HomeMy WebLinkAboutPW07-191 - Original - Arco Construction Inc. - Install 4" Domestic Water Serivce Line at East Hill Elementary - 08/23/2007 R e co rd s M a n.,-5 ge me'r U
KENT Document
W/.SHINGTGM
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact City Clerks Office.
Vendor Name: Vendor Number:
JD Edwards Number
Contract Number: �Cva7"
This is assigned by Clerk's Office
Description:
Detail: /
Project Name:
Contract Effective Date: d'-023-O 7 Termination Date: Y-e2 Y-U 7
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department: A�
Abstract:
5 Public\RecordsManagement\Forms\ContractCover\ADCL7932 07/02
KENT
WA.� IN3TON
PUBLIC WORKS AGREEMENT
between City of Kent and
Arco Construction Inc.
THIS AGREEMENT is made by and between the City of Kent. a Washington municipal corporation
(hereinafter the "City"), and Arco Construction Inc organized under the laws of the State of Washington,
located and doing business at 10225 SE 224th Street, Kent, WA 98031, Phone: (206) 478-7744/Fax: (425)
254-9152, Contact Rod Schoon (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications.
The Contractor shall install a new 4-inch domestic water service line at East Hill Elementary. For
a description, see the Scope of Work which is attached as Exhibit A and incorporated by this
reference
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are performed
i
IL TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement Upon the effective date of this Agreement,
Contractor shall complete the work described in Section I by August 24, 2007.
111. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Forty Nine
Thousand, Eight Hundred Thirty Dollars ($49,830 00), plus any applicable Washington State Sales Tax, for the
work and services contemplated in this Agreement The Contractor shall invoice the City monthly The City
will pay for the portion of the work described in the invoice that has been completed by the Contractor and
approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection
and acceptance of the project.
A. Performance Bond. Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the
City a performance bond for the full contract amount to be in effect until sixty (60) days after the
date of final acceptance, or until receipt of all necessary releases from the State Department of
Revenue and the State Department of Labor and Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
PUBLIC WORKS AGREEMENT- 1
(Over$IOK, under$50K, and Performance Bond)
B. Retamag . The City shall hold back a retamage in the amount of five percent (5%) of
any and all payments made to contractor for a period of sixty (60) days after the date of final
acceptance, or until receipt of all necessary releases from the State Department of Revenue and
the State Department of Labor & Industries and until settlement of any liens filed under Chapter
60 28 RCW, whichever is later The amount retained shall be placed in a fund by the City
pursuant to RCW 60 28.011(4)(a), unless otherwise instructed by the Contractor.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work Defective or unauthorized work includes,
without limitation. work and materials that do not conform to the requirements of this
Agreement: and extra work and materials furnished without the City's written approval If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, and Contractor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
D. Final Payment Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER
OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT
IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall
include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
PUBLIC WORKS AGREEMENT-2
(Over$]OK, under $50K, and Performance Bond)
If the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed After termination, the City may take
possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction
VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work.
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement If the Contractor determines, for any reason, that a change order is
necessary, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or
should have known of the facts and events giving rise to the requested change If the City determines that the
change increases or decreases the Contractor's costs or time for performance, the City will make an equitable
adjustment The City will attempt, in good faith, to reach agreement with the Contractor on all equitable
adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City before actually receiving the written change order. If
the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Contractor
as provided in this section shall constitute full payment and final settlement of all claims for contract time and
for d trect, i ndirect and c onsequential c osts, i ncluding c osts o f d clays r elated t o any work, e ither c overed o r
affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the
City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
PUBLIC WORKS AGREEMENT-3
(Over$10K, under$50K, and Performance Bond)
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information.
