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2016-2017 Nuisance Abatement Services Agreement AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and Moss Treescapes and Nursery for Nuisance Abatement Services This Agreement is entered into March 18, 2016 by and between the City of Salina, Kansas, (the "City") and Moss Treescapes and Nursery/Bob Moss,Owner(the"Contractor"). Recitals A. The City desires to contract for nuisance abatement services for the purpose of removing weeds and vegetation overgrowth, appliances, trees or tree limbs, debris and trash, and snow and ice; and securing of buildings and fences, all in compliance with local regulations. B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for Nuisance Abatement Services, as amended and supplemented from time to time. • "City"means the City of Salina,Kansas. "Contractor"means Moss Treescapes and Nursery(Bob Moss,Owner)and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A: Responsibilities of the Parties V Exhibit B:Term; Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Contractor agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its • Contractor Services(2013-01-23) • subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide, and licensed in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. • 6.3. Certificate of Insurance. Following the execution of this Agreement and prior to the commencement of any work hereunder,the Contractor shall provide the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, errors, mistakes, omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause,upon 10 days advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services as have been satisfactorily performed through the date of termination,but no compensation shall be earned after the effective date of the termination. Within five (5) days of any such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Contractor pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 10. Default. If either party fails to comply with any term of this Agreement within 10 days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed-an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 2 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party,provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk P.O.Box 736 Salina,KS 67402-0736 CONTRACTOR:Moss Treescapes and Nursery/Bob Moss,Owner P.O.Box 2807 Salina,Kansas 67402-2807 14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement.The records shall be maintained during the term of this Agreement,and for a period of three(3)years from the date of the final payment under this Agreement(the"Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims and audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to examine,audit,and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Agreement,does so as an independent contractor. . The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its services hereunder. The sole'interest and responsibility of the City is to see that the services covered by-this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations, and the filing of all necessary documents,forms,or returns pertinent to the foregoing. 17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal,state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors,if any,agree that: 3 (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Contract because of race,sex,religion,age,color,national origin,ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Contract because of race,sex,religion,age,color,national origin,ancestry or disability; and (6) The Contractor shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Contractor: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall' mean the participation or approval of the City Manager,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or againsi any party. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 4 28. Persons Bound. This Agreement shall extend to and bind the heirs,executors, administrators,trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation-of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used,singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SAUNA,KANSAS By: 1. .�, ti . '•n :.I: . •, ayor , Attest: iLk• 1 �, Sh. W'cks,CMC,City Clerk Form: ;. A:., T al Co el A, By: Bob Moss Owner: Moss Treescapes and ery 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES From time to time during the term of this Agreement, and as designated and instructed by the City pursuant to a written work order, the Contractor shall provide all equipment, labor, and materials to perform the following nuisance abatement services on residential and commercial properties within the City of Salina: A. Abatement of Grass and Weeds. The Contractor shall be responsible, as directed by the City, for removal of nuisance vegetation from properties, which may include: (1) cutting of heavy and overgrown grass and weeds that exceed eight inches (8") in height, including all sucker growth; (2) trimming of overgrowth on sidewalks and curbing, which must be trimmed to the concrete edge; and (3) disposal of weeds and overgrowth on