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HomeMy WebLinkAbout24-095.02 Senske Lawn and Tree Care - Janitorial Event Services Parks & TrailsCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND SENSKE LAWN AND TREE CARE Spokane Valley Contract # 24-095.02 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and SENSKE LAWN and TREE CARE mutually agree as follows: 1. Purpose: This Amendment is for the Contract for Janitorial and Event Services by and between the Parties, executed by the Parties on May 06, 2024, and which terminates on December 31, 2026. Said contract is referred to as the "Original Contract' and its terms are hereby incorporated by reference. 2.Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are as follows, and attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. The compensation in the Original Contract shall be increased by $S 448.05 for the 3% CPI-U increase per the terms of the agreement. Additionally, the compensation shall be increased by $18 300 due to new restroom facilities requiring maintenance as a result of the Flora Park development (see Appendix "A") Total compensation for 2026 shall be: $308,349.83 before tax as applicable. 4. Compensation Amendment History: This is Amendment #2 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount 05/06/2024 $275,001.74 Amendment #1 2025 Compensation 01/07/2025 $281,601.78 Amendment #2 2026 Compensation to be executed $308 349.83 Total Amended Compensation $864,953.35 The parties have executed this Amendment to the Original Contract this 3/ S> day of December 202!� CITY OF SPOKANE VALLEY: CONTRACTOR: Jo Hohman )3y`. Andrew Spea City Manager ' Its: Spokane Regional Manager Exhibit D Sp0090 okane ,..;o►sValley BOND NO: 2355350 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Senske Lawn and Tree Care, Inc (Contractor), as Principal, a contract for the construction of the project designated as -JANITORIAL AND EVENT SERVICES AGREEMENT Parks and Trails, Project No. 24-095 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and Swiss Re Corporate Solutions America Insurance Corporation (Surety), a corporation, organized under the laws of WA and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 975,008.13 total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shalt well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the wort: performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) Sens L d Tree Care, Inc ci ignature Date r�n! - S W.t-s Printed Nam Rfc1(n C A M W O O ei__ Title SURE i' S iss Solutions America Insurance Corporation 6/3/2024 Sure nature _-Date William T. Krumm Printed Name SEAL Attorney-in-Fact1923 Title Name, address, and telephone of local officelagent of Surety Company is: Arthur J. Gallagher Risk Management Services LLC 2850 Golf R94 Rolling Meadows, 1L 60008 630-773-3800 Updated February 9, 2023 S" "kane ,,,;w0'Valley. BOND NO: 2355350 CONTRACTOR'S PAYMENT BOND (NON -FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Scmke Lawn and Tree Care, Inc (Contractor), as Principal, a contract for the construction of the project designated as JANITORIAL AND EVENT SERVICES AGREEMENT Parks and Trails, Project No. 24-095 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and Swiss Re Corporate Solutions America Insurance Corporation (Surety), a corporation organized under the laws WA and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasuryry Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of S 975,008.13 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such wort; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments, and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid die Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of die surety. PRTNCIP L (CO ACTOR] UR TY Sen k r Care, Inc / wi CtiraAtStions America Insurance Corporation 312024 Pri a Signature Date Suwsw, D- ip PQR�T �Y�i � / William T. Krumm Printed Name Printed Name ; E AL sglf\ � �—k �—Y\ "- q Attorney -in -Fact Title Title Name, address, and telephone of local office/agent of Surety Company is: Arthur J. Gallagher Risk Management Services LLC 2850 Golf Road, Rolling Meadows, IL b0008 630-773-3800 Updated February 9, 2023 State of County of Illinois Cook } SS: On this 3rd day of June in the year two thousand twenty four before me, Christina Laurendi, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared William T. Krumm, known to me to be the duly authorized Attorney -in -fact of Swiss Re Corporate Solutions America Insurance Corporation and the same person whose name is subscribed to the within instrument as the Attorney -in -fact of said Company, and the said William T. Krumm, duly acknowledged to me that he subscribed the name of Swiss Re Corporate Solutions America Insurance Corporation and thereto as Surety and his own name as Attomey-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. 