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AG 08-067RETURN TO: I ' E� -s EXT: �G�� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PROS / 2. ORIGINATING STAFF PERSON: Day1 d Ctemon5 EXT: L013 -1 3. DATE REQ. BY:_ 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION i( CONTRACT AMENDMENT (AG #): p8 - Q (2-1 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: 6. NAME OF CONTRACTOR: Cywe k E f t e A-,.. (Ke. , ADDRESS: O 0 TELEPHONE: E -MAIL: ff } FAX: SIGNATURENAME: TITLE: 7. EXHIBITS AND ATTACHMENTS:)( SCOPE, WORK OR SERVICES XI COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. S. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ 169 , 2 g S bin (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: III- l zo O - 361- 5'15 - 51 - 49O 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER El SUPERVISOR ')6„ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ')6 LAW DEPT PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL/ DATE SIGNED IN AG# DATE SENT: COUNCIL APPROVAL DATE: DATE REC'D: L- 1/9 Farm 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL/ DATE SIGNED IN AG# DATE SENT: COUNCIL APPROVAL DATE: DATE REC'D: L- 1/9 ` Feder OF CITY HALL '•... Federal Way 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com AMENDMENT NO.3 TO MAINTENANCE /LABOR AGREEMENT FOR PARK LANDSCAPE MAINTENANCE This Amendment ( "Amendment No. 3 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Green Effects, Inc., a Washington Corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for landscape services ( "Agreement ") dated effective May 1 st, 2008: as amended by Amendment No. 1 and No. 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31St, 2014 ( "Amended Term "). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "13-2 ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2010 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityofiederahvay. com EXHIBIT B -2 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed SEVENTEEN THOUSAND and NO /100 Dollars ($17,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed ONE HUNDRED NINE THOUSAND TWO HUNDRED EIGHTY FIVE and 06/100 Dollars ($109,285.06). AMENDMENT - 3 - 1/2010 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffedera6vay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: _"344,Wv115 JohAutton, I nm Director of Parks DATE: —7 13 /"1( GREEN EFFECTS, INC. i By. Printed Name: wvn3 Is ,* •yam Title: V l C ,e DATE: ec STATE OF WASHINGTON) ss. COUNTY OFD? U(A U ) ATTEST: n 0-� City Clerk, Carol McNeill CMC AP OVED AS W FORM: �WolaQaV Interim ttorney, Amy Jo Pearsall On this day personall appeared before eX-� to me known to be the k,J� �P S 1 of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this '4-4 day of 3 � � )CtQ - Notary's signature otary's printed name v- Notary Public in and for the State of Washington. aN X E OWN My commission expires �t l 1-1 My gppokftmM r H0 t. 2017 AMENDMENT - 2 - 1/2010 ,a °® CERTIFICATE OF LIABILITY INSURANCE 6/17%2014' 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 W Insurance Group 1007 Pacific Ave Tacoma WA 98402 CONTACT David Wiita NAME: PHONE (800)362 -5220 AfC No: (800)996 -6054 E-MAIL s.Dave @w- ins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A.American States Ins Co 19704 INSURED GREEN EFFECTS, INC. PO BOX 2005 SUNNER WA 98390 INSURER B :American. Economy Ins Co. 19690 INSURERCAmerican States Insurance INSURER D: INSURER E: $ 1,000,000 INSURER F: X COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBERCL1372919066 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TypE OF INSURANCE A L I 5 SUBR WV POLICY NUMBER POLICY EFF MMIDD /YYYY POLICY EXP MWDD /YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES S AGE ( TED Ea occurrence $ 200,000 A CLAIMS -MADE Fx_] OCCUR OICH53332770 /11/2013 /11/2014 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO- —1 LOC $ AUTOMOBILE A LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 2CE23023910 /11/2013 /11/2014 BODILY INJURY (Per accident) $. PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 `. EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ PISU43063210 /11/2013 /11/2014 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE Stop Gap. X WC STATU- O TORY LIMITS ER R E.L. EACH ACCIDENT $ 1 000,000 OFFICER /MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A DICH53332770 /11/2013 /11/2014 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder and other related contracted interests are additional insured, but only if required by written contract, agreement or permit per endorsement CG 86 74 10 02, CG 86 72 10 02, CG 76 80 10 02, CA 71 10 03 07.Waiver of transfer of rights per endorsement CG 24 04 05 09. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33530 1st Way S. Federal Way, WA 98063 -9718 ACORD 25 (2010/05) INS025 (201005),01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE d Wiita /DWI ,q- ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: � Y� �� � EXT: �'Z� (� 'Z CITY OF FEDER.AL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PRCS /� WC-G � 4. ORIGINATING STAFF PERSON: `.J �. �t-'��L�''� EXT: � 3. DATE REQ. BY:_ TYPE OF DOCUMENT �CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.C,., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESS[ONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION � CONTRACTAMENDMENT(AG#�:� - �� ❑ INTERLOCAL OTHER S. PROJEC'1'NAME: �G1(� l�` 1' �G.�V�.� f'�L.►1L�. 6. NAME OF CONTRAC C::'1 r�L4-►� `Z�'-F��"r `7 ADDRESS: P• O� IJ a�. 2�5 5�►�,��- w� �� �y � E-MAIL: SIGNATURE NAME' Y`�► � � 0�-K2.,( Fa,x: TITLE: ���(L—Pr� �, 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIB[TS ;� PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES �f: PRIOR CONTRACT/AMENDMENTS CFW UCENSE #t�l b3 �� bJ BL, EXP. 12/31/ � 7i UBI #(iq� �5� Z�, , EXP. �� /�� � 2 -- 8. TERM: COMMENCEMENT DATE: I'`��,1 �, 2� L� COMPLETION DATE: ��c0�(' 1 I �� 2b I� 9. TOTAL COMPENSATION: $��, L��S • � Y (INCLUDE EXPENSES AND SALES TAX, IF ANY) ([F CALCULATED ON HOURLY ABOR CHARGE - ATfACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ [S SALES TAX OWED: ❑ YES ❑ NO [F YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY � PURCHASING: PLEASE CHARGE TO: { � L ^ � G-V�� 3 �� � 5� � � f r � � � 10. DOCUMENT / CONTRACT REVIEW ,�PROJECT MANAGER ❑ SUPERVISOR � DIRECTOR � RISK MANAGEMENT (IF APPLICABLE) ��L,AW DEPT 11. COUNCILAPPROVAL ([F APPL[CABLE� INITI / ATE V WED INITIAL / DATE APPROVED - b����?