or office space as part of this contract. The Contractor will be responsible for providing all support facilities at their own location(s). The Contractor shall furnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 Equipment Identification All vehicles used by the Contractor must be clearly identified with the name of the company. 1.14 VERIFICATION OF COMPLIANCE Non-compliance with any applicable law, rule,permit requirement, or regulation related to this work shall be reported to the City immediately. The City may require that the Contractor provide a report of the infraction(s) and steps that will be taken by the Contractor to regain compliance. Any continued non-compliance is grounds for the City to penalize the Contractor, up to and including withholding of payment, or early dismissal from the Contract. 1.15 DEBRIS DISPOSAL All collected material, debris, and litter becomes the property of the Contractor and shall be disposed of in a manner consistent with federal, state, and local laws. The Contractor shall pay all costs associated with disposal of the collected material, including collection, storage, transportation, and tipping fees. 1.16 CHANGES, CORRECTIONS, AND CLARIFICATIONS 1.16.1 Changes The City reserves the right to make, at any time during the contract term, such changes in quantities and such alterations in these Special Provisions as are necessary to satisfactorily complete the maintenance work. Such changes in quantities and alterations shall not invalidate the Contract nor release the Performance and Payment Bond, and the Contractor agrees to perform the maintenance work as altered. Among others, these changes and alterations may include: • Deleting any part of the maintenance work City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 • Increasing or decreasing quantities • Altering Special Provisions • Altering the way the maintenance work is to be done • Adding new maintenance work • Altering facilities, equipment, materials, services, or sites, provided by the Contracting Agency • Ordering the Contractor to speed up or delay the maintenance work Any change that affects the overall Contract effort and amount of maintenance work to be performed or that costs or saves Contractor and/or City resources shall be documented through a contract amendment and shall indicate any associated impacts on price, schedule, or performance. The City will execute a written contract amendment, negotiated with the Contractor, prior to the implementation of any change unless ordered by the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 1.16.2 Corrections & Clarifications To continuously improve City operations and return value to citizens and rate payers, Corrections and/or Clarifications to these Special Provisions may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City, it will be determined to be a Correction and/or Clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise the Special Provisions reflecting any changes by addendum with the optional contract annual renewal. 1.17 PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers, workers, or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor & Industries(LNI)for Spokane County. Find the most recent prevailing wage rates at LNI's website at: hops://lni.wa.gov/licensing-permits/public-works-proj ects/prevailing-wage-rates/ The contractor shall use rates effective November 7h, 2023; if renewal options are exercised the Contractor shall pay wages for the most recently published and effective LNI rates available prior to renewal contract execution. No payment will be made until the Contractor has submitted a "Statement of Intent to Pay Prevailing Wages."No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an "Affidavit of Wages Paid". These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the "owners" copy shall be in the possession of the City. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 1.18 PAYMENT AUTHORIZATION 1.18.1 City Inspection The City will periodically inspect the work and condition of facilities under the care of the Contractor. If the Contractor's work or conditions at the City's facilities are shown to not meet these Special Provisions,the Contractor will be notified of the deficiency and allowed to respond to meet the standard pursuant to Section 2.4 of these Special Provisions. If the deficiency is not made whole within the time specified, the Administrator reserves the right to withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 1.18.2 Contractor Reports The Contractor shall complete and transmit to the City the referenced reporting documents included in these Special Provisions, including the following at the identified frequency: • Annual work plans—annually by March 1 (or four weeks prior to spring operations) • Periodic reports—with each invoice • Annual report—annually by November 15 1.18.3 Pay Estimate Submittal, Review, &Approval Payments shall be made after review, approval, and authorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of Work and services that have been provided as specified in Section 2.5.2—Periodic Reporting. Invoices may be submitted monthly for 12 equal amounts from January through December. 1.19 ADDITIONAL OPTION YEARS & ANNUAL FEE ADJUSTMENT The Contractor and/or the City may request an adjustment of the lump sum fixed fee annually, and no later than November 1st for the following calendar year. Such prices shall be negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent change shall be the U.S. Department of Labor, Bureau of Labor Statistics. If the City chooses to exercise the option years, the Contractor must update and pay prevailing wages to the most recently published and effective Washington State Department of Labor& Industries rates for the next contract option term. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 2 GENERAL SPECIFICATIONS This Chapter discusses general items on Contractor and City conduct in executing the work. 2.1 WORK PLAN 2.1.1 Annual Work Plan The Contractor shall submit an annual work plan to the City in accordance with Section 1.18.2—Contractor Reports. The plan communicates who,when,and how the Contractor will complete all planned work during the course of the year. Adjustments to the plan during the year may be necessary and the Contractor is to work with City staff on any necessary revisions. The Annual Work Plan should indicate such things as: • Contact Information: contractor owner, supervisor(s), and crew lead(s), including cell phone and, if applicable, email address. • Planned invoicing amounts, periods, contact information, and a sample invoice with associated periodic report. • General schedules for typical, weekly routine work, for example: o mowing Balfour Park on Mondays o watering Mirabeau on Tuesday and Friday o mowing Mirabeau on Wednesdays o irrigated system inspections <by location, zone,week> • Specific schedule for other task work that is not weekly, for example: o Aeration <application timeframe, i.e. month, week> o Fertilization<application months or timeframe> o Weed Control<application months or timeframe> o Seasonal Irrigation/Sprinkler System Adjustments<spring, summer, fall> o Startup and Winterization<application timeframe, i.e. month,week(s)> o Backflow testing<application timeframe> • What types of equipment will be used,where, and when • Any product or material information the contractor intends to use during the year (i.e. fertilizers,herbicides,pesticides, etc.) • Self-inspection plan and reporting • Employee uniform example 2.1.2 Weekly Work Plans If different from the Annual Work Plan, the Contractor shall submit an email to City designated staff and identify weekly work plans indicating where the Contractor will be working and what activities will be performed. It may be sent up to one day in advance for the next work period. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 2.2 CONTRACTOR'S EMPLOYEES 2.2.1 Licenses Contractor and staff who are supplying services under this agreement shall at all times possess and carry a valid driver's license issued by the State of Washington and have all applicable certifications and licenses required to perform the contracted work. 2.2.2 Uniforms Contractor employees shall be dressed professionally for the landscape industry. Uniform approval is required by the city. 2.3 PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements, structures, utility facilities, adjacent property, trees, shrubbery, and motor vehicles. In the event of property damage, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor's operation, they shall be repaired at the Contractor's expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged property shall be made within 48 hours, except utility lines which shall be repaired immediately and in accordance with the appropriate building code under permits issued by the City. 2.4 COMPLAINTS AND DEFICIENCIES All complaints and deficiencies, with regards to this Contract shall be addressed and abated as soon as possible after notification, to the satisfaction of the City. The City will notify the Contractor by telephone, email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 2.4.1 Deficiencies All work deficiencies of Contractor shall be corrected within 24 hours of notification from the City unless noted otherwise in these Special Provisions, or otherwise agreed to in writing to extend the time. Written notification may be e-mailed, hand delivered or post mailed. As soon as the Contractor has corrected the listed deficiencies, the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 2.4.2 Failure to Perform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b)of the Landscape Maintenance Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1 City Inspections The City will periodically inspect the condition of each area depicted in these Special Provisions. The conditions shall be measured based on these Special Provisions and City staff judgment. 2.5.2 Periodic Reporting The Contractor shall provide self-inspections and/or records of work it performs in each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual report by November 15 each year that includes, at a minimum: • A review of the Annual Work Plan's scheduled tasks compared to the actual deliverables, including a comparison of whether or not tasks were consistently or reliably completed. • A description of new or existing landscaping deficiencies and recommended remedies. • Any recommendations for changes to Special Provisions that improve efficiency to the objective of this contract. 2.6 LOST AND FOUND All lost and found items shall be noted and locked in an agreed upon location.A record of lost and found items when encountered shall be submitted to the Administrator. The City shall be responsible for receiving calls and returning items to the public. Items not claimed shall be disposed of in a fair and appropriate manner at the City's discretion; the contractor shall never dispose of any items without specific direction from the City to do such. In no case will the items be returned to the finder unless warranted by law. 2.7 PARK MAINTENANCE SCHEDULE The park use season is January 1 —December 31 (year-round). Active growing season shall be considered March 1 — November 15. This may vary depending on weather/use. During active growing season, the signature parks may require a maintenance presence up to seven days per week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday-Friday between City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 the hours of 6:00AM and 5:00PM. The Contractor shall work around public use and always be courteous and respectful to park.visitors. Weekend use by the public is extensive and weekend cleaning and other maintenance may be required. Park facilities are open and available for public use from 6:00AM — 9:00PM, April 15th through October 15th and from 6:00AM to 7:00PM, October 16th through April 14th 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City's attempt to provide an overview of anticipated services. It should be understood by the bidders that the City park system is not static.The contractor's ability and willingness to work in a dynamic system in a unique public/private partnership is critical to the success of this contract. Changes in quantities or service levels may, at the discretion of the City, be addressed in contract amendments or through annual price adjustments as contemplated in Section 1.19. 3 WORK SPECIFICATIONS - STANDARD MAINTENANCE IRRIGATED AREAS This Chapter describes the Work to be performed in irrigated areas including standards, schedule, quantity, and location. 3.1 MOWING, TRIMMING, AND EDGING 3.1.1 General Requirements Mowing, trimming, and edging of all irrigated turf is expected to occur weekly, or more as needed to maintain specified heights. Turf mowing shall be at or between heights of 2.5 to 3.0 inches. Turf shall not exceed 4.5 inches between turf mowing. Turf shall be cut at a uniform height (no scalping or uneven cutting). Measurements shall be taken in park areas that are representative of average conditions.Drainage areas,etc.,that receive above normal irrigation may exceed 4.5 inches if the representative target areas are within standards. Mowing during wet conditions that leave noticeable rutting shall not be permitted. Bare patches shall be reseeded. 3.1.2 Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The expected mowing season is from April 1 —November 15 of each year. The estimated number of mowing cycles is approximately 32-44 cycles. Mowing of each area shall be completed on the same day that mowing begins. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 3.1.3 Equipment Mulching equipment shall be used. Blades must be sharp and mower equipment maintained to prevent damage to turf. Mower decks shall be properly adjusted and operated to prevent scalping of turf. 3.1.4 Trimming,Edging, and Tree Rings Trimming shall include hard edging on all surfaces. Areas around concrete or metal fixtures shall be trimmed. Contractor shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass,weeds, litter, and debris thereafter. 3.1.5 Grass Clippings Clippings shall be mulched and left evenly disbursed on the turf. Clippings shall be mowed and bagged or swept by the contractor to remove windrows or other heavy accumulations. Grass clippings shall be blown from sidewalks, trails, and other walkways the same day that mowing occurs. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for all replacement and rehabilitation costs for turf, grass, trees,sprinklers,private property,and anything else that may be damaged during mowing, trimming, or edging. Mowing shall not take place under wet conditions which may cause turf damage or leave ruts or depressions.Wear and tear or damage to fixtures or vegetation by mowers is not acceptable.Care shall be exercised to prevent damage to trees and shrubs, fixtures, and irrigation systems. 3.1.7 Litter/Debris and Cleanup When onsite for scheduled work, the contractor shall perform cleanup. Litter cleanup includes but is not limited to cigarette butts,paper, cardboard,rocks, any plastic,rubber or metal foreign objects, wood, tree branches, leaves, cloth, etc. Debris cleanup includes but is not limited to weeds, grass from around the base of plants, and visible clumps of grass clippings. Debris/Litter pickup shall be completed in all Irrigated Areas included in these Special Provisions and prior to all other work to be performed each service day. In addition to Debris/Litter pickup which is incidental to other work during the growing season, leaves, pine needles, and pinecones shall be swept, raked, or blown as necessary to collect and remove from all turf areas at least two additional times per year: once in the Spring before April 1, and again in the fall after final mowing has been completed. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 Accumulations of pine needles and other debris along fences shall be cleared away. 3.1.8 Measurement& Location Measurement for mowing, trimming, and edging shall be included in Lump Sum for "Mowing, Trimming, Edging and Standard Irrigation Maintenance." The approximate irrigated turf area for the signature park facilities is 991,594 square feet or approximately 22 acres. See maps and tables in Appendix A for more details. 