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23-242.00SenskeLawnTreeCareLandscapeMaintenanceAgreementLinearParksRoadways 23-242.00 LANDSCAPE MAINTENANCE AGREEMENT Linear Parks and Roadways Senske Lawn and Tree Care,Inc. THIS AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code city of the State of Washington("City")and Senske Lawn and Tree Care, Inc., ("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies and equipment and other items necessary for the Special Provisions for Landscape Maintenance of Linear parks and Roadways(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. 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 failsto cure the breach within 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) The City shall pay the Contractor up to $458,950 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 Parks Maintenance Agreement 2024 Page 1 of 10 23-242.00 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. (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 of compensation owed pursuant to section 4(a)above,less amounts identified in sections 5(a)and 5(b),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). 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: Andrew Spears Phone: (509)921-1000 Phone: 509-308-1238 Address: 10210 East Sprague Ave Address: 7115 E Cataldo Spokane Valley,WA 99206 Spokane Valley, WA 99212 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state,and local laws, codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the 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 Parks Maintenance Agreement 2024 Page 2 of 10 23-242.00 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 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 Parks Maintenance Agreement 2024 Page 3 of 10 23-242.00 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 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 Parks Maintenance Agreement 2024 Page 4 of 10 23-242.00 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 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 Parks Maintenance Agreement 2024 Page 5 of 10 23-242.00 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 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, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by 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 Parks Maintenance Agreement 2024 Page 6 of 10 23-242.00 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. 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 Parks Maintenance Agreement 2024 Page 7 of 10 23-242.00 Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts, other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling,terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Contractor may request that the City enter 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); Parks Maintenance Agreement 2024 Page 8 of 10 23-242.00 Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color,national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 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 Parks Maintenance Agreement 2024 Page 9 of 10 23-242.00 The Parties have executed this Agreement this 2qfi‘ day of cr_AW,2023. CITY OF SPOKANE VALLEY: Conti- r: J n Hohman,City Manager : J4hd►-to Seca g, gnr-net 010-nartrr Its: Authorized Representative ATTEST: APPROVED AS TO ORM: �n1FF n I t w Marci Pa erson,City Clerk Offic f the City orney Parks Maintenance Agreement 2024 Page 10 of 10 SimOlia,ne p .0•0\7a.Ile SPECIAL PROVISIONS FOR LINEAR PARKS & ROADWAY LANDSCAPE MAINTENANCE City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 the complete maintenance of specified linear parks, open space, and paved trails including the Centennial Trail and Appleway Trail, and associated trailhead parking lots, walkways and other facilities operated by the Parks and Recreation Department,which includes the City Gateway at the intersection of E.Appleway Blvd and Thierman Road. General expectations of these services include: • mowing • trimming • edging • spraying for pests and weeds • aerating • fertilizing • pressurized irrigation maintenance and repair • litter control • tree/shrub pruning and maintenance • raking • sweeping • pressure washing • maintenance of picnic benches and trash receptacles • snow removal of parking lots and walkways The City is also soliciting bids with this same contract for roadway landscape maintenance of irrigated stormwater drainage areas, open space, medians, rights-of-way, and other grassy facilities operated by the Public Works Department and generally supporting the City's roadway system. General expectations of these services include: • mowing • trimming • edging • spraying for pests and weeds • aerating • fertilizing • pressurized irrigation maintenance and repair • litter control • tree/shrub pruning and maintenance • raking • swale inspections City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 janitorial services for park restrooms and park reservations. 1.2 OBJECTIVE The objective of this linear parks and roadway landscaping contract is to provide consistently well- maintained spaces that are clean, healthy, and safe. The City is seeking a high-quality contractor that is responsive, reliable, and provides superior service. 1.3 GENERAL INFORMATION These Special Provisions focus on maintenance of the paved Centennial Trail and Appleway Trail, their associated amenities (benches,parking lots,trail crossings,etc.), as well as irrigated rights of way and road frontages within the City. The Centennial Trail is a 40-mile paved trail that runs from the Idaho State Line to Nine Mile Falls, Washington. The City maintains approximately 6.85 miles of the Centennial Trail within the City's municipal boundaries through an Inter-Agency Agreement with Washington State Parks and three other jurisdictions. The Appleway Trail is approximately 6.4 miles long,beginning at North Farr Road on the west end,then running easterly along Appleway Avenue,and continuing eastward through the former Milwaukee Railroad Right- of-Way to the westerly boundary of the City of Liberty Lake. Both trails include various paved and gravel parking lots, trail access points, improved turf and landscaping areas, and related pathways, sidewalks, and plazas. The various irrigated rights of way and roadway landscape areas comprise approximately 14 acres of additional irrigated turf. 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. 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 for the linear park facilities and by Public Works Department personnel for the roadway landscape facilities 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 Linnear Parks and Roadway Landscape Maintenance 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. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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. 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. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 • 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 • 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: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ The contractor shall use rates effective November 7th, 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. 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 Contractor reports shall distinguish between the two unique schedules of work included in this contract: linear parks and roadway landscaping. 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 shall distinguish between two unique work schedules: Roadway Landscaping and Linear Parks. Invoices for work in the roadway landscaping facilities may be submitted monthly for 9 equal amounts from April through November. Invoices for work in the linear park facilities 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 at renewal,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 Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 Sprague (areas 1420 and 1430) on Mondays o watering Mission (area 1460) on Tuesday and Friday o mowing City Gateway (area CG-1) on Mondays 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 Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 Contractor reports shall distinguish between the two unique schedules of work included in this contract: linear parks and roadway landscaping. Either a singular report or two separate reports is acceptable. 