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4 The estimated dollar cost, if any, of the claimed work and how that estimate was
determined, and
5 An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records The Contractor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination)
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-
year warranty bond in a form and amount acceptable to the City The Contractor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In
the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts
will not be acceptable When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
PUBLIC WORKS AGREEMENT-4
(Over$IOK, under$50K, and Performance Bond)
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached
Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to
avoid any of these covenants of indemnification
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
perfonmance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
PUBLIC WORKS AGREEMENT-5
(Over$IOK, under$SOK, and Performance Bond)
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
y p Y
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product
B. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorneys fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
XII of this Agreement
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment.i ent. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the teens
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement All of the above documents are hereby made a part of this Agreement
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
PUBLIC WORKS AGREEMENT-6
(Over$IOK, under$50K, and Performance Bond)
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONTRACTOR: CITY OF KEN
By. A4,� By, Le�
(signature) (signature)
Print Name:_ ; r•1 S IN 01 Print zette Cooke
Its p r.e �. t-E+�"1 Its Ma or
(Title) itlel
DATE. —7 / j 3 DATE: 8 3 7
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Rod Scboon Larry R. Blanchard
Arco Construction Inc. City of Kent
10225 SE 224th St 220 Fourth Avenue South
Kent, WA 98031 Kent, WA 98032
(206) 478-7744 (telephone) (253) 856-5500 (telephone)
(425) 254-9152 (facsimile) (253) 856-6500 (facsimile)
APP ` VED AS TO FORM:
1441
ent aw eptent
Arco Construction-Water Meter Upgrade/Reynolds
PUBLIC WORKS AGREEMENT-7
(Over$IOK, under$50K, and Performance Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of
the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all of part of the
Agreement,
The questions are as follows-
1 I have read the attached City of Kent administrative policy number 1.2
2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability
3 During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities
5 Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Pi ime Contractor complied with the requirements as set forth above
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of J,, I Y , 200_�7
By (Cq n\ rill
For A rco
Title
Date 7l�_7 ,
EEO COMPLIANCE DOCUMENTS - l
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER- 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that 1 complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200_
By:
For-
Title:
Date:
EEO CO_VIPLIANCE DOCUMENTS-3
NOTE:
11 MECHANICAL JOINT SLEEVES SHALL BE HEAVY DUTY
CAST DUCTILE IRON, HAVE END AND SIDE GASKETS.
CONCRETE CONCRETE
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HEAVY DUTY CAST DUCTILE
IRON TAPPING TEE
2) TAPPING SLEEVE k VALVE ASSEMBLY TO BE PRE—APPROVED
BY THE ENGINEER PRESSURE TESTING SHALL BE APPROVED
BY CONSTRUCTION INSPECTOR PRIOR TO TAPPING. FOLLOW
AWWA REQUIREMENTS FOR DISINFECTION OF TAPPING SLEEVES
(AWWA STD. C651)
CONCRETE CONCRETE
BLOCKING BLOCKING
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PLAN ELEVATION
STEEL TAPPING TEE
NOTE. WET TAPS SHALL NOT BE CITY OF KENT
ALLOWED ON SAME SIZE ENGINEERING DEPARTMENT
OR SMALLER MAINS KENT TAPPING SLEEVE AND
w„„,,.,, VALVE ASSEMBLIES
DESIGNED J9 SCUE NONE STANDARO DETAIL
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CHECKED W.I DATE 6-11-99 3-1 6
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DESIGNED DD SCALE NONE STANDARD DETAIL
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CHECKED DATE 10-31-03 Z C/a
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EXHIBIT A
PUBLIC WORKS
Larry R Blanchard, Director
OPERATIONS DIVISION
Don C Millet, Manager
s
KENT Phone 253-856-5656
WA$MINGTON Fax 253-856-6600
Mailing Address* 220 Fourth Avenue South
Kent, WA 98032-5895
Location Address 5821 South 240th
6/6/07
East Hill Elementary 3 inch domestic water meter upgrade
Scope of Work
The contractor shall install a new 4"domestic water service line, from the existing 10"
main to the meter vault, install new vault and meter assembly. At the vault it is reduced to
a 3"water meter assembly and tied in on the customers existing service line.
To include the following
• Vault: use Utility Vault 4484 LA or Equivalent with double locking hatches
• 4" resilient wedge gate valve at water main on service line/ May cut in tee or wet
tap.
• Sensus SRH compound meter
• Two consecutive samples, 24 hours apart, must show no coliform presence .
• Work shall be completed between July 1 S`2007 and August 24`h 2007
• Backfill shall be 100% 5/8" crushed.
• Traffic control plans must be approved before work can take place in right of
way.