5/17/2028 Notary Public in and for Christina Laurendi County, State of Dupage, Illinois OFFICIAL SEAL CHRISTINA M. LAURENDI Notary Public, State of Illinois Commission No. 990949 My Commission Expires E46May 17, 2028 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute, and appoint: William T. Krumm Principal: Senske Lawn and Tree Care, Inc Obligee: The City of Spokane Valleyy Bond DesMptfon_ JANITORIALANI� EVENT SERVICES AGREEMENT Parks and Trails Bond Number: 2355350 Bond Amount: See Bond Form Its true and lawful Attomcy(s)-in-Pact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION (SSO,W,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 9'h of May 2012: -RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporution when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ,i.�,"QTf$ ply Ili V ... O.... .. l `d°:4voe_ (;t�`. �4"v p.o. Mom, S`_ Akyf40 'tl�,•.�G ;�..GpP R^TFr rr;lJansteni,.'it+�r%Kr Prni.rrni ar5RC5.UCfi Srn:ar Mite PrnWrnt orSRCti�IC SEAL:; SEAL.o, r). 1973 ,1�;'.�SSO�••_'.(b�F� yJ,{�,�•.,SSOV. a�l GeraldJa;raasAl,4ireFrnldrmor�R(5.11C&Fire Frrsldea�er$HCSPIC IN WITNESS WHEREOF. SRCSAIC and SRCSPIC have caused their official seals to be hereunto affixed, and these presems to be signed by their authorized officers this 10TH day of NOVEMBER .20 22 S►viss Re Corporate Solutions America Insurance Corporation State of Illinois S—AK% Re Cot•pomle Solutions Premier Insurance Corporation County of Cook P. On this 10TH day of NOVEMBER , 20 22 before me, a Notary Public personally appeared Erik jannssmn , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Gerald 7a oFl vi*i , Vice President of SRCSAIC and Vice President of SRCSPIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as off oers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL_ CHRISTINA 1r11U tI SCt7 NOTARY MICI!t~ sr M of RISIM CWVnk m Ex*" Mardi 2E.2M ucn. �LlAual..0 I, Jeff= Goldbere. the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said SRCSAIC and SRCSPIC, which is still in full farce and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seats of the Companies this 3rd day of June 2024 - Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC wazNngtrn Snh Deperenent of Labor & Industriese(https://Ini.wa.g2.v/) 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. 67SO00589 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 o 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 .deba.rm.e...nsh.a....v...e................................ 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 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDmYY) 1 11`.� 5/1 /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CertR equests@ajg.com Arthur J. Gallagher Risk Management Services, LLC PHONE 12750 Merit Drive, Suite 1000 972-991-3700 ac No): 972-991-4061 E-MAIL ADDRESS: Dallas TX 75251 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Homeland Insurance Company of New York 34452 INSURED SENLAVN-01 INSURER B: ACE American Insurance Company 22667 Senske Lawn and Tree Care, LLC 400 North Quay Street INSURER C : OBE Specialty Insurance Company 11515 INSURER D : XL Specialty Insurance Company 37885 Kennewick„ WA 99336 INSURER E: Steadfast Insurance Company 26387 INSURER F : COVERAGES CERTIFICATE NUMBER:549011015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS B X COMMERCIALGENERALLIABILITY HDOG48927191 4/30/2025 4/30/2026 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENE RAL AGGREGATE $5,000,000 X POLICY PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY ISAH11349262 4/30/2025 4/30/2026 COMBINED SINGLE LIMIT Ea accident $2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED IX NON -OWNED AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAB X OCCUR 140002601 4/30/2025 4/30/2026 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N SCFC72604532 WLRC72604490 4/30/2025 4/30/2025 4/30/2026 4/30/2026 H X STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFF ICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Pollution and Professional 7930117170003 4/30/2025 4/30/2026 Limit/Deductible $1,000,000/$25,000 D E Leased/Rented Equipment Excess Auto UM00217818MA25A SXS255063100 4/30/2025 4/30/2025 4/30/2026 4/30/2026 Limit Occ/A99 $220,000 $3M/$3M DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 10 day notice of cancellation for non-payment; 30 day notice of cancellation for any other reason Excess liability follows form See Attached... CERTIFICATE HOLDER CANCELLATION City of Spokane Valley 10210 E Sprague Ave Spokane Valley WA 99206-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHHORIZE�D REPRESENTATIVE 0V ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: SENLAWN-01 LOC #: A ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher Risk Management Services, LLC NAMED INSURED Senske Lawn and Tree Care, LLC 400 North Quay Street Kennewick„ WA 99336 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE (Certificate Holder is an Additional Insured as respects to the General and Excess Liability policies, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. RE: Operations performed by the Named Insured. City of Spokane Valley shall be included as Additional Insured per the attached endorsements. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD