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Home My WebLink About26-073.00 A.M. Landshaper, Inc. - Landscape Maintenance of Special Use ParksLANDSCAPE MAINTENANCE AGREEMENT 26- p Special Use Parks A.M. Landshaper, 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 A.M. Landshaper, 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 Special Use Parks (hereinafter "Work") in accordance with the Contract Documents. The Contract Documents include the Base Bid Worksheet, Special Provisions, Insurance Certificates, and the Performance and Payment Bonds which are by this reference incorporated herein and made part hereof (the "Contract Documents") and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the compensation set forth [in the Contractor's bid proposal attached hereto], 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 on the date of contract execution and shall remain in effect through December 31, 2026.with up to four additional one-year renewal options which may be exercised by the City Manager or designee. Renewals, if any, shall coincide with the calendar year and may require City Council approval. Either Party may terminate this Agreement for any reason with a minimum of 180 days' written notice at any time during a contract term. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. In the event of a material breach by either Party, the non -breaching Party may terminate this Agreement if the breaching Party fails to cure the breach within thirty (30) days after written notice of the material breach. These termination provisions do not apply to situations whereby the City chooses not to renew the agreement, as described in Section 1.9 of the Special Provisions. 3. Liquidated Damages. See section 4, Compensation, and section 5, Payment for details regarding incomplete or unsatisfactory Work. Special Use Parks Landscape Maintenance Agreement 2026 Page 1 of 10 26- 0_:� 4. Compensation. Contract shall be compensated as follows: The City shall pay the Contractor up to $262,310.00 annually, plus applicable sales tax, at the then current rate, as full compensation for all Work as identified in the Contract Documents. Compensation may be adjusted pursuant to the Special Provisions for subsequent contract years or renewals. If Contractor does not provide services hereunder for a full calendar year, then the payment due under this subparagraph shall be prorated. 5. Payment. Contractor shall be paid in 8 monthly installments each month equal to 1/8 of the amount of compensation owed pursuant to section 4(a) above, less amounts identified in sections 5(a) and 5(b) below, plus applicable sales tax. The Contractor shall 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: Name: Marci Patterson, City Clerk Phone: (509) 921-1000 Address: 10210 East Sprague Ave Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: Mark Albin Phone: 509-468-4335 Address: 8004 N. Market St. Spokane, WA 99217 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes and regulations. 8. Certification Regarding Debarment, Suspension. and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense Special Use Parks Landscape Maintenance Agreement 2026 Page 2 of 10 26- M 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:Hlni.wa.gov/licensing-permits/public-works-projects/prevailing-wa e-rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 10210 East Sprague, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood, agreed, and declared that Contractor shall be an independent contractor, and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. As such, the Contractor shall be solely responsible for the safety of all Contractor employees and shall comply with all appropriate state safety and health standards, codes, rules, and regulations, Special Use Parks Landscape Maintenance Agreement 2026 Page 3 of 10 26- 0� 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 contract 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 for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees. A. Minimum Scone of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute Special Use Parks Landscape Maintenance Agreement 2026 Page 4 of 10 26- 07 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. Acce to ability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. G. Maintaining Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Special Use Parks Landscape Maintenance Agreement 2026 Page 5 of 10 26- D 3 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 Backeround 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. Assiar ment and Deleeation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 21. Confidentiality. Contractor may, from time to time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of Special Use Parks Landscape Maintenance Agreement 2026 Page 6 of 10 26- 0-13 City or upon order of a Court of competent jurisdiction. 22. Disputes and Attorney Fees. 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 supercedes 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 Reeistration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each Special Use Parks Landscape Maintenance Agreement 2026 Page 7 of 10 26- 6 7 ;3 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); 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; Special Use Parks Landscape Maintenance Agreement 2026 Page 8 of 10 26- al 3 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 as defined in section 1 of this Agreement. The Parties have executed this Agreement this 22nd day of May, 2026. CITY OF SPOKANE VALLEY: Contractor: A.M. Landshaper, Inc. Special Use Parks Landscape Maintenance Agreement 2026 Page 9 of 10 26- -CL1-3 C.A4�41 Ain Hohman, City Manager By: Mark C. Albin, President Its: Authorized Representative APPROVED AS TO FORM: Office oft City Atto ey Special Use Parks Landscape Maintenance Agreement 2026 Page 10 of 10 S TV OF 06 ne ,;ooOValley SPECIAL PROVISIONS FOR SPECIAL USE PARKS LANDSCAPE MAINTENANCE Proposals Due: 5:00 p.m., April 2, 2026 1. GENERAL REQUIREMENTS AND CONTRACT PROVISIONS This Chapter includes contract management provisions and requirements for payment approval. 