3.1.9 Payment Payment for mowing, trimming, and edging shall be included in the lump sum Contract price for"Mowing, Trimming, Edging and Standard Irrigation Maintenance" and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.2 STANDARD IRRIGATION MAINTENANCE 3.2.1 General Requirements The Contractor is responsible for the operation and regular adjustment of all irrigation/sprinkler systems under this contract. The contractor shall provide the proper amount of water and coverage to maintain healthy turf and underlying soil structure. The contractor shall use a variety of means to maintain healthy turf including, but not limited to altering timers, changing heads and nozzles, adding heads, subtracting heads, adding water lines, or changing and adding zones. The Contractor is responsible for the standard maintenance and repair of all irrigation/sprinkler systems under this contract. This includes all piping, heads, risers, valves, controllers, clocks, drains, backflow preventers, meters, sub-irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems. At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the irrigation zones in Balfour Park and Mirabeau Point Park. Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. Irrigating water on concrete,pavement, and unimproved areas shall be minimized. Standard maintenance is considered operational maintenance on all elements of the system not requiring special equipment,labor,or parts.Maintenance not covered under this section will be covered under Section 7, "Force Account Maintenance — Irrigated Areas". This determination will be made by the City. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 3.2.2 Schedule The expected irrigation season each year will be from April 15 to October 15. The contractor will propose specific dates to activate and winterize the system each year and receive approval from the City based on need and weather conditions. Winterizing is the responsibility of the contractor. The Contractor shall coordinate water service meter removals with applicable water purveyors. All freeze damage is the responsibility of the contractor. 3.2.3 Backflow Prevention Requirements The City has backflow prevention devices on all systems. Meeting backflow prevention requirements and testing is the responsibility of the Contractor on behalf of the City. Testing may be required as often as once a year for each metered location to meet the requirements of Water Purveyors. The frequency of testing is determined by the Water Purveyor. The City will forward any notifications of testing required by the Water Purveyor to the Contractor. The Contractor is required to respond to the notice, provide any testing, and report to the City the outcome of the test and final reporting to the Water Purveyor. 3.2.4 Payment Payment for standard maintenance shall be included in the lump sum Contract price for "Mowing, Trimming, Edging and Standard Irrigation Maintenance" and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1 General Requirements Aeration of irrigated turf in the designated park facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with%2-inch diameter core, 3 %2-inches deep, and the frequency of cores shall be 6-inches or less apart. Allowance will be made for dry or rocky conditions at the discretion of the Director. Coring shall take place when the ground is moist but not wet,within one day of irrigation of the turf 3.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Aeration shall be performed twice per year, once in the spring as soon as conditions permit and again in the fall after August 15tn The contractor shall notify the City one week prior to performing the work. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 3.3.2 Measurement Measurement shall be Lump Sum for"Core Aeration."The approximate irrigated turf area for the signature park facilities is 991,594 square feet or approximately 22 acres. See maps and tables in Appendix A for more details. 3.3.3 Payment Payment shall be lump sum Contract price for "Core Aeration" and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.4 FERTILIZING 3.4.1 General Requirements The contractor shall keep all assigned areas included in this Contract fertilized. Granular or liquid fertilization is acceptable. Fertilization on turf, trees, shrubs, and approved plantings will occur to maintain healthy, green, and attractive landscape. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Where applicable, sprayed areas are to be posted. 3.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Fertilization of improved turf shall be performed three times per year, once in the spring, before June 1st, once in the summer, and once in the fall, after September Pt. Applications shall be at optimal times and shall be outlined in the contractor's annual work plan. Spot treatments during the summer may be necessary to actively support distressed areas. New trees shall be fertilized for the first three years to ensure tree survival. During the first year, new trees shall be fertilized spring and fall, then once per year for the next two years. The contractor shall notify the City one week prior to performing the work. The contractor shall supply documentation to the City indicating if, when and how chemically sensitive individuals were notified subject to any requirements. The documentation shall be supplied to the City within 12 hours after the notification takes place, what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 3.4.3 Approved Fertilizer • Where allowed by state law per RCW 15.54.200(2)(a) and (b): o Recommended Nitrogen-Phosphorus-Potassium ratio 3:1:2 to 4:1:2 • Other fertilizers outside the recommended ratio can/shall be submitted to the City for approval based on soil analysis by a lab selected by contractor and approved by owner. 3.4.4 Fertilizer Safety When applying fertilizer, the Contractor shall take precautions to avoid any impact on human and environmental health, and to ensure fertilizer does not move off target. Applications are made only by trained employees following all recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be Lump Sum for "Fertilizer." The approximate irrigated area of the designated park facilities is 991,594 square feet or approximately 22 acres. See maps and tables in Appendix A for more details. 3.4.6 Payment Payment shall be lump sum Contract price for "Fertilization" and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.5 WEED CONTROL AND CHEMICAL SPRAYING 3.5.1 General Requirements The contractor shall keep all improved and irrigated areas included in this Contract weed free. Chemical spraying on turf,trees,shrubs,and approved plantings will occur to maintain a healthy, green, and attractive landscape. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. The Contractor shall chemically treat a 1-foot radius of turf at the base of each tree and maintain the treated area free of grass,weeds, litter, and debris thereafter. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 3.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan,see section 2.1.1. Weed Control and Chemical Spraying shall be performed two times per year, applied uniformly throughout the appropriate season. Specific application timeframes shall be identified in the Annual Work Plan. Care should be taken by the Contractor to schedule treatments during hours of operation when use by the public is at its least, for example first thing in the morning. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place,what the application is, and at what time the application occurred or will occur. Records of public contract made shall be included in the annual report per Section 2.5.3. 3.5.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT's approved herbicide list. Please refer to WSDOT's webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 3.5.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 3.5.5 Measurement Measurement shall be Lump Sum for"Weed Control and Chemical Spraying." 3.5.6 Payment Payment shall be lump sum Contract price for"Weed Control and Chemical Spraying"and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.6 TREE AND SHRUB TRIMMING AND MAINTENANCE 3.6.1 General Requirements Tree and shrub maintenance shall be performed by an ISA Certified Aborist. Trees and shrubs that are encroaching on sidewalks or roadways, or diseased, dead/dying shall be trimmed or removed/replaced as appropriate. Sidewalk and roadway clearance shall comply with chapter 22.70 SVMC. The City shall be notified of intent to remove any trees or shrubs prior to starting work. All potentially dangerous conditions regarding trees shall be corrected immediately or reported to the City. 3.6.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least twice per year and additionally as needed to maintain a healthy, attractive appearance. 3.6.3 Measurement Measurement shall be Lump Sum for "Tree and Shrub Timming and Maintenance." The approximate number of trees and shrubs, where known, is listed in Chapter 8, Appendix A. The Contractor shall take care to inspect the signature park facilities to determine quantity of needed maintenance under this section. 3.6.4 Payment Payment shall be lump sum Contract price for "Tree and Shrub Trimming and Maintenance" and shall be paid for furnishing all tools, labor, equipment, and materials City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1 General Requirements Organic/Inorganic groundcover shall be maintained to preserve the intended coverage and use. Soil and/or weed barrier shall have 100% coverage either by raking or adding additional ground cover. 3.7.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Ground cover deficiencies shall be corrected no less than three times per year. Landscaping beds shall be weeded no less than six times per year. 3.7.3 Measurement Measurement shall be Lump Sum for "Landscape Bed Maintenance." The approximate total area of landscaping beds in the signature park facilities is 193,803 square feet. There are approximately 55 distinct landscaping beds on the CenterPlace grounds. See maps and tables in Appendix A for more details. 3.7.4 Payment Payment shall be lump sum Contract price for "Tree and Shrub Trimming and Maintenance" and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 4 WORK SPECIFICATIONS- STANDARD MAINTENANCE UNIMPROVED AREAS This Chapter describes the Work to be performed in the unimproved portions of the Mirabeau Point Park Natural Area and the non-irrigated areas in Balfour Park phase 1, including standards, schedule, quantity, and location. 4.1 NOXIOUS WEED CONTROL AND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds as needed. All chemical spraying shall follow the state and federal pesticide applicators requirements and guidelines including licensing. The Contractor shall follow application rates and restrictions. Where applicable, sprayed areas are to be posted. Spraying shall not occur during windy,rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. 4.1.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year, or as directed by the Spokane County Noxious Weed Control Board for control of state identified noxious weeds. Spot treatments during the summer may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. The Contractor is required by law to notify chemically sensitive individuals on file with Washington State Department of Agriculture, where the residing property abuts the roadway right of way or City property. Copies of a list of Pesticide Sensitive Individuals are mailed to each licensed applicator in January and June of each year from the Washington State Department of Agriculture. The Contractor shall supply documentation to the City indicating when and how chemically sensitive individuals were notified. The documentation shall be supplied to the City within 12-hours after the notification takes place,what the application is, and at what time the application occurred or will occur. 4.1.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT's approved herbicide list. Please refer to WSDOT's webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements. 4.1.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. 4.1.5 Measurement Measurement shall be lump sum for "Noxious Weed Control and Chemical Spraying — Unimproved Areas." The approximate area of the unimproved portion of the Mirabeau Point Park Natural Area, which may contain noxious weeds, is shown in Chapter 8, Appendix A. Noxious weeds in the Mirabuea Park Natural Area are anticipated to be none to minimal. The Contractor should take care to inspect these areas to determine quantity of needed maintenance under this section. 4.1.6 Payment Payment shall be lump sum Contract price for "Noxious Weed Control and Chemical Spraying—Unimproved Areas"and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.2 LITTER CONTROL 4.2.1 General Requirements Litter includes paper, cardboard,plastic,rubber or metal, foreign objects,wood, cloth, etc. Large or otherwise visible accumulations, such as multiple items of litter in the same location or large accumulation of trash or debris, etc. shall be removed as soon as possible after being reported or noticed by the Contractor. 4.2.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter pickup shall be completed weekly. There is a general City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 expectation that litter will always be picked up incidental to other work. 4.2.3 Measurement Measurement shall be lump sum for "Litter Control — Natural Area." The approximate areas of the unimproved portions of the Mirabeau Point Park Natural Area is shown in Chapter 8,Appendix A. 4.2.4 Payment Payment shall be lump sum Contract price for"Litter Control—Natural Area"and shall be paid for furnishing all tools, labor,equipment,and materials required.Large accumulations of illegally dumped material may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 4.3 MOWING AND TRIMMING OF NON-IRRIGATED AREAS 4.3.1 General Requirements Mowing and trimming of non-irrigated ground vegetation shall occur in Balfour Park and shall be at a height of 4-6 inches, and growth shall not exceed 8 inches between mowing and trimming intervals. 4.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. The non-irrigated areas in Balfour Park are expected to be mowed until growth ceases in the summer. The estimated number of mows is 8-12 occurrences. 4.3.3 Measurement Measurement shall be lump sum for"Mowing and Trimming—Non-Irrigated Areas." The approximate area of the non-irrigated turf areas at Balfour Park is 86,057 square feet. See Chapter 8,Appendix B for additional details. 4.3.4 Payment Payment shall be lump sum Contract price for "Mowing and Trimming —Non-Irrigated City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 Areas" and shall be paid for furnishing all tools, labor, equipment, and materials required. 5 WORK SPECIFICATIONS - HARDSCAPES, PARK FIXTURES, AND OTHER MAINTENANCE This Chapter describes the Work to be performed on parking lots, park pathways, sport courts, park plazas, picnic shelters, picnic tables, park benches and other park amenities including standards, schedule, quantity, and location. 5.1 SWEEPING 5.1.1 General Requirements Unless otherwise noted, hard surfaces including parking lots, pathways, sidewalks, sport courts, and other paved or concrete surfaces shall be swept, vacuumed, or blown off as needed to maintain a clean appearance.Inspections shall be daily in conjunction with other maintenance tasks. Glass, debris, or other foreign material shall be removed immediately. Parking lots shall be swept each spring to remove all sand and other debris accumulated over the winter. The Contractor shall sweep all parking lots one additional time as scheduled through the summer/fall seasons. Paved pathways, sidewalks,plazas, and sport courts shall be swept or blown off weekly between April 15 and October 15 and monthly between October 16 and April 14. However, due to storms, etc. all hard surfaces may require additional sweeping, which shall be the responsibility of the contractor. 5.1.