departure. The Contractor's grass and weed abatement services shall comply with the following requirements, unless otherwise specified by the City: i. Prior to abatement, the Contractor shall remove all cans, bottles, paper products, and other debris from the property, and dispose of the items in the appropriate area, such as the landfill or the hazardous waste facility. ii. Cut vegetation to a height not to exceed 3" from the ground. iii. Cut vegetation up to the street, alley, or property lines, including ditches, alleys or easements (includes all improved or unimproved areas within the property lines). iv. Trim around trees, shrubbery,utility poles, sidewalks and driveways, fence lines, foundations, walkways, and lawn ornaments without harm to item. v. Remove clippings from sidewalks, driveways, street and alleyways upon departure to the Municipal Solid Waste Landfill or mulch the material into the existing grass area and remove all windrowed grass clippings. vi. Mow excessive clippings multiple times to keep windrows from forming, and spread clippings throughout the lawn areas. Large commercial lots must remain in a presentable condition without windrowed clippings. vii. Leave the property with an overall orderly appearance. B. Debris Abatement and Disposal. All debris and trash on the property as designated by the abatement notice will be collected and removed, including household trash and debris, clothing, furniture, or vehicle parts. All such items shall be removed from the property and deposited at the Municipal Solid Waste Landfill or properly recycled as indicated below. To offset mileage and equipment costs, a landfill fee or a dump run fee may be charged and reimbursed for all items disposed of at the landfill, subject to the Contractor's submittal of an original receipt from the landfill. The disposal fee may be charged on each property cleared unless the Contractor is able to combine dump runs for more than one property. A-1 The Contractor's debris abatement and disposal services shall comply with the following requirements,unless otherwise specified by the City: i. Remove only the items specifically mentioned in the work order. The Contractor may not take possession of any item whose value may be assessed for a greater value than scrap value. The property owner's personal possessions, other than specific items listed on the work order, are to remain on the property and appropriately indicated by photo at time of invoicing. ii. Items removed containing CFCs must be taken to a licensed Freon/CFC disposal facility. iii. The Contractor is responsible for transporting all materials in safe and appropriately covered vehicle so as not to displace items upon the streets or alleyways. iv. All landfilled items must be taken to the Salina Municipal Landfill, 4292 S. Burma Road, or an appropriate disposal facility appropriate for the materials. v. The Contractor may recycle building materials for re-use by not-for-profit agencies. Recycling may be completed at the time allowed for abatement disposal with copies of all recycling receipts attached to the invoice for desired payment. vi. Receipts for evacuation and disposal shall be submitted at the time of invoicing. C. Building,Fences, and Appliances. The Contractor shall be responsible, as directed by the City, for securing buildings and fences, which may include the installation of plywood or waferboard over doors and windows or exterior basement entrances, and the removal or replacement of fencing materials including posts and fence boards with like materials. The Contractor shall also be responsible, as directed by the City, for removing appliances from properties, including unsecured refrigerators, freezers or other appliances. All items removed are to be removed from the.property and will be deposited at the Municipal Solid Waste Landfill, or properly recycled as indicated above. D. Tree and Limb Removal. The Contractor shall be responsible for tree and limb removal, as directed by the City, which may include: (1) removing whole trees to the ground level; (2) removing limbs hanging over sidewalks, driveways and alleyways; and (3) trimming of bushes on properties. The Contractor may be required to use a bucket truck or man-lift and other specialized equipment for such services. Trees or limbs removed will be removed from the property and deposited at the Municipal Solid Waste Landfill. E. Snow and Ice Removal. The Contractor shall be responsible, as directed by the City, for clearing of sidewalks and driveways of fallen snow or ice buildup. If compacted snow and ice cannot be removed by hand, the Contractor may be required to apply sand, salt or snow- melting chemicals in a manner that will not disrupt future growth of adjacent vegetation. A-2 F. Equipment Requirements. The Contractor shall provide all equipment and tools necessary for the performance of abatement services under this Agreement. The Contractor will not be reimbursed for purchase or rental of equipment, unless the Contractor obtains written approval from the Code Enforcement Officer before commencing work. Equipment needs will vary from project to project,but may include: i. Push or Riding Mower for small or larger residential lots; ii. Riding Mower or Brush Hog type equipment for commercial acreages; iii. Brush Hog or Flail Mower for large acreages or heavy grassy growth; iv. Weed Whip and weed blower for trim work and removal; v. Front Loader or Skid Loader for large debris removal; vi. Chain saw, shovels,rakes, and forks for small debris removal; vii. Hand Tools for securing buildings: hammer, drill, pry bar, screw drivers, pliers, adjustable wrenches, hand saw or circular saw, step or extension ladder, post hole driver, shovels, etc.; viii. Personal safety equipment including hard hats, reflective vests, gloves, dust masks and coveralls, and street safety cones as needed; ix. Snow shovels,blades, or snow thrower; and x. Tree trimming work such as chain saw, hand saw, ladders, rakes, and shovels. G. On-Site Conduct. The Contractor and its agents and employees shall perform all services under this Agreement in a professional manner and shall exhibit good construction techniques. In addition,the Contractor's services shall conform to the following requirements: i. All workers shall be suitably attired and use appropriate safety equipment as provided by the Contractor. ii. The Contractor shall comply with federal, state, and local laws regarding the transportation and disposal of all waste materials and the application of any chemicals associated with the work order. iii. The Contractor shall provide appropriate personnel trained in the task at a hand, all of whom shall perform accordance with the specifications and requirements contained in this Exhibit A. iv. Workers may not enter any structure, including porches, decks, sheds, garages, and accessory buildings, to perform duties as prescribed in the work order unless securing such structure and authorized by an Administrative A-3 Search Warrant or unless under the direct supervision of a Salina Municipal Police Officer or Code Enforcement Officer who is present at the scene. H. Denial of Access; Search Warrants and Court Orders. If the Contractor is denied or ordered off the property by the owner or occupant, the Contractor shall immediately remove all equipment, leave the premise, and contact Neighborhood Services staff or the Code Enforcement Officer. If the Contractor is denied access or ordered off the property, the Contractor is allowed to receive a stipend of one (1) hour pay for one (1) employee at the contracted rate in accordance with the type of work that was scheduled to be performed. If the work order is accompanied by an Administrative Search Warrant or other court order, a uniformed law enforcement officer or the Code Enforcement Officer will accompany the Contractor to the property to perform the work at an agreed upon time coordinated by Neighborhood Services staff. L Required Work Documentation. At each location where work is performed, the Contractor shall take one or more reasonably detailed color digital photo(s), at its own expense, BEFORE and AFTER the performance of all task(s) set forth in the work order. For each location worked,the photos must comply with the following: i. The photos must generally demonstrate that the work has been performed pursuant to the work order; ii. The photos must be digitally time and date stamped; iii. The photos must include sufficient detail to confirm the location of the work, such as the street address number, front façade, accessory building in relation to the main structure, or a landmark; and iv. Additional photos shall be provided of any items that are deemed abatable, but were not specifically mentioned on the work order. Photos must be submitted via electronic disc or email, and must be received by the City before any payment will be made. At the time of submission, the photos must be identified by address, work order number, or project number. J. Non-Exclusive Contract. It is hereby agreed and understood that this Agreement does not constitute an exclusive right of the Contractor to receive any or all work orders that may be generated by the City in conjunction with the City's abatement of public nuisances; that additional pre-qualified contractors may be utilized during the term of this Agreement as deemed necessary to meet the City's requirements; and that the City may procure services provided under this Agreement utilizing other procurement instruments. A-4 EXHIBIT B TERM; SCHEDULE A. Term. The term of this Agreement shall be for a period of one year, commencing April 1, 2016, and ending March 31, 2017. B. Schedule. The Contractor shall complete each work order within 48 hours of receipt, unless otherwise specified by the City. If the Contractor is unable to meet this requirement, the Contractor shall immediately contact the City's Neighborhood Services Department to request reassignment or an extension of time allotted. No work shall be performed between the hours of 10:00 p.m. and 7:00 a.m., Monday-Saturday, or between 10:00 p.m. and 8:00 a.m. on Sunday. B-1 EXHIBIT C BASIS OF PAYMENT 1. Compensation. The City agrees to compensate the Contractor on the basis of the actual hourly rates shown on the Contractor's attached fee schedule, plus any reimbursable expenses incurred by the Contractor and allowed under this Agreement. The Contractor will not be compensated for work that is not requested in the City's work order. 