1.1. WORK SUMMARY The City of Spokane Valley is requesting Bids for landscape maintenance services in one special use park operated by the Parks and Recreation Department. General expectations of these services include: • Reel mowing • String trimming • Native Plant Management • Curb and Pathway edging • Spraying for Pests and Weeds • Spraying Plant Growth Regulator • Shock -Wave implement decompaction • Large area Topdressing with USGA spec. sand from owner accepted distributor • Large area Aerating • Fertilizing • Turf reseeding • Large area Turf sodding • Turf repair • Tree pruning • Raking • Turf Sweeping • Blowing of course pathways and turf • Pressurized 2 wire irrigation maintenance, operation, and repair • On course litter control • On course garbage removal • On Course snow removal Additionally, this contract includes the supply 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 special use parks landscape maintenance contract is to provide exceptional service in the City's special use park that hosts numerous athletic events and large community celebrations each year. The City is seeking a high -quality contractor that provides superior service and is responsive, reliable, City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: and highly adaptable. The successful contractor will take immense pride in the quality of maintenance delivered in the City's Special Use Park for its residents and visitors. 1.3. GENERAL INFORMATION These Special Provisions are for landscaping maintenance services at the newly constructed Cross -Country Course at Flora Park, known as The Course Spokane Valley. The newly constructed irrigated turf cross- country ribbon covers over 14 acres of the 46-acre park. The site can support a wide range of recreational opportunities for thousands of City residents and visitors and host numerous Cross Country races and large community celebrations each year. Portions of the construction have been seeded with non - irrigated native grasses. The special use park property included in the scope of services for this contract are: • THE COURSE Spokane Valley at Flora Park (46 acres: 14 acres irrigated sports turf; approx. 1 acre irrigated frontage) located at 2520 N. Flora Road, Spokane Valley, WA 99216 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 • Firms submitting must have experience in the provision of NCAA or Professional quality Sports Turf Management. • Firms must have sufficient equipment and vehicles to perform the services outlined herein. • Firms must have employees fulfill the necessary roles and who meet the necessary qualifications to carry out the work described in these Special Provisions. • Knowledge of and compliance with federal, state, and local laws and regulations including but not limited to pesticide applications, WSDA Pesticide Public Applicator licenses and requirements. • Firms must have adequate locked, secured storage including inside storage for the equipment and supplies necessary to complete the work herein. • 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. • Successful firms shall be required to obtain a City of Spokane Valley business registration form. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 1.6. CONTRACT ADMINISTRATOR The City Manager's designated Administrator for this contract is the Parks & Recreation Director or his/her designee. The day-to-day field inspection and oversight of the contract will be administered by City Parks & Recreation Department staff 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 Special use Parks 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. 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 1-year term with up to four, 1 year renewal options at the City's discretion. The City shall provide written notice to the Contractor of the City's intention to renew the contract for the subsequent year by November 151h each year. Upon providing such notice, or thereafter, the City shall document such renewal by a renewal letter which documents any anticipated alterations to the Contract Documents and compensation changes negotiated pursuant to Section 1.19 of these Special Provisions. If the City does not provide notice of its intent to renew by November 15th of any given year, then the contract shall terminate on December 31 of that year. 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 City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 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, orto 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 FACI LITI ES Unless stated otherwise and agreed in writing, the Contractor is expected to provide all materials and supplies required to execute Contract obligations. This will include, but not be limited to equipment, support facilities, disposal containers, oil and fuel, etc. 1.13.1 Support Facilities The City will not provide equipment storage, shop facilities, workspace, or office space as part of this contract. The Contractor will be responsible for providing all support facilities at their own location(s). The Contractor shall furnish at its own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.13.2 Equipment Identification All vehicles and equipment used by the Contractor must be clearly identified with the name of the company. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 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 payment, or early dismissal from the Contract. 1.15. DEBRIS DISPOSAL Upon agreement in writing by the City, contractor may utilize an area designated on site for the disposal and composting of grass clippings, leaves, pine needles, pine cones, and another natural debris collected through the completion of the work in this contract. 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 • 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, 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 City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 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. Corrections and/or Clarifications shall become effective as of the date that they are communicated by the Contract Administrator to the Contractor in writing. 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://Ini.