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.1.3 Measurement Measurement shall be Lump Sum for "Sweeping." The approximate areas (sq feet) of pathways,parking lots, sidewalks,sport courts,plazas,picnic areas and other hard surfaces in the signature parks are listed in Chapter 8, Appendix A. 5.1.4 Payment Payment shall be lump sum Contract price for"Sweeping"and shall be paid for furnishing City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 all tools, labor, equipment, and materials required. 5.2 GARBAGE REMOVAL 5.2.1 General Requirements In addition to policing and removal of litter, the Contractor shall collect and dispose of garbage from trash containers in the signature parks. Trash containers,as noted in Chapter 8, Appendix A, are available for use by the Contractor and are considered adequate. Additional containers may be provided by Contractor. Where decorative containers are desired by the City, the City shall purchase those containers. Containers shall be dumped when 3/4 full or at any time that offensive odors or pests are present or if the container has not been dumped for three days. All containers shall be lined with a plastic liner and all doggie pot stations shall be replenished with compatible waste bags.Vehicle access to cans may be limited in some locations. All costs associated with garbage collection, transport, and disposal shall be the responsibility of the contractor. 5.2.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter control in the signature parks shall occur at least weekly April through September and then monthly although there is a general expectation that litter will always be picked up incidental to other work. Emptying of trash containers shall occur at least three times per week (or more as may be needed per section 5.3.1 above) from April through October and two times per week(or more as may be needed per section 5.3.1 above) from November through March. 5.2.3 Measurement Measurement shall be Lump Sum for "Garbage Removal." The approximate number of trash containers and doggies pot stations in the signature parks is shown in Chapter 8, Appendix A. 5.2.4 Payment Payment shall be lump sum Contract price for "Garbage Removal" and shall be paid for furnishing all tools, labor, equipment, materials, and tipping fees required. Large accumulations of illegally dumped material may be eligible for compensation under City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 Unexpected Maintenance as outlined in Chapter 7. 5.3 WEED CONTROL AND CHEMICAL SPRAYING 5.3.1 General Requirements Weeds in cracks in parking lots, sidewalks, park pathways, sport courts, and other hard- scape areas shall be sprayed for eradication and control. 5.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 5.3.3 Approved Chemicals Herbicides used in this Contract shall be from WSDOT's approved herbicide list. Please refer to WSDOT's webpage for additional information: https://wsdot.wa.gov/sites/default/files/2021-10/Right-away-herbicide-list.pdf. Choice of herbicide shall be communicated to the City in the work plan pursuant to section 2.1 of these Special Provisions. Also provide the choice of chemical in the sample work plan in your response to the RFP per the submittal requirements 5.3.4 Herbicide Safety Applications shall be made only by trained and licensed employees following all state and federal regulations as well as all recommendations and restrictions given on individual product labels as approved by the US Environmental Protection Agency. Any product/chemical used shall conform to local, state, and federal laws and regulations. 5.3.5 Measurement Measurement shall be Lump Sum for "Weed Control — Hardscapes." The approximate quantity (sq feet) of hard-scape areas in the signature parks is shown in Chapter 8, Appendix A. Contractor should take care to inspect hard-scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.3.6 Payment Payment shall be lump sum Contract price for"Weed Control—Hardscapes" and shall be City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 paid for furnishing all tools, labor, equipment,materials, and tipping fees required. 5.4 BOLLARDS,PARK BENCHES,PICNIC TABLES,PARK KIOSKS AND OTHER PARK FIXTURES AND AMENITIES 5.4.1 General Requirements Bollards, gates, fences,park benches,picnic tables, decorative trash receptacles, kiosks, and other park amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Bollards shall be removed and immediately placed back in position, and gates shall be opened and then closed, whenever access is required by the Contractor for maintenance activities in the signature parks. Bollards and gates shall remain locked and not left unsecured. Park benches,picnic tables, informational kiosks, doggie pot stations,picnic tables or other park fixtures shall be wiped clean, or pressure washed when needed. Missing or damaged bollards, gates, locks, or other park fixtures needing replacement or repair shall be immediately reported to the Administrator or designee and may be eligible for compensation under Unanticipated Maintenance as outlined in Chapter 7. 5.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Inspection and maintenance shall occur not less than two times per week from April through October and weekly from November through March. There is a general expectation that inspection and maintenance of park fixtures shall always occur incidental to other work. 5.4.3 Measurement Measurement shall be Lump Sum for"Bollards, Park Benches, Picnic Tables, Park Kiosks and Other Park Fixtures."The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other parks fixtures in the signature parks is shown in Chapter 8, Appendix A. 5.4.4 Payment Payment shall be lump sum Contract price for"Bollards Park Benches,Picnic Tables, Park Kiosks and Other Park Fixtures" and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged park fixtures may City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.5 MIRABEAU SPRINGS WATERFALL AND POND 5.5.1 General Requirements The Mirabeau Springs waterfall and pond have become a signature feature within the City of Spokane Valley's Park System. The pond and waterfall requires daily maintenance when active, generally from approximately April 1 —November 1,to keep the strainer free of debris and functioning properly. Trash must be removed from the pond daily. In addition to other water quality maintenance,there may be a need to remove soap suds from the pond if encountered. If the pump fails, or problems arise with electrical or mechanical components that cause the circulation system to require special maintenance,the contractor shall notify the Administrator immediately. 5.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Pond activation and winterization will coincide with the park irrigation system activation and winterization. 5.5.3 Measurement Measurement shall be Lump Sum for"Mirabeau Springs Waterfall and Pond." The existing water feature consists of an approximate 7,000 square foot PVC lined pond, a 24-inch diameter screened intake pipe, a wet vault with submersible pump system, an automated low water/keep-fill float, electronic controls, and a 10-inch cast iron return pipe which takes water to the top of the 60-foot natural rock outcrop. At the top of the bluff,the outfall splits into a"T"to produce two waterways supplying the falls. 5.5.4 Payment Payment shall be Lump Sum for"Mirabeau Springs Waterfall and Pond" and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged system components may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.6 PARKING LOT AND SIDEWALK/PATHWAY SNOW REMOVAL 5.6.1 General Requirements Snow removal from parking lots, park pathways, hardscapes, and municipal sidewalks City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 associated with the signature parks shall commence at 1" or more accumulation on level surfaces. Snow shall be removed within eight hours following the measurable accumulation of 1 inch.All areas shall be sanded with salted sand at all entrances and exits. All parking lots shall be sanded as icy conditions dictate. Snow may be plowed to the perimeter of the property. If accumulations interfere with parking or other use, or damage fences or encroach on neighboring properties, snow may be required to be hauled from the site. If accumulation levels and weather forecasts indicate that natural melting of snow is reasonably predictable,contractor may request approval from Administrator or designee to forego removal. Ice Melt: Contractor shall be required to spread a commercial ice melt product which is deemed safe to turf, plants, and physical structures on park pathways and municipal sidewalks associated with the signature park properties to maintain free of ice during hours which that facility may reasonably be in use by the public. 5.6.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Scheduling shall accommodate usage demand. Schedule to be worked out with Director. 5.6.3 Measurement Measurement shall be Lump Sum for"Parking Lot and Sidewalk/Pathway Snow Removal." The approximate quantity for snow removal from parking lots at Mirabeau Point Park (located at Mirabeau Meadows and the CenterPlace grounds) is 205,000 square feet. The designated municipal sidewalks and park pathways for snow removal at CenterPlace and Mirabeau Meadows are depicted in Appendix C. The approximate quantity for snow removal from parking lots at Balfour Park is 39,593 square feet. The designated municipal sidewalks and park pathways for snow removal at Balfour Park are depicted in Appendix D.Park pathways shall be cleared to a width of 6 feet. Additionally, snow shall be cleared from the Events Plaza/Veterans Memorial. 5.6.4 Payment Payment shall be lump sum Contract price for "Parking Lot and Sidewalk/Pathway Snow Removal" and shall be paid for furnishing all tools, labor, equipment, materials, and supplies required. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 6 INSPECTION 6.1 General Requirements The Contactor shall perform visual site inspections when onsite for scheduled work and as required per Section 3.2.1. The Contractor shall contact the City if any, but not limited to, the following are found or needed: • Irrigation sprinkler system repair requirements • Pest and disease infestation • Structural Damage to drywells, catch basins, and inlets • Evidence of poor drainage o Plugged pipe o Sediment and debris accumulation near aprons, curb inlets and sidewalk inlets o Sediment and debris accumulation in the swale • Dry or dead turf in irrigated areas. • Removal and replacement of bark • Illegal dumping • Tree,plant, or shrub removal and replacement • Tree,plant, or shrub trimming • Dead or Stolen Plant Material • Accident cleanup • Miscellaneous damage to City owned landscaping • Fence damage • Graffiti • Damage to benches, tables, kiosks, signs, mile markers, or other trail fixtures • Cracked asphalt,potholes, or crumbling edges of trail surfaces • Damage to curbs or pathways • Damaged or missing bollards or bollard locking mechanisms • Area lights not working • Potential homeless encampments Maintenance requirements identified by these inspections that are not covered under previous sections may be paid per Chapter 7 "Force Account Maintenance." The determination of whether the work is unanticipated maintenance shall be made by the City. The City may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 7 FORCE ACCOUNT MAINTENANCE 7.1. General Requirements The City may approve unanticipated maintenance work up to $25,000 at its sole discretion. If requested, Contractor shall provide a proposal outlining time and materials costs for the maintenance and explain how the work is outside the scope of these Special Provisions. No unanticipated maintenance work shall commence prior to written approval from the City. Potential unanticipated maintenance may have specific requirements which include but are not limited to the following examples: 7.2 TREE REMOVAL AND REPLACEMENT 7.2.1 General Requirements All potentially dangerous conditions regarding trees in irrigated areas shall be corrected immediately and reported to the City. The City shall be notified of the contractor's intent to remove any trees or shrubs prior to starting work. The Contractor shall remove dead or severely unhealthy trees and provide a replacement of each removed tree. Hazardous trees shall be removed pursuant to ISA standards. The Contractor shall make an ISA Certified Arborist available as needed. Any transplanted replacement trees shall: • Meet the requirements of chapter 22.70 SVMC for street trees. • Closely match existing trees along the corridor. • Approval of the City prior to installation. • Minimum of 1%2 inch caliper. 7.2.2 Three-Year Maintenance for Transplanted Trees Transplanted trees (first three years after planting) must be watered (by hand if necessary), trimmed, mulched, and staked, according to generally accepted standards to ensure survival. Transplanted trees shall be fertilized for the first three years to ensure tree survival. The first year, new trees will be fertilized spring and fall,then once per year for the next two years. 7.2.3 Payment Payment will be made in accordance with the Contract. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 7.3 DEAD OR STOLEN PLANT MATERIAL 7.3.1 General Requirements The Contractor will replace any dead plant material and plants that have been damaged beyond the control of the Contractor. The contractor will provide a cost to replace dead or stolen plant materials within seven (7) days after observation or notified of same. Contractor will replace any plant material damaged or destroyed by the Contractor at no cost to the City. The Contractor shall report to the City any plant material not exhibiting normal growth and vigor. If it has been determined that the material is beyond reviving, a written report recommending replacement shall be given to the City. This report shall include: (a) Identify the location, size and type of type of plant; (b) Identify the reason for the decline; (c) Cost of replacement.No replacement plantings shall be done without consent of the City. 7.3.2 Payment Payment will be made in accordance with the Contract. 7.4 PEST AND DISEASE CONTROL 7.4.1 General Requirements Where mice, skunks, ground squirrels, insects or other pests are present in and around facilities, the Contractor will control them with approved poisons or traps in accordance with all state and local laws and in a manner acceptable for public areas. This includes the control of insects in irrigation power or control boxes. The Contractor will propose a treatment based on the identification of the insect or disease to the City for approval prior to initiating treatments. 7.4.2 Payment Payment will be made in accordance with the Contract. 