� � Z �,< < _ y�'� � � � � � ��� COMMITTEE APPROVAL DATE: 12 . CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: �I�S�/J Z ❑ ATTACH: S[GNATURE AUTHOR[TY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS � L.aw Derr " ❑ SIGNATORY (MAYO OR DIRECTOR) � Cmr CLE[uc ❑ AsstGrrEnAG# �( SIGNED COPY RETURNED � � ❑ RETURN ONE ORIGINAL �• � � � l � � � ��. l i i.: • � :� �� : C 7 ( � � � �` COUNC[L APPROVAL DATE: DATE REC' �� 11/9 �� . �� � CITY OF CITY HALL "�..... Fe d e ra I Way 33325 8th Avenue 5outh Federa! Way, WA 98003-6325 (253) 835-7000 www c�ryoffederalway com AMENDMENT NO 2 TO MAINTENANCE/LABOR AGREEMENT FOR PARK LANDSCAPE MAINTENANCE This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Green Effects, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for providing landscape services ("Agreement") dated effective May 1, 2008 as amended by Amendment No(s). 1, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than Apri130, 2014 ("Amended Term"). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any priar amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 � CITY OF '�.. Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY t By: Skip Pries ayor DATE: U"� ` � 2— GREEN EFFECTS, INC. By: Printed N e: ��� �3 y 1�.31 S LC� E�L�,-; 2 Title: �I. �C�.-' ��L� ( L.�"� DATE: F ' 3 �" / 2. STATE OF WASHINGTON ) ) ss. COUNTY O ATTEST: , City Clerk, Carol McNe lly, C C APPROVED AS FORM: b � � City Atto ; Patricia A Richardson On this day personally appeared before me 1� n,� ���u�'; "to me known to be the LJ �C-� i��s �O�l-e.+�� of �/' that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GNEN my hand and official seal this NOTARY PUBLIC STATE OF WASHINGTON KIMBERLIE A HAN80N My Appointment Expires April 1, 2013 _� day of � ���a� , 20 ��— s signature �.v.n, �Jl�'�-� s printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT - 2 - 1 /2010 ` CIiY OF CITY HALL �•... Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253)835-7000 www cityoffederahvay com EXHIBIT A-1 REDUCED SERVICES 2010 thru 2012 - Park Landscape Maintenance, Green Effects payout by month Total Task* FW Communit Center #tCt'>{ �, � rt; � ,. �:t `�' �,b ., k�.n ',:..� , G � „ Jan = 3x $213.92 Feb = 3x $213.92 Mar=14x $998.30 Apr =27x $1,925.29 May=35x $2,494.84 Jun =28x $1,996.60 Jul = 28x $1,996.60 Aug=27x $2,353.13 Sep=22x $1,996.60 Oct=24x $1,711.37 Nov=12x $926.99 Dec= 2x $213.92 : �� E x � :. _ � ,,�>� Sub total $17,041.48 9.5% Tax $1,618.94 Total** $18,660.42 Additional Services Hourly Rate 3$ 5.00 ( Non routine or additional requested work) *Total number of task performed each month as shown on the Annual Maintenance Standards. ** Monthly totals shall be based upon the number of services (e.g. mowing, blowing, weeding etc.) provided for each month, the same unit cost is applied equally to all items of work. All work tasks must be completed within any given month in order to receive full payment for that month AMENDMENT - 3 - 1/2010 � CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 {253)835-7000 www! crtyoffederahvay com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Reduced Services during the Amended Term, the City shall pay the Contractor an additional amount not to exceed Thirty Four Thousand Eighty Two and 96/100 Dollars ($34,082.96) and Washington State sales t� equal to Three Thousand Two Hundred Thirty Seven and 88/100 Dollars ($3,237.88) for a total of Thirty Seven Thousand Three Hundred Thirty Two and 84/100 Dollars ($37,320.84). The total amount payable to Contractor pursuant to the original Agreement, and this Amendment sha11 be an amount not to exceed Ninety Two Thousand Two Hundred Eighty Five and 06/100 Dollars ($92,285.06). AMENDMENT - 4 - 1 /2010 A�°� °� CERTIFIGATE t�F LIABILITY INSURANCE e jei2o1 "' 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 APFORDE� BY THE POLICIES BELOW. TNIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A COMTRACT BETWEEN THE ISSUING INSURER(S), AUTNORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endased. if SUBROGATION lS 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 � David Wiita W Insurance G=OUj� �E .(800) 362-5220 FAX .(B00�l96-605� PO Box 1957 � .Dave@w-ins.com INSLIRER(51 AFF�ROING COVERA6E NAIC O Tacoma WA 98401-195? INSUR� GREEN EFFECTS, INC. PO BOX 2005 can szaz O =IIS CC StJbIldER WA COVERAGES CERTIFICATE NUMBER:CL118816023 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POIICIES OF INSl�2ANCE USTED BELOW HAVE BEEt11SSUED TO THE INSURED NAMED ABOVE FOR TF� POLJCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOITION OF ANY COMRACT OR OTHER DOCUMENT 1MTH RESPECT TO WFNCH THIS CERTIFICATE MAY BE ISSUED Of2 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLiCfES DESCFtIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSiONS AND CONDITIONS � SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR TYPE OF INSURANCE POUCY NUMBER �LICY ffF POLICY EXP LIhNTS O��u uABn.mr E� ocCURR�ce S l, 000, 00 X COMMERCIAL QENERAL LL4BILITV � S 200 � 000 A CUUMSMADE a OCCUR 1CA53332730 /11/2011 /li/2012 MEDEXP M onepersa� S �.0�00 aotsow��&�DVIri,II�Y S 1,000,00 G��aaGRC-aa� S 2,000,000 GEN'!. AGGREGATE UMIT APPLIES PBi• PRODUCTS - COAAPIOP AGG S 2� OOO � OOO POLICY X PRO• L � $ . AuroixoelLE Lue�rr 1 OOO OOO $ X ANY AUTO BODILY IN.KMY (Per petwn) S ��ONMED �O UlEO 6CC00690220 /11/2011 /11/2012 gpp�LY INJURY (Per acddent) S HIRED AUTOS NON-0NM� S AUT03 Maaial S 5 00 X UMeit�u4 uAe X occuR EACH occuitRENGE E 5, 000 , 000 A ��� auuMS.Ma,oe AOOREOATE s 5,000,000 �o X a�r�rrion�s 10�00 iSU3A751490 !il/2osi /ii/2oi2 s ], WORKERS CdNPENSATION A ' AND EMPLOI'6t3' LIABILITY ANY �OPR�TORiPARTNER/E7tECUTIVE Q N f A El. EACH ACCIDENT S 1 OOO OOO oFFICER/MEM�R EXCLUDED? 