• Deletion of vault, meter assembly and old service line at water main.
• All work shall comply with City of Kent standards
FROM :RRCOMASTINC FAX NO. :4252549152 Jun. 28 2007 09:33AM °1
Arco Construction Inc.
12225 SE 224'ST
Kent,WA 98031
PH (206)478-7744
Scope of Work
ATTENTION: Steve Rendoyels
City of Kent
Water Dept.
East: Hill Elementary 3"water meter
Price includes ALL materials and labor ro install 4" valve and 4'DI to utility 4484
LA. Reduce to 3" DI install meter assembly connect meter to existing service, Site
restoration back fill to be 5/8 crushed in right of way traffic control, testing,
removal of old valve at main, crush exi,;ting vault and fill with suitable material,
replace side walk section
Oize does not include permits, stating geo-Z!ch services
$45800.00
+Tax $4030.00
Total $49830.00
If you have questions or comments Caff Rgd-206-769-2311
sG�iao n
FROM :ARCOCOhlST I NCFAX NO. :4252549152 Jun. 27 200 e e r•vjtsr f r J
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may anse from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury The City
shall be named as an insured under the Contactor's Commercial General
Liability insurance policy with respect to the work performed for the City
3 Excess Liability insurance covering both the Commercial General Liability
and Automobile policies.
4. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits-
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $300,000 per accident
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Excess Liability insurance shall be written with limits no less than$1,000,000
per occurrence in excess of the CGL policy cited above
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability
EXHIBIT B (Continued)
1. The Contractor's insurance coverage shall be primary insurance as respect the
City Any insurance, self-insurance, or insurance pool coverage maintained
by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty(30) days prior written notice
by certified mail, return receipt requested, has been given to the City
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf of
the contractor and a copy of the endorsement naming the City as additional
insured shall be attached to the Certificate of Insurance The City reserves
the right to receive a certified copy of all required insurance policies The
Contractor's Commercial General Liability insurance shall also contain a
clause stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the limits of
the insurer's liability.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
contractors as well as to any temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the other, for
damages caused by fire or other perils to the extend covered by Builders Risk insurance
or other property insurance obtained pursuant to the Insurance Requirements Section of
this Contractor other property insurance applicable to the work The policies shall
provide such waivers by endorsement or otherwise
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current AM Best rating of not less than
AN IL
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work.
EXHIBIT B (Continued)
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
{
08/10/2007 11 03 4254234002 NEVILLE 9 NEVILLE PAGE 02,
ACORD. CERTIFICATE OF LIABILITY INSURANCE aAz�Mzoc''
PRODUCER (425)483--6822 FAX. (425)483-4002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
xe ri11e 6 N+Yville Inaur3iLce ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND i
18311 Bothell-Everett Rwy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Sixa to 160
MLtll Crook WA 98012-5241 INSURERS AFFORDING COVERAGE NAIC# _
INSUREo INsuaER a AMERICAN SAFETY INDEMNITY COMPANY
f:rcb Conatructicna Inc, INSL'RL) E_
10225 SE 224th St INsuHERc __
Kent WA 98031 wsuaEaE
EIRAGER
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING AN!
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
4
INSR ADO'L P•�
II Y E P LILY 6% N LIM163
TYPE OF INSRAN�E POLIGT NUMPER I I AT61 .I
GENERAL LIABILITY EACHQCQUM2tjGE $ 1100(1
X COMMERCIALGENERALLUSILIT'Y DAMAGE TO RENTED an0
PREMISES RENTED
�urrsnrn) __
A CLAIMS MADE ®OCCUR lOfi.SR- 7.17.T-00 04/20/2007 04/20/2008 IIEDFXP n ene Den s S
1,00gL 0,
T moor tic
GUN'L AGGREGATE LIMIT APPLfEr PER PRODUCTS_ 2,0OC` :0
X 1 PPG-
__e
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
ANY AUTO (Ea acddantT $
ALL OWNrD AUTOS NS , � A$A
PDILYJunY
SCHEDULED AUTOS SURLUS UNE AGE 11iEIN C S
CTON,w,%o IN 7- (Per Delaon)
HIRED AUTOS 0FpE STATE OFWAN�„ PANY F�v�Jt.�t E YT''ik IS)')4T 1SSUM V A 4 BODILY INJURY x
NON
•oWNEO AvrOs Y(ASNINGTQN SERIF IWSU" �CEC6F�MI�SK)N ANON IPuracadaml
Bpi HI N TUN SI BY ANY D iAW�N STATE UARAN"
PROPERTY DAMAGE $
(Aar pcddanq
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S -_
ANY AUTO OTHER THAN a '
AUTOONLY AGG S _
EXCESSlUMRRFLLALIAISIQTY EACH QrC1JRRENCE771 v '
OCCUR CLAIMS MAOE $
S t
DEDUCTIBLERP�ENT S _
I `
WORKERS COMPENSATION AND WC STATU- OTti-
EMPLOYERS LIABILITY ER
ANY PROPRIETOWPAPTNEMTXECUTNE P.L.EACHA N
omcER'MEMBER EXCLUDED?
E
If Yes,ueecnbe under LbISEASE-EA EMPLOYEES __
V0.R320IQA G.L.OISEASC-POLICYLIMIT 9
OTHER _•
DESCRIPTION OF OPERATIONSILOCArONSNEHICLESMXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, IF REQUIRED IN A WRITTEN CONTRACT WITH THE NAMED INSURED, PER FORM ASIC p
TSR 00210 103199), COPY ATTACHED.
CERTIFICATE HOLDER CANCELLATION
(253)3'73-9222 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'HE
CITY OP KENT EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO '—JL
220 4TH AVE S 30 DAYS WRITTEN NOTICE TO THE CEKTIFlCATE HOLDER NAMED TO THE LEFT,:UT
KENT, WA 98032 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 1 HE
INSURER fTS AGENTS OR REPRESENTATIVES.
Matt Gunther-Agent LL&4W7 �"
ACORD 25(2001108) Q ACORD CORPORATION 198£<
I IIS nnc-------- AI D
08/22/2007 10:58 4254834002 NEVILLE & NEVILLE PAGE 01/02
A CORD DATE fMMIDDIYYYY
CERTIFICATE OF LIABILITY INSURANCE 6�22/zoos
PRODUCER (425)483-8822 FAX: (425)483-4002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Neville 6 Neville Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
18311 73othell-Everett Hwy ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Suit.2 160
Mz11 Creek WA 98012-5241 INSURERS AFFORDING COVERAGE NAIC R
INSURED INSURERA,Al2RICAN SAFETY INDEMNITY COMPANY
Arco Constructions Inc INSURER&NATIONAL UNION FIRE INS CO OF PA
INSURER C
10225 BE 224th St. INSURER
Kent WA 98031 INSURERS.
PPYERAGES
I HE HULIL,IEb OF INbUHANGI, Lib I EU F36LUVV HAVE HELN IbbUEU I IHE INSURED NAMED ABVVE FOR THE POLICY PERIOD INDICATED.NOTMTH57ANDING At
REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA .
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIE
R AT I V PAIL)
INSR ADDI TYPEOFINSURANCE POLICY NUMBER P)ATP MMEDDVE 6LICYE P TION LIMITS
GENERAL LIABILITY EACH OCCURRENCES 1,OOO,U t
DaMAY:E Tn X COMMERCIAL GENERAL LIABILITYRENTEDY MI a Aeeu a:e $ 50,O t
A CLAIMSMADE 7 CCCUR IOTSR-GL1117-00 04/20/2007 04/20/2008 p zer3un q 5,0
PERSONAL&ACV INJURY $ 1,000,01 ?'
— - E 2,000,0_
GEN L AGGREGATE LIMIT APPLIES PER 4 2,000,0t+U
X POLMY m pR0-
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i
ANY AUTO (Ea ac Idant) $ —_
ALI.OV,NEO AUTOS THIS CONTRACT IS R%STF ANDDLNEREEASh BODILY INJURY
5CHEDULEDAV7Q$ SURPLUS(ii4S LDJEW? �N � THE!NSUR040 CODE (Per pereon) E
0!T?4E STtiTE OF 1'd,43Hi1J3T N,E 4AC7E0 fN 1 S 7,
HIRED 4LITn5 915 NOT ISSUED BY A C04!PA Y REGUL4TED 0Y �E (Per S 'INJURY E
NON-OWNED AUTOS WASHINGION STATE INSURAN C00!AV,!SIGNER NO 15 Pe ocldem)
NUT PROTiICTED BY ANY FUND IIN TON STATE GUA ANTY PROPERTY DAMAGE A
(Per ecctuen,)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO CTHERTHAN rY S _
AUTOONL" AQG E i
EXGESS'UM2RELLA LIABILITY & 1,000,CDC
X 0c0vn �CI ImsMADE AGGREGATE a 1,400,Doc
B DEDUCTIBLE IBE2421090 08/15/2007 04/20/2008
RETENTION
S
WORKFRSCOMPENSATTON AND WC STATU- DTH• I
EMPLOYERS LIABILITY ANY PROFRIET0R7PARTNe"xt!cUTNE E L EACH AOG IDENT E
OFFICEWMEMBER EXCLUDED7
If yes,deecrlbe under E L DISEASE•EA EMPL YFE$
SPECIAL PROVISIONS!»law EJ,,DISEASE-POLICY LIMIT S
oTm
DESCRIPTION OF OPERATIONSdLOCATIONSNEHICLESIEXCWSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 3
CERTIFICATE 1401,DE1k IS AN ADDITIONAL INSURED, IF REQUIRED IN A WRITTEN CONTRACT WITH A'= NAHZD INSURED, PER FORM ASIC i
TSR 00210 (03/99) , COPY ATTACHED. 1
CERTIFICATE HOLDER CANCELLATION
(253)373-9222 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL4D BEFORE THC_
CITY OF TCENT EXPIRATION DATE TEBEQF, TnE ISSUING IN51JRER WILL LNUCAVOK IU MAIL
ATT22 C CHERYL 3 0 DAYS WRITTEN NOTICE TO THE CERTIPICATE HOLDER NAMED TO THE LEFT BU f
22� 4 TH AVE $RENT, WA 98032 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON ll'
IN$LI ITS AGENTS OR REPRESENTATIVES
Matt Gunther-Agent
ACORD 25(2001108) VACORD CORPORATION 193P
INS025(cnoe)oea PeOe,
COMPANY NAME: FARMERS INSURANCE COMPANY OF WASHINGTON,MERCER IS,WA
EVIDENCE OF INSURANCE FOR LIENHOLDER INTERESTS-WASHINGTON
INSTJT=VS NAME&ADD tESS POLICY,\o 7916915-43-31
KAMALJIT SINGH POLICY EDI I ioN 3RD
10225 SE224TH ST ErrunivcDAic 04/14/2007
KENT WA 9803 1-32 08 EXPIRAIIO�DAIL 0223/2008
7Ar]RAT70NTIME 1201 AM
ISSIQVG 01"nCL
NORTHWEST SERVICE CENTER AGEr r Harmohn Dhaliwal
P O BOX 23503 TIGARD,OR 97281 AGEN3 NO 79 43 384 AceNTPHeNE (253)373-1737
DESCRIPTN314 OF VEHICLE
Yem Ndie Nadil YdNde Idupihimm Nwdw
2007 HONDA RIDGELINERT 12HJYK16567H534739
COVERAGES •ENTRIES IN THOUSANDS OF DOLLARS
Ro81 I u n iw ot"t c CNpdMdro CAME
Y M Y FD i n ery _ No fwll Nail a Cedwhiie 1e�ng Non Auto Olha
E20 309n6 50 f 0 1001 50 35000 750 750 Cov N�ub �CC NC
d
Pam wwp Pones custm
This evidence is subject to all of the terms, conditions and limitations set ford) m the polxi(ies) and endorsements
attached to it It is furnished as a matter of information only and does not change,modify or extend the policy m any
-,ay It superstcies all previously isued certificates
1st Lienholder Additional Interest
