Loading...
12-206.00 Ace Landscaping CorporationS#615n�e ,,;oOValley December 12, 2012 Ace Landscaping Corporation PO Box 1993 Veradale, WA 99037 OFFICE OF THE CITY ATTORNEY CARY P. DRISKELL - CITY ATTORNEY ERIK J. LAMB - DEPUTY CITY ATTORNEY 11707 East Sprague Ave., Suite 103 ♦ Spokane Valley, WA 99206 509.720.5105 ♦ Fax: 509.688.0299 ♦ cityattorney@spokanevalley.org Re: Implementation of 2013 option year, Agreement for Roadway Landscaping Services, 12 -025, executed February 24, 2012. Dear Mr. Baldwin: The City executed a contract for provision of Roadway Landscaping Services on February 24, 2012 by and between the City of Spokane Valley, hereinafter "City ", and Ace Landscaping Corporation, hereinafter "Contractor" and jointly referred to as "Parties." The Request for Proposal states that it was for one year, with five optional one -year terms possible if the parties mutually agree to exercise the options each year. This is the first of five possible option years that can be exercised and runs through December 31, 2013. The City would like to exercise the 2013 option year of the Agreement. The Compensation as outlined in Exhibit A, 2013 Cost Proposal, includes the lump sum amount of $82,902.72. The history of the annual renewals is set forth as follows: Original contract amount ........... ..............................$ 78,386.00 2013 Renewal ........................ ..............................$ 82,902.72 All of the other contract provisions contained in the original agreement are in place and will remain unchanged in exercising this option year. If you are in agreement with exercising the 2013 option year, please sign below to acknowledge the receipt and concurrence to perform the 2013 option year. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. 0,o 12- Ec � CITY OF SPOKANE VALLEY JIZ41-�e� Mike Jacks City Manager ATTEST: l Christine Bainbridge, City Clerk APPROVED AS TO FORM: ffice o he City Attorney ACE LANDSCAPING CORP. Nam n Title Exhibit A - 2013 Cost Proposal Roadway Landscaping Services Ace Landscaping Corporation 2012 Lump Sum Contract $78,386.00 Increase by CPI of 1.7% $1,332.56 New Areas - Sprague Swales $3,184.16 2013 Contract Amount $82,902.72 ACELA -1 OP ID: PS '4� °A CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 12/27/12 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 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 509 - 891 -1000 Blasingame Insurance Div of Spokane Ins Agcy, Inc 509- 891 -1430 200 N. Argonne Rd Spokane, WA 99212 Dan C. Wareham CONTACT acc °NN Ext : ac No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Cincinnati Insurance Company EACH OCCURRENCE $ 1,000,000 INSURED Ace Landscaping Corporation dba: Ace Landscaping & Mainten PO Box 1993 INSURER B: MED EXP (Any one person) INSURER C: PERSONAL & ADV INJURY INSURER D : Veradale, WA 99037 INSURER E: $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO POLICY JFCT INSURER F: $ 1,000,00 Emp Ben. CAVFRAGFS CERTIFICATE NUMBER! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle ty P y POLICY NUMBER POLICY EFF MM /DD/ EXP LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—I OCCUR X EPP0075841 05/30/12 05/30/13 EACH OCCURRENCE $ 1,000,000 DAMA PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO POLICY JFCT PRODUCTS - COMP /OP AGG $ 1,000,00 Emp Ben. $ 500,000 • AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS EPP0075841 05/30/12 05/30113 CO MBINED SINGLE LIMIT Ea accident $ 1,000,00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PER D PROPER O DAMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPP0076841 05130/12 05/30/13 EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,00 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A EPP0075841 WA STOP GAP 05/30/12 05/30/13 WC STATU- OTH- TORY LIMITS X ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Spokane Valley is named as additional insured as respects to work performed by the named insured. CcoTICICATG uAl 11`11=12 CANCFI I ATInN CITYSV1 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. CenterPlace 2426 N Discovery Place Spokane Valley, WA 99216 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Spokane ..;oo OValley BOND NO: B- 9115851 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Ace Landscaping Corp. (Contractor), as Principal, a contract for the construction of the project designated as Roadway Landscaping Services, Project No. RFP #11 -034 in Spokane Valley, Washington, and said Principal is required to furnish a bond for performance of all obligations under the Contract. Ace Landscaping & Maintenance Inc (Principal) and Cincinnati Insurance Company (Surety), a corporation, organized under the laws of the State of Ohio and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, in the sum of eighty two thousand nine hundred two dollars and seventy two cents, US Dollars $82,902.72 Total Contract Amount, subject to the provisions herein. The statutory performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is no required for such increased obligation. This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRIN IPAL (CONTRACTOR) Acd Itscapin tenance Inc. /2 2/ /Z Pinci 1 N((a�� a Date IM4 /k UCrt�� �Z•Z /' /2 Printed Name Date O�JAA-r Title SURETY c' ti Insurance Co m an 2I / Z Surety Name Date -_J ipwp K�c,- /a/i1llZ Printed Name Date wya4mrs 04 F& f Title Name, address, and telephone of local office /agent of Surety Company is: Blasingame Insurance 200 N Argonne Rd Spokane Valley WA 99212 Approved as to form: City of Spokane Valley Attorney, County of Spokane Date Spokane " ,,,,* Valley- BOND NO: B- 9115851 CONTRACTOR'S NON - FEDERAL PAYMENT BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Ace Landscaping Corp. (Contractor), as Principal, a contract for the construction of the project designated as Roadway Landscaping Services, Project No. RFP # 11 -034 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to famish a payment bond in accord with Title 39.08 Revised Code of Washington (RCW). Ace Landscaping & Maintenance Inc (Principal) and Cincinnati Insurance Company (Surety) a corporation organized under the laws of the State of Ohio