1CS53332750 /11/2011 /il/2012 �Ma�Watory in NH) E.L. DISEASE - EA EAAPLOY S 1 000 000 If yes, d�cn'be u�er DESCRIPfION OF OPERATIONS 6ebN E.L [N�/1SE - POLICY LIMIT S 1 OOO OOO OESCRIPTION OF OPERATIONS J LOCA'TIONS ! VEHICLES (Attach ACORD /01, Additional RunaAts ScheduN, if mon spaca ic feqUked) �� p �� � Certificate holder and other related contracted interests are additior>> , but onl if r sed written contract, agreement or pe�it per e�orsement CG 86 74 10 02, CG 66 72 10 02, Cti T6 80 10 02, CA 71 10 03 07.Waiv�sr of transfer of rights pes eadarsement CG 24 09 05 09. SHOUID ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLED BEPORE THE EXPIRA710N DATE TFIEREOF, NOTICE WILL BE OELIVERED IN City of Federal Nay ACCOROANCE WITH THE POlICY PROVISIONS_ 33530 lst Way 3. P O BOX 9718 AUTHORIZEDREPRESENTATNE Federal Way, WA 98063-9718 , David Wiita/DWI s+�.7 �i'q- ��iii�' ACORD 25 (2010/OS) m 1888-2010 ACORD CORPORATION: All rights reserved. INS025 �2oioos� oi The ACORD name and logo are registered marks of ACORD RETURN TO: dV� _ r y � EXT: ' 1 1L CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: �C�`J 2. ORIGINATING STAFF PERSON: S 1�� Ic-�►1�s� EXT: �p � I 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ,�'C�ONTRACTAMENDMENT(AG#): UY�-Ob�T ❑ OTHER �J �viAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: �SG3-P� �`'�a1V��V�� 6. NAME OF CONTRACTOR: �1'F�(GYl ���-'�j ADDRESS: {�p �? p�-�j �l,�.t�nv�r v�A �33gQ TELEPHONE Z'�3 E-MAIL: FAX: SIGNATURENAME: '�(�� �g�,p�,� TITLE �/�G� ��5 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: May 1� 2t��0 COMPLETION DATE: A� 3c� ,'201'Z 5� 96�{• 2Z t 34 �Z� + 323�T•$�a �ax =�g2 �• 06 9. TOTAL COMPENSATION $ 1 � � �INCLUDE EXP�NSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: � YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED �B'YES ❑ NO IF YES, $ �j�'Z�j, •�� PAID BY: ❑ CONTRACTOR ITY ❑ PURCHASING: PLEASE CHARGE TO: 11 �' �TZ�"'3"J I- S�I�j ^' 1 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED �'F�20JECT MANAGER - � ❑ DIRECTOR '�► � ��O ❑ RISK MANAGEMENT (IF AnPLtcABLE) ❑ LAW . �,�_,?� .,. � c'�� � �Y'C "�' he� ti,.��" --ylti.lc� ( t� w�i � GP �! ►.wc 11. COUNCILAPPROVAL�IFAPPLICABLE� COMMITTEEAP�ROVALDATE: S jI �iJ� COUNCILAPPROVALDATE: ����j 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: " ("p DATE REC'D: 5 �2�N �) D ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICF,NSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (CM ox Di�cTOx) fXCITY CLERK Q'�ASSIGNED AG# �SIGNED COPY RETLJRNED COMMENTS: INITIAL / DATE SIGNED �" ` ( (' � D 5•25•1fl AG# (7$ � p la"7 ,P� DATE SENT: c •ZGJ • ►D 11/9 � iGlt"V Q€ GITY NALL � , 33325 8th Avenue Scauth = PCa f3ox 9718 Fet{eC31;J?l�y. 4+VA 98QE3-9718 �2��} ea�-�cra� a�;v�s^cifS�n.ffetler.�z#w<ay- {:f�r; AMENDMENT NO. 1 TO 1YlAIN'�'F,NANC "F:/I.,ABOR AGREEMENT FOR FARIi LANDSC�'APE MAINTENANCE This Amendment �"Arnendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Ureen Effects, Inc., a Washington corporation ("Contractor"3. The City and Contractor (together "Parties"), for valuable consideraiion and by mutual consent of the parties, agree to amend the original Agreement for providing landscape services ("Agreement") dated effective May l, 2008. l. AMENDEll SEI2.VICES, T'he S��rvices or Work, as described in L;�:nioit '`A" and as referencedry Section 1 ofthe Agreement, .:hall b� amen��ed: to includE, rh.ose reduced services more ��articularl.y d�sci°ibed in F,xh�b�t "A- 1" attached hereto and incarporated �y this reference ("Reduced Services"). 2. AMENDED TERIYI. The tenn �f the Agreement, as referenced hy Sectiori 2 of the Agreement and anyprior amendments thereto, shall be amended �nd shall continue until the comptetion of the Reducecl Services, but in any event no later than April 30, 20I?. ("Arnended Term"). 3. AMENDED COlY�PEJ�15�'Tr01�1> T'he arnaunt of comperisation, as referenced by �ection 4 of the Agreement, shall be ainencled to chanbe. th�; to±al compensation the C.ity shall pay the Contract�r and the rate or method of payment, as cieli:neaied ir� f:,_ribit "B-1", attached hereto and incorporated by this reFerence. The Contractor agrees t}iat any r,�urly or ii��t r«tc. charged by it for its services contracted for hereiti shall remain locked at the negotiateci rake(s j for ibe An�etrcec3. l ExcE:pt as otherwise pi•ovided in an attac::heci FxY�ibit, the �'ontraetor shall be solely resporisible tar th�. ���ay���ent o� any taxes imposed by ar�y la��fi�l juris�ii;;±�on as a resuir. of the performance and paymer.� o� ?}Z�s .E'��;re�:xr�er�t. 4. GENERAL PROVISI0IVS. .All other terms and provisions of the Agreement, together ��ith any prior amendments thereto, not modified by �his Arriendment, shall remain in full force and effect. Any and all acts rione by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, a�ter the previous expiration date and prior to the effective date of this Amendmerit, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it e�isted prior to this Amendment. The provisions of Section 18 of tYtie Agreement shall apply to and govern thi� Amendment. The parti.es whosL names appear below swear under penaity of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. �Signature page follows] AMENDME,N'I' -1- 1/2010 �. ,� �► ia � ,.. '� � M� -� GITY MALL 33325 $th Avenue ��tt: �C� �c�x 9?18 �=eder� Vt�3 ( � �� (ry A �8�76"' �T 1 � - ���� V ��(.��t�1{�yl��'iCH4'lrC�k .. . IN WITNESS the �artir�� exect�te this Agreer��ent be�rr�� effective the last date writ�E�;���� b�i�;tiu. CITY OF FEDER�1_ ��'�� ��\_��' BY� — -- �--- ---- Brian Wilson, City� �-2�raa�e:�/Police Chief naTE: 5- 25 — t � GREEN EFFECTS ���C �y� -------- — , Printed Name: _�,y- ���e. Title: _���'�-� is��" vATE: 5�a�_� � o_. STATE OF WASHINC��"C'��� ) n � SS. COLTNTY OF t'_,�pl��,�� ATTEST: � . City Clerk, Carol Mc _ eil�ly��i�C, AP OVED A TO FOI� '[= =- _ __ / �o� — City A.tt ey, Patricia A Ilicl�arc?��� ti On this day persr�nally appeared before me ,�_ �_'�`11��. �''� .�S C� T�a Ti�= ��wn to be the U 1 C� �-� � I C'� ���"1 �_— of C_I�C! �'�-� ��'� C_t . - --th�t ex.ecuted the foregoing instrument, and acknor�vl�dged trie saici inshume�t tc ��c the free and v�luntary aei anc+ ��ee�: :�i saicl eorporaiion, for the uses and purposes therein mentiur�ed an:l c�n oath s��ted that he/she was author-�zed tca ;;xeeute said ir�strument and that the seal affixed, if any, is the corporate s:.,al o#�;;aid corporation. GIVEN my hand �nd official seal this ������i��i�� ,.•� a sM�r ��,�`�` b"��' �: i� � ����` g , � . .� ��� .,� O � ���,�►`�. � � �' d ay of --- -- � � �-�-� Notary's signature Not�'s prir��ed riam , ���c��G?�.� l�> .S �"?'�y� e �C� �') C �- �� • ���Y-� ��— — Notary Public in and f�r the Staxe of V4'ashin�tan. My commission expire� _ (i _ � - ;��? 1 � AMENDMF, ���T - 2 - 1 /2010 '4` °R°� CERTIFICATE OF LIABILITY INSURANCE 8�4i ""' PRODUCER (800) 362-5220 FAX: (800) 496-6054 TH13 CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION AAA Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE3 NOT AMEND, EXTEND OR �'O Box 1957 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tacoma INSURm Green Effects Inc P.O. Box 2005 Sumner WA 98401-1957 INSURERS AFFORDING COVERAGE NAIC # I NSURER A: � r1C8l1 States Ins Co 19704 INSURER B: ��T1C8I1 ECOIIOIIIy I313 CO . _ 19690 INSURER C: ---------- ------ ----- INSURER D: WA 98390 COVERAGES THE POLICIES OF INSURANCE IISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTiMTHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS T R T F POLICY NUMBER I ri OENERAL UAB�LITY � EACH OCCURRENCE E 1 OOO OOO X COMMERCIAL GENERAL LIABILITY PREMISES a occurrence b ZOO OOO Pa R CLAIMS MADE � OCCUR 1CH53332730 8�11�20U9 8��.1�201� MED IXP (Any one person) S �.0 U0� PERSONAL & ADV INJURY S 1 OOO OOO GENERAL AGGREGATE S Z 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S Z 000 OOO POLICY X PR � LOC AUTOMOBILE LIABILITV (E aglNEp SINGLE LIMIT y 1, 000 , 000 X ANY AUTO B X ALl OWNED AUTOS 2CE20707420 B�ZL�ZOO9 H�ZS�ZOZO gODILY INJURY (Per pewon) $ SCHEOULm AUTOS � HIRm AUTOS BODILY INJURV E NON•OWNED AUTOS (Px xcideM) f ___. __.___._.___-------... __--- Per�accd DAMAGE s � ) GARAGE LIABILITY AUTO ONLY - EA AGCIDEM 5 ANY AUTO OTHER THAN � ACC S AUTO ONLV� AGG E EXCESS / UMBREILA LIABILITY EACH OCCURRENCE S S OOO OOO X OGGUR � CLAIMS MADE AGGREGATE a 5 OOO OOO S A X DEDUCTIBLE 1SU34751470 8/11�2UU9 8�11�2U1U a X RETENTION $ 10,000 $ A WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIA&LITY � ANY PROPRIETORIPARTNER/IXECUTIVE � E.L EACH ACCIDENT E 1 OOO OOO OFFICER/MEMBER EXCLUDED? (Mandatory in NH) 1CH53332730 8�11�2�09 8�11�2010 E.L. DI�ASE- EA EMPLOYE 5 1 �00 000 If yes, describe under � SPECIAL PROVISIONS below E.l. DISEASE - POLICY LIMR S 1 OOO OOO OTHER DESCRfPTION OF OPERATIONS / LOCATIONS / VEHICLES / E7(CLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder and other related contracted interests are additional in�ured, but only if required by written contract, agreement or permit per endorsement CG 86 74 10 02, CG 86 72 30 02, CG.76 80 10 02, CA 71 10 03 07.Waiver of transfer of righte per endorsement CG 24 04 05 09. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009/01) INS025 �zooso�) City of Federal Way 33530 lst Way 3. p o soX 9718 Federal Way, WA 98063-9718 SHOULD ANV OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TME EXPIRATION DATE THEREOF, THE ISSUING INSURER WIIL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TNE LEFT, 6UT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITV OP ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATNE David Wiita/DWI �°'-"�� G `�- - `�� O 1988-2009 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD I DATE OUT: I TO: ~ --::s:- m ~b- CITY OF FEDERAL WAYLAW EPARTMENT DATE IN: REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIV: VA{<.\<- 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT ~INTENANCE/LABORAGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT PROJECT NAME: \/3'(\?- L.~~~Y\.kw~ut::--. NAME OF CONTRACTOR: G('Q..t..V\ EM<G.C.--1-s ADDRESS: PO E>c:>)(. U)0'5 ~~~;"" j v..) A ~~90 TELEPHONE l..?? eCH . '\~COfl) SIGNATURE NAME: DCi:XlY\":) ~ \~ TITLE \I\r~ prt;~ ~ ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE _ c..c.... ..uo~\ ad\A~\l~ S~f-t- ""wh \ :r",,\,-\ 20tifl tr ,/ to" "'o+-"- ~ *~(~':. ~ 1-0c.e.. TERM: COMMENCEMENT DATE: Mo.j \ ,'2.00t;> COMPLETION DATE: p...pr\ \ 30,2C\O TOTAL COMPENSATION $ 4 \1 "!>l"j. '2..b 5J) 4 z.5 ('IN~DtE)J~~ES:ND ~1t:;'~i:If:~) (IF CALCULATED ON HOURLY LABOR CHlRGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ~ IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED D'VES 0 NO IF YES, $ '40 I ~ J..\ 53 ~ . ~j PAID BY: 0 CONTRACTO~TY "....-.." ) 2. 5. 6. 7. 8. 9. ORIGINATING STAFF PERSON: ~vE:. \ ~t:> EXT: <t:t11 \ 3. DATE REQ. BY: o SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT AG#: o CDBG o OTHER 10. ~RACTREVIEW ~ ~~OJECTMANAGER o DIRECTOR o RISK MANAGEMENT jJ LAW 11. CONTRACT SIGNATURE ROUTING INITIALIDATE APPROVED INITIALIDATE APPROVED ")(LAWDEPARTMENT ~ roClTYMANAGER ~y ~~~BACKTOORGlNATINGDEPT. . .-- ~SSIGNEDAG# O'f.)-fYJJ"l p~k,I, ~ 00\."00. ~~~'?"(,'COO'I-\~ o PURCHASING: PLEASE CHARGE TO: fw(..(... ~ llf' l~-~SI- S"S-SI~'"t~U INITIALIDATE APPROVED ~ i.f'\~'~ b ... [./-;),,1- 0 <{ ~~ ~O~ INITIALIDATE APPROVED COMMENTS~~ ~-I5-D~ 3-Se::1--~~. : - ;i'-<.~1i.-~" 1 0/09/02 .. ~' . . MAINTENANCE/LABOR AGREEMENT FOR PARK LANDSCAPE MAINTENANCE This Maintenance/Labor Agreement ("Agreement") is dated effective this 1st day of May, 2008. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Green Effects, Inc., a Washington Corporation ("Contractor"). A. The City seeks the temporary services of a skilled independent contractor capable of working without direct supervision, in the capacity of providing landscape services at the following locations in Federal Way: English Gardens and the Federal Way Community Center; and B. The Contractor has the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction ofthe City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services, but in any event no later than April 30, 2010 ("Term"). This Agreement may be extended for additional periods oftime upon the mutual written agreement ofthe City and the Contractor. 3. Termination. Prior to the expiration ofthe Term, this Agreement may be terminated immediately, with or without cause, by the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed Fifty Thousand, Four Hundred Twenty-five and 89/1 00 Dollars ($50,425.89) calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel attached hereto as Exhibit "B"; and - 1 - .. . Washington State sales tax equal to Four Thousand Five Hundred Thirty-Eight and 33/100 Dollars ($4,538.33) for a total amount not to exceed $54,964.22. 4.2 Method ofPavment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or InVOIce. 4.3 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof, The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warrantv. 6.1 Requisite Skill. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 6.2 Defective Services. The Contractor shall, at its sole cost and expense, correct all Services performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Services. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance that is purchased for the benefit ofthe City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. - 2 - .. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions ofthe Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions ofthe City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination ofthis Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any ofthe terms of Chapter 49.60 RCW, Title VI ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973,49 CFR Part 21,21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination ofthis Agreement by the City and, in the case ofthe Contractor's breach, may result in ineligibility for further City agreements. - 3 - - 10. Confidentiality. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance III amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term ofthis Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination ofthis Agreement. The provisions of this Section shall survive the expiration or termination ofthis Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation ofthis Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. - 4 - \ , "- 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance ofthe Services. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 15. Prevailing Wages 15.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current applicable "prevailing rates of wage" are attached hereto as Exhibit "C" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 15.2 Agreements Exceeding One Year. Pursuantto WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. - 5 - 15.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: a. Sole owners and their spouses; b. Any partner who owns at least 30% of a partnership; c. The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 15.4 Reporting Requirements. Contractor shall comply with all reporting requirements ofthe Department of Labor and Industries ofthe State of Washington. Upon the execution ofthis Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Services, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 15.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 16. Clean Up. At any time ordered by the City and immediately after completion of the Services, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Services. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 17. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. - 6 - , . 18. General Provisions. 18.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 18.2 Modification. No provision ofthis Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 18.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 18.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 18.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 18.6 Attorney Fees. In the event either ofthe Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 18.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 18.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 18.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 18.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. - 7 - 18.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 18.12 Performance. Time is ofthe essence ofthis Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 18.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 18.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 18.15 Compliance with Ethics Code. Ifa violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. DATED the day and year set forth above. CITY OF FEDERAL WAY LZ ~ ~~ M. Roe,:.;J ~ Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 ATTEST: - 8 - . . r ~ APPROVED AS TO FORM: By: Denn islocker, Vice President Post Office Box 2005 Sumner, W A 98390 253-891-9888 STATE OF WASHINGTON) ) ss. COUNTY OF \" t..l(' <...-<<- ) On this day personally appeared before me Denny Wislocker, to me known. to be the Vice President of Green Effects, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. \"U"U"" ...,,\ ~\SlOC~'" ~ ~ .....to.'" $ !"r;~~ ,~~ ..,~ ... ~,. ':0 -_I ~ :: - I .oI'C'f..... '%. - =...~~~ 0= :. < fVIl"""'- .... = ~ cP. f!JS ~~~~II\ ~~~$ "'" OF ~~ \\,.. """ """, ~nL ~ h. W f<.l1or)1J;t ,4.'l~(; d~ L. W If) vO (,. K.vr (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires <t14j 6/ J zo J I ,20~. GWEN my hand and official seal this ,30 tH day of - 9 - , . Site Locations FW Center English Gardens EXHIBIT A (Maintenance Specifications) 876 S 333rd St 13th Ave SW & 10th PI. SW Definitions Owners; Park. Recreation & Cultural Services; City and/or City of Federal Way and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized representative. Approved means approved by the owner. Approved equal or equivalent. as hereinafter used, shall mean a material or method equal to or better than the required materials or methods. As shown shall mean as shown on the contract drawings, maps or details. Specifications shall mean these specifications, the Maintenance Specifications and all addenda thereto. Grounds maintenance and landscape maintenance means the work and provisions described by the Service Contract and all addenda thereto. Native trees shall mean those trees which are indigenous or natural to the site. Ornamental trees shall mean those tree which are not indigenous or natural to the site, and are located as part of the designed landscape. Maintenance Specifications A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, supervision and transportation to perform landscape maintenance services as specifically outline in the Annual Maintenance Standards. B. All fieldwork shall be performed under the supervision of a qualified horticulturist. Operators will be licensed for all functions, including pesticide, fertilizer, and herbicide application, and flagging card when required. C. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way. D. The Contractor's personnel will conduct themselves on site in a professional manner at all times. E. Each employee will wear or display the company's name and/or logo. Vehicles working on City sites will have company name and phone number displayed. F. The Contract Administrator or appointed designee will inspect work performed by the Contractor on a regular basis. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. G. Equipment intensive work such as mowing, edging and blowing shall not commence before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval) and it is advisable that mowing be performed during non-peak park use. H. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. . . I. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of maintenance operations and management of the site. J. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. K. The Contractor, at his or her expense, will remedy any damage to City structures or plant material due to Contractor negligence in a timely manner. L. Contractor will coordinate with the Parks Dept to service each site on the same day. Preference will be Thursday or Friday. Turf A. Turf areas to be maintained include medians, parks, and mow strips along paths. All turf shall be mowed to a height of 2 inch. Collection of grass clippings is required when large amounts of clumps are left on the turf. B. All grass around posts, fences, trees, enclosure boxes, vaults, valve boxes and other obstructions shall be edged or line trimmed for a neat appearance and kept level with the surrounding turf. C. All turf areas shall be edged at sidewalks, curbs and landscape beds on a schedule specified in the Annual Maintenance Standards. Extreme caution should be used to prevent chipping of concrete by edging equipment, and use proper guards and precautions for public safety. D. All formal turf areas shall be fertilized with an approved fertilizer on a schedule specified in the attached Annual Maintenance Standards. Total application of turf fertilizer shall be applied at the rate of two pounds of nitrogen per 1,000 square feet of turf per year: May shall be a slow release 3-1-2 ratio fertilizer with iron. A 3-2-5 ratio will be used for the November application. Substitutions require prior approval from the Contract Administrator. Shrubs and Ground Cover Beds A. Bed areas shall be kept in a weed free condition. All beds shall be weeded by mechanical and/or appropriate chemical means. The City reserves the right to limit the use of specific herbicides and/or applications of said herbicides. Casoron shall be used only with the approval of the Contract Administrator and only in very limited areas. Applications will be applied according to label instructions and all Laws and safety procedures adhered to. B. Ground cover shall be edged 4 to 6 inches behind all sidewalks, curbs and edges of landscape beds. C. Shrubs shall be trimmed or sheared to maintain desired shape and function as needed to provide a neat, trim appearance. Special attention shall be made to all park entries. . , .. Hard Surfaces A. Sidewalks, curbs, basketball courts, tennis courts and other hard surfaces shall be kept free of leaves, litter and debris. The use of power blowers is acceptable; however, accumulations of debris must be removed from the site, legally disposed of, and not blown onto adjacent property or onto street surfaces. B. All vegetation in sidewalks, curbs and other hard surfaces shall receive an approved herbicide application and be removed at the next site visit. In no case shall any pre or post-emergent herbicides with residual characteristics (i.e. Casoron) be used in these areas. Other Services A. All litter, debris and animal feces shall be removed from the Park; including but not limited to: turf, beds, playgrounds, picnic tables and hard surface areas. The Contractor shall remove litter from the site for disposal. Garbage cans will be emptied to an approved dumping station or City provided dumpster at each visit. Each garbage can will have a new liner installed. B. The Contractor shall remove windfall branches from all areas for disposal. Wind fallen trees are not included in the contract. Leaves, needles, cones and other vegetative material shall be removed from all formal areas. Additional Site Specifications VEHICLES IN PARK No vehicle shall be driven into any Park or onto any turf without prior approval from the Contract Administrator. Trucks and trailers shall remain in parking lots or parked along the adjacent street in a legal manner. ENGLISH GARDENS Do not prune the plants in the entry landscape beds on 13th Ave SW. The neighborhood HOA will be responsible for this task. However, Landscape Contractor will be responsible for removing and properly disposing litter and weeds in these beds. Revised 3-20-08 RFQ Landscape . . ,.:.., i ANNUAL MAINTENANCE STANDARDS PARKS 2008 - 2010 Mowing* 2 4 5 4 4 5 4 3 1 Trimming 2 4 5 4 4 5 4 3 1 Edging 2 4 5 4 4 5 4 3 1 Fertilize 1 1 Ditches 1 1 1 1 1 1 1 1 1 Weeding 1 2 2 2 2 2 2 2 1 Edge grnd covers 1 Herbicide 1 garbage removal litter collection fall cleanup 1 1 1 1 2 2 4 4 5 5 4 4 4 4 5 5 4 4 1 3 3 2 1 1 2 1 1 1 *Mowing - should additional mowings be required, obtain approval and invoice as additional services based upon a contracted hourly rate. **Shrubs/hedges - trim as needed to maintain a neat appearance and not allowed to create a public hazard. To include maintaining a 30" maximum height of the native salal at Wildwood Park. ***Total task - work task total for evaluating monthly payouts for completed work. yrmaint2 - revised. . 3/08 . " Exhibit. \3 Labor rate schedule Green Effects Landscape Services shall provide additional services on the basis of the following rate schedule: Task: Hourlv rate General labor $35.00 per hour . , E~~,\O\\ II C11 KING COUNTY Effective 03-02-08 ********************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code LABORERS. UNDERGROUND SEWER & WATER GENERAL LABORER $36.24 1H 5D PIPE LAYER $36.75 1H 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $13.56 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $28.17 LANDSCAPING OR PLANTING LABORERS $17.87 LATHERS JOURNEY LEVEL $43.79 1M 5D METAL FABRICATION (IN SHOP) FITTER $15.86 LABORER $9.78 MACHINE OPERATOR $13.04 PAINTER $11.10 WELDER $15.48 MODULAR BUILDINGS CABINET ASSEMBLY $11.56 ELECTRICIAN $11.56 EQUIPMENT MAINTENANCE $11.56 PLUMBER $11.56 PRODUCTION WORKER $9.40 TOOL MAINTENANCE $11.56 UTILITY PERSON $11.56 WELDER $11.56 PAINTERS JOURNEY LEVEL $33.94 2B SA PLASTERERS JOURNEY LEVEL $43.10 1R 5B PLAYGROUND & PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8.42 PLUMBERS & PIPEFITTERS JOURNEY LEVEL $57.34 1G SA POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $42.14 1T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (3 YD & UNDER) $44.92 1T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (OVER 3 YD & UNDER 6 YO) $45.41 1T 50 8L BACKHOE, EXCAVATOR, SHOVEL (6 YO AND OVER WITH $45.96 1T 5D 8L ATTACHMENTS) BACKHOES, (75 HP & UNDER) $44.50 1T 5D 8L BACKHOES, (OVER 75 HP) $44.92 1T 5D 8L BARRIER MACHINE (ZIPPER) $44.92 1T 5D 8L BATCH PLANT OPERATOR, CONCRETE $44.92 1T 50 8L BELT LOADERS (ELEVATING TYPE) $44.50 1T 50 8L BOBCAT (SKID STEER) $42.14 1T 50 8L BROOMS $42.14 1T 5D 8L BUMP CUTTER $44.92 1T 5D 8L CABLEWAYS $45.41 1T 5D 8L CHIPPER $44.92 1T 5D 8L COMPRESSORS $42.14 1T 5D 8L CONCRETE FINISH MACHINE - LASER SCREED $42.14 1T 5D 8L CONCRETE PUMPS $44.50 1T 50 8L CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $44.92 1T 5D 8L Page 5 GROUP A ATHL-EQUIP ATHL-REPAI ATHL-SUPPL ATHL-SWlMM AWARD-SUPL BADGE-DCAl BOOK-OTHER FLAG-FLAGS GIFT-GIFTS L1BRARY-SV MAP-MAPS AthletlcJlibr Equip & SuppINoveltiesINotions Athletic Equipment. Athletic Equipment Repair Athletic Supplies Athletic SWim Wear & Supplies Awards, Trophies. Plaques Badges, Decals, Pins, Emblems Book Sellers. V\lholesale & Retail Flags Gifts, Novelty, Souvenir Shops library Supplies & SaMees Maps, Charts & Supplies GROUP H APPL~REPR CONSTR-BlD CONSTR-FNC CONSTR-OTH . HVAC-SERV PLUMB-SERV Building, Constr, Special Trade & Repair Svc Appliance Repair Services General Contractors, Building Construction Fence Construction other Construction HVAC Construction Plumbing SeMce GROUP R FOOD-EQUIP FOOD-OTHER FOOO-SERVC Restaurant Equip. & Services Appliances stove, Refrigerator, Food Equipment Food VVholesale & Retail Catering, Food Service IGROUP I BEARINGS MATR-HNDlG STORAGE-SV STORAGE-CT IGROUP B CEil-COVER CONSTR-ASP CONSTR-HRD FlooR-COVR HVAC-OTHER PAINT-SUPl PlUMB-SUPl ROCKS-SAND TOOLS-HAND TOOLS-POWR TooL-RENTl 81dg Materials, Tools Hardware & Paint Supp. Ceiling TUes. Acoustical Tiles Asphan, Concrete Hardware, Lumber, Nails, Drywall Carpet, Vinyl, WOOd Flooring HVAC Supplies Paints, Thinners, Lacquer Plumbing Supplies, Pipes Sand, Grawl, Rock, Top SoH Hand Tools Small Power TOols Small Equipment & Tool Rental Material Handling, Mach & Fab EquiplSvcJSupp Bearings Material Handling Equipment General Warehousing & Storage Containers; Refuse. Recycling, Security etc IGROUP S POl-EQUIPM POL-SUPPLY POL- TRAINI SAFE-ALARM SAFE-EQUIP SAFE-FIRSV SAFET-FIRE SAFE-OTHER SAFE-SUPPL SAFET-TRNG SECUR-EQUP SECUR-lOCK SECUR-SERV GROUPJ CHEM-JANIT CLEAN-EQUI CLEAN-SERV ClEAN-SUPl FLooR-SERV PEST-CONTR Janitorial & Chemical Equip., Service & Supplies Janitorial Chemicals, Soaps etc Cleaning Equipment. Vacuum etc Janitorial Services Cleaning Supplies, Brooms, Mop etc Carpet Cleaning & Other Floor Serv Pest Control Services Safety & Protection Equipment, Service, Supplies Public Safety Equipment Crime scene, Identification, E\lk:lence Products Police, Criminal Justice Training Alarm Systems & Service General Safety Equipment Fire E>d:inguisher Service FII"e E>d:inguishers All other Safety Items Safety Supplies, First Aid Kits etc. Safety Training services security Equipment, Surveillance Locksmith service & De'llices Security. Guard Service IGROUP K CAMPSITES+ lODGING-Pl RECR-CAMPS RCJOM.BRDHS GROUP C APPLIANCES AUDlo.EQUIP AUDlo.P-A- AUDIQ.SERV AUDlo.SUPL BATIERIES+ COMP-ACCES COMP-HRDWR COMP-HRDSV COMP-INTER COMP-PRINT COMP-SERVE COMP-SOFTW COMP-SRSRV FURN-COMPT PHOTo.EQUIP PHOTo.SERV PHOTo.SUPl TELE-EQUIP TElE-MAINT TELE-RADIOS TElE-SERVC TElE-SUPPL Communication, Elec.& Photo. EquiplSvc1Sup. Electric Household Type; Fans, Laundry Equipmemt Audio Equipment ,Projector, Stereo, TV, VCR Audio Public Address Systems Audio, Video. Equipment Service Audio, Video Supplies; Tapes etc Batteries. Atl Types Computer Accessories & Supplies Computer Hardware Computer Hardware Service Internet Access Service Computer Printers other Computer Support, Training Computer Software Programs Computer Software Service Computer Furniture Photo Equipment, Cameras Photo Dewloping, Camera Repair Photography Supplies, Film etc Telephones. Cell Phones Telecommunication Equipment Maintenance Radios, Pagers Communications/Airtime Telecommunication Supplies Hotels, Rooming Houses, Camps/other Lodging Recreational Vehicles Parks & Campsites Hotels & Motels Sporting & Recreational Camps Rooming & Boarding Houses I GROUP T ElEC-POLES SIGNS-OTHER SIGNS-OUTD Traffic Controls & Signage Signal Poles. lighting Poles Other Types of Signs Outdoor Sons, Banners IGROUPL CHEM-DEICE - CHEM-GRNDS LANDSC-EQP -LANDSCAPNG PARK-EQUIP PLANT-GRAS PLANT-MAINT PLANT-SHRB TREE-SERV Landscaping / Park Equip., Services & Supplies De-Icing Chemicals Insecticides. Herbicides, Pest Landscaping Equipment Mowers etc. Landscaping Services Playground & Pool Equipment Sod, Grass Seed Plant Maintenance Sef\lice, Indoor Shrubs. Plants, Indoor/Outdoor Tree Removal, Arborist Senlice I GROUP U ClOTH-OTHR CLOTH-RNTl LAUNDRY-SV L1NEN-SUPl POL-UNIFRM Uniforms, Clothing & Textite Rentals, SupplSvc Caps, T-shirts, Uniforms etc Rental of Uniforms, Clothing Laundry Service Linen Supplies; Bedding. CordsITwlne. Fabrics, Rugs Police Uniforms & Apparel IGROUPV AUTo.BODY- AUTo.EMISS AUTo.GLASS AUTo.PAINT AUTo.SERVI AUTQ.SUPPl AUTO. TIRES GROUP M ENG-SUPPL Y Measuring, Testing & Surveying InstlSvcslSupp Engineering Supplies Vehicles,Heavy Equip,Marine,AircraftlTow Svc & Supp Automoliw Body WOrk Automotive emission TestlnglService Automoti\e. Glass RepairlReplace Automotiw Painting Automotiw Repair & Maintenance Service Automotive Supplies & Parts Tires and Tubes AUTO- TOWN Automotive Towing Service BOA TS-MISC All KInd. of Boats CHEM-AUTOM Oil, Lubricants, Grease CHEM--GASOL Gasoline, Diesel. Fuel CONSTR-EQU Construction Equipment Backhoe. Tractors etc EQUIP.RENT Heavy Equipment Rental MOTORCYCLE Motorcycles VEHICL-BUS Buses VEHIC.CARS Cars, Station Wagons, Vans VEH~RENTl Vehicle Rental VEH~ TRAil Trailers VEH~ TRUCK PU Trucks. Dump Trucks VEHIe-USED Used Vehicles VEHIC-WASH Vehicle Cleaning IGROUP N CHilD-CARE REHAB-SVCS RESID-CARE SOClAl-SVC Social Services Child Day Care Services ,Job Training & Vocational Rehabilitation Services Residential Care Services IndMdual & Family Social Services IGROUP E ELEC-EQUIP ElEC-L1GHT ElEC-SERVC ElEC-SUPPl UTILlTY-SV Electric Utility Equip., Service Electrical Equipment Lighting Supplies, Lamps, Electrical Fbctures Electrical SarW:es Electrical Supplies Water, sewer, Refuse Sen.4ce IGROUP 0 OFF~COPIR OFF~EQUIP OFFIMACSUP OFF~MAINT OFF~SUPPL MAil-EQUIP MAll-SERVC MAIL-SUPPl PAPER-COPY PAPER-ENVL PAPER-OTHER IGROUP F FURN-OFFIC FURN-HOME FURN-MET Al FURN-RENTl FURN-SERVC FURN-W1NDO Furniture & Fixtures Desks, Chairs, TabJes Sofas, Beds, Chairs FHe Cabinets. Lockers, Partitions, Shelving Furniture Rental Furniture Repair Service Curtains, Blinds. Window Cow ring Office Equip., Service & Supplies Copy / Duplicating Machines Office Equipment; Calculators, Fax, etc. Office Machine Supplies: Toner, Ribbons, etc. Office Machine Maintenance Office. Supplies (EJ<Cluding Pape~ Postage Equipment, Metering Machine Pre-sort Bulk Mail Services Postage Supplies/Stamps Copy Machine Paper Enl/Olopes, stationery Paper All Other Paper Products IGROUPW FlORIST-ST GROCERY-ST HOBBY-SHOP LUGGAGE-ST USED-SURPL GROUP P ART-SUPPLY ADVER-PROD ADVER-SERV BOOK-BINDG PRINT-FORMS PRINT-SERV SilK-PRINT SUBSCRP-SV IGROUP G ARCH-ENGSV CONSUl-MGM CONSUl- TPA HUMRES-SER INSUR -SERV LANG-FORGN LANGUAGESV lEGAl-SERV MEDICAL-EX PROF-SERVI ConsultantslProfessional Services Architectural, Engineering & Surveying Svcs Management Consulting Third Party Administration/Claims Recruitment. Personnel Training Insurance. Broker service Foreign Language Interpreter Sign Language, language Interpreter Legal SerW:e Medical SerW:e Professional Services Not Elsewhere Listed Printing, Publishing, Subscriptions & Allied Industries Art & Drafting Supplies IGROUP X Adl/Ortising Promotional