2. Invoices. The Contractor shall notify Neighborhood Services staff once each work order has been completed. Prior to payment, and within ten (10) days after completion of each work order, the Contractor shall submit to the City a detailed invoice for work performed and reimbursable expenses actually incurred. Invoices may be faxed to Neighborhood Services, but all original documentation must be delivered to the attention of Neighborhood Services, at 300 West Ash, Room 201, Salina, Kansas, within twenty-four (24) hours. Each invoice must be accompanied by the required photo documentation and any landfill receipts for which the Contractor is requesting reimbursement. Each invoice shall be marked "COMPLETED" and shall identify the City's service request number, the property address where work was performed, and the date of work completion. 3. Payment. Invoices properly submitted before 8:00 a.m. on Tuesdays will be paid on or before the following Wednesday, subject to additional time for federal holidays. If the City disputes any items in the Contractor's invoice for any reason, the City may temporarily delete the disputed item and pay the remaining amount of the invoice. The City will promptly notify the Contractor and request clarification and/or correction. Following resolution of any dispute, the Contractor will include the disputed items as resolved on a subsequent invoice. C-1 EXHIBIT D INSURANCE REQUIREMENTS (Nuisance Abatement Services) Pursuant to Section 6 of the Agreement, the Contractor shall obtain,pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation policy to be obtained by the Contractor hereunder, all policies shall name as an additional insured the Customer, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the Customer, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Agreement, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. 2. Specific Coverage Requirements. A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent and shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $500,000 • General aggregate $1,000,000 • Personal and Advertising Liability $500,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Agreement. D-1 B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit $500,000 C. Workers' Compensation/Employer's Liability. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee D-2 • l ® DATE(MM/DD/YYYY) AC R° CERTIFICATE OF LIABILITY INSURANCE 03/01/2016 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(les) 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 CONTACT Daran R Neuschafer Daran R Neuschafer PHONE FAx A/C No Extr (785)827-5150 lac Noz (785)827 7441 1528 E Iron Ave E-MAa dneuscha @amfam.com Salina, KS 67401 AnDRP.. (785)827-5150(080/662) INSURER(S)AFFORDING COVERAGE NAIC p INSURER A:Capitol Indemnity Corporation INSURED INSURER B:American Family Ins Moss Treescapes and Nursery LLC INSURER C: Robert Moss INSURER D: Po Box 2807 INSURER E: Salina, KS 67402 INSURER F: COVERAGES I CERTIFICATE NUMBER: I REVISION NUMBER: g 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. P1 INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR MD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS i AUTOMOBILE LIABILITY BODILY INJURY(Per person) $ 250.E ❑ANY AUTO BODILY INJURY(Per accident) $ 500,000 B ALL OWNED x SCHEDULED 15X7542503 08/20/2015 08/20/2016 PROPERTY DAMAGE $ 250.000 ❑AUTOS ❑AU70S (Pe ac''dPntl ❑HIRED AUTOS ❑ NON-OWANED BODILY INJURY $ ❑ ii ❑ $ Q COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 500,000 ;1 t ❑ ❑ CLAIMS-MADE Q OCCUR DAMAGE SO RaENNTED occurrence) $ 100,000 ❑ MED EXP(Any one person) $ 5,000 A ❑ X X CP02370544 03/01/2016 03/01/2017 PERSONALS ADV INJURY $ 500,000 F1 GENERAL AGGREGATE $ 1.000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,030 cl ❑POLICY ❑ PROJECT ❑ LOC $ DOPIER 'i ❑UMBRELLA LIAB ❑ OCCUR • EACH OCCURRENCE $ ITa ❑ EXCESS LIAB ❑CLAIMS-MADE AGGREGATE $ 0 DED ❑RETENTION S $ - WORKERS COMPENSATION ❑ STA IITE ❑OTHER 1 AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVF�� E.L.EACH ACCIDENT $ 100,000 t B OFFICER/MEMBER EXCLUDED? l I N/A 15X7542503 03/01/2016 03/01/2017 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 It yes,describe under Fi DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 it III DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) '; Endorsement CG2503 has been added. ti? Waiver of subrogation to be issued upon approval from commercial underwriting. City of Salina, its agents, representatives, officers, officials shall be listed as additional insureds. 1 1 CERTIFICATE HOLDER CANCELLATION R City of Salina 300 W Ash SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 16 THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN Salina, Ks 67401 ACCORDANCE TH THE POLICY PROVISIONS. r i WA AUTHORIZED REPRESENTATIVE o Kelly Rundell ©1988-2014 ACORD CORPORATION.All rights reserved. j ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD PI j-- s 3 l 81 i cD