AMERICAN HONDA FINANCE ARCO CONSTRUCTION 1
PO BOX 650201 10225 SE 224TH ST
HUNT VALLEY MD 21065-0201 KENT WA 98031-3208
08/08/2007
Authm,e d Reprtaem wt Date
AGLN"I N,.VE N ADDRESS. AGENi No 79 43 384
Harm
23805 1 n th Ave SE
AGEIVI PHONE (253)373-1737
23805 104th Ave SE
Kent WA 98031-3313
25-6345 9-05 A6345101
COMPANY NAME: FARMERS INSURANCE COMPANY OF WASHINGTON,MERCER IS,WA
EVIDENCE OF INSURANCE FOR LIENHOLDER INTERESTS-WASHINGTON
INSUREDS NA-ME&ADDRESS 1`01-1cY�. i 791691543-29
KAMALJIT SINGH POLICY rDInoN 3RD
10225 S E 224TH ST ErrcrY3vEDAir 02/23/2007
KENT WA 98031-3208 EXFIRAIION DALE 02/23/2008
EarianrioN lmtc 12 Ol AM
ISSUING OrTICE
NORTHWEST SERVICE CENTER AGENT Harmohn Dhahwal
P O BOX 23503 TIGARD,OR 97281 AGES I No 79 43 384 AGENI PHONE (253)373-1737
DESCRIPTION OF VEHICLE
Yem Mahe Model WhWelAarMkaEariNeEa
2003 1 FORD IF150XLT/2WD/REGCAB 2FTRX18W33CA39843
COVERAGES +MIS N THOUSANDS OF DOLLARS
imu IsI e i Eampeheauve ta6w
N^dYl9aY FD No fauh Dedu(" Debt o TR-9 [lCNo"Uto Olhar
FJO 10.h 50 :'h
EodiNCNC N� dtd
INSo fameYNl t(IAIEMC
This evidence is subject to all of the terms, conditions and limitations set forth in the polncy(ies) and endorsements
attached to it It is filmished as a matter of information only and does not change,modify or extend the policy in any
aay It supersedes Al previously issued certificates
1st IAcnholder Additional Interest
ARCO CONSTRUCTION 1
10225 SE 224TH ST
KENT WA 9 803 1-3 208
Ga"v;n1l.41- 08/08/2007
Awhon,ed Repceseo nve Dnw
AGENT NAME&ADDRESS AGENT No 79 43 384
n Dhahwal
23805 104th Ave SE AGENIPHONE (253)373-1737
23805
Kent WA 98031-3313
25-MS 9-05 A6345101
08/22/2007 10:58 4254834002 NEVILLE & NEVILLE PAGE 02/02
4
AMERICAN SAFEW INDEMNITY COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IY CAREFULLY.
ASIC TSR 002 10 03 88
ADDITIONAL.INSURED—BY CONTRACT
} ttent shall notwo to}nersasa=units of ktaraance,as deemed In KWON III-UMft OF INSURANCE
Hame of Person or Organ&atloe as an Addidonal insured: Ody those patties required to bo nemed as an AdOftW matt In a writt,a,
colttraot wilt the NwnQd k► AW undo ytis poiTcy,anted role prior to tow or
. 'oalareltoa'.
Coverage under ttds 8tdotsenm app "ordy as ragxft a
In coraidaMlon of dta PaYPrler>t of prarrdtairs,N Is y Mmod to In*antmeabls vMUn ewkwj or pwwa vrilh the Named
the rollmIn9 dww are Irtao maw kw the pogCY Insured under this policy sod only for Iiablltty anal out of at
ralaing to the Names kwzWs negtigeme.
WHO IS AN INSURED(SECTION It)Is orm Wed to Muds as an
lmmvd the person or mpti2ation, trades, estate or It Is further tatders0lod and epreed that Oespecto of ft
C<vatrena W entity to wham or to xA*h you are d Apated,by rtu dw of en8tias RWW as Insunads under t b pricy In eo
%tmm or a bgally onforceabfo wrtdat omhd cr try the lawns even[shall the Comp Wo 110s of JhWly a coed the Ilmtb of
or a) tanoa of a pam:i4 to pm Ado it um=such as is eltotded UsbfAty dodpoWin"Oedmoors of Us policy.