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ The contractor shall use rates effective March 2026; 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 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 May 1 of the first Contract year, and March 31 of any subsequent renewal year. Periodic reports —with each invoice Annual report — annually by December 15 City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 1.18.2 Pay Estimate Submittal, Review, & Approval Payments shall be made after review, approval, and authorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of Work and services that have been provided as specified in Section 2.5.2 — Periodic Reporting. Invoices may be submitted monthly for April through December for 9 monthly installments equal to 1/9tn the amount of compensation. 1.19. ADDITIONAL WORK 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. The Contractor and/or the City may request an adjustment of the lump sum fixed fee annually, and no later than November 1st for the following calendar year. Such prices shall be negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U) or 3%, whichever is smaller. The reference point will be the CPI-U for September. The source of this percent change shall be the U.S. Department of Labor, Bureau of Labor Statistics. If the Director or designee increases the scope of this contract, the contractor will be eligible for additional compensation by contract amendment. 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: o 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 the course on Mondays o watering course nightly as determined by ET City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: o mowing frontage on Wednesdays • Irrigated system inspections < zones per week> • Specific schedule for other task work that is not weekly, for example: o Shockwave decompaction <application timeframe, i.e. month, week> o Aeration <application timeframe, i.e. month, week> o Fertilization <application months or timeframe> o Weed Control <application months or timeframe> o Winterization <application timeframe, i.e. month, week> o Plant growth regulator application timing o What types of equipment will be used, where, and when o Any product or material information the contractor intends to use during the year (i.e. fertilizers, herbicides, pesticides, etc.) o Self -inspection plan and reporting o 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. 2.2 CONTRACTOR'S EMPLOYEES 2.1.1 Licenses Contractor and staff who are supplying services under this agreement shall at all times possess and carry driver's license valid within the State of Washington. Contractor staff spraying chemicals of any kind shall have a current Washington State Department of Agriculture Pesticide Applicators License, with a Public Applicator classification and have all other applicable certifications and endorsements required to perform the work within this contract period. 2.1.2 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 damage 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 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. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 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 notifications 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 have inspected the site to verify that the listed deficiencies have been corrected and have approved the corrective work in writing. 2.4.2 Failure to Perform If the Contractor does not remedy the deficiency within the time allotted per 2.4.1, the City may withhold payment pursuant to section 5(b) of the Landscape Maintenance Agreement. 2.5 INSPECTIONS & REPORTING 2.5.1 City Inspections The City will periodically inspect the condition of each area depicted in these Special Provisions. The conditions shall be measured based on these Special Provisions and City staff judgment. 2.5.2 Periodic Reporting The Contractor shall provide self -inspections and/or records of work it performs in each area depicted in these Special Provisions to provide as backup for each period invoiced. 2.5.3 Annual report The Contractor shall submit an annual report by December 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 or performance of facility 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 City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 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. The park use season is January 1— December 31 (year-round). Active growing season shall be generally considered to be March 30 Through October 31. This may vary depending on weather/use. During active growing season, the special use parks may require a maintenance presence up to seven days per week. Mowing, fertilizing, aerating, watering, and similar maintenance operations that impact public use of the park facilities are generally required to be performed Monday -Friday between the hours of 6:OOAM and S:OOPM. The Contractor shall work around public use events and always be courteous and respectful to park visitors. Park facilities are open and available for public use from 6:OOAM — 9:OO13M, April 15th through October 15th and from 6:OOAM to 7:OOPM, October 16th through April 14th. 2.8 SERVICE LEVELS SUBJECT TO CHANGE These statements represent the City's attempt to provide an overview of anticipated services. It should be understood by the bidders and selected Contractor, 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 will occur a minimum of once per week April 30 through September 30, and in October and November, on Thursday or Monday when possible and may be adjusted for events as necessary. Mowing shall be at or between heights of 1 to 3 inches. Turf shall not exceed 3.5 inches between turf mowing, except when required to be a different length for the purposes of events, which will be communicated to the Contractor two weeks prior to the event. 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. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 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 approximately April 1— November 30 of each year. The estimated number of mowing cycles is approximately 28 cycles. Mowing of each area shall ideally be completed on the same day that mowing begins. 