7.5 IRRIGATION SPRINKLER SYSTEM 7.5.1 General Requirements The Contractor is responsible for the operation, maintenance, and repair of all irrigation/sprinkler systems under this Contract. Force account maintenance of this system is considered maintenance on those elements of the system requiring special City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 equipment, labor, or parts. Force account maintenance may include, but is not limited to the following: • Replace special item controllers • Replace water meters • Deep excavation valve replacement • Sub-irrigation type emitters • Significant additions or subtractions to water line or zone adjustments. Maintenance not covered under this section will be covered under Section 3.2, "Standard Irrigation Maintenance." This determination will be made by the City. 7.5.2 Payment Payment will be made in accordance with the Contract. City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 8 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain tables with approximate quantities and site maps of the locations of the work to be performed under this contract. • Appendix A: Mirabeau Park Quantities and Site Images • Appendix B: Balfour Park Phase 1 quantities and site map diagrams • Appendix C: Mirabeau Point Park Snow Removal Map • Appendix D: Balfour Park Snow Removal Map • Appendix D 1: Jan-March 2024 Balfour Park Snow Removal Map City of Spokane Valley Special Provisions Signature Parks Landscape Maintenance Contract 23-240.00 Request for Proposals Available upon request for public records Addenda to Request for Proposals Available upon request for public records Submittal Response Available upon request for public records CLEASUM-01 JSLOVER A J RL7 CERTIFICATE OF LIABILITY INSURANCE 1/8/2024 DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Hub International Northwest LLC PO Box 3144 (NCC,No,Ext):(609)747-3121 1 (a/c,No):(509)623-1073 Spokane,WA 99220 A DRESS:nowspkinfo@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Middlesex Insurance Company 23434 INSURED INSURER B:Idaho State Insurance Fund 36129 Clearwater Summit Group,Inc. INSURER c:Underwriters at Lloyd's London 15792 19208 E Broadway Ave INSURER D: Spokane Valley,WA 99016 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYY1 IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR A0235072004 12/22/2023 12/22/2024 DAMAGE TO RENTED 100,000 X X PREMISES IEa occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JET LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY (Ea ace SINGLE LIMIT $ 1,000,000 X ANY AUTO X X A0235072001 12/22/2023 12/22/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED ONLY NON- ONED PROPERTY DAMAGE AUTOS (Per accident) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X x A0235072005 12/22/2023 12/22/2024 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ B WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N 621690 12/22/2023 12/22/2024 1,000,000 ANYIPROPRIE OR EXRTNER/E ECUTIVE N/A E.L.EACH ACCIDENT $ O(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liabili ANE419642023 12/22/2023 12/22/2024 Ded:$10,000 2,000,000 C Pollution/Environm ANE419642023 12/22/2023 12/22/2024 Ded:$10,000 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Spokane Valley is listed as an additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Ave Spokane,WA 99206 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 71 25 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BLANKET ADDITIONAL INSUREDS, PRIMARY & NONCONTRIBUTORY, WAIVER OF SUBROGATION This endorsement modifies the coverage provided under the following Coverage Form(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds -Automatic Status for 13 Additional Insured Types A. Owners, Lessees Or Contractors-Automatic Status When Required In A Written Construction Agreement With You B. Owners, Lessees Or Contractors-Automatic Status When Required In Written Construction Agreement With You (Completed Operations) C. State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations D. Lessor of Leased Equipment E. Owners or Other Interests From Whom Land Has Been Leased F. Manager or Lessor of Premise G. Mortgagee, Assignee, or Receiver H. Controlling Interest I. Co-owner Of Insured Premises J. Executors, Administrators, Trustees Or Beneficiaries K. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises L. Vendors M. Grantor of Franchise 2. Primary and Noncontributory-Other Insurance Condition 3. Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Additional Insureds - Automatic Status for 13 A. Owners, Lessees Or Contractors - Additional Insured Types Automatic Status When Required In A Section II - Who Is An Insured is amended to Written Construction Agreement With You include the following as additional insureds when 1) A person or organization with respect to you have agreed to add that person or liability for "bodily injury", "property organization as an Additional Insured on your damage" or "personal and advertising policy in a written contract or written agreement injury"caused, in whole or in part, by: with that person or organization, or because of a a. Your acts or omissions; or permit issued by a state or political subdivision; b. The acts or omissions of those acting provided the injury or damage occurs subsequent on your behalf; to the execution of the contract or agreement or issuance of the permit and while the contract, in the performance of your ongoing agreement or permit remains in effect. operations for the additional insured. CG 71 25 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company 1 00003 0000000000 23352 0 N c1e28831-e97f-45b5-89a2-ff2f0f244f67 A person's or organization's status as an B. Owners, Lessees Or Contractors - additional insured under this endorsement Automatic Status When Required In Written ends when your operations for that Construction Agreement With You additional insured are completed. (Completed Operations) 2) With respect to the insurance afforded to 1) Any person(s) or organization(s) with these additional insureds, the following respect to liability for "bodily injury" or additional exclusions apply: "property damage" caused, in whole or in This insurance does not apply to: part, by "your work" performed for that a. "Bodily injury", "property damage" or additional insured and included in the "personal and advertising injury" arising products-completed operations hazard , but only when that portion of the out of the rendering of, or the failure to render, "products-completed operations hazard" is any professional architectural, not excluded by endorsement. engineering or surveying services, including: 2) With respect to the insurance afforded to 1. The preparing, approving, or failing these additional insureds, the following to prepare or approve, maps, shop additional exclusion applies: drawings, opinions, reports, This insurance does not apply to: surveys, field orders, change orders "Bodily injury" or "property damage" or drawings and specifications; or arising out of the rendering of, or the failure 2. Supervisory, inspection, to render, any professional architectural, architectural or engineering engineering or surveying services, activities. including: This exclusion applies even if the claims a. The preparing, approving, or failing to against any insured allege negligence or prepare or approve, maps, shop other wrongdoing in the supervision, drawings, opinions, reports, surveys, hiring, employment, training or field orders, change orders or drawings monitoring of others by that insured, if and specifications; or the "occurrence" which caused the b. Supervisory, inspection, architectural or "bodily injury" or "property damage", or engineering activities. the offense which caused the"personal This exclusion applies even if the claims and advertising injury", involved the against any insured allege negligence or rendering of or the failure to render any other wrongdoing in the supervision, hiring, professional architectural, engineering employment, training or monitoring of or surveying services. others by that insured, if the "occurrence" b. "Bodily injury" or "property damage" which caused the "bodily injury" or occurring after: "property damage" involved the rendering 1. All work, including materials, parts of or the failure to render any professional or equipment furnished in architectural, engineering or surveying connection with such work, on the services. project (other than service, C. State or Governmental Agency or maintenance or repairs) to be Subdivision or Political Subdivision - performed by or on behalf of the Permits or Authorizations additional insured(s) at the location Any state or governmental agency or of the covered operations has been subdivision or political subdivision, subject to completed; or the following provisions: 2. That portion of "your work" out of 1) This insurance applies only with respect to which the injury or damage arises operations performed by you or on your has been put to its intended use by behalf for which the state or governmental any person or organization other agency or subdivision or political than another contractor or subdivision has issued a permit or subcontractor engaged in authorization. performing operations for a principal as a part of the same project. 2) This insurance does not apply to: Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 71 25 06 22 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company a. "Bodily injury", "property damage" or F. Manager or Lessor of Premise "personal and advertising injury" arising Any person(s) or organization(s) with respect out of operations performed for the to liability for "bodily injury", "property federal government, state or damage" or "personal and advertising injury" municipality; or caused, in whole or in part, by you or those b. "Bodily injury" or "property damage" acting on your behalf in connection with the included within the ownership, maintenance or use of that part of "products-completed operations the premises leased to you by the additional hazard". insured person(s)or organization(s), subject to D. Lessor of Leased Equipment the following additional exclusions: 1) Any person(s) or organization(s) with This insurance does not apply to: respect to liability for "bodily injury", 1) Any "occurrence" which takes place after "property damage" or "personal and you cease to be a tenant in that premises. advertising injury" caused, in whole or in 2) Structural alterations, new construction or part, by your maintenance, operation or demolition operations performed by or on use of equipment leased to you by such behalf of the person(s) or organization(s) person(s)or organization(s). shown in the Schedule. 2) With respect to the insurance afforded to G. Mortgagee,Assignee, or Receiver these additional insureds, this insurance does not apply to any "occurrence" which Any person(s) or organization(s) with respect takes place after the equipment lease to their liability as mortgagee, assignee or expires. receiver and arising out of the ownership, E. Owners or Other Interests From Whom maintenance or use of a premises by you. Land Has Been Leased This insurance does not apply to structural alterations, new construction and demolition 1) Any person(s) or organization(s) with operations performed by or for such additional respect to liability for "bodily injury", insured person(s) or organization(s). "property damage" or "personal and advertising injury" caused, in whole or in H. Controlling Interest part, by you or those acting on your behalf 1) Any person(s) or organization(s) with in connection with the ownership, respect to their liability arising out of: maintenance or use of that part of the land a. Their financial control of you; or leased to you by the additional insured person(s) or organization(s). b. Premises they own, maintain or control With respect to the insurance afforded to while you lease or occupy these 2 ) p premises. these additional insureds, the following additional exclusions apply: 2) This insurance does not apply to structural This insurance does not apply to: alterations, new construction and demolition operations performed by or for a. Any "occurrence" which takes place that person or organization. after you cease to lease that land; I. Co-owner Of Insured Premises b. Structural alterations, new construction Any person(s) or organization(s) with respect or demolition operations performed by to their liability as co-owner of a premises or on behalf of the additional insured co-owned by you and covered under this person(s) or organization(s). insurance. J. Executors, Administrators, Trustees Or Beneficiaries Any executor, administrator, trustee or beneficiary of your estate or living trust while acting within the scope of their duties as such. CG 71 25 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company 3 00003 0000000000 23352 0 N c1e28831-e97f-45b5-89a24f2f0f244f67 K. State Or Governmental Agency Or 1) "Bodily injury" or "property damage" for Subdivision Or Political Subdivision - which the vendor is obligated to pay Permits Or Authorizations Relating To damages by reason of the assumption of Premises liability in a contract or agreement. This Any state or governmental agency or exclusion does not apply to liability for subdivision or political subdivision, subject to damages that the vendor would have in the the following additional provision: absence of the contract or agreement; This insurance applies only with respect to the 2) Any express warranty unauthorized by you; following hazards for which the state or 3) Any physical or chemical change in the governmental agency or subdivision or product made intentionally by the vendor; political subdivision has issued a permit or 4) Repackaging, except when unpacked authorization in connection with premises you solely for the purpose of inspection, own, rent or control and to which this demonstration, testing, or the substitution insurance applies: of parts under instructions from the 1) The existence, maintenance, repair, manufacturer, and then repackaged in the construction, erection or removal of original container; advertising signs, awnings, canopies, cellar 5) Any failure to make such inspections, entrances, coal holes, driveways, adjustments, tests or servicing as the manholes, marquees, hoist away openings, vendor has agreed to make or normally sidewalk vaults, street banners or undertakes to make in the usual course of decorations and similar exposures; or business, in connection with the 2) The construction, erection or removal of distribution or sale of the products; elevators; or 6) Demonstration, installation, servicing or 3) The ownership, maintenance or use of any repair operations, except such operations elevators covered by this insurance. performed at the vendor's premises in L. Vendors connection with the sale of the product; 1) Any person(s)or organization(s) (referred to 7) Products which, after distribution or sale throughout this endorsement as vendor), by you, have been labeled or relabeled or but only with respect to liability for "bodily used as a container, part or ingredient of injury" or "property damage" arising out of van other endor; orthing or substance by or for the "your products" which are distributed or sold in the regular course of the vendor's 8) "Bodily injury" or "property damage" business. arising out of the sole negligence of the However: vendor for its own acts or omissions or those of its employees or anyone else a. The insurance afforded to such vendor acting on its behalf. However, this only applies to the extent permitted by exclusion does not apply to: law; and eprovided to the vendor is (1) The exceptions contained in b. If coverage Subparagraphs d.or f.;or required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2) With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 71 25 06 22 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company (2) Such inspections, adjustments, tests or This endorsement shall not increase the servicing as the vendor has agreed to applicable limits of insurance. make or normally undertakes to make in If there is any difference in coverage afforded the usual course of business, in to an additional insured in this endorsement connection with the distribution or sale and that provided under another additional of the products. insured endorsement attached to this policy, b. This insurance does not apply to any the broader coverage will apply to that insured person or organization, from whom additional insured. you have acquired such products, or any 2. Primary And Noncontributory Insurance ingredient, part or container, entering into, accompanying or containing such The following is added to the Other Insurance products. Condition and supersedes any provision to the M. Grantor of Franchise contrary: This insurance is primary to and will not seek Any person(s) or organization(s) with respect contribution from any other insurance available to to their liability as grantor of a franchise to you. an additional insured under your policy provided However: that: 1.The insurance afforded to such additional (1) The additional insured is a Named Insured insureds only applies to the extent permitted under such other insurance; and by law; and (2)You have agreed in writing in a contract or 2. If coverage provided to the additional insured is agreement that this insurance would be required by a contract or agreement, the primary and would not seek contribution from insurance afforded to such additional insured any other insurance available to the additional will not be broader than that which you are insured. required by the contract or agreement to 3. Waiver Of Transfer Of Rights Of Recovery provide for such additional insured. Against Others To Us(Waiver Of Subrogation) - With respect to the insurance afforded to Automatic these additional insureds, the following is The following is added to Paragraph 8. Transfer added to Section III -Limits Of Insurance: Of Rights Of Recovery Against Others To Us of If coverage provided to the additional insured Section IV-Conditions: is required by a contract or agreement, the We waive any right of recovery against any most we will pay on behalf of the additional person or organization, because of any payment insured is the amount of insurance: we make under this Coverage Part, to whom the 1. Required by the contract or agreement; or insured has waived its right of recovery in a 2. Available under the applicable limits of written contract or agreement. Such waiver by us insurance; applies only to the extent that the insured has waived its right of recovery against such person whichever is less. or organization prior to loss. CG 71 25 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company 5 00003 0000000000 23352 0 N c1e28831-e97f-45b5-89a2-ff2f0f244f67 COMMERCIAL GENERAL LIABILITY CG 71 18 06 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Maximum Each Construction Project General Aggregate Limit: Not Applicable Designated Construction Project(s):All construction projects away from premises owned by or rented to the Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits" brought; or obligated to pay as damages caused by c. Persons or organizations making claims or "occurrences" under Section I - Coverage A, bringing "suits". and for all medical expenses caused by accidents under Section I - Coverage C, which can be 4. Subject to Paragraph 2. above, any payments attributed only to ongoing operations at a single made under Coverage A for damages or designated construction project shown in the under Coverage C for medical expenses shall Schedule above: reduce the Each Construction Project General Aggregate Limit for that designated 1. Subject to Paragraph 2. below, a separate construction project. Such payments shall not Each Construction Project General reduce the General Aggregate Limit shown Aggregate Limit applies to each designated in the Declarations nor shall they reduce any construction project, and that limit is equal to other Each Construction Project General the amount of the General Aggregate Limit Aggregate Limit for any other designated shown in the Declarations. construction project shown in the Schedule 2. If shown in the Schedule, the Policy above. Maximum Each Construction Project 5. Subject to Paragraph 2. above, the limits General Aggregate Limit is the most we will shown in the Declarations for Each pay for the sum of all damages paid under all Occurrence, Damage To Premises Rented Each Construction Project General To You and Medical Expense continue to Aggregate Limits included in this policy. apply. However, instead of being subject to 3. Subject to Paragraph 2. above, the Each the General Aggregate Limit shown in the Construction Project General Aggregate Declarations, such limits will be subject to the Limit is the most we will pay for the sum of all applicable Each Construction Project damages under Coverage A, except damages General Aggregate Limit. because of "bodily injury" or "property damage" included in the"products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; CG 71 18 06 20 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company 1 00001 0000000000 23352 0 N e8646b83-5b23-40c5-aa15-5c10fe0e17f9 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Each Construction Project General Aggregate Limit provided under this policy. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor any Each Construction Project General Aggregate Limit provided under this policy. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., CG 71 18 06 20 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company POLICY NUMBER: A0235072001 Sentry ADDITIONAL INTEREST SUPPLEMENTAL DECLARATIONS The following additional interests apply to this policy. Any person or organization you are required to add as an additional insured under a written contract or written agreement in effect prior to any loss or damage. 19208 E Broadway Ave Spokane Valley, WA 99016-8577 CA 76 01 06 15 Designated Insured - Primary and Noncontributory - Covered Autos Liability Coverage Any person or organization from whom you are required to waive your right to recover under a written contract or agreement in effect prior to any loss or damage. 19208 E Broadway Ave Spokane Valley, WA 99016-8577 CA 04 44 10 13 Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) CA 89 0410 14 Page 1 of 1 A0235072 12/18/2023 Middlesex Insurance Company 1 00001 0000000000 23352 0 N 111f23e0-2ae4-4693-981d-bfb02caf5007 POLICY NUMBER:A0235072005 COMMERCIAL EXCESS/UMBRELLA EU70910515 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION This endorsement modifies the coverage provided under the following: COMMERCIAL EXCESS/UMBRELLA COVERAGE PART With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name Of Person Or Organization: Any Additional Insured as required by written contract or written agreement executed prior to loss (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph H. Other (4) Affords indemnification and/or defense of Insurance of Section IV-Conditions: the designated person or organization to 1. This insurance is primary to and will not seek the extent permitted by law. contribution from any other insurance available 2. This condition does not apply to: to the person or organization shown in the a. Other insurance, not included in Paragraph 1. Schedule above, provided that such designated above, that may be available to the person or organization: designated person or organization outside of a. Is identified as an additional insured in the your written contract or agreement; or "underlying insurance"; b. Liability which: b. Is a Named Insured under such other (1) May attach to the designated person or insurance; and organization and is not assumed by your c. Has agreed with you in a written contract or written contract or agreement; or agreement that: (2) Is assumed by the designated person or (1) Is signed and effective prior to an organization under any other written "occurrence" to which this insurance contract assuming the obligations of applies; another. (2) This insurance would be primary and would not seek contribution from such other insurance identified in Paragraphs 1.a. and 1.b.above; (3) Agrees to indemnify or defend the designated person or organization for liability and damages covered by the "underlying insurance"; and EU 70 91 05 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 A0235072 with its permission. 12/18/2023 Middlesex Insurance Company 1 00001 0000000000 23352 0 N 23194e54-8887-4cb5-bb54-2bb7a98fb033 POLICY NUMBER: COMMERCIAL INLAND MARINE CM 71 53 09 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REPLACEMENT COST - WASHINGTON This endorsement modifies the coverage provided under the following: Contractors Equipment Coverage Form With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following amends the meaning of Replacement Cost under Additional Condition, Paragraph 3. Valuation: "Replacement cost is the cost to replace Covered Property at the time of loss or damage without deduction for depreciation" means new property of comparable material, quality, of similar size and capabilities, and used for the same purpose (without deduction for depreciation). CM71530923 Page 1 of 1 A0235072 12/18/2023 Middlesex Insurance Company 1 00001 0000000000 23352 0 N c92fa07d-f1e2-470e-adOc-a3c62abb44a1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE COVERAGE Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability $ $ OR Property Damage Liability $ $ 500 OR Bodily Injury Liability and/or Property Damage Liability Combined $ $ (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", how- ever caused): Combined, to all damages sustained A. Our obligation under the Bodily Injury Liability by any one person because of: and Property Damage Liability Coverages to pay damages on your behalf applies only to (1) "Bodily injury"; the amount of damages in excess of any de- ductible amounts stated in the Schedule (2) "Property damage"; or above as applicable to such coverages. (3) "Bodily injury" and "property B. You may select a deductible amount on either damage"combined a per claim or a per "occurrence" basis. Your as the result of any one "occurrence". selected deductible applies to the coverage option and to the basis of the deductible indi- If damages are claimed for care, loss of cated by the placement of the deductible services or death resulting at any time amount in the Schedule above. The deducti- from "bodily injury", a separate deductible ble amount stated in the Schedule above ap- amount will be applied to each person plies as follows: making a claim for such damages. 1. PER CLAIM BASIS. If the deductible With respect to "property damage", per- amount indicated in the Schedule above son includes an organization. is on a per claim basis, that deductible applies as follows: 2. PER OCCURRENCE BASIS. If the de- ductibleSched- a. Under BodilyInjuryLiability. Cover- amount indicated in the ule above is on a "per occurrence" basis, age, to all damages sustained by that deductible amount applies as follows: any one person because of "bodily injury"; a. Under Bodily Injury Liability Cover- b. Under Property Damage Liability 'bodily njury°damages because of Coverage, to all damages sustained by any one person because of b. Under Property Damage Liability "property damage"; or Coverage, to all damages because of"property damage"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage c. Under Bodily Injury Liability and/or Property Damage Liability Coverage CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 Combined, to all damages because 1. Our right and duty to defend the insured of: against any "suits" seeking those dam- (1) "Bodily injury"; ages; and "Property damage"; or 2. Your duties in the event of an "occur- (2) P rtY 9 rence",claim, or "suit" (3) "Bodily injury" and "property apply irrespective of the application of the de- damage"combined ductible amount. as the result of any one "occur- D. We may pay any part or all of the deductible rence", regardless of the number of amount to effect settlement of any claim or persons or organizations who sus- "suit" and, upon notification of the action tain damages because of that "oc- taken, you shall promptly reimburse us for currence". such part of the deductible amount as has C. The terms of this insurance, including those been paid by us. with respect to: CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 2 of 2 . UW520 f:zATION DAHO Policy Number. 621690 -07/01/2022 INSURED Agent: 842 Clearwater Summit Group Inc Hub International Northwest LLC PO Box 6470 PO Box 3144 Spokane,WA 99217 Spokane, WA 99220-3144 (509) 747-3121 ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED AND IS EFFECTIVE ON THE DATE ISSUED UNLESS OTHERWISE STATED WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). This agreement shall not operate directly or indirectly to benefit anyone not named in the schedule. Schedule 1.Waiver Type r Specific Waiver/Specific Job in Favor of: Job Description: OR 1 Blanket Waiver Any person or organization for whom the named insured has agreed by written contract to furnish this waiver. 2. Premium The premium charge for this endorsement shall be$250.00 for a specific waiver and $250.00 for a blanket waiver. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:07/01/2022 Policy No: 621690 Endorsement No. Insured: Clearwater Summit Group Inc Premium $250.00 Insurance Company: State Insurance Fund WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC000313 ©Copyright 2018 National Council on Compensation Insurance,Inc.All Rights Reserved. PO Box 8372o • Boise,ID 83720-0044 • 208-332-2100 . www.idahosi£org HISCOX PROM General Contractors Professional Liability Coverage Part I. Insuring agreements — What is covered Professional liability A. We will pay up to the Professional Liability coverage part limit stated in the Declarations for damages and claim expenses in excess of the retention for covered claims against you alleging a negligent act, error, or omission in your professional services performed by you or on your behalf on or after the retroactive date, provided the claim is first made against you during the policy period and is reported to us in accordance with Section V. Your obligations. Protective indemnity B. We will pay up to the Protective Indemnity limit stated in the Declarations for protective indemnity loss in excess of the retention resulting from any negligent act,error, or omission based upon or arising out of a design professional's performance of or failure to perform services for you or on your behalf in connection with your performance of professional services, provided: 1. the design professional's services are rendered on or after the retroactive date and before the expiration of the policy period; 2. you requested and received written confirmation prior to the negligent act, error, or omission that the design professional had in place professional liability insurance coverage that would apply to any negligent act, error, or omission arising out of the services performed; 3. you initiate a written demand or lawsuit against the design professional during the policy period and it is reported to us in accordance with Section V.Your obligations; and 4. you have taken all reasonable steps to pursue the written demand or lawsuit and obtain recovery of all amounts to which you are legally entitled from the design professional and under any insurance or contractual indemnity available to such design professional. Any payment we make under this Insuring agreement B.will be a part of, and not in addition to,the coverage part limit. Contractors pollution liability C. 1. Contractors pollution: We will pay up to the Contractors Pollution Liability limit stated in the Declarations for damages, claim expenses, clean-up costs, and restoration costs in excess of the retention for covered claims against you alleging a pollution condition, provided the claim: a. arises out of your performance of construction activities or transportation on or after the retroactive date; and b. is first made against you during the policy period and is reported to us in accordance with Section V. Your obligations. Any payment we make under this Insuring agreement C.1.will be a part of, and not in addition to,the coverage part limit. 