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 the active City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 growing season, linear parks and trails 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 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 14tn 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(roadway landscaping sites,linear park trailheads and improved trail crossings and City Gateway) is expected to occur weekly. 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 cycles. Mowing of each area shall be completed on the same day that mowing begins. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 3.1.8 Measurement& Location Measurement for mowing, trimming, and edging shall be included in Lump Sum for "Mowing, Trimming, and Edging and Standard Irrigation Maintenance" as applicable to Roadway Landscape Facilities and Linear Park Facilities. Approximate turf area for roadway landscape facilities is 559,770 square feet. The approximate turf area for irrigated linear park facilities is 42,754 square feet. See maps and tables in the Appendices 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, and Edging and Standard Irrigation Maintenance" (separately) for Roadway Landscape Facilities and Linear Park Facilities 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 following Roadway and Stormwater Landscaping zones as shown in Appendix A: zones 1310, 1340, 1410, 1420, 1430, 1480, 1490, 1570, and 1580; and the Linear Park location shown in Appendix F: CG-1 (City Gateway). Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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. 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" (separately) for Roadway Landscape Facilities and Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.3 CORE AERATION 3.3.1 General Requirements Aeration of the bottoms of bio-infiltration,roadside swale facilities, and irrigated trailhead or trail crossing facilities shall be performed. Core aeration shall be performed by a hollow tine aerifier machine with 1/2-inch diameter core, 3 1/2-inches deep, and the frequency of cores shall be 6-inches or less apart. Coring shall take place when the ground is moist but not wet, within one day of irrigation of the turf. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 of trailhead and trail crossing facilities shall be performed twice per year, once in the spring as soon as conditions permit and again in the fall after August 15th. Aeration of Roadway Landscape Facilities shall be performed once per year and must coincide with either the spring or fall aeration schedule described above. The contractor shall notify the City one week prior to performing the work. 3.3.2 Measurement Measurement shall be Lump Sum for "Core Aeration" as applicable to Roadway Landscape Facilities and Linear Park Facilities. Approximate area of roadway landscape facilities is 279,663 square feet. Approximate area of linear park facilities is 42,754 square feet. See maps and tables in the Appendices for more details. 3.3.3 Payment Payment shall be lump sum Contract price for "Core Aeration" (separately) for Roadway Landscape Facilities and Linear Park Facilities 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 1st. 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 pursuant 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. 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" as applicable to Roadway Landscape Facilities and Linear Parks Facilities. The approximate turf area of roadway landscape facilities is 559,770 square feet. The approximate area of the irrigated City Gateway and linear park trailheads and trail crossing facilities is 42,754 square feet. 3.4.6 Payment Payment shall be lump sum Contract price for "Fertilization" (separately) for Roadway Landscape Facilities and Irrigated Linear Park Facilities 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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. 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 four times per year, applied uniformly throughout the appropriate season, except for the Roadway Landscape zones specified herein,which are to receive only two applications per year:zones 1270, 1280, 1330, 1350, 1360, 1365, 1370, 1460, 1470, 1540, 1590, and 2570. Specific application timeframes shall be identified in the Annual Work Plan. 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. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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. 3.5.5 Measurement Measurement shall be Lump Sum for "Weed Control and Chemical Spraying" as applicable to Roadway Landscape Facilities and Irrigated Linear Park Facilities. 3.5.6 Payment Payment shall be lump sum Contract price for "Weed Control and Chemical Spraying" (separately)for Roadway Landscape Facilities and Irrigated Linear Park Facilities 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 is on an "as needed basis". 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. Contractor shall make an ISA Certified Arborist available as needed. 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 once per year in the spring. 3.6.3 Measurement Measurement shall be Lump Sum for "Tree and Shrub Timming and Maintenance" as applicable to Roadway Landscape Facilities and Irrigated Linear Park Facilities. The approximate number of trees and shrubs in roadway landscape facilities is listed in Chapter City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 8 —Appendix B. The approximate number of trees and shrubs in irrigated City Gateway, Linear Park trailheads and trail crossing facilities is listed in Chapter 8—Appendix F and Appendix D. 3.6.4 Payment Payment shall be lump sum Contract price for "Tree and Shrub Trimming and Maintenance" (separately) for Roadway Landscape Facilities and Irrigated Linear Park Facilities and shall be paid for furnishing all tools, labor, equipment, and materials required. 3.7 LANDSCAPE BED MAINTENANCE 3.7.1 General Requirements Organic/Inorganic groundcover in linear park trailheads and trail crossing facilities 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 three times per year. City Gateway shall be planted with annuals in the spring and kept weed free throughout the growing season. 3.7.3 Measurement Measurement shall be Lump Sum for "Landscape Bed Maintenance." The approximate area of the irrigated City Gateway, linear park trailheads and trail crossing facilities is 28,353 square feet. 3.7.4 Payment Payment shall be lump sum Contract price for"Landscape Bed Maintenance" and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 4 WORK SPECIFICATIONS- STANDARD MAINTENANCE UNIMPROVED AREAS This Chapter describes the work to be performed in the Former Milwaukee Railroad Right-of-Way which contains the Appleway Trail and in the Myrtle Point Natural Area which contains a portion of the Spokane River Centennial Trail, as well as the natural areas surrounding the 6 Centennial Trail Trailheads and Trail Access Points in the City, 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 along the Appleway Trail and throughout the unimproved areas of the Former Milwaukee Railroad Right-of-Way. Additionally, the Contractor shall control noxious weeds along the Centennial and throughout the City- owned Myrtle Point Natural Area and the natural areas surrounding the 6 Centennial Trail trailheads /trail access points within the City. 