by ttds parts but w4 VA respect to opamll=perWM*d by
you of on your bthatf ar totscMUesused by you and dw onfyfor
the!i<rdb d IieblippmMsd in suds Omtml,but In no every for
r'mdt d Lability In etaaiss al the applicable Andts at ual*1 cf Hs
pW*pWdad steal yAt parson.mpnt mft trustee,estate or All otor talM cardO= drd etc lusloos under rite pollcy ale
Gmmmental entity shag be an IrtmmW only wllh respect to ap mft re this Endamrnantendromainan+:hanned,
such low or •ocatrrartce' kft piece alter s<tch written
conb-4 has been owded ar ymh pmrnrt to bean ts�
Poky No.:
ASIC 1'SR 00210 02 Of Page 1 of 1
PERFORMANCE BOND
TO CITY OF KENT
KNOW ALL MEN BY THESE PRESENTS: Bond #579583P
That we,the undersigned, ARCO Construction Inc.
10225 SE 224th St, Kent WA 98031
as Principal,and Developers Surety and Indemnity Company
a Corporation organized and existing under the Iaws of the State of Waoiaa ,
as a Surety
Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds
of Contractors with Municipal Corporations, as Surety,arejointly and severally held and firmly
bound to the CITY OF KENT in the penal sum of$49,830.00 _, together with any adjustments,
up or down, in the total contract price because of changes in the contract work, for the payment of
which sum on demand we bind ourselves and our successors, heirs, administrators or personal
representatives, as the case may be.
This obligation is entered into in pursuance of the statutes of the State of Washington,and the
Codes and Ordinances of the CITY OF KENT.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to a motion, duly made,seconded and passed by the City
Council of the City of Kent,King County, Washington, the Mayor of the City of Kent has let or is
about to let to the above bounden Principal, a certain contract, the said contract providing for
construction of the East Hill Elementary Water Meter Upgrade (which contract is referred to
herein and is made a part hereof as though attached hereto), and
WHEREAS, the Principal has accepted,or is about to accept, the contract, and undertake to
perform the work therein provided for in the manner and within the tune set forth•
NOW, THEREFORE, for non-FHWA projects only,if the Principal shall faithfully perform all
the provisions of said contract in the manner and within the time herein set forth, or within such
extensions of time as may be granted under the said contract, and shall pay all laborers,mechanics,
subcontractors and material men, and all persons who shall supply the Principal or subcontractors
with provisions and supplies for the carrying on of said work and shall indemnify and hold the
CITY OF KENT harmless from any damage or expense by reason of failure of performance as
specified in said contract or from defects appearing or developing in the material or workmanship
provided or performed under said contract within a period of one year after its acceptance thereof
by the CITY OF KENT, then and in that event this obligation shall be void; but otherwise it shall be
and remain in full force and effect.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their
separate seals. The name and corporate seal(if required by law) of each corporate party is hereto
affixed and duly signed by its undersigned representatives pursuant to authority of its governing
body
(SIGNATURES ON FOLLOWING PAGE)
PERFORMANCE BOND
PAGE TWO
TWO WITNESSES: ARCO Construction, Inc.
PRINCIPAL
a-> i �n 1 rA BY: K C4 VA iy"�
Qj j? )i f TITLE:
DATE: (5 1 S 7 J DATE.
CORPORATE SEAL:
PRINT NAME
DATE: Developers Surety and Indemnity Company
SURETY
CORPORATE SEAL: BY:. I
Kare L. Staf anson �L
DATE:8- -07
TITLE. Attorney-in-Fact
ADDRESS: 9750 3rd Ave NE, #305
Seattle, WA 98115
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the(Assistant) Secretary of the Corporation named as Principal in the
within Bond; that
Who signed the said bond on behalf of the Principal
Of the said Corporation;that I know his signature thereto is genuine, and that said Bond was duly
signed, sealed,and attested for and in behalf of said Corporation by authority of its governing body.