2. Mold liability: We will pay up to the Mold Liability limit stated in the Declarations for damages and claim expenses in excess of the retention for covered claims against you alleging a mold condition, provided the claim: a. arises out of your performance of construction activities on or after the retroactive date; and b. is first made against you during the policy period and is reported to us in accordance with Section V. Your obligations. Any payment we make under this Insuring agreement C.2.will be a part of, and not in addition to,the Contractors Pollution Liability limit stated in the Declarations. WCLANE P0006 CW(10/19) Page 1 of 14 HISCOX PRQTM General Contractors Professional Liability Coverage Part 3. Non-owned disposal sites: We will pay up to the Non-Owned Disposal Sites limit stated in the Declarations for damages and claim expenses in excess of the retention for covered claims against you alleging a pollution condition that occurred at, or migrated from, any non- owned disposal site or during transportation to or from any such site, provided the claim: a. arises from waste generated by your performance of construction activities on or after the retroactive date;and b. is first made against you during the policy period and is reported to us in accordance with Section V.Your obligations. Any payment we make under this Insuring agreement C.3.will be a part of, and not in addition to, the Contractors Pollution Liability limit stated in the Declarations. II. Coverage enhancements and sublimits Enhancements and sublimits applicable to the entire We will also make the following payments, provided you report such matters to us in accordance Coverage Part with Section V.Your obligations: Rectification expenses A. We will pay up to the Rectification Expenses limit stated in the Declarations for rectification expenses, provided: 1. the design defect is made by you or on your behalf in the course of your professional services on or after the retroactive date; and 2. you first become aware of the design defect during the policy period. If such design defect results in a claim against you: a. we will not pay any rectification expenses related to such design defect after the claim is made; and b. our obligation to pay any damages and claim expenses resulting from such claim will be reduced by the amount of rectification expenses we paid before the claim was made. You must pay the retention stated in the Declarations in connection with any payment we make under this subsection A, and any payments we make will be a part of, and not in addition to,the coverage part limit. Emergency pollution response B. We will pay up to the Contractors Pollution Liability limit stated in the Declarations for costs emergency response costs, provided,such emergency response costs: 1. result from your performance of construction activities on or after the retroactive date; and 2. are incurred during the policy period and within seven days from the discovery of the pollution condition. You must pay the retention stated in the Declarations in connection with any payment we make under this subsection B, and any payments we make will be a part of, and not in addition to,the Contractors Pollution Liability limit stated in the Declarations. Crisis management C. We will pay up to the Crisis Management limit stated in the Declarations for the reasonable and necessary fees, costs, and expenses you incur with our prior written consent for a public relations firm to assist you in responding to a crisis management event, provided the crisis management event occurs during the policy period and it relates to your professional services performed on or after the retroactive date. WCLANE P0006 CW(10/19) Page 2 of 14 ^�A HISCOX PROTM General Contractors Professional Liability Coverage Part You must pay the retention stated in the Declarations in connection with any payment we make under this subsection C, and any payments we make will be a part of, and not in addition to,the coverage part limit. Media and advertising D. We will pay up to the Media and Advertising Activities limit stated in the Declarations for activities coverage damages and claim expenses for any media activities claim against you, provided the claim is first made against you during the policy period and it relates to your professional services performed on or after the retroactive date. You must pay the retention stated in the Declarations in connection with any payment we make under this subsection D, and any payments we make will be a part of, and not in addition to, the coverage part limit. Additional payments We will also make the following payments, provided you report such matters to us in accordance with Section V.Your obligations. No retention will apply to amounts we pay under the following subsections, and such amounts will be in addition to, and not part of,the coverage part limit. Defense of licensing E. We will pay up to the Defense of Licensing Proceedings limit stated in the Declarations for proceedings the reasonable and necessary fees, costs, and expenses incurred with our prior consent in the investigation, defense, or appeal of any state, federal, or other licensing board inquiry or proceeding concerning your eligibility or license to engage in your professional services, provided you first receive notice of such inquiry or proceeding during the policy period and it relates to your professional services performed on or after the retroactive date. FHA/OSHA/ADA regulatory F. We will pay up to the FHA/OSHA/ADA Regulatory Proceedings limit stated in the proceedings Declarations for the reasonable and necessary fees, costs, and expenses incurred with our prior consent in the investigation, defense, or appeal of any regulatory or administrative proceeding against you arising out of any actual or alleged violation of the Fair Housing Act (FHA), Occupational Safety and Health Act(OSHA),Americans with Disabilities Act of 1990 (ADA), or any state law equivalents, provided you first receive notice of such proceeding during the policy period and it directly results from your performance of professional services on or after the retroactive date. Pre-claim assistance G. We will pay up to the Pre-Claim Assistance limit stated in the Declarations for the reasonable and necessary fees, costs, and expenses we incur to investigate or monitor a potential claim arising out of your professional services performed on or after the retroactive date, provided you first become aware of the circumstances leading to the potential claim during the policy period. Our obligation to make any payments under this subsection G will cease when a claim is made against you arising out of the same circumstances as the potential claim we investigated or monitored. Subpoena assistance H. We will pay up to the Subpoena Assistance limit stated in the Declarations for the reasonable and necessary fees, costs, and expenses incurred with our prior consent to respond to a subpoena arising from the performance of your professional services, provided you first receive service of such subpoena during the policy period and it relates to your professional services performed on or after the retroactive date. Supplemental payments I. We will pay reasonable expenses, including loss of wages and a$250 travel per diem, incurred by you if we require you to attend depositions, arbitration proceedings, or trials in connection with the defense of a covered claim, but we will not pay more than an aggregate of$10,000 per claim for such expenses, regardless of the number of insureds. III. Who is an For purposes of this Coverage Part, you, your, or insured means a named insured,subsidiary, insured joint venture, acquired entity, insured organization, employee, independent contractor, or additional insured as defined below: Named insured means the individual,corporation, partnership,limited liability company, limited partnership, or other entity identified in Item 1 of the Declarations. WCLANE P0006 CW(10/19) Page 3 of 14 H I SCOX PRO" General Contractors Professional Liability Coverage Part Subsidiary means any entity of which the named insured has direct management control before or as of the inception of the policy period. Joint venture means an unincorporated business enterprise in which the named insured or subsidiary participates pursuant to a written joint venture agreement, but only: 1. with respect to professional services, covered work, or construction activities performed by the named insured or subsidiary; and 2. for the same percentage of covered damages and claim expenses as the percentage of the named insured's or subsidiary's participation in the joint venture. Acquired entity means any entity: 1. in which the named insured: a. acquires substantially all of the assets; b. acquires the majority of its voting securities, as a result of which it becomes a subsidiary; or c. merges and leaves the named insured as the surviving entity; or 2. that the named insured creates as a subsidiary, during the policy period. With respect to an acquired entity whose revenues exceed 10%of the annual revenues of the named insured at the time of its creation or acquisition, any coverage under this policy will expire 90 days after the effective date of its creation or acquisition unless,within such 90 day period: a. the named insured provides us with written notice of such creation or acquisition; b. the named insured provides us with information related to such creation or acquisition as we may reasonably require; c. the named insured accepts any special terms, conditions, exclusions, or additional premium charge as we may reasonably require; and d. we agree by written endorsement to provide such coverage. This policy will apply to an acquired entity only with respect to your professional services or construction activities performed after the acquisition, merger, or creation and while the named insured maintains management control of the acquired entity. Insured organization means: 1. the named insured; 2. a subsidiary; 3. a joint venture; or 4. an acquired entity. Employee means any past, present, or future: 1. person employed by an insured organization as a permanent, part-time, seasonal, leased, or temporary employee, or any volunteer;or 2. partner,director, officer, or board member(or equivalent position)of an insured organization, but only while in the course of their performance of professional services or construction activities on behalf of or at the direction of such insured organization. Independent contractor means any person contracted by an insured organization to perform the same professional services or construction activities as the insured organization, and whose income is reported to the Internal Revenue Service on Form 1099-MISC, but only while in the course of their performance of professional services or construction activities on behalf of or at the direction of such insured organization. Independent contractor does not include any subcontractors contracted by another independent contractor or an insured organization. WCLANE P0006 CW(10/19) Page 4 of 14 ^�A HISCOX PROTM General Contractors Professional Liability Coverage Part Additional insured means any project owner or client an insured organization has agreed in a written contract or agreement to add as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, provided the contract or agreement: 1. is currently in effect or becomes effective during the policy period; and 2. was executed before the performance of professional services or construction activities out of which the claim arises. Coverage is available for additional insureds solely for claims: a. alleging a negligent act, error, or omission in professional services or construction activities performed by an insured organization or on an insured organization's behalf; and b. that remain pending against an insured organization along with such additional insured. There will be no coverage under this Coverage Part for any liability arising out of the sole negligence of the additional insured. IV. Defense and settlement of claims Defense We have the right and duty to defend any covered claim, even if such claim is groundless,false, or fraudulent. We have the right to select and appoint counsel to defend you against a covered claim. Settlement We have the right to solicit and negotiate settlement of any claim but will not enter into a settlement without your consent,which you agree not to withhold unreasonably. If you withhold consent to a settlement recommended by us and acceptable to the party who made the claim, the most we will pay for that claim is the sum of: 1. the amount of our recommended settlement; 2. claim expenses incurred up to the date of our recommendation; 3. 70%of all claim expenses incurred after our recommendation; and 4. 70%of all damages in excess of the settlement amount recommended by us. V. Your obligations Notifying us of claims and You must give written notice to us of any claim, or any other matter covered under Section II. coverage enhancements Coverage enhancements and sublimits, as soon as possible, but in any event, no later than 60 days after the end of the policy period. All such notifications must be in writing and include a copy of the claim or other covered matter, and must be submitted to us via the designated email address or mailing address identified in Item 6 of the Declarations. Notifying us of potential You have the option of notifying us of potential claims that may lead to a covered claim against claims you. In order to do so, you must give written notice to us as soon as possible and within the policy period, and the notice must, to the greatest extent possible, identify the details of the potential claim, including identifying the potential claimant(s),the likely basis for liability,the likely demand for relief, and any additional information about the potential claim we may reasonably request. The benefit to you of notifying us of a potential claim is that if an actual claim arises from the same circumstances as the properly notified potential claim,then we will treat that claim as if it had first been made against you on the date you properly notified us of it as a potential claim, even if that claim is first made against you after the policy period has expired. WCLANE P0006 CW(10/19) Page 5 of 14 H I SCOX PROM General Contractors Professional Liability Coverage Part All potential claim notifications must be in writing and submitted to us via the designated email address or mailing address identified in Item 6 of the Declarations. Retention Our obligation to pay damages, claim expenses, or any other covered amounts under this Coverage Part is in excess of the applicable retention,which you must pay in connection with each covered claim or other covered matter. If a claim is resolved without payment of any damages by us, and the entire retention is satisfied by your payment of claim expenses and/or damages,then we will reimburse you for up to 50% or of the retention or$25,000,whichever is less. With respect to Insuring agreement B. Protective indemnity only,we will recognize erosion of the retention because of payments made under any other insurance available to the design professional for covered amounts, provided you must pay the remaining amount of the retention in excess of the reduced amount. VI. Exclusions— We will have no obligation to pay any sums under this Coverage Part, including damages or What is not claim expenses, for any claim or other matter covered under Section II. Coverage enhancements and sublimits: covered Antitrust/deceptive trade 1. based upon or arising out of any actual or alleged: practices a. false, deceptive, or unfair trade practices; b. unfair competition, impairment of competition, restraint of trade, or antitrust violations; c. violation of the Sherman Anti-Trust Act,the Clayton Act,the Robinson-Patman Act, all including as may be amended,or any similar federal, state, or local statutes, rules, or regulations in or outside the U.S.; or d. false, deceptive, or misleading advertising. Breach of contract,guarantee, 2. based upon or arising out of any actual or alleged breach of any contract or agreement, or warranty breach of express warranties or guarantees, or any liability of others that you assume under any contract or agreement; however,this exclusion will not apply to: a. any liability you would have in the absence of the contract, agreement,warranties, or guarantees; b. any warranty or guarantee to perform your professional services consistent with applicable industry standards or with reasonable skill or care; or c. an otherwise covered claim under Insuring agreement C. Contractors pollution liability. Criminal proceedings 3. brought in the form of a criminal proceeding, including but not limited to a criminal investigation,grand jury proceeding, or criminal action. Employer liability 4. based upon or arising out of any actual or alleged: a. obligation under any workers'compensation, unemployment compensation, employers' liability, fair labor standards, labor relations,wage and hour,or disability benefit law, including any similar provisions of any foreign, federal, state, or local statutory or common law; b. liability or breach of any duty or obligation owed by you as an employer or prospective employer; c. harassment,wrongful termination, retaliation,or discrimination, including but not limited to adverse or disparate impact; or d. bodily injury sustained by an insured or any employee of an insured. However, part c of this exclusion will not apply to a covered claim for third party discrimination. WCLANE P0006 CW(10/19) Page 6 of 14 'te• H I SCOX PROTM General