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 of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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-1ist.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. 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 Linear Park Facilities." The approximate areas of the unimproved Former Milwaukee Railroad Right-of-Way and the Myrtle Point Natural Area, both of which may contain noxious weeds, are shown in Appendices D and E. 4.1.6 Payment Payment shall be lump sum Contract price for "Noxious Weed Control and Chemical Spraying" 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, dumped mattress or appliance, large accumulation of trash or debris, etc. shall be City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 removed as soon as possible after being reported or noticed by 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 expectation that litter will always be picked up incidental to other work. 4.2.3 Measurement Measurement shall be lump sum for"Litter Control—Unimproved Linear Park Facilities." The approximate areas of the unimproved Former Milwaukee Railroad Right-of-Way and the Myrtle Point Natural Area, are shown in Appendices D and E. 4.2.4 Payment Payment shall be lump sum Contract price for "Litter Control —Unimproved Linear Park Facilities" 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 4.3.1 General Requirements Mowing and trimming of ground vegetation in the unimproved (un-irrigated) Former Milwaukee Railroad Right-of-Way along the Appleway Trail and the city-owned parcel between Mirabeau Parkway and the Centennial Trail shall be at a height of 4-6 inches and growth shall not exceed 10 inches between mowing and trimming intervals. Due to uneven surfaces and natural obstructions in these areas a variety of equipment such as flail mowers and hand trimmers may be required. 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 entire Appleway Trail corridor from University Rd to the Liberty Lake City Limits is expected to be mowed until growth ceases in the summer. The estimated number of mows is 6-8 occurrences . 4.3.3 Measurement Measurement shall be lump sum for "Mowing and Trimming— Unimproved Linear Park City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 Facilities." The approximate area of the unimproved Former Milwaukee Railroad Right- of-Way is 30.65 acres and the City-owned parcel between Mirabeau Parkway and the Centennial Trail (parcel 45101.9068) is 1.11 acres. 4.3.4 Payment Payment shall be lump sum Contract price for "Mowing and Trimming — Unimproved Linear Park Facilities" and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.4 TREE AND SHRUB TRIMMING AND MAINTENANCE 4.4.1 General Requirements Tree and shrub maintenance in the unimproved areas of the Former Milwaukee Trail Right- of-Way (Appleway Trail Corridor) is on an "as needed basis". Trees and shrubs that are encroaching on trails or diseased, dead/dying shall be trimmed or removed as appropriate. 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. Contractor shall make an ISA Certified Arborist available as needed. 4.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Tree and shrub trimming shall be performed at least once per year in the spring. 4.4.3 Measurement Measurement shall be Lump Sum for "Tree and Shrub Timming and Maintenance — Unimproved Linear Park Facilities." The approximate number of trees and shrubs in the unimproved areas of the Former Milwaukee Railroad Right-of-Way (Appleway Trail Corridor) are shown in Appendices D and E. 4.4.4 Payment Payment shall be lump sum Contract price for"Tree and Shrub Trimming and Maintenance — Unimproved Linear Park Facilities" and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 5 WORK SPECIFICATIONS - PAVED TRAILS, TRAIL CROSSINGS, AND TRAILHEAD PARKING LOT MAINTENANCE This Chapter describes the work to be performed on the portion of the Centennial Trail that runs through the City of Spokane Valley as well as the Appleway Trail, including standards, schedule, quantity, and location. 5.1 SWEEPING 5.1.1 General Requirements Unless otherwise noted, hard surfaces including parking lots, pathways, sidewalks and paved trail surfaces shall be swept, vacuumed or blown off as needed to maintain a clean appearance. Parking lots shall be swept each spring to remove all sand, leaves,pinecones, 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 trail and pathway surfaces shall be swept at least four times per year. However, due to storms, etc. 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. Paved parking lots shall be swept a minimum of two times per year and paved trails and pathways shall be swept a minimum of four times per year. 5.1.3 Measurement Measurement shall be Lump Sum for"Sweeping—Paved Trails." The approximate areas (sq feet) of paved trails, pathways, sidewalks and parking lots associated with the Appleway and Centennial Trail is listed in Appendices D and E. 5.1.4 Payment Payment shall be lump sum Contract price for"Sweeping—Paved Trails"and shall be paid City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 for furnishing all tools, labor, equipment, and materials required. 5.2 VEGETATION CONTROL 5.2.1 General Requirements Appleway Trail and Centennial Trail shoulders shall be mowed, trimmed, or sprayed as needed to eradicate weeds, and remove vegetation for a minimum of two feet on each side of the Trail and associated public trail spur connections. Vegetation shall be cut back further if necessary to maintain line-of-sight for safety on curves. Overhanging tree limbs shall be cut to maintain a minimum clearance of 10 feet. Hazardous trees shall be removed pursuant to ISA standards. 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. Generally vegetation control needs are more intensive along the Centennial Trail corridor. Trimming of weeds and grasses, brush control, and tree limb clearing shall occur a minimum of three times per year. 5.2.3 Measurement Measurement shall be Lump Sum for "Vegetation Control — Paved Trails." The approximate length(miles)of the Appleway and Centennial Trails is shown in Appendices D &E. 5.2.4 Payment Payment shall be lump sum Contract price for "Vegetation Control — Paved Trails" and shall be paid for furnishing all tools, labor, equipment, and materials required. Hazardous tree removal may be eligible for compensation under Unexpected Maintenance as outlined in Chapter 7. 5.3 GARBAGE REMOVAL 5.3.1 General Requirements In addition to policing and removal of litter, the Contractor shall collect and dispose of garbage from trash containers and doggie pot stations along the Appleway and Centennial Trails. Trash containers, as noted in Appendices D & E 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 four 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. 5.3.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Litter control along trails 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 two times per week(or more as may be needed per section 5.3.1 above)from April through October and weekly (or more as may be needed per section 5.3.1 above) from November through March. 5.3.3 Measurement Measurement shall be Lump Sum for"Garbage Removal—Paved Trails."The approximate number of trash containers and doggies pot stations on the Appleway and Centennial Trails is shown in Appendices D & E. 5.3.4 Payment Payment shall be lump sum Contract price for"Garbage Removal—Paved Trails"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 Unexpected Maintenance as outlined in Chapter 7. 5.4 WEED CONTROL AND CHEMICAL SPRAYING 5.4.1 General Requirements Weeds in cracks in parking lots, sidewalks,paved trails and other hard-scape areas shall be sprayed for eradication and control. 5.4.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 Plan, see section 2.1.1. 5.4.3 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 5.4.4 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. 