SECRETARY OR ASSISTANT SECRETARY
POAYER OF ATTORNEY FOR
DEVELOPERS SURE'rY AND INDLNINI I Y COMPANY
INDFNINIIN'COMPANYOf CkLIFORN'IA
PO BOX 19725,IRVINI,C A 92623 (939)263-1100
KNOT ALL MI N 13Y l HL'SI PRCSENTS that except as expressly limped DEVFLOPLRS SURETY AND INDEMNITY COMPANY and INDL"MNIrY
C OMPANY OF C VLIFORNIA do cash,hcrcbs make,comtimtc and appoint
***Jake W. Murphree, Karen L. Staffanson, Dan Bouc, April Conover, Elliott W. Wolffe, jointly or severally***
as their true and lawful Attoney(si-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties bonds,undottakmgs
and contracts of suretyship giving and granting woo said Auomcy(s)-m-Fact full powerand authany to do and to putonn eery act necessary rcywsro;or proper
Io be done in connection therewith as each of said corporations could do but resermg to each of said coipoiauons Lull power of substitution and revocation,and
all of the acts of said AtioncyW-m+act,pwsuant to Ihese presents,are hocby ratified and confirmed
1 his Power of Auornev its gr.mred and is signed by facsimile under and by author ny of the tollowmg ieaAurtons adopted by the respective Board of Directors of IN L I LOPE RS SL Kle I V ANU INDLMNl1 Y COMPANY and INDt MM I Y COMP M OF(ALIFORN I A effective as of Novembers 1,2000 '
RLSOLVLD,that the Chairman of the Board the]'resident and any Vice President of the corporation bra,and that each tit them hereby is authotmed to
exccutc Powers of Attorney yualrtying the atiorril named in(lie Powers of Anomcy to execute on behalf of the co poiauons,bonds,undartakmgs and uunracts
of suretyshtp,and that the Secretary or anv Assutent Secretary of the corporations be,and each of them hereby is,author rred to attest the execution of any such
Power of Atumicy
RLSOLV ED.FURTHLId,that the munatures of such officers may be affixed to any such Powet of Attorney or to any certificate relating thereto by
facsimile and anv such Powerot Attolncy or certificate beat utg such facstmdc srgnatw es shall be valid and binding upon the corpoiauon when so affixed and in
the future w nh iccspsct to am bond under taking of contract of sutetyship to which it is attached
IN W'ITNLSS WHrRFOF,DFYELOPFRS SURE FYAND IN DI MNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have se.erally caused
these presents to be signed by their I espective Lxecutive Vice President and attested by their respective Secretary this I st day of December 2005
VANYn
David I Rhodes,L\IUIML Vrce-Presrdent ,,, ev.Cy,AND
40Z' "OpP 0R4ri
ls
OCTF•,fs° OCT 5
o` ,
10
1967
By 1 9 3 6
Wallet Crowell,Secretary %w7ws'•.,/OW P,,:
*...
s rATL OF CALIFORNIA
COON I Y OF ORANGE
On December 1 2005 before me,Gina L Gamer, Notary Public(here insert name and title of the officer), personally appeared David H Rhodes and
Wallet \ C towell personally known to me(or proved to me on the basis(if sat sfacton evidence)to be the pet wn(s)whose nameW is'arc subscribed to die within
Ill sit umcnt,aid acknow lulgad to one that hv'sIbol hay cxccuted the sarrR In htv9lcotheu authon/ed capautv(ic,),and that by hit hrr/their srgnatutc(s)on flit m,nvnnunt
the person(s),or the entity upon beimIt of which the pcisonls)acted,executed the msuwuent
WE INFSS my handand official seal k
GINA L.GARNER
j7 may, COMM.# 1569561
Srgnawrc (SEAL) NO
�SSI
CY/� ' TARY PUBLIC CALIFORNIA j
3 ORANGE COUNTY v
' My comm.expires May 13,2009
CERrmc%TE
'the undcr�rgned,asAssrstant Sccrela y,of DI:Vt-LOPERS SURI-1 YAND INDLMNI IY COMPANY and INDL-h1NI4Y C OMPANYOFCALIFORNIA,
dons hereby cemty that the torcgmng Power of Auomev rcinams in toll torte and has not barn rooked and turthcrmoro,that the pros istons of the resolutions of
the respective Boards of Direcum of said cogwiauons set forth in die Powerot Apo ney are in force as of the date of this Certificate
This Certificate is executed in the(ity of In me,Cahfitmm the day of vie .)
By_/
Albeit Hdlebrand, Assistant Secretary
ID-1390(Rev 12/05)