Loading...
HomeMy WebLinkAboutPW08-005 - Original - AA Asphalting, Inc. - Paving Patch on Seattle St. in Kent - 04/07/2008 { K Records Managle'" m" n e t ENT W A 9 M 1 N G T O N Document 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: No 0 �`o0� This is assigned by Deputy City Clerk Description: 1144o2l Detail: Project Name: Contract Effective Date: 'i�-��8 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Abstract: S-Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 PUBLIC WORKS OPERATIONS Donald C. Millett Operations Manager 2204th Avenue South Kent, WA 98032-5838 KEN T Fax: 253-856-6600 WASHINOTON PHONE: 253-856-5600 April 10, 2008 Mr. Bruce D. Allen A A Asphalting, Inc. 2518 East Valley Highway Sumner, WA 98390 Dear Mr. Allen: We have received the signed originals of the contract for the paving patch on Seattle Street. We have also received the required proof of insurance. The contracts have been signed by our Public Works Operations manager, and we are ready to have you proceed with the work. Enclosed is one fully signed original for your records. As always, if you have any questions, feel free to call me at 253-856-5600. Sincerely, Jason Roller Water Distribution Field Supervisor TG:rcb Enclosure: Two originals of the 2008 Public Works Agreement between the City of Kent and A A Asphalting, Inc. a� U 3 3 3 • MAYOR SUZETTE COOKE P:PWOpsContract\CoverLetterSignedContractAAAsphaltingSeattleStreetPatch'C%of Kent Public Works Department Larry R. Blanchard, Public Works Director • KENT WAS HI NGTO N PUBLIC WORKS AGREEMENT between City of Kent and A A Asphalting,Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and A A Asphalting, Inc. organized under the laws of the State of Washington, located and doing business at 2518 East Valley Highway, Sumner, Washington 98390 phone: 253-863-4759, 253-939-0214, fax: 253-863-5402 (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: Saw cutting by others. Contractor will excavate existing excess material, haul debris to City`s dump site. Compact base and pave designated area (Seattle Street from Van De Vanter west to Hillcrest) with 2" class B asphalt. Tamp and seal edges as needed with AR4000 (hot tar). This scope excludes permits, engineering work, testing, sales/use tax, traffic control, extruded curbing, and pavement markings. This job is estimated to be 3,520 square feet @ $3.00 per square foot = $10,560.00 Please see Exhibit A, Scope of Work AND A A Asphalting, Inc. bid (base bid chosen) which are attached and hereby incorporated into this agreement. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practiges in effect at the time such services are performed. II. 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 within 20 calendar days of City authorizing the work to begin. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed ten thousand five hundred sixty dollars ($10,560). Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its- related rules for the work PUBLIC WORKS AGREEMENT - 1 (Roadway/Pedestrian Path - Under$10K and No Performance Bond) contemplated in this Agreement. The City shall pay the Contractor ,fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Performance Bond. Because this contract, including applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount 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. B. 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. C. 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. PUBLIC WORKS AGREEMENT - 2 (Roadway/Pedestrian Path - Under$10K and No Performance Bond) F. The Contractor's breach of any portion of this Agreement. 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 direct, indirect and consequential costs, including costs of delays related to any work, either covered or 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 Maims 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. PUBLIC WORKS AGREEMENT - 3 (Roadway/Pedestrian Path - Under$10K and No Performance Bond) 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 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 PUBLIC WORKS AGREEMENT - 4 (Roadway/Pedestrian Path - Under$1OK and No Performance Bond) 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. 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 performance 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 (Roadway/Pedestrian Path - Under$10K and No Performance Bond) XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its 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 attorney's 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. 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 terms 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. 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 PUBLIC WORKS AGREEMENT - 6 (Roadway/Pedestrian Path - Under$1OK and No Performance Bond) 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 KENT: By: By: 4R signature)- / (signs ure Print Name: c� ( Print Name: Larry R, Blanchard Its: q) Its: Public Works Director (Title) DATE: DATE: _ - NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Bruce D. Allen Jason Roller A A Asphalting, Inc. Water Distribution Field Supervisor 2518 East Valley Highway City of Kent Sumner, WA 98390 220 Fourth Avenue South Kent, WA 98032 (253) 863-4759; (253) 939-0214 (telephone) (253) 863-5402 (facsimile) (253) 856-5600 (telephone) (253) 856-6600 (facsimile) P•Operastions\P W OpsContracts\W ater\AAAsphalting Inc.ContractSeattlestreetAsphaltPatch3-08 PUBLIC WORKS AGREEMENT - 7 (Roadway/Pedestrian Path - Under$1OK and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of Ain/j-:1 , 200$. By: For: Title: `�4t-e``S� n,-� Date: — O EEO COMPLIANCE DOCUMENTS - 1 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 '6 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 6L,c- (, px" that was entered into on the (date) ^/ — , between the firm I represent and the City of Kent. I declare that I 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 I day of 1 P tz-4 , 200eL. By: For: 17 C= Title: � 18-�.► Date: ' EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A — SCOPE OF WORK SEATTLE STREET WATERMAIN REPLACEMENT ASPHALT PATCH Project Location Seattle Street from Van De Vanter west to Hillcrest. Scone of Work Contractor shall install asphalt emulsion tack on all edges for adhesion. Pave with 2" of class "B" asphalt. Compact to correct density and'seal edges as needed with AR4000 (hot tar). To Include The Following: • Actual Footage (to be measured and verified by contractor) • 2" of class"B" asphalt • Emulsion tack • AR4000 hot tar Other Provisions Contractor shall enter into a Public Works Agreement (Contract) with the City of Kent for the duration of the project and pay prevailing wage. Once the City of Kent authorizes work to begin, the contractor will complete all work within a 20-day calendar period. If task is not completed within the allotted contract time, Contractor will notify the City of Kent in writing one week prior to the ending of the 20 calendar day window. P:Operations\P WOpsContracts\Water\AAAsphaltingExhibitAScopeofWorkSeattleStreetPatch MAR-14-2008 04:05P FROM: A A ASPHALTING 253-863-5402 T0:18538566600 P.1 A A ASPHALTING, INC. 2518 EAST VALLEY HIGHWAY SUMNER,WA. 98390 (253)8634759 (253)939-0214 FAX(253)863-5402 QUOTE SHEET NAME: CITY OF KENT PROJECT: WATERMAIN ASPH. PATCHING PUBLIC WORKS OPERATIONS E. SEATTLE ST.&VAN DE VANTER ADDRESS: 220 FOURTH AVE S. KENT CITY/ST.: KENT,WA.98032-5895 MAP PAGE: 716-A 3 JOB#: 80 ATTN: PAUL JOHNSON DESCRIPT: BASE BID-PREP&PAVE-VS- PHONE M 253.856-5614 ALTERNATE BID-PAVE ONLY FAX#: 253-856-6600 DATE: 03/14/09 PAGER M 206-810-7104 EMAIL#: omiohnsondci.kent.us We propose to furnish all materials and labor to complete in a substantial and workmanlike manner according to standard practices. QUANTITY DESCRIPTION OF WORK BID PRICE BASE BID SAW CUTTING BY OTHERS.AA ASPHALTING EXCAVATE EXISTING EXCESS MATERIAL,MAUL DEBRIS TO OWNERS DUMP SITE.COMPACT BASE AND PAVE WITH 2"OF CLASS"B"ASPHALT.TAMP AND SEAL EDGES AS NEEDED. 3,520 SQ.FT.@ $ 3.00 PER SQ.FT. $ 10,560.00 ALTERNATE BID SUBGRADE AND FINISH GRADE TO BE DONE BY OTHERS TO 1110%GRADE. AA ASPHALTING TO PAVE WITH 2"OF CLASS"B"ASPHALT.TAMP AND SEAL EDGES AS NEEDED WITH AR4000. 46 TONS $ 190.00 PER TON $ 8,740.00 EXCLUSIONS: PERMITS,ENGINEERING,TESTING,SALES/USE TAX TRAFFIC CONTROL,EXTRUDED CURBING,PAVEMENT MARKINGS General liability and automobile liability coverage of$1,000,000.00 as identified in ISO Form CO2033 10 01 are included in this quotation. Any further requirements are subject to additional charge. For example-If Waiver of Subrogation coverage is required, an additional charge of V 50.00 will be required for each named individual on the certificate. All of the above work to be completed for the sum of SEE ABOVE,plus tax,if applicable, TERMS:Net Cash Upon Completion.Proposal subject to change or cancellation after 30 days, If this account is in default and is assigned to a collection agency for collection,then(customer)shall be liable for collection costs and fees including contingent collection fees charged by the collection agency in addition to principal,interest at 18%annum and all otter charges owing on the account. If legal action is commenced,then Washington law shall apply,(merchant)may place venue in the Superior Court of Pierce County,Washington and the prevailing party shall be awarded its taxable costs and reasonable attorney fees. AA Asphalting Inc.assumes no responsibility or liability for subgrade failures,damage to or from hidden utilities,wires or other structures, All permits are the responsibility of the purchaser. AA Asphalting is an equal opportunity employer. Respectfully submitted, A A Asphalting Inc, HILM B6010 B6010.XLS QUOTE 3/14/2008 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS 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 arise 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. 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 $1,000,000 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 and a $2,000,000 products-completed operations aggregate limit. P:Operations\PWOpsContracts\Water\Exh i bitBInsRegContractAAAsphaltingSeattleStreetPatch Page 1 EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. 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. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. 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 insurance requirements of the Contractor before commencement of the work. F. 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. P:Operations\PWOpsContracts\Water\ExhibitBInsRegContractAAAsphaltingSeattleStreetPatch Page 2 APR-10-2008 14:26 P.001 621 Pacific Avenue,Suite 400 Tacoma,WA 98402 Hentschell Phone:253-272-1151 Associates, 11I.C. Fax:253-272-1225 Fc":: Attn: Paul Johnson From: KristiSikes Production Assistant To: City Of Kent Date: 4/10/200811:48 AM Fax: 253-856-6600 Pages: 9 Re: Certificate(s)of Insurance CC: O Urgent '❑For Review ❑Please Comment ❑Please Reply 0 Please Recycle Please see the attached Certificate(s)of Insurance. The original($)has also been mailed. Feel free to call if you have any questions. Thank you. Have a great day!! J i i APR-10-2008 14:26 P.002 UA I CIMRVUW,r r II AQQRQ., CERTIFICATE OF LIABILITY INSURANCE 04AII2008 PRODUCER (253)272-1151 FAX (2S3)272-1225 THIS CERTIFICATE IS 183U D AS A MATTER OF INFORMATION Hentschel l & Associates, Inc. ONLY AND CONFERS NO R GHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICER A JE DOES NOT AMEND,EXTEND OR One Pacific Building ALTER THE COVERAGE A RDED BY THE POLICIES BELOW. 621 Pacific Ave., Suite 400 Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC 0 INsuno AA