5.4.5 Measurement Measurement shall be Lump Sum for "Weed Control and Chemical Spraying — Paved Trails." The approximate quantity (sq feet) of hard-scape areas on the Appleway and Centennial Trails is shown in Appendices D & E. Contractor should take care to inspect hard-scape areas prior to bidding to determine quantity of needed maintenance under this section. 5.4.6 Payment Payment shall be lump sum Contract price for "Weed Control and Chemical Spraying — Paved Trails" and shall be paid for furnishing all tools, labor, equipment, materials, and tipping fees required. 5.5 BOLLARDS AND OTHER TRAIL FIXTURES AND AMENITIES 5.5.1 General Requirements Trail bollards, benches,picnic tables, mile markers, decorative trash receptacles, and other trail amenities shall be the responsibility of the Contractor to be kept clean and in good working condition. Trail Bollards shall be removed and immediately placed back in position whenever access is required by the Contractor on the trails. Bollards shall remain locked and not left unsecured. Benches, picnic tables, informational kiosks, doggie pot stations,picnic tables or other trail fixtures shall be wiped clean, or pressure City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 washed when needed. Missing or damaged bollards or locks or other trail 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. 5.5.2 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 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 trail fixture inspection and maintenance shall always occur incidental to other work. 5.5.3 Measurement Measurement shall be Lump Sum for"Bollards and Other Trail Fixtures and Amenities." The approximate number of bollards, kiosks, benches, trash containers, doggies pot stations and other trail fixtures on the Appleway and Centennial Trails is shown in Appendices D & E 5.5.4 Payment Payment shall be lump sum Contract price for"Bollards and Other Trail Fixtures and Amenities" and shall be paid for furnishing all tools, labor, equipment, and materials required. Repair or replacement of damaged fixtures 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 trailhead parking lots, trailhead pathways and plazas, and municipal sidewalks associated with trailheads and trail crossings and the City Gateway shall commence at 1"or more accumulation on level surfaces.Exceptions:paved sections of the Centennial Trail and Appleway Trail are not plowed in winter. Snow shall be removed within eight hours following the measurable accumulation of 1". 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 municipal sidewalks associated with linear park properties including the City Gateway and other areas, as may be designated, 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 quantities (sq feet) of parking lots, plazas, pathways, and sidewalks associated with the Appleway Trail trailheads and trail crossings,the Centennial Trail trailheads and trail property frontages,and the City Gateway is shown in Appendices D & E &F. 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 Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 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 V2 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 Payment will be made in accordance with the Contract. 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 City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 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 Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 8 LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain site specific exhibit maps, and associated tables detail the approximate quantities and the locations of the work to be performed under this contract. • Appendix A: Map of Roadway and Stormwater Landscaping Sites • Appendix B: Table of Estimated Quantities for Roadway and Landscaping Sites • Appendix C: Map of Linear Park Facilities and City Gateway Site • Appendix D: Table of Estimated Quantities for Appleway Trail Locations • Appendix E: Table of Estimated Quantities for Centennial Trail Locations • Appendix F: Table of Estimated Quantities for City Gateway Site City of Spokane Valley Special Provisions Linear Parks and Roadway Landscape Maintenance Contract 23-242.00 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 Client#: 186359 SENSLAWNI ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)1/26/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Trisha Hankey Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A/C,No,Ext): (A/C,No): 601 Union Street;Suite 3400 a ARASS, trisha.hankey@propelinsurance.com COM Construction INSURER(S)AFFORDING COVERAGE NAIC# Seattle,WA 98101-1371 INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B:Homeland Insurance Company of New York 34452 Senske Lawn and Tree Care, LLC INSURER C: 400 North Quay Street INSURER D: Kennewick,WA 99336 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE 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. INSRT TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/LDDY/YYYY) (F MM/LDDY/YEYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 24APS12454 01/31/2024 01/31/2025 EACH OCCURRENCE $1,000,000 NTED CLAIMS-MADE X OCCUR PREMISES(EaE occurrence) $500,000 X PD Ded:$5,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X ECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 24AAS12454 01/31/2024 01/31/2025 Ea COMBaccdent)SI $INEDNGLELIMIT 1,000,000 ( X ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) A x UMBRELLA LIAB X OCCUR 24ALU12454 01/31/2024 01/31/2025 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTION$ $ A WORKERS COMPENSATION 24AWS12454 01/31/2024 01/31/2025 X STATUTE X ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N Work Comp E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) 24APS12454 01/31/2024 01/31/2025 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WA Stop Gap E.L.DISEASE-POLICY LIMIT $1,000,000 A Lease/Rent Equip 24AIA12454 01/31/2024 01/31/2025 $220,000/$1,000 ded. B Pollution/ 7930117170002 01/28/2024 01/31/2025 $1M/$1M Limits Professional $10,000 deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Operations performed by the Named Insured. City of Spokane Valley shall be included as Additional Insured per the attached endorsements. CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 E Sprague Ave ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206-0000 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6389236/M6381895 TTOO CONTRACTORS'GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 13. Blanket Waiver of Subrogation 8 additional insured extensions. Waiver of subrogation where required by written contract or written agreement. Primary and Noncontributory Insurance 14. In Rem Actions 2. Damage To Premises Rented to You Limit increased to$500,000. 15. Voluntary Property Damage Limits added: $5,000 occurrence, $10,000 3. Medical Payments aggregate. Limits increased to$15,000. Reporting period increased to three years from 1. MISCELLANEOUS ADDITIONAL INSUREDS the date of accident. Section II Who Is An Insured is amended to 4. Non-owned Watercraft include as an additional Insured any person or Increased to 50 feet. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 5. Supplementary Payments as an additional insured on this policy under a Cost of bail bonds increased to$10,000. written contract or written agreement. However, Daily loss of earnings increased to$500. the written contract or written agreement must be: 6. Newly Formed Or Acquired Organizations 1. Currently in effect or becoming effective Coverage extended to the end of the policy period during the term of this policy; and or the next anniversary of this policy's effective date. 2. Executed prior to the "bodily injury", "property damage" or"personal injury and 7. Liberalization Clause advertising injury", but 8. Unintentional Failure To Disclose Hazards Only the following persons or organizations are additional insureds under this 9. Notice of Occurrence endorsement and coverage provided to such additional insureds is limited as provided 10. Broad Knowledge of Occurrence herein: 11. Bodily Injury-Extension of Coverage a. State or Governmental Agency or Subdivision or Political Subdivi- 12. Expected Or Intended Injury sions Reasonable force - bodily injury or property damage. ANIC GL 1187 08 21 Page 1 of 7 Any state or governmental agency or (2) Structural alterations, new con- subdivision or political subdivision struction or demolition operations that has issued a permit in performed by or on behalf of connection with operations performed such additional insured. by you or on your behalf and that you are required by any ordinance, law or d. Mortgagee,Assignee or Receiver building code to include as an additional insured on this coverage A mortgagee, assignee or receiver part is an additional insured, but only but only with respect to their liability with respect to liability for "bodily as mortgagee, assignee, or receiver injury", "property damage", "personal and arising out of the ownership, and advertising injury" arising out of maintenance, or use of a premises by such operations. you. The insurance provided to such state This insurance does not apply to or political subdivision does not apply structural alterations, new construc- to any "bodily injury", "property tion or demolition operations damage" or"personal and advertising performed by or for such additional injury" arising out of operations insured. performed for that state or political subdivision. e. Owners or Other Interests From Whom Land Has Been Leased b. Controlling Interest An owner or other interest from whom Any persons or organizations with a land has been leased by you but only controlling interest in you but only with respect to liability arising out of with respect to their liability arising the ownership, maintenance or use of out of: that specific part of the land leased to you and subject to the following (1) Their financial control of you, or additional exclusions: (2) Premises they own, maintain or This insurance does not apply to: control while you lease or occupy these premises. (1) Any "occurrence" which takes place after you cease to lease This insurance does not apply to that land; or structural alterations, new construc- tion and demolition operations (2) Structural alterations, new con- performed by or for such additional struction or demolition operations insured. performed by or on behalf of such additional insured. c. Managers or Lessors of Premises f. Co-owner of Insured Premises A manager or lessor of premises but only with respect to liability arising out A co-owner of a premises co-owned of the ownership, maintenance or use by you and covered under this of that specific part of the premises insurance but only with respect to the leased to you and subject to the co-owners liability as co-owner of following additional exclusions: such premises. This insurance does not apply to: (1) Any `occurrence" which takes place after you cease to be a tenant in that premises; or ANIC GL 1187 08 21 Page 2 of 7 g. Lessor of Equipment Such person(s) or organization(s) is an additional insured only with Any person or organization from respect to liability for "bodily injury", whom you lease equipment. Such "property damage" or "personal and person or organization is an advertising injury" caused, in whole or additional insured only with respect to in part, by: their liability for "bodily injury", "property damage" or "personal and a. Your acts or omissions; or Advertising injury" caused, in whole or in part, by your maintenance, oper- b. The acts or omissions of ation or use of equipment leased to those acting on your behalf; you by such person or organization. or A person's or organization's status as an additional insured under this c. "Your Work" performed for endorsement ends when their written the additional insured contract or written agreement with described in Paragraph 1. or you for such leased equipment ends. 2. above and included in the "products-completed With respect to the insurance operations hazard." afforded these additional insureds, the following additional exclusions In the performance of your ongoing apply: operations or completed operations for the additional insured described in This insurance does not apply: Paragraph 1. or 2.above. (1) To any "occurrence" which takes However, the insurance afforded to place after the equipment lease such additional insured described expires; or above: (2) To "bodily injury", "property a. Only applies to the extent damage", or "personal and permitted by law; and advertising injury" arising out of the sole negligence of such b. Will not be broader than that additional insured. which you are required by the contract or agreement to h. Owners, Lessees or Contractors — provide for such additional Ongoing Operations and insured. Completed Operations 3. With respect to the insurance 1. Any person or organization for afforded to these additional whom you are performing insureds, the following additional operations or have performed exclusions apply: operations when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or 1. "Bodily injury", "property organization be added as an damage" or "personal and additional insured on your policy; advertising injury" arising out and of the rendering of, or the failure to render, any 2. Any other person or organization professional architectural, you are required to add as an engineering or surveying additional insured under the services, including: contract or agreement described in Paragraph 1. above. ANIC GL 1187 08 21 Page 3 of 7 a. The preparing, Section III - Limits of Insurance, the following is approving, or failing to added: prepare or approve, maps, shop drawings, With respect to the insurance afforded to the opinions, reports, additional insureds described in Paragraphs a. surveys, field orders, through h. above, the most we will pay on behalf change orders or of such additional insured is the amount of drawings and specifica- insurance: tions; or (1) Required by the contract or b. Supervisory, inspection, agreement; or architectural or engineering activities. (2) Available under the applicable Limits of Insurance shown in the This exclusion applies even if Declarations; the claims against any insured allege negligence or whichever is less. other wrongdoing in the supervision, hiring, employ- This provision shall not increase the applicable ment, training or monitoring Limits of Insurance shown in the Declaration. of others by that insured, if the `occurrence" which 2. Damage To Premises Rented to You caused the "bodily injury" or "property damage", or the SECTION III — LIMITS OF INSURANCE, offense which caused the Paragraph 6. is replaced by the following: "personal and advertising injury", involved the rendering 6. Subject to Paragraph 5. above, the of, or the failure to render, Damage to Premises Rented to You Limit any professional is the most we will pay under Coverage A architectural, engineering or for damages because of "property surveying services. damage" to any one premises, while rented to you, or in the case of damage Primary And Noncontributory Insurance by fire, while rented to you or temporarily occupied by you with permission of the The following is added to the Other Insurance owner. Condition and supersedes any provision to the contrary: If a limit is shown for Damage to Premises Rented to You the most we will pay under This insurance is primary to and will not seek Coverage A for damages because or "property contribution from any other insurance available to damage" to any one premises is the Limit shown an additional insured under your policy provided in the Declarations or $500,000, whichever is that: greater. (1) The additional insured