3.1.3 Equipment Reel mowing equipment shall be used. Blades must be kept sharp and mower equipment maintained to prevent damage to turf. Mower Reels shall be properly adjusted and operated to prevent scalping of turf. 3.1.4 Trimming, Edging, and Starting line Tree Trimming shall include hard edging on all hard surfaces. Areas around course markers, concrete or metal fixtures shall be trimmed. Contractors shall not mechanically trim around base of trees and damage bark. The Contractor shall chemically treat the radius of mulch at the base of the tree at the starting line and maintain the treated area free of grass, weeds, litter, and debris thereafter. 3.1.5 Grass Clippings Clippings shall be removed or left evenly disbursed on the turf. Turf shall be mowed, bagged, blown, or swept by the contractor to remove heavy accumulations of clippings or other debris. Grass clippings shall be blown from walkways the same day that mowing occurs. In anticipation of events, the City may instruct the Contractor if grass clippings are to be removed during the last mow prior to the event. 3.1.6 Mowing Damage by Contractor The Contractor is responsible for replacement and rehabilitation costs for turf, trees, sprinklers, private and public property, and anything else that may be damaged during mowing, trimming, or edging. Mowing, conditions that leave rutting or damage from frost shall not be permitted. 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. Bare patches shall be reseeded with the identical seed mix used during establishment or owner approved seed mix, and barriers placed for establishment prior to September 15, or re -sodded after September 15 or no less than 1 week of competition. 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 • plastic • rubber • metal • visible clumps of grass clippings City of Spokane Valley • wood • cloth, etc. Debris cleanup includes but is not limited to • weeds • grass from around the base of plants • Pinecones Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: • Pine needles • Rocks • Tree branches • leaves 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. Leaves, pine needles, and pinecones shall be swept, raked, or blown as necessary to collect and remove from all turf areas as needed to provide acceptable mowing conditions and prepare for competitions. Accumulations of pine needles and other debris along fences shall be cleared away. 3.1.8 Measurement & Location Measurement for mowing, trimming, and edging shall be included in Lump Sum for "Standard Maintenance Irrigated Areas" The approximate irrigated turf area for the special use park facilities, including frontage areas, is approximately 15 acres. See map in Appendix A for more details. 3.1.9 Payment Payment for mowing, trimming, and edging shall be included in the lump sum Contract price for "Standard Maintenance Irrigated Areas" 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, sub -irrigation type emitters, and all other existing components needed and necessary to water the irrigated areas effectively and efficiently. The irrigation products used in repairs should match those installed at the time of construction; any alterations shall require the City's approval prior to installation. Further information on the site irrigation such as the number of zones, the irrigation controller, valves, and sprinklers, is included in Appendix D of this document. 3.2.2 Inspection and Testing The contractor is responsible for regular inspection and testing of all sprinkler zones to ensure proper operations and functionality of the irrigated systems. At a minimum, the Contractor shall test and inspect, once every two weeks, the full functionality of the irrigation zones in Flora Park. Maintenance and repair work resulting from these tests and inspections is to be included in periodic reports. Irrigating water on concrete, pavement, and unimproved areas shall be minimized. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 3.2.3 Standard maintenance Standard maintenance is considered operational maintenance on all elements of the system not requiring special equipment, labor, or parts. 3.2.4 Schedule The 2026 irrigation and building activation and all repairs required will be addressed by construction contractors per prior contractual agreement. In subsequent years the Contractor for Special Use Parks may assume activation of the building and irrigation system. The expected irrigation season each year will be from April 30 to October 30 but may extend beyond October 30 due to weather and events schedule as needed. 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. 3.2.5 Measurement Measurement shall be included in Lump Sum for "Standard Maintenance Irrigated Areas." The approximate irrigated area of the designated park facilities is 15 acres. See maps in Appendices A & B for more details. 3.2.6 Payment Payment for standard maintenance shall be included in the lump sum Contract price for "Standard Maintenance Irrigated Areas" and shall be paid for furnishing all tools, labor, equipment, and materials required. During year 1 of the contract "Standard Maintenance Irrigated Areas" shall be included at no cost as a warranty item under the previous construction contract. 3.3 Aeration, Decompaction, and Topdressing 3.3.1 General Requirements Aeration of irrigated turf in the Special Use park facilities shall be performed. Aeration shall be performed by a hollow tine aerifier, or shatter -tine implement with 5/8-inch diameter or larger tine, 5 or more inches deep, and the frequency of cores shall be 6-inches or less apart. Adjustments to depth and spacing can be made at the discretion of the Director or designee. 3.3.2 Aeration Aeration shall take place when the ground is moist but not wet, within one day of irrigation of the turf. Aeration may be performed in combination with other decompaction activities and, after the first year of the contract, shall occur a minimum of once per year in the fall after August 15th but before October 1st. The contractor shall notify the City one week prior to performing the work and may be required to work around event scheduling. There shall be no requirement for the contractor to complete aeration during year 1 of the contract. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 3.3.3 Decompaction Decompaction of the starting chute and Course running surface shall be performed utilizing a shockwave turf decompaction implement. The decompaction shall take place when the ground is moist but not wet. Shockwave implement decompaction of the starting chute and course surface shall be performed twice per year after the first year of the contract, a minimum of once in the Spring after turf is actively growing and again in the fall after August 15th but before October 1st. The contractor shall perform decompaction once during the first year of the contract. The starting chute may require additional treatments and may be eligible for payment at time and materials per Chapter 6 of this document. The contractor shall notify the City one week prior to performing the work. 3.3.4 Topdressing Topdressing of The Course shall be performed utilizing owner specified USGA accepted topdressing material. The material will be incorporated into the top layer of the turf using a drag or other owner accepted methods. Sand topdressing of the cross country course shall occur a minimum of onetime per year with additional occurrences at the request of the owner. Additional requested topdressing events may be eligible for payment through Chapter 6 of this document at the discretion of the Director or designee. The contractor shall notify the City one week prior to performing the work. 3.3.5 Schedule and Notification The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. 3.3.6 Measurement Measurement shall be included in Lump Sum for "Standard Maintenance Irrigated Areas." The approximate irrigated turf area for the cross country course is 991,594 square feet or approximately 14 acres. See map in Appendix A for more details. 3.3.7 Payment Payment shall be included in the lump sum Contract price for "Standard Maintenance Irrigated Areas" 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 will occur to maintain healthy, green, and competition ready running surface. The Contractor shall follow application rates and restrictions. If liquid fertilizer is used, spraying shall not occur during windy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Products should be a mixed formulation of Nitrogen to include water soluble and insoluble sources. Products must be included in the annual work plan for review and may be rejected at the Director or designee's discretion. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 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. Timing and frequency will be determined by product choice, environmental conditions and projected use of the facility, once in the summer, and once in the fall, after September 1st. Applications shall be at optimal times and be outlined in the contractor's annual work plan. The contractor shall notify the City one week prior to performing the work. 3.4.3 Approved Fertilizer N-P-K fertilizer products shall be submitted to the City for approval in the annual work plan. Additional soil amendments may be required based on soil analysis by a lab selected by contractor and approved by owner. Soil Tests utilizing the standard ammonium acetate method shall occur no more than 3 years apart to determine site specific recommendations and soil trends. Additionally, a saturated soil test utilizing site irrigation water will be completed prior to September of the first year of this contract. This will allow any amendments to the soil to be applied for maximum turf hardiness prior to event season. This practice will be evaluated for effectiveness in subsequent years. 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 is only applied to the intended area. Applications are made only by trained employees following recommendations and restrictions given on the individual product labels. 3.4.5 Measurement Measurement shall be included in Lump Sum for "Standard Maintenance Irrigated Areas." The approximate irrigated area of the designated park facilities is 15 acres. See map in Appendix A for more details. 3.4.6 Payment Payment shall be included in the lump sum Contract price for "Standard Maintenance Irrigated Areas" 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 assigned areas included in this Contract weed free. Granular or liquid herbicide is acceptable. Weed control will occur on actively growing turf to maintain a healthy, green, and competition ready running surface. The Contractor shall chemically treat the large starting line tree mulch and maintain the treated area free of grass, weeds, litter, and debris thereafter. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: The Contractor shall follow all application requirements as written on the product label and adhere to all WSDA pesticide program laws and restrictions on applications and timing thereof. If spraying herbicide the applicator will be licensed through the WSDA as "Public Operator" and maintain license throughout the contract year. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Areas treated with Herbicides must follow WSDA notification requirements and have notification posted at the entrance of the park through the re- entry period specified on the product label. 3.5.2 Schedule and Notification Schedule The contractor shall provide the expected work schedule for this item on the Annual Work Plan, see section 2.1.1. Weed Control and Chemical Spraying shall be performed two times per year or as often as necessary to maintain a weed free playing surface, applied uniformly throughout the appropriate season. Specific application timeframes shall be identified in the Annual Work Plan. Care should be taken by the Contractor to schedule treatments during periods when the facility is not being utilized by event organizers, and the odors or byproducts of adjuvants will not cause staining or discomfort to athletes or spectators. Spot treatments may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing the work. Notification 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. A copy of the pesticide application record shall be supplied to the City within 12 hours after the notification takes place. Records of public contract made shall be included in the annual report per Section 2.5.3. The City shall be notified 1 week before any temporary closure of the facility by the contractor for application and reentry period 3.5.3 Approved Chemicals Choice of herbicide shall be included and approved by the City in the annual work plan pursuant to section 2.1 of these Special Provisions. 3.5.4 Measurement Measurement shall be included in Lump Sum for "Standard Maintenance Irrigated Areas." 3.5.5 Payment Payment shall be included in the lump sum Contract price for "Standard Maintenance Irrigated Areas" and shall be paid for furnishing all tools, labor, equipment, and materials required. City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 4 WORK SPECIFICATIONS— STANDARD MAINTENANCE UNIMPROVED AREAS This Chapter describes the Work to be performed in the unimproved portions of the property and on the shoulders of the running surface. 4.1 NOXIOUS WEED CONTROL AND CHEMICAL SPRAYING 4.1.1 General Requirements The contractor shall control noxious weeds as needed. The contractor shall keep all assigned areas included in this Contract weed free. Granular or liquid herbicide is acceptable. The Contractor shall follow all application requirements as written on the product label and adhere to all WSDA pesticide program laws and restrictions on applications and timing thereof. If spraying herbicide the applicator will be licensed through the WSDA as "Public Operator" and maintain license throughout the contract year. Spraying shall not occur during windy, rainy, or other climatic conditions known to reduce the effectiveness or safety of the product being applied. Areas treated with Herbicides must follow WSDA notification requirements and have notification posted at the entrance of the park through the re- entry period specified on the product label. The City shall be notified 1 week before any temporary closure of the facility by the contractor for application and reentry period. 4.1.2 Schedule and Notification The contractor shall provide the expected work schedule and intended herbicides for this item on the Annual Work Plan, see section 2.1.1. Chemical spraying shall occur at least once per year. Additionally noxious weeds will be controlled when notified by the City or as directed by the Spokane County Noxious Weed Control Board. Spot treatments may be necessary to control excessively weedy areas. Additional treatments may be eligible for additional compensation as outlined in section 1.19. Care should be taken by the Contractor to schedule treatments during periods when the facility is not being utilized by event organizers, and the odors or byproducts of adjuvants will not cause staining or discomfort to athletes or spectators. Spot treatments may be necessary to control excessively weedy areas. The contractor shall notify the City one week prior to performing this 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. A copy of the pesticide application record shall be supplied to the City within 12 hours after the notification takes place. Records of public contract made shall be included in the annual report per Section 2.5.3 City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: 4.1.3 Approved Chemicals Choice of herbicide shall be communicated and approved by the City in the work plan pursuant to section 2.1 of these Special Provisions. 4.1.4 Measurement Measurement shall be included in lump sum for "Standard Maintenance Unimproved Areas." The approximate area of the shoulder areas along the running course is 5 acres. 4.1.5 Payment Payment shall be included in the lump sum Contract price for "Standard Maintenance Unimproved Areas" and shall be paid for furnishing all tools, labor, equipment, and materials required. 4.2 MOWING AND TRIMMING OF UNIMPROVED AREAS 4.2.1 General Requirements Mowing and trimming of ground vegetation shall occur in native grass areas along the shoulders of The Course at Flora Park one time per year. Effort should be made to mulch dry or remove the excess vegetation. The native grasses should not be mowed below 4 inches HOC. 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. Mowing of ground vegetation shall occur no less than once per year in the early spring, seed stalks should be left to over -winter to be cleared the following spring. 4.2.3 Measurement Measurement shall be included in lump sum for "Standard Maintenance Unimproved Areas." The approximate area of the shoulder areas along the running course is 5 acres. 4.2.4 Payment Payment shall be included in the lump sum Contract price for "Standard Maintenance Unimproved Areas" and shall be paid for furnishing all tools, labor, equipment, and materials required. 5 INSPECTION This chapter describes the inspection and notification requirements within the contract. 5.1 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: City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: • Irrigation sprinkler system repair requirements • Pest and disease infestation • Structural Damage to drywells, catch basins, and inlets • Evidence of poor drainage • Plugged pipes • Sediment or debris accumulations near aprons, curb inlets and sidewalk inlets • Sediment and debris accumulations in swales • Dry or dead turf in irrigated areas Homeless encampments shall be immediately reported to the City. • Illegal dumping • Dead or stolen plant material • Accident cleanup • Graffiti • Damaged or missing City owned property such as: • Locks • Benches • Tables • Kiosks • Fences • Signs • Mile Markers • Other Park Fixtures Other damaged park infrastructure such as curbs, pathways, area lights, restroom facilities, and fences should be reported to the City immediately. The City may also request other maintenance on a time and materials basis for services not otherwise contemplated in these Special Provisions. APPENDICIES - LOCATIONS AND ESTIMATED QUANTITIES The attached appendices contain information and site maps showing the locations, approximate size, and and other specifications pertinent to the work to be performed under this contract. Appendix A: Cross Country Course Starting Chute and Turf Ribbon Appendix B: Frontage Turf Areas Appendix C: Paved Pathway Area Appendix D: Irrigation Components City of Spokane Valley Bid Proposal Documents Special Use Parks Landscape Maintenance Contract No.: Base Bid Worksheet for Annual Special Use Parks and Landscape Maintenance ITEM # ITEM DESCRIPTION UNITS QTY. PRICE/UNIT TOTAL 3.1 Mowing, Trimming, and Edging LS 1 $176,000 $176,000 3.2 Standard Irrigation Maintenance LS 1 $960.00 $960.00 3.3 Aeration, Decompaction and Topdressing LS 1 $36,175 $36,175 3.4 Fertilizing LS 1 $16,175 $16,175 3.5 Weed Control and Chemical Spraying LS 1 $10,700 $10,700 4.1 Noxious Weed Control and Chemical Spraying LS 1 $12,100 $12,100 4.2 Mowing and Trimming of Unimproved Areas LS 1 $10,200 $10,200 *BID TOTAL: $262,310.00 City of Spokane Valley Bid Proposal Documents Signature Parks Landscape Maintenance Contract No.: AMLANDS-01 GHAYE ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) `....� 4/10/2026 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 C NTACT Cara Longinotti Spokane Office Marsh McLennan Agency LLC jA-MAIn o, Ext): (509) 363-4042 FAX v, No): 501 N. Riverpoint Blvd., Ste 403 E-MAI DRkss:Cara.Longinotti@MarshMMA.com Spokane, WA 99202 ium,oemc, ecenoniur_ envanar-e MAY, a INSURED A.M. Landshaper, Inc. C10 Mark Albin 8004 North Market Spokane, WA 99217 rrniCOAr_ee rCDTICIrATC M11aAR9=D• RPVICIr1N NIIMRPR- 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 LTRA TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF yyJ POLICY EXP LIMITS X COMMERCIAL GENERALLIABILITY CLAIMS -MADE X OCCUR X X $ 2568384 2/24/2026 2/2412027 EACH OCCURRENCE 1,000,000 $ DAMAGE TO RENTED PREMISES fEa occurrence) 500,000 $ MED EXP (Any oneperson) 15,000 PERSONAL & ADV INJURY 1,000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUOTNOOSWN AUTOS ONLY AUTOS ONLY X X S 2568384 " 2/24/2026 !. 2/2412027 COMBINED SINGLE LIMIT 1,000,000 $ _ BODILY INJURY Perperson) $ BODILY INJURY Per accident PPeoacEcRident AMAGE _ $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X S 2568384 2/24/2026 2/24/2027 EACH OCCURRENCE_ $ 1,000,000 AGGREGATE 11000,000 DED I X I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY pFFICER/MEMB�RPEXCLUDED?ECUTIVE ❑ (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- A LITE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) r CDTICir ATC WnI r11=0 rANCP1 I ATIr1N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Spokane Valle tY P y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE c� �V ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Swiss Re Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation Corporate Solutions 1450American Lane, Suite1100 Schaumburg, IL 60173 Bond No. 2359682 Annual Performance Bond KNOW ALL MEN BY THESE PRESENTS; That A.M. Landshaper, Inc. as Principal, hereinafter called Principal, and Swiss Re Corporate Solutions Premier Insurance Corporation as Surety, hereinafter called Surety, are held and firmly bound unto City of Spokane valley as Obligee, hereinafter called Obligee in the penal Sum of Two Hundred Eighty -Five Thousand Nine Hundred Eighteen and 72/100 Dollars ($ 285,918.72 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 22, 2026 entered into a Contract with Obligee for Landscape Maintenance of Special Use Parks Contract No. 26-073 which Contract is by reference made a part hereof and is hereinafter referred to as the Contract; WHEREAS, Obligee has agreed to accept this bond in the form herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall promptly and faithfully perform the requirements of said Contract that arise during the Effective Dates, then this obligation shall be null and void; otherwise, it shall remain in full force and effect, subject to the Effective Dates; PROVIDED, HOWEVER, that notwithstanding anything to the contrary in the Contract, this bond is subject to the following express conditions and provisions: 1. This bond is only for the term beginning 05/22/2026 and ending 12/31/2026 ("Effective Dates"). Surety's obligation shall apply during the Effective Dates only. At the sole option of the Surety, the Effective Dates of this bond may be extended for additional terms by a continuation certificate. 2. Neither non -renewal by the Surety, nor Principal's failure or inability to file a replacement bond, shall constitute a loss to the Obligee recoverable under this bond. 3. The aggregate liability of the Surety is limited to the penal sum listed above or as amended by rider, regardless of the number of years this bond is in force or number of renewals issued. The penal sum shall not be cumulative in amounts from period to period, regardless of how many times the bond might be extended. 4. The penal sum of the bond shall be reduced by and to the extent of any payments made by the Surety. 1 of 2 5. Any suit, action or proceeding under this bond must be instituted before the expiration of one (1) year from termination or expiration of the Effective Dates. If this limitation is void or prohibited by law, then the minimum period of limitation to Surety as a defense in the jurisdiction of the suit shall be applicable. 6. No right of action shall accrue on this bond to or for the use of any person or entity other than the Obligee named herein or its heirs, executors, administrators or successors. 7. Should there be any conflict between any terms of this bond and the Contract, then the terms of the bond shall prevail. 8. All notices under this bond shall be made to the Surety at the address listed below: Surety Address: Swiss Re Corporate Solutions — Surety Claims 1200 Main Street — Suite 800 Kansas City, MO 64105 SuretyClaimsNA CorporateSolutions@Swissre.cam SIGNED AND DATED this 22nd day of May , 20 26 Principal: A.M. Landshaper, Inc. S1 By: C,46 - Print Name: Mark C. Albin Title: President Title: Attorney -In -Fact 2 of 2 1„1,»nnnn,. i dds AMEN' cf.SEAS :M_ n ;,' 1973 ' a JI JIIJJJI ,I,1111iii Swiss Re Corporate Solutions Bond No. 2359682 Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Annual Payment Bond KNOW ALL MEN BY THESE PRESENTS: That A.M. Landshaper, Inc. Principal, and Swiss Re Corporate Solutions America Insurance Corporation as Principal, hereinafter called as Surety, hereinafter called Surety, are held and firmly bound unto City of Spokane valley as Obligee, wo Hundred Eighty -Five Thousan hereinafter called Obligee in the penal sum of Nine H285,918.72 undred Eighteen and 72/100 ollars ($ ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 22, 2026 entered into a Contract with Obligee for Landscape Maintenance of Special Use Parks Contract No. 26-073 which Contract is by reference made a part hereof and is hereinafter referred to as the Contract; WHEREAS, Obligee has agreed to accept this bond in the form herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal promptly makes payment of all sums due to Claimant(s) for labor, materials or rental equipment actually used, consumed or incorporated in the performance of Principal's scope of work under the Contract, then Surety and Principal shall have no obligation under this bond; PROVIDED, HOWEVER, that notwithstanding anything to the contrary in the Contract, this bond is subject to the following express conditions, provisions and definitions: 1. This bond is for the term beginning 05/22/2026 and ending 12/31/2026 . At the sole option of the Surety, the effective period of this bond may be extended for additional terms by a continuation certificate. 2. Neither no n-renewal by the Surety, nor Principal's failure or inability to file a replacement bond, shall constitute a loss to the Obligee recoverable under this bond. 3. The aggregate liability of the Surety is limited to the penal sum listed above or as amended by rider, regardless of the number of years this bond is in force or number of renewals issued. The penal sum shall not be cumulative in amounts from period to period, regardless of how many times the bond might be extended. 4. The penal sum of the Bond shall be reduced by and to the extent of any payments made by the Surety, inclusive of the payment by Surety of mechanics liens which may be filed or recorded against said improvements, whether or not claim for the amount of such lien be presented under and against this bond. 1 of 2 5. A Claimant is one or more individuals or entities having a direct contract with Principal or with a subcontractor of Principal, for labor, materials or rental equipment actually used, consumed or incorporated in the performance of Principal's scope of work under the Contract. 6. Claimant has, within ninety (90) days of Claimant's last furnishing of labor, materials, or rental equipment in the performance of Principal's scope of work under the Contract, provided written notice of non-payment to Principal and Surety (at the address identified in this bond) stating with substantial accuracy the amount claimed and the name of the party to whom the labor, materials, or rental equipment was furnished. T No suit, action or proceeding shall be commenced by Claimant under this bond after the expiration of one (1) year from the date (1) on which Claimant last furnished labor, materials, or rental equipment for use in the performance of Principal's scope of work under the Contract or (2) on which the Claimant provided written notice of non-payment to Surety (at the address identified in this bond). If this limitation is void or prohibited by law, then the minimum period of limitation to Surety as a defense in the jurisdiction of the suit shall be applicable. 8. No right of action shall accrue on this bond to or for the use of any individual or entity other than a Claimant. 9. Should there be any conflict between any terms of this bond and the Contract, then the terms of this bond shall prevail. 10. All notices under this bond shall be made to the Surety at the address listed below: Surety Address: SIGNED AND DATED this 22nd Principal: A.M. Landshaper, Inc. By: C.qa� Print Name: Mark C. Albin Title: _ President Swiss Re Corporate Solutions — Surety Claims 1200 Main Street — Suite 800 Kansas City, MO 64105 SuretyClaimsNA—CorporateSolutions@Swissre.com day of May .2026 _- SuretyYm orporate iZBy: P int Nerez 2 of 2 Insurance Corporation SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") 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, each does hereby make, constitute, and appoint: GEORGE C. SCHROEDER, NICOLAS W. PAGET, SHAWN M. WILSON, LAUREN E. RICHARDSON, P.EGGY A. FIRTH, and YESICA PEREZ JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds, consents of surety, or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted bylaw, 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 ($50,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18t" of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011: "RESOLVED, that any two of the President, any Managing -Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 50LUi0S•. ,.��50....�•Ns%1 �,, O�D�f' a i �24•GDaPD�i<':Ap� y DaWd Satory, Sensor Vice dent o C & Senior Vice President � °a; ;�$e z ¢; •' �= of SRCSPIC & Senior Vice President of WIC S EAL_> _8 S EAL'�=f s •. 1973 MMMM1Kr '.ss�•�''ssou?i,�o'?e� ,,ssf�,.ssp�a�ohs•' By. r Go riel Jzequez Senior \ e Pre lent of %RC1A1C X S e President of SRCSPIC & S for \' ee President of %% IN WITNESS WHEREOF, SRCSAIC have caused their official seals to be hereunt, of led. and these . ---tits be signed by their authorized officers this 11*ay of June .20 25 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois � Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook I'—'l Westport Insurance Corporation 111n June 25 On this _day of 20 , before me, a Notary Public personally appeared David Satorv, Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC, and Gabriel Jacauez. Senior Vice President of SRCSAIC and Senior Vice President o SRCSPIC and Senior Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney o c o a a mowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL KAREN M SZWEDA Notary Public, State of Illinas Commission No 978628 My Commission Expires September 26 2027 ren. da, Notary I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 22nd day of May , 20 26 . re�Gold�b�er�g, 'ice Presidei ` :.. stantt Secretary of SRCSAIC and SRCSPIC and WIC 06-22-2026 A.M. Landshaper PP Bond No. 2359682 - COSV LS Mtnce Contract No. 26-073 Final Audit Report 2026-06-22 Created: 2026-06-22 By: Gina Crosby (gina@amlandshaper.com) Status: Signed Transaction ID: CBJCHBCAABAA-mlleGYTArUf7OVE-OdNbKZRwJBq-039 "06-22-2026 A.M. Landshaper PP Bond No. 2359682 - COSV L S Mtnce Contract No. 26-073" History Document created by Gina Crosby (gina@amlandshaper.com) 2026-06-22 - 4:50:21 PM GMT Cl Document emailed to Mark (mark@amlandshaper.com) for signature 2026-06-22 - 4:50:31 PM GMT Email viewed by Mark (mark@amlandshaper.com) 2026-06-22 - 5:29:31 PM GMT GQ Document e-signed by Mark (mark@amlandshaper.com) Signature Date: 2026-06-22 - 5:30:08 PM GMT - Time Source: server - Signature Appearance Selected: MOBILE -IMAGE Agreement completed. 2026-06-22 - 5:30:08 PM GMT Q Adobe Acrobat Sign