Supplies ACCOUNT-SV Journals, Advertising Service COLLECT.SC Book Binding Services CREDIT.SER Printed Fonn. FINANCE-SV Printing Services Sitk-Screening Services Subscription, Newspaper, Magazine, Directory Gen. March., Surplus & Misc. Retail Stores Aorist Shop Grocery Stores Hobby, Toy and Game Shops Luggage & leather Goods Stores Used Merchandise; Surplus Financial Services AccountinglAudllng SeNees Collection Services Credit Reporting Services Banking, lease SeNtees, Investments IGROUP Q CHEM-SERVI ENVlR.EQUI ENVIR-SERV ENVIR- TEST RECY-SERV Environmental Hazardous Waste Disposal Service Environmental Equipment; Water Quality etc. Environmental, weUand, Land Planning Environmental Testing. laboratories Recycling SarW:es IGROUPY ART-OBJECT ENTERTN-SV MEMBERSHIP REPAIR-SVC SEMINAR-SV TEMP-SERVI TOURS-SERV TRAININGSV TRANSP-SVC TRAVEl-SV Miscellaneous Services Art Objects for Display/Award Winners Entertainment GrouplBands Organization Memberships & Dues Repair Services Not Elsewhere Listed Conferences & Seminars Temporary Help services Trips & Tours All Other Training Courier. Delivery. Moving, Trucking Trawl Services ........ :At ACORD", CERTIFICA TE OF LIABILITY INSURANCE DATE (MfNDOIYYYV) 5/1/2008 PRODUCER (800)362-5220 FAX: (800)496-6054 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AAA Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1957 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Tacoma WA 98401-1957 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: American states Ins Co 19704 GREEN EFFECTS, INC. INSURERB:American States Insurance PO BOX 2005 INSURER C: INSURER D: SUMNER WA 98390 INSURER E: 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 IMTH 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 CONDIl1ONS OF SUCH POLICIES. I MAY Aln,..1 41"". INSR DD'L "8k+~1:O~ ~lfl{i"~~N LIMITS TYPE OF INSURANCE POLICY NUMBER ~ERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ..!.. OMERCIAL GENERAL LIABILITY ~~~J~~~~cel $ 200,000 A - CLAIMS MADE [!] OCCUR 01CH53332710 8/11/2007 8/11/2008 MED EXP (Anyone Ilersonl $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 ~L AGGRrilE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY X ~8r n LOC ~TOMOBLE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ..!.. (Ea accident) $ NolY AUTO A ALL OWNED AUTOS 01CH53332710 8/11/2007 8/11/2008 BOOIL Y INJURY - $ SCHEDULED AUTOS (Per person) - - HIRED AUTOS BODILY INJURY (Per accident) $ - NON-oWNED AUTOS PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ NolY AUTO OTHER THNol CA A("r I. AUTO ONLY: AGG I. EXCESSIUMBRELLA LIABILITY $ 2,000,000 t!J OCCUR 0 CLAIMS MADE AGGR!=GATE' $ $ B ~ DEDUCTIBLE 018U34751450 8/11/2007 8/11/2008 $ X RETENTION ~ 10 000 . . A WORKERS COMPENSATION AND I T~~lUNi:; I OJ.;t- EMPLOYERS' LIABILITY 1,000,000 ANY PROPRIETORlPARTNERlEXECUTIVE E,L EACH ACCIDEIIIT $ OFFICERlMEMBER EXCLUDED? 01CH53332710 8/11/2007 8/11/2008 EL DISEASE - EA EMPLOYEF . 1,000,000 If yes, describe under S~CIAI PROVISIONS below E.L DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERA TIONSIl.OCATIONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is an additional insured, but only if required by written contract, agreement or permit per endorsement CG 86 74 10 02 and CG 86 72 10 02 and CA 71 10 03 07. CERTIFICATE HOLDER CANCElLA nON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ci ty of Federal. Way EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 33530 1st Way S. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT POBox 9718 - Federa~.Way, WA 98063-9718 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE David Wiita/DWI ~~/'9~~~~ ACORD 25 (2001/08) INS025 (0108).08a @) ACORD CORPORATION 1988 Page 1 of2 . "" .. ~ -1lIPRINn!D1'ROlIII1'ltiMCfM. nE ClRIGlM\L ~IMY INCI.UlEAOl:ITl()tW. ~ _ -- CO 88 72 10 02 POUCY NUMBER: Ol-CH-533327-1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDmONAL INSURED ...; OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERA11ONS ThIs endorSement modifies Insurance provided under th~ foflowlng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ,.... of Peraon or Organization: Any person or org. for whom you are required by written contract, agreement or permit to provide completed operations coverage. location and DeKrlptIon of CompIet8d Operatlo~: Your work on all jobs at all locations for the named person or organization. Additional Premium: $350 I (If no entry 8pp88ra above. information required to complete this endorsement wi. be shown in the Declatations 88 applicable to thl8 endorsement.) SECTION n - WHO IS AN INSURED Is amended to lriclude as an Insured the person or organization shown In the Schedule. but only to the extent you are held liable due to "your work- at the location designated and d88Cribed In the schedule of this endor88ment for ttiat Insured and Included In the "product-completed operations hazard-. . CG 86 72 10 02 Includes CopyrIghted Information of ISO Proper1lea. Inc.. 2001 with permission 8aIIIllO IIld III SIIIc:D Iago ....... ...... 01 8aIIIllO CaIpaIdon EP AfNETA2*MNI1Xn-6lllDe188-G License Detail Page 1 of 1 ~1~I]im~ll~it ~t iiK:~[!;]!:!!~ ,~>J1 "~, "':'.,~.IJ~i.~c v & ~ till ~ ~m>~_~. liclnsl QOII'II SJSIIID ::~:~;~ ",'"!_r;i~:;*~:: ,f <mt if ,,<< ~,,0< / k ~ Iffi.h~r)l '" ' "'" License Detail H~lplJ$impI'Q,,~thi$Qnlil'l~$~ryi<;~ License Information: Entity Name: Firm Name: License Type: entity_Iyp~; UBI: GREEN EFFECTS, INC. GREEN EFFECTS Washington State Business Profit Corporation 601908263 Business ID:001 Location ID:0002 Location Address: 1449 THORNTON AVE SW PACIFIC, WA, 98047 Mailing Address: PO BOX 2005 SUMNER, WA, 98390-0440 Yil;L\YAddijiQl1!!lLQ~<ttiQm~ Licenses Held at this location: Nl,IL$eryRetail~ City of Sammamish General 6l,1$!ne$$ License Status Active Actbre Expires 10/31/2008 10/31/2008 First Issued 10/04/2007 06/06/2003 Governing People: DAN D WISLOCKER DENNY D WISLOCKER Regi~terec:tlr~qeN~me$: GREEN EFFECTS Information Current as of 04/21/2008 4:28AM Pacific Time This site is limited to searching for business and professional licenses issued by the Department of Licensing or through the Master License Service. You may wish to click on OTHER LICENSES to check for information on licenses issued by other agencies. Department of Licensing Home Privacy Policy Other Licenses Contact Us Use of lists of individuals provided on this site for commercial purposes is prohibited under Chapter 42.56 of the Revised Code of Washington. https://fortress.wa.gov/dol/ dolprod/bpdLicenseQuery /lqsLicenseDetail.aspx?SessID=5208... 4/21/2008