and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, in the sum of eighty two thousand nine hundred two dollars and seventy two cents, US Dollars ($82,902.72) Total Contract Amount, subject to the provisions herein. The statutory payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with RCW 39.08 and 39.12 including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Title 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is no required for such increased obligation. This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) Ace,W1 d ping & Penance Inc. 2 • t1 -!2 Prin ipal, e Date "L- Om. f. rZ -21-12 Printed Name Date �x,✓� Title SURETY incuma ' urance Comp ny L2 Z S ety Name Date 40 J R.0,- 1 A �! Z Printed Name �— Date bM4#f! ► TN rk.T Title Name, address, and telephone of local office /agent of Surety Company is: Blasingame Insurance 200 N Argonne Rd Spokane Valley WA 99212 Approved as to form: City of Spokane Valley Attorney, County of Spokane Date THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Kim W Impecoven, Jason W Reser, Ian A Cunningham, Dan L Kelly, of Spokane Valley, WA its true and lawful Attomcy(s) -in -Fact to sign, execute, scat and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, Twenty Million Dollars and 00/100 ($20,000,000.00) This appointment is [Wade under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile an any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 1 st day of April, 2007. faX, tw`r�. THE CINCINNATI INSURANCE COMPANY n u CORPOMTI E SEAL *if 10 STATE OF OHIO ) ss: COUNTY OF BUTLER ) Vice President On this 1st day of April, 2007, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate scat and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. F. r J►y 611�.ARK J. H R, Attorney at Law r,.,,y T�,•QT V ��,`` My eommissl LI has STATE OF no expiration • �na�tu► date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of S COR►ONAfC Secretary SEAL or„o BN -1005 (3/02) !Pe e S pokane s,�'0Valleyk ADDENDUM No. 1 TO BOND NO. B- 9115851 ADDENDUM TO CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Ace Landscaping & Maintenance Inc. (Contractor), as Principal, a contract for the construction of the project designated as Roadway LandscapinE Services Project No. PFP #11 -034 in Spokane Valley, Washington, and said Principal is required to furnish a bond for performance of all obligations under the Contract. The Principal and Surety have requested and the City has agreed that performance Bond No. B- 9115851 shall be modified as provided in this Addendum to Contractor's Performance Bond. The fourth paragraph of the performance bond is hereby modified as follows (with additions underlined): The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation, provided, however, that any such increase shall not exceed 25% of the original amount of this performance bond without the consent of the Surety. The Principal shall provide notice to the Surety of any increase exceeding 25% of the original amount of this performance bond. This Addendum shall not modify any other provisions of the performance bond and shall not otherwise affect the rights and responsibilities of the parties except as provided herein. This Addendum may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This Addendum will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) Ace L dscaping & Maintenance Inc P mci 1 Si ture Date K k Drew le , L /a, /iZ Printed Name Date &� Title SURETY ' C' urance Company Z ('Z S ignnature k5ate ���► �zzse+e- � z� i/� z Printed Name Date Am"" xii r -rlccr Title Name, address, and telephone of local office /agent of Surety Company is: Blasingame Insurance 200 N Argonne Rd Spokane Valley, WA 99212 509- 891 -1000 Y of SCITpokane ..;0OValley, ADDENDUM No. 1 TO BOND NO B- 9115851 ADDENDUM TO CONTRACTOR'S NON - FEDERAL PAYMENT BOND to City of Spokane Valley, Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Ace Landscaping & Maintenance Inc. (Contractor), as Principal, a contract for the construction of the project designated as Roadway Landscaping Services Project No. PFP #11 -034 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal and Surety have requested and the City has agreed that payment Bond No. B- 9115851 shall be modified as provided in this Addendum to Contractor's Non - Federal Payment Bond. The fourth paragraph of the payment bond is hereby modified as follows (with additions underlined): The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation; provided, however, that any such increase shall not exceed 25% of the original amount of this payment bond without the consent of the Surety. The Principal shall provide notice to the Surety of any increase exceeding 25% of the original amount of this payment bond. This Addendum shall not modify any other provisions of the payment bond and shall not otherwise affect the rights and responsibilities of the parties except as provided herein. This addendum may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This addendum will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL (CONTRACTOR) SURETY ping & Maintenance Inc C' ati ance Company 2127- incip Si re Date Sure gnature Date Printed Name Date Title .1 DV 0t4 Printed Name Date Name, address, and telephone of local office /agent of Surety Company is: Blasingame Insurance 200 N Argonne Rd Spokane Valley WA 99212 509- 981 -1000 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Kim W Impecoven, Jason W Reser, Ian A Cunningham, Dan L Kelly, of Spokane Valley, WA its true and lawful Attorny(s) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, Twenty Million Dollars and 00/100 ($20,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 1 st day of April, 2007. c�r�, lrari��`i e OORPORATE � $ SEAL Ohio STATE OF OHIO ) ss: COUNTY OF BUTLER ) THE CINCINNATI INSURANCE COMPANY Vice President On this Ist day of April, 2007, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. VLIAL •� 7 F' , "ice %� .����nr..� `�� ARK J. HU R, Attorney at Law O OTARY PU LI - STATE OF OHIO •�I•�,�*P 1tRO SSW � My commissi has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this day of 0 t; CORPORATE r Secretary f SEAL ° OHIO BN -1005 (3/02)