is a 3. MEDICAL PAYMENTS Named Insured under such other insurance; and A. Section III—Limits of Insurance, Paragraph 7. is replaced by the following: (2) You have agreed in writing in a contract or agreement that this 7. Subject to Paragraph 5. above the insurance would be primary and Medical Expense Limit is the most we will would not seek contribution from pay under Coverage C for all medical any other insurance available to expenses because of "bodily injury" the additional insured. sustained by any one person. ANIC GL 1187 08 21 Page 4 of 7 If a limit is shown for Medical Expense in 5. SUPPLEMENTARY PAYMENTS the Declarations the most we will pay under Coverage C for all medical A. Under Section I -Supplementary Payments expenses because of "bodily injury" - Coverage A and B, Paragraph 1.b., the sustained by any one person is the Limit limit of$250 shown for the cost of bail bonds shown in the Declarations or $15,000, is replaced by$10,000; whichever is greater. B. In Paragraph 1.d., the limit of$250 shown for B. This provision 5. (Medical Payments) does daily loss of earnings is replaced by$500. not apply if Section I - Coverage C Medical Payments is excluded either by the 6. NEWLY FORMED OR ACQUIRED provisions of the Coverage Part or by ORGANIZATIONS endorsement. Paragraph 3.a. of Section II -Who Is An Insured C. Paragraph 1.a.(3)(b) of Section I -Coverage is deleted and replaced by the following: C - Medical Payments, is replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next (b) The expenses are incurred anniversary of this policy's effective date after you and reported to us within acquire or form the organization, whichever is three years of the date of the earlier. accident; and 7. LIBERALIZATION CLAUSE 4. NON-OWNED WATERCRAFT If we adopt a change in our forms or rules which A. If endorsement CG 21 09, CG 21 10, CG 24 would broaden coverage for contractors under 50, or CG 24 51 is attached to the policy, this endorsement without an additional premium Paragraph A. 2. g. (2) (b) is replaced by the charge, your policy will automatically provide the following: additional coverages as of the date the revision is effective in your state. (b) A watercraft that you do not own that is: 8. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS (i) Less than 50 feet long: and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — (ii) Not being used to carry Representations is replaced by the following: persons or property for a charge. 6. Representations B. If Paragraph A. does not apply, Paragraph g. By accepting this policy, you agree: (2) of 2. EXCLUSION under SECTION I — COVERAGES, COVERAGE A — BODILY a. The statements in the Declarations are INJURY AND PROPERTY DAMAGE accurate and complete; LIABILITY is replaced by the following: b. Those statements are based upon (2) A watercraft that you do not own representations you made to us; and that is: c. We have issued this policy in reliance (a) Less than 50 feet long; and upon your representations. (b) Not being used to carry persons or property for a charge. ANIC GL 1187 08 21 Page 5 of 7 The unintentional omission of, or (4) A manager, if you are a limited unintentional error in, any information you liability company. provided to us which we relied upon in issuing this policy will not prejudice your 11. EXPANDED BODILY INJURY rights under this insurance. However, this provision does not affect our right to collect Section V - Definitions, the definition of "bodily additional premium or to exercise our rights of injury" is changed to read: cancellation or nonrenewal in accordance with applicable laws and regulations. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, 9. NOTICE OF OCCURRENCE humiliation, shock, mental anguish or mental injury by that person at any time which results as The following is added to Paragraph 2.of Section a consequence of the bodily injury, sickness or IV - Commercial General Liability Conditions - disease. Duties In The Event of Occurrence, Offense, Claim or Suit: 12. EXPECTED OR INTENDED INJURY Your rights under this Coverage Part will not be Exclusion a. of Section I - Coverage A - Bodily prejudiced if you fail to give us notice of an Injury and Property Damage Liability is "occurrence", offense, claim or "suit" and that replaced by the following: failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not a. "Bodily injury" or "property damage" covered under this Coverage Part. However, you expected or intended from the shall give written notice of this "occurrence", standpoint of the insured. This offense, claim or "suit" to us as soon as you are exclusion does not apply to "bodily aware that this insurance may apply to such injury" or "property damage" resulting "occurrence", offense, claim or"suit." from the use of reasonable force to protect persons or property. 10. BROAD KNOWLEDGE OF OCCURRENCE 13. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 2.of Section IV - Commercial General Liability Conditions - The Transfer Of Rights Of Recovery Against Duties in The Event of Occurrence, Offense, Others To Us Condition (Section IV - Claim or Suit: Commercial General Liability Conditions) is amended by the addition of the following: You must give us or our authorized representative notice of an "occurrence", offense, claim, or"suit" We waive any right of recovery against any only when the "occurrence", offense, claim or person or organization, because of any payment "suit' is known to: we make under this Coverage Part, to whom the insured has waived its right of recovery in a (1) You, if you are an individual; written contract or agreement. Such waiver by us applies only to the extent that the insured has (2) A partner, if you are a waived its right of recovery against such person partnership; or organization prior to loss. (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or ANIC GL 1187 08 21 Page 6 of 7 14. IN REM ACTIONS For the purpose of this coverage only, Section I— Coverage A — Bodily Injury and Property Any action in rem against any vessel owned, Damage Liability 2. Exclusions J. (4.) is operated by or for, or chartered by or for you will deleted. be treated in the same manner as though the action were in personam against you. As respects coverage afforded under Voluntary Property Damage, the following is added to 15. VOLUNTARY PROPERTY DAMAGE Section III—Limits of Insurance: The following is added, Section I—Coverage A— Regardless of the number of insureds, claims or Bodily Injury and Property Damage Liability 1., "suits" brought, or persons or organizations Insuring Agreement: making claims or bringing "suits": We will pay, at your request, for "property 1. Subject to 2. Below, the most we will pay for damage" to property of others while in the care, "property damage" arising from any one custody or control of an insured, arising out of "occurrence" arising out of "property damage your business operations away from your to property of others caused by you and while insured premises for which this policy is written in your care, custody or control is$5,000. and occurring during the policy period. 2. The most we will pay for the sum of all However, the "property damage" must be the "property damage" in an annual policy period result of unintentional damage or destruction but is $10,000. This amount is part of and not in does not include disappearance, theft, or loss of addition to the General Aggregate Limit use. described in Paragraph 2. of Section III — Limits of Insurance. You agree with us that we shall have no duty to defend any claims and/or "suits" for which the only coverage provided is under this coverage extension. Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 08 21 Page 7 of 7 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, on your opinions, reports, surveys, field orders, 2. The acts or omissions of those acting change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against any insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence" which caused required by the contract or agreement to the "bodily injury" or "property damage", or the provide for such additional insured. offense which caused the "personal and advertising injury", involved the rendering of or A person's or organization's status as an the failure to render any professional additional insured under this endorsement ends architectural, engineering or surveying when your operations for that additional insured services. are completed. CG 20 33 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III—Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or 2. Available under the applicable limits of b. That portion of"your work" out of which the insurance; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable limits of insurance. operations for a principal as a part of the same project. Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 33 12 19 ilir Alaska National INSURANCE COMPANY DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects. 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 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Limit shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit. expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Page 1 of 2 ilir Alaska National INSURANCE COMPANY B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or"property damage" included in the under Section I — Coverage C, which cannot be "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable; and specifications or timetables, the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III — Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 2 of 2 Alaska National INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V— or the"loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2.a. (2)—Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II — COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A.1. Who Is An Insured is "accident"we cover. We do not have amended to include: to furnish these bonds. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto" hired or rented under a COVERAGE, Paragraph A.2.a. (4)—Supplementary contract or agreement in an "employee's" Payments is replaced by the following: name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business. the "insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work. have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 10 13 Page 1 of 4 Alaska National INSURANCE COMPANY C. "Loss" caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c. —Voluntary Property Damage is added as follows: However, you have the option of having glass breakage caused by a covered "auto's" c. Voluntary Property Damage collision or overturn considered a "loss" under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to$25,000. We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured" under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A.2. —Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered "auto" transportation expense incurred by you that is a: because of the total theft of a covered "auto"that is a: a. Private passenger; (1) Private passenger; b. Truck; (2) Truck; c. Pick-up truck; (3) Pick-up truck; d. Panel ; or (4) Panel; or e. Van (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight is disabled. However, the type vehicle under 20,000 lbs. of Gross labor must be performed at place of Vehicle Weight. We will pay only for disablement. those covered "autos"for which you carry SECTION III — PHYSICAL DAMAGE COVERAGE, either Comprehensive or Specified Causes of Loss Coverage. We will pay Paragraph A.3. — Glass Breakage — Hitting a Bird or Animal — Falling Objects or Missiles is replaced for temporary transportation expensesg bythe following: incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, Glass Breakage—Hitting a Bird or Animal when the covered "auto" is returned to —Falling Objects or Missiles use or we pay for its"loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 10 13 Page 2 of 4 Alaska National INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A.4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the"auto"withdrawn from service; or b. Loss of Use Expenses—Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service. the covered "auto" has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered "auto"that is a: expenses for loss of use is$200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph A.4.c. —Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight. Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto". No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the"auto"withdrawn from service; ANIC CA 1150 10 13 Page 3 of 4 Alaska National INSURANCE COMPANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B.5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered"autos"you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered"auto". rent, or borrow; and (b) 30 days. (2) Any covered "auto— hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any "auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered "auto". "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C. — SECTION IV — BUSINESS AUTO CONDITIONS — "Bodily injury" is replaced by the following: Paragraph B.2. — Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure C. "Bodily injury" means bodily injury, sickness or to Disclose Hazards at the end of Paragraph B.2. as disease sustained by a person including death or follows: mental anguish resulting from any of these. Mental anguish means any type of mental or Unintentional Failure to Disclose Hazards emotional illness or disease If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ©Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4 Mr Alaska National INSURANCE COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from a written contract that requires you to obtain this anyone liable for an injury covered by this policy. We agreement from us.) will not enforce our right against the person or organization named in the Schedule. (This agreement This agreement shall not operate directly or indirectly applies only to the extent that you perform work under to benefit any one not named in the Schedule. SCHEDULE Any person or organization for whom the Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 6 Countersigned By WC 00 03 13 (04 84) Yas iigmn SM1h UgSmem d Labor&Industriesn(https://Ini.wa.goov/) Contractors SENSKE LAWN &TREE CARE INC Owner or tradesperson 400 N Quay St .............................................. Principals KENNEWICK,WA 99336 SENSKE,CHRISTOPHER,PRESIDENT 509-374-5003 BENTON County WAREHIME,DANIEL P,VICE PRESIDENT HURST,NATHAN RICHARD,CHIEF EXECUTIVE OFFICER TAYLOR,CASEY,CHIEF EXECUTIVE OFFICER SENSKE,CATHERINE A,AGENT Doing business as SENSKE LAWN&TREE CARE INC WA UBI No. Business type 600 124 706 Corporation Governing persons CHRISTOPHER SENSKE CATHERINE A SENSKE; DANIEL WAREHIME; 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. SENSKLT117PT Effective—expiration 10/30/1989—02/13/2025 Bond ................ American States Insurance Co $12,000.00 Bond account no. 67S000589 Received by L&I Effective date 05/07/2012 04/20/2012 Expiration date Until Canceled Insurance ............................ Alaska National Insurance Co $1,000,000.00 Policy no. 23APS12454 Received by L&I Effective date 01/27/2023 01/28/2023 Expiration date 01/28/2024 Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings .......... No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts 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 certifications 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. 156,937-00 Doing business as SENSKE LAWN&TREE CARE LLC Estimated workers reported Quarter 3 of Year 2023"Greater than 100 Workers" L&I account contact TO/RAJ LUKE(360)902-5535-Email:LUKE235@lni.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 No debarments 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 12/06/2023 Violations Inspection no. 317976775 Location 1924 South Post Street Spokane,WA 99223 Inspection results date 09/07/2022 No violations Inspection no. 317969988 Location 410 N Quay St Kennewick,WA 99336 Inspection results date 11/05/2020 Violations Inspection no. 317960797 Location 1101 S 28th Ave Yakima,WA 98902 0-0"sit, (I r 011�i1 lam. 4.00.Val ley' 13OND NO: 7901161915 CONTRA(TRA( TOR'S PLRFORi11.�AN( h:BOND to City of Spokane Valley,Washington l he City ol'Spokane Valley,Spokane County, Washington, has awarded to Senske Lawn & Tree Care, Inc. (Contractor). as Principal, a contract for the construction of the project designated as Landscape Maintenance Agreement Linear Parks and Roadways, Project No. 23-242.00 in Spokane Valley. \kashington, and said Principal is required tinder the terms of the Contract to furnish a performance bond in accordance with chapter 39.0X Revised Code ol'Washington (RC'W). li'te Principal. and Nationwide Mutual Insurance Company (Surety), :t corporation. organized under the laws of Ohio artd licensed to do business in the Mate of Washington its surety an(t named in the current list of-Surety('ompanies Acceptable in Federal Ponds-:is published in the federal Regi;tei by the AuditStalf ttureau of.Accounts, U.S.Treasury Dept.,arc jointly and severally held and firmly bound to the('ity of Spokane Valley,as Obligee, in the stun ofSS1,574,389.65 total Contract amount(including Washington State sales tax).subject to the provisions herein. Phis perfinrnrance bond shall become null and vaid, if and when the Principal_ its heirs. executors. administrators. successors,or assigns shall well and faithfully perlbrm 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 inay hereafter be made. at the time and in the manner therein specified; shall warranty the work as provided in the(.onlraci and shall indemnify anti 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 lilt value received agrees that no change, extension of time. alteration or addition to the terns of the Contract. the specifications accompanying the Contract,or to the work to be performed under the Contract shall in tiny wa) affect its obligation on this bond, and waives notice of any change, extension of time. alteration or addition to the terms of the( ontra(t or the w ork performed. fhc Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the rota! amount to be paid the Principal shall automatically increase the obligation ol'the Surety on this bond and notice to Surety is not required fc)r such increased obligation. Ibis bond may he executed in two original countemarts,and shall be signed by the parties'duly authorized officers..rhis bond will only he accepted if it is accompanied by a fully executed and original power of attorney fur the officer executing on behalf of the surety. Snnskn I-awn & Tree rare, Inc Nationwide Mutual Insurance Company, PRIIN(_'IPAl.((('ON TFRRAC 10R) S1. RE:TY 1, 1/19/2024 �� .�4 YD 1119/2024 . Prin ipal enattire I)ate Surety .'ittnaiure Dale .24.lD/ `+ku( f Alyssa J Lopez Printed '.41iitie Printed Nate: yQ- Attorney-in-Fact -------- ---------ride Fit Fit lc Name.addess,and telephone of local office/agent ofSurety Company is: Propel Insurance 601 Union Street, Suite 3400, Seattle, WA 98101 (206)_676-4200 (II11N Spokane .000 Val ley BOND NO: 7901161915 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington Fhe City of Spokane Valley, Spokane County. Washington, has awarded to Senske Lawn SI Tree Care, Inc. (Contractor). as Principal, a contract for the construction of the project designated as Landscape Maintenance Agreement— Linear Parks and Roadways, Project No. 23-242.00 in Spokane Valley. Akashinetoat. and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Rev=iced Code of Vs ashinitl)n (RCW). The Principal, and Nationwide Mutual Insurance Company (Surety), a corporation ore�anized under the laws of Ohio and licensed to do business in the State oi'Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., arc jointly and severally held and lirnah hound to the ('ity of Spokane Valley. as Obligee. in the sum of S1.574.389.65 total Contract amount (including Washington State sales tax), subject Io the provisions herein. this payment bond shall become null and void. if and when tote Principal, its heirs, executors, administrators, success4'trN,or assigns shall pay all persons in accordance with chapters 39.0N and 39.12 R('11. all workers, laborers. mechanics. subcontractors,and materialmen,and all persons Who shall supply such contractor or subcontractor with provisions and supplies Ibr the carrying on of such work: and shall indemnify ❑nd hold harmless the Obligee: from all loss. cost or damage s liich Obligee may sutler by reason of the htilllre of Principal to make such required payaments:and if such pav!nent 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 allcct its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms oldie(''ontract orthe work perlotrned. t'he Surety agrees that modifications and changes to the terms and conditions ,>l'th:Contract that increase the totaal amount to he paid the Principal shall ;tut,_,n)atic:ilk increase the„hltatinn oldie tinr,.'t' on this bond and notice to Surety is not required for such increased obligation. I hts bond naay he executed in two urla,lnal rvnnttrpftrts,and shall he signed by the parties'dilly midi,lri zecl officers. Nils 1)0ltl1 will only he accepted if it is accompanied by a full_'executed and original potterolattonacy for the officer er executing tin behalf of the surety. Senske Lawn&Tree Care. Inc. Nationwide Mutual Insurance Company PRINCIPAL(CON FRAC 'OR) SURF l-Y 1/19/2024 r 1N_s�� 1/19/2024 Prtncipa ignaturc Date Surety s innature Date Alyssa J Lopez Printed !�i:�hne Printed Name 14)' n� � Attorney-in-Fact l i tic _ _._-..._. tide Name address,;and telephone of local officc%aecni of Surety C.aivapany is: Propel Insurance 601 Union Street, Suite 3400, Seattle, WA 98101 - (206) 676-4200 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: • Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: ALEXA MANLEY;ALICEON A KELTNER;ALYSSA J LOPEZ;AMBER LYNN REESE;AMELIA G BURRILL;ANNE..LIES M RICHIF;C'ARLEY ESPIRITU; CHRISTOPHER KINYON;CYNTHIA L JAY;DONALD PERCELL SHANKLIN.JR;FRANK W HAFNER,Ill:HOLLI ALBERS:JAMES R COGDILL; JAMIF L MARQUES;.if.L.IE R TRf.II'T;.IL.:S IN DEAN PRICE;KARI MICHELLE MOTLEY:KATHARINE,I SNIDER:LINI)SFY ELAINE.JORCGENSEN; LOIS F WEATHERS:LORI J KELLY;MARIAN C NEWMAN;MICHAEL S MANSFIELD::SARAH WHI'I'AKER:SHERRI W HILL; T'AMARA A RINGEISEN;TFRRIE I.CONARD;W I)MORRIS JR;WESLEY V DASHER,JR; each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided.however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments.contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided.however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021. 440 Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT .► nati ,y,, STATE OF NEW YORK COUNTY OF NEW YORK:ss Art On this 20th day of August,2021,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the preceding 0* SEAL ;, instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed ,roiUNeus*Ir hereto is the corporate seal of said Company.and the said corporate seal and his signature were W_. duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Notary Public,State offf NewNew York S�.EL,b1,(„✓e 71 No.02MCE270117 Qualified in New York County Norm M, Commission Expires October 19 2024 My Commission Expires Oc robe,19 2024 CERTIFICATE 1,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full.true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the bane has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed rr,y name as Assistant Secretary,and affixed the corporate seal of said Company this 19tlr day of January 2(724 Assistant Secretary BDJ 1(08-21)00