Contractors Professional Liability Coverage Part Excluded media activities 5. with respect to any media activities claim only, based upon or arising out of: claims a. any content provided to you by your client; however,we will pay claim expenses for any claims against you based upon or arising out of such content; b. the actual goods, products, or services described,depicted, illustrated, or displayed in any communication created by you or anyone on your behalf; c. any actual or alleged copyright infringement related to software or code; d. any content posted or created by any director, officer, or employee in their personal capacity for non-business purposes,whether or not such content is created during working hours or on your premises; or e. any reviews, messages, or posts to any website,social media platform, or account by a third party without your consent. Excluded statutory violations 6. based upon or arising out of any actual or alleged violation of the following laws: a. the Securities Act of 1933; b. the Securities Exchange Act of 1934; c. any state blue sky or securities laws; d. the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq.; or e. the Employee Retirement Income Security Act of 1974, all including as may be amended, or any similar provisions of any foreign, federal,state, or local statutory or common law and any rules or regulations promulgated under such laws. Failure to maintain insurance 7. based upon or arising out of your actual or alleged failure to procure or maintain adequate or bonds insurance or bonds. Faulty workmanship/defective 8. based upon or arising out of any actual or alleged: materials a. faulty or inadequate skill,quality, or craftsmanship in any construction activities; or b. providing of defective or improper materials. However,this exclusion will not apply to: i. a claim directly resulting from your professional services that is otherwise covered under Insuring agreement A. Professional liability; ii. an otherwise covered claim under Insuring agreement C. Contractors pollution liability; or iii. emergency response costs that are otherwise covered under Section II. Coverage enhancements and sublimits, B. Emergency pollution response costs. Improper billing 9. based upon or arising out of any actual or alleged inaccurate, improper, or fraudulent billings or invoices, including but not limited to a qui tam action or any action under the False Claims Act, as may be amended,or any similar provisions of any foreign,federal, state, or local statutory or common law. Insured vs. insured 10. brought by or on behalf of one insured or affiliate against another insured or affiliate; however,this exclusion will not apply to a claim brought by any additional insured against another insured based upon or arising out of any other insured's performance of professional services or construction activities for the additional insured. Intellectual property 11. based upon or arising out of any actual or alleged infringement, use, or disclosure of any intellectual property, including but not limited to copyright,trademark, trade dress, patent, service mark,service name, title, or slogan, or any publicity rights violations, cyber squatting violations,moral rights violations, any act of passing-off, or any misappropriation of trade secret; however,this exclusion will not apply to a media activities claim covered under Section II. Coverage enhancements and sublimits, D. Media and advertising activities coverage. WCLANE P0006 CW(10/19) Page 7 of 14 nt• H I SCOX PROTM General Contractors Professional Liability Coverage Part Intentional acts 12. based upon or arising out of any actual or alleged fraud,dishonesty, criminal conduct, or any knowingly wrongful, malicious, or intentional acts or omissions,except that: a. we will pay claim expenses until there is a final adjudication establishing such conduct; and b. this exclusion will not apply to an otherwise covered media activities claim. This exclusion will apply to the named insured or subsidiary only if the conduct was committed or allegedly committed by any: i. partner,director, officer, or member of the board(or equivalent position)of the named insured or subsidiary; or ii. employee of the named insured or subsidiary if any partner, director, officer, or member of the board (or equivalent position)of the named insured or subsidiary knew or had reason to know of such conduct by the employee. This exclusion will apply separately to each insured and will not apply to any insured who did not commit, participate in, acquiesce to, or ratify such conduct committed by another insured. Manufacture of goods/ 13. based upon or arising out of any goods or products that are manufactured,sold, handled, products designed, or distributed by you or anyone under your license; however,this exclusion will not apply to: a. software sold or supplied by you to your clients in connection with your professional services; or b. goods or products installed or incorporated in your work which have been specifically designed by you or on your behalf by a licensed or trained design professional for use in a specific project. Misappropriation of funds 14. based upon or arising out of the actual or alleged theft, misappropriation, commingling, or conversion of, or failure to safeguard, any funds, monies, assets, or property. Prior acts/notice/knowledge 15. based upon or arising out of any actual or alleged breach of duty or negligent act,error, or omission that: a. was committed prior to the retroactive date; b. was the subject of any notice given under any other policy of which this policy is a renewal or replacement; c. was the subject of, or is related to, any prior or pending litigation, claim,written demand, arbitration, administrative or regulatory proceeding or investigation, or licensing proceeding that was filed or commenced against you and of which you had notice prior to the policy period; or d. you had knowledge of prior to the policy period, and there was a reasonable basis to believe that the act, error, or omission could result in a claim. However, if this policy is a renewal or replacement of a previous policy we issued that provided materially identical coverage, and is part of an unbroken chain of successive policies issued by us,the policy period referred to in paragraphs c and d, above,will be the policy period of the first such policy we issued. Privacy 16. based upon or arising out of any actual or alleged: a. unauthorized acquisition, access, use, or disclosure of, improper collection or retention of,or failure to protect any non-public personally identifiable information or any confidential or proprietary corporate information that is in your care,custody, or control; or b. violation of any privacy law or consumer data protection law protecting against the use, collection, or disclosure of any information about a person or any confidential corporate information. Site-specific pollution 17. based upon or arising out of any actual or alleged: WCLANE P0006 CW(10/19) Page 8 of 14 e1`A HISCOX PROTM General Contractors Professional Liability Coverage Part a. treatment, storage, or disposal of any pollutants at any location other than a non- owned disposal site, including transportation to or from any such location; or b. presence of pollutants on any property or facilities owned or rented by you. Subsidiary outside control of 18. a. based upon or arising out of professional services performed by or on behalf of a past named insured or present subsidiary while the named insured does not have management control of it; or b. made against a subsidiary or anyone acting on its behalf while the named insured does not have management control of it. Technology services 19. based upon or arising out of: a. any actual or alleged defect in any software, hardware, firmware, or associated network cabling that is solely caused by a third party, including but not limited to any third party software supplier, manufacturer, or originator; b. any costs or expenses involved in the repair, upgrade, correction, recall, or replacement of any software, hardware, firmware, or associated network cabling; c. your commercial decision to cease providing technology services; d. any self-replicating, malicious code,whether or not targeted to your computer system; or e. your actual or alleged solicitation, recruiting, or hiring of employees or workers from a past or current employer of an insured. Unsolicited telemarketing 20. based upon or arising out of any actual or alleged violation of any federal, state, local, or foreign statutes, ordinances, or regulations relating to unsolicited telemarketing, solicitations, emails,faxes, text messages, or any other communications of any type or nature, including but not limited to the Telephone Consumer Protection Act, CAN-SPAM Act, or any"anti- spam"or"do-not-call"statutes,ordinances, or regulations. VII. Definitions The following definitions apply to this Coverage Part.Additional definitions are contained in Section III.Who is an insured,and in the General Terms and Conditions, Section VI. Definitions applicable to all Coverage Parts. Affiliate means: 1. any person or entity which wholly or partly owns, operates, controls, or manages the named insured; 2. any entity: a. which was operated, controlled, or managed by the named insured; or b. in which any insured has an ownership interest of 25%or more, at any time during or after the performance of the professional services or construction activities giving rise to the claim; or 3. any entity for which any insured is an officer or director at the time the claim is made. Affiliate does not include a subsidiary or acquired entity. Bodily injury means physical injury, sickness,disease, or death sustained by a person,which directly results from your performance of professional services or construction activities, and any resulting humiliation, mental injury, mental anguish,emotional distress, suffering, or shock. Bodily injury also includes medical monitoring that is the direct result of any of the above injuries. Claim means any written assertion of liability or any written demand for financial compensation or non- monetary relief. For clean-up costs and restoration costs only, claim also means any request, demand, order, or other proceeding brought by or on behalf of a governmental entity to test for,monitor,clean up, remove, contain, treat,detoxify, or neutralize pollutants. WCLANE P0006 CW(10/19) Page 9 of 14 HISCOX P ROTM General Contractors Professional Liability Coverage Part Claim expenses means the following sums incurred in excess of the retention and with our prior written consent: 1. all reasonable and necessary fees,costs, and expenses(including the fees of attorneys and experts)incurred in the investigation, defense, or appeal of a claim; and 2. premiums on appeal bonds,attachment bonds, or similar bond, but we will have no obligation to apply for or furnish any such bonds. Clean-up costs means reasonable and necessary costs you incur with our prior consent to test for, monitor, clean up, remove, contain,treat, detoxify, or neutralize pollutants in response to any request, demand, order, claim, or other proceeding brought by or on behalf of a governmental entity. Construction activities means any construction operations or activities performed by you or on your behalf, including but not limited to construction, erection, fabrication, installation, assembly, manufacture,demolition, dismantling, drilling,excavation, or dredging. Construction activities does not include any professional services. Crisis management event means the public announcement of any of the following events which, in your good faith opinion, had or is reasonably likely to have an adverse impact on your reputation: 1. an actual or alleged negligent act,error, or omission in the performance of your professional services; 2. the death, incapacity, or criminal indictment of any partner,director,officer, or board member(or equivalent position)of the named insured; or 3, an employee was the victim of a violent crime while on the named insured's premises. Damages means the following amounts incurred in excess of the retention: 1. a monetary judgment or monetary award that you are legally obligated to pay(including pre- or post-judgment interest and awards of claimant's attorney fees); or 2. a monetary settlement negotiated by us with your consent. • Damages includes punitive damages to the full extent they are insurable under the law of any applicable jurisdiction that most favors coverage. Damages also includes civil fines and penalties assessed against you in the course of your professional services or construction activities to the full extent they are insurable under the law of any applicable jurisdiction that most favors coverage. Damages will not mean: a. taxes or sanctions; b. overhead costs,general business expenses, salaries, or wages incurred by you, including the costs of recalling,producing, reproducing, or reprinting any media content or the costs of any services incurred in connection with such activities; c. the return, reduction, or restitution of fees, commissions, profits, or charges for goods provided or services rendered; d. liquidated or multiple damages; e. restitution, disgorgement of profits, any advantage to which you were not legally entitled, or unjust enrichment; or f. the cost of complying with injunctive relief. Design defect means a negligent act, error, or omission in the preparation of engineering or architectural designs, plans, drawings, specifications,calculations, surveys, and studies,that is reasonably likely to lead to a claim covered under this policy. Design defect will not mean any actual or alleged negligence in the review of shop drawings, submittals, or requests for payment,the issuance of change orders, or the observation of construction. Design professional means any person or entity that is professionally qualified, certified, or licensed and retained by you or on your behalf to perform any design-related professional services. WCLANE P0006 CW(10/19) Page 10 of 14 H I SCOX PRO" General Contractors Professional Liability Coverage Part Emergency response costs means reasonable and necessary costs,charges, or expenses you incur to investigate,test for, monitor,contain, control, mitigate, clean up, remove, dispose of, abate,treat, or neutralize pollutants in response to an imminent and substantial threat to human health or the environment arising out of the discharge,dispersal, release, or escape of pollutants. Environmental damage means physical damage to soil,the atmosphere, any watercourse or body of water,groundwater, plant life, or animal life,which directly results from your performance of construction activities. Environmental damage will not mean property damage. Management control means having: 1. an ownership interest of more than 50%; 2. an ownership interest representing more than 50%of the voting, appointment, or designation power for the selection of a majority of the board of directors,the management committee members, or the members of the management board,whichever is applicable; or 3. the right,whether by law, contract, or otherwise, to elect, appoint, or designate a majority of the board of directors,the management committee, or the management board,whichever is applicable. Media activities claim means a claim arising from the publication, dissemination, or release of information or materials on an insured organization's website or on a social media page sponsored by an insured organization for any actual or alleged: 1. copyright infringement,trademark infringement, trademark dilution, trade dress infringement, publicity rights violations, or any misappropriation of content,formats, characters,trade names, character names,titles, voices,slogans, graphic material,or artwork; 2. invasion of privacy, including intrusion upon seclusion, publication of private facts,false light, or misappropriation of name or likeness; 3. infliction of emotional distress or outrage; 4. defamation, including but not limited to libel,slander,trade libel, product disparagement, and injurious falsehood; or 5. negligence in connection with the content of an insured organization's website or social media page sponsored by an insured organization, including but not limited to any claim alleging harm to a person or entity who acted or failed to act in reliance on such content. Media activities claim also includes a claim alleging personal and advertising injury. Mold condition means any actual or alleged existence, growth, release, escape of, exposure to, inhalation of, or contact with mold, spores, or fungi that results in bodily injury, property damage, environmental damage, or natural resource damage. Natural resource damage means physical injury to or destruction of, including the resulting loss of value of, land, fish, wildlife, biota, air,water,groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, any state or local government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. Natural resource damage will not mean property damage. Non-owned disposal site means any location you use for the treatment, storage, or disposal of waste or materials, provided that it: 1. was properly licensed or permitted to accept such waste or material as of the date such waste or material was treated,stored, or disposed of; 2. is not managed, operated, owned, or leased by you; and 3. is not listed on a proposed or final Federal National Priorities List or Superfund or Hazardous Waste List, or any state or local equivalent list. WCLANE P0006 CW(10/19) Page 11 of 14 4.A H I SCOX PROTM General Contractors Professional Liability Coverage Part Personal and advertising means injury, other than bodily injury or property damage, arising out of one or more of the injury following offenses: 1. false arrest, detention, or imprisonment; 2. malicious prosecution; 3. wrongful eviction from,wrongful entry into, or invasion of the right of private occupancy of premises; 4. slander, libel,or defamation, or disparagement of goods, products, or services,whether in connection with your professional services or your advertising of it; or 5. oral or written publication of material,whether in connection with your professional services or your advertising of it,that violates a person's right of privacy. Pollutants means any solid, liquid,gaseous, biological, radiological, or thermal irritant or contaminant, including smoke,vapor, asbestos,dust,silica, nanoparticles, fibers, soot,fumes, acids, alkalis, chemicals, nuclear materials, bacteria,viruses, and waste.Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed. Pollution condition means any actual or alleged discharge, dispersal, release, or escape of pollutants that results in bodily injury, property damage, environmental damage, or natural resource damage. Potential claim means any acts, errors, or omissions of an insured or other circumstances reasonably likely to lead to a claim covered under this policy. Professional services means only the following services performed for others for a fee: 1. those services requiring specialized knowledge, skill,training, experience,education, certification, or licensing rendered in the capacity of an architect, engineer, landscape architect, land surveyor or planner, program manager, project manager, owner's representative, LEED accredited professional, interior designer, scientist,technical consultant,design consultant,environmental consultant,construction consultant, or forensic consultant; 2. construction management services, including delegated design responsibility, design assist services, constructability reviews, and value engineering; and 3. ordinary technology services rendered in the course of any of the services listed above, including your use of a drone and the design, development, programming, analysis, training, use, hosting, management, support, or maintenance of any software, database, internet service, or website. Professional services also includes the above services you perform pro bono with the prior knowledge and consent of the named insured. Professional services does not include any services regarding construction means, methods, techniques,sequences, procedures, or job site safety obligations in connection with your operations as a construction contractor,except for stamping,sealing, or any other services listed in paragraph 1 above. For purposes of this definition,"drone"means any unmanned aircraft system without a human pilot onboard that: (i)is controlled by an operator on the ground; and(ii)weighs 55 pounds or less. Property damage means physical damage to or destruction of any tangible property which directly results from your performance of professional services or construction activities, and any resulting loss of use of that property. Protective indemnity loss means any amounts that you are legally entitled to recover from a design professional because of such design professional's negligent act,error, or omission in their performance of or failure to perform services for you or on your behalf,as determined by a: 1. final monetary judgment by a court of competent jurisdiction; 2. final monetary award resulting from an arbitration or other dispute resolution proceeding, in which you participate with our prior written consent; or WCLANE P0006 CW(10/19) Page 12 of 14 H I SCOX PROTM General Contractors Professional Liability Coverage Part 3. monetary settlement entered into by you with our prior written consent, but are unable to actually recover from such design professional or its insurer or indemnitor due to the: a. the design professional's or any of its indemnitors'inability to pay; b. operation of an applicable limit of liability in the design professional's insurance; or c. operation of a contractual limitation of liability in your contract with the design professional. Protective indemnity loss does not include: i. amounts which exceed the actual amount you suffered as a result of such design professional's negligence; ii. attorney's fees you incur in order to pursue such action against the design professional; iii. any amount established or awarded by consent judgment, default judgment,or other proceeding in which any design professional has failed to fully answer, plead, or otherwise defend itself, unless you cooperate with us to determine what the amount recoverable against the design professional would have been in the absence of such consent judgment,default judgment, or other proceeding; or iv. any loss arising from circumstances that were known to the named insured's or subsidiary's Chief Executive Officer or General Counsel (or equivalent positions), or the Lead Project Manager or General Contractor on any project from which an action by you against the design professional arises, prior to the policy period and there was a reasonable basis to believe such circumstances could lead to a written demand or lawsuit against a design professional. Rectification expenses means the reasonable and necessary costs and expenses you incur with our prior written consent to rectify a design defect. Rectification expenses will not mean, and we will have no obligation to pay, any of your profit, overhead expenses, mark-up, or betterment. Restoration costs means reasonable and necessary costs you incur with our prior consent to repair, replace, or restore tangible property damaged as a direct result of any clean-up costs you incur, but only to such property's substantially same condition prior to being damaged and not any improvement or betterment costs. Retention means the applicable amount(s)stated as such under the General Contractors Professional Liability Coverage Part section of the Declarations, including any amount that corresponds to a specific coverage enhancement or sublimit in this Coverage Part. Third party discrimination means any non-physical harassment of or unlawful discrimination against a person or entity other than an insured or an employee of an insured, including any resulting violation of civil rights, but only if such harassment or discrimination directly results from your performance of professional services. Transportation means any loading, unloading, delivery, or transportation of goods, materials, products, or waste in connection with your construction activities. You, your, or insured means a named insured,subsidiary,joint venture, acquired entity, insured organization, employee, independent contractor, or additional insured, as defined in Section III.Who is an insured. VIII. Other provisions affecting coverage WCLANE P0006 CW(10/19) Page 13 of 14 H SCOX PRO" General Contractors Professional Liability Coverage Part Limitation of liability A. You agree not to limit the liability of any design professional to anything less than the design professional's collectible insurance,without our prior written consent. If you fail to comply with this condition,we will only be responsible for protective indemnity loss in excess of the design professional's insurance limit of liability,whether collectible or not. Other insurance B. Our obligation to make any payment under this Coverage Part is: 1. specifically excess of and will not contribute with any valid and collectible insurance available to you, including but not limited to any general liability insurance,whether or not such other insurance is written specifically as excess over this policy; and 2. in excess of any retention applicable to such other insurance,which you must pay before we will be obligated to make any payment. We have no duty to defend you against any claim under this Coverage Part if any other insurer has a duty to defend you against such claim. If no other insurer defends the claim, we will assume the defense obligation, but we will be entitled to your rights against those other insurers. However,solely with respect to Insuring agreement C. Contractors pollution liability, any payment under this Coverage Part will be primary with respect to and will not contribute with any other valid and collectible insurance available to an additional insured,but only if covered by both policies, and only to the extent required in the contract or agreement you entered into naming such additional insured to the policy. Waiver of subrogation C. With respect to any payment we make under this Coverage Part for any claim arising from your professional services or construction activities performed for any client of yours, we agree to waive any right of recovery we may have against such client, provided you have agreed in a written contract or agreement prior to your performance of the professional services or construction activities giving rise to the claim to waive your rights of recovery against such client. Additionally,we agree not to pursue any right of recovery we may have against a design professional against whom you pursue a written demand or lawsuit pursuant to Insuring agreement B. Protective indemnity, except to the extent of any insurance or indemnification available to such design professional. WCLANE P0006 CW(10/19) Page 14 of 14 NhYngmn Shoe my.mnrm of Labor iTndustrg.(https://lni.wa.gov/) Contractors CLEARWATER SUMMIT GROUP INC Owner or tradesperson PO BOX 6470 Principals SPOKANE,WA 99217-0908 ULLMAN,TY ROBERT,VICE PRESIDENT 509 482-2722 SPOKANE County bucher,scottjoesph,VICE PRESIDENT schreiber,brentjames,VICE PRESIDENT ULLMAN,LAURA LOUISE,SECRETARY SWEET,TIM P,PRESIDENT (End:04/03/2019) SWEET,ELAINE,TREASURER (End:04/03/2019) Doing business as CLEARWATER SUMMIT GROUP INC WA UBI No. Business type 601 450 995 Corporation Governing persons TY R ULLMAN SCOTT BUCHER; BRENT SCHREIBER; LAURA ULLMAN; License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Construction Contractor Active Meets current requirements. License specialties GENERAL License no. CLEARSG000KN Effective—expiration 05/15/2000—07/11/2024 Bond TRAVELERS CAS&SURETY CO $12,000.00 Bond account no. 055S103627339BCM Received by L&I Effective date 05/28/2002 07/01/2002 Expiration date Until Canceled Insurance Liberty Northwest Ins Corp $1,000,000.00 Policy no. TB7Z91473774021 Received by L&I Effective date 12/04/2023 12/22/2021 Expiration date 12/22/2024 Insurance history Saylo s No savings accounts during the previous 6 year period. Lawsuits against the bond or savings Igo lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts oL&Ita.xde b ts are recorded for this contractor license during the previous 6 year period,but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Certifications & Endorsements OMWBE Certifications No active certi ications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business.Washington allows the use of apprentices registered with Oregon or Montana.Contact the Oregon Bureau of Labor&Industries or Montana Department of Labor &Industry to verify if this business has apprentices. Workers'Comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 472,384-01 Doing business as CLEARWATER SUMMIT GROUP INC Estimated workers reported Quarter 3 of Year 2023"Greater than 100 Workers" L&I account contact TO/MICHELE GARRETT(360)902-4620-Email:GAMI235@Ini.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training—Effective July.1,2019 exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid Niiirefiarments have been issued against this contractor. Workplace Safety& Health Check for any past safety and health violations found on jobsites this business was responsible for. Inspection results date 02/14/2019 Violations Inspection no. 317952851 Location 10010 W.Geiger Blvd Spokane,WA 99224-6780 Spokane , . .,Valleyk BOND NO: 107933042 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Spokane County,Washington,has awarded to Clearwater Summit Group,LLC(Contractor),as Principal, a contract for the construction of the project designated as Landscape Maintenance Agreement—Signature Parks, Project No.23-240.00 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$2,084,562.65 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made, at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. P CIP (C CTOR) Clearwater Summit Group,Inc. SURETY Travelers Casualty and Surety Company of America 1/2/2024 Lt. )t YS 1/2/2024 Principa ignature Date Surety Signature Date /141.;/ S 1Zj ( Shawn M.Wilson Printed Name Printed Name V py2~ r ,01-4 -•=7 Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Alliant Insurance Services, Inc. 818 W.Riverside Avenue,Suite 800.Spokane,WA 99202 l•,,,l inn,,,,+ 509-343-9238 ,,,, AND SUR ,,,,, J.•' O HARTF: S R ;z • ate• °_��bd ••.... .......... rya . Spokane ,,•••*Valley} BOND NO: 107933042 CON!RACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to Clearwater Summit Group,LLC(Contractor), as Principal,a contract for the project designated as Landscape Maintenance Agreement—Signature Parks,Contract No. 23-240.00 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee,in the sum of$2,084,562.65 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics, subcontractors,and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond maybe executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL 0 TOR) Clearwater Summit Group,Inc. SURETY Travelers Casualtycand Surety Company of America 1/2/2024 Ltl M f r�LA US-0`--112/2024 Principal Sr tare Date Surety Signature Date atteArT 5e-M.e7lSe32 Printed Name Printed Name Title Title Name,address,and telephone of local office/agent of Surety Company is: Alliant Insurance Services, Inc. 818 W. Riverside Avenue,Suite 800.Spokane,WA 99202 / 509-343-9238 1,ti0 SURk'p',,. Jam•'• •••;p 'o ?HARTr0RD L cy; vNty. ���. .- a s i Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Shawn M Wilson of SPOKANE , Washington , their true and lawful Attorneys)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. \ GQNN. y, s +HaNrFORo. ({M 'J,.ttt State of Connecticut By; / .., City of Hartford ss. Robert L.Rana , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '� (/ 3 170rAflY ° � My Commission expires the 30th day of June,2026 fir . i" ''} 1 p1e`ir, 4 +i Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and It is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice.Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 2nd day of January , 2024 , Na \rry J,tr nna@ (cc) rocort ,.... �.`` ,,,vo £nE.HugheistantSecretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421 3880. Please refer to the above-named Attorney(s)-in-Pact and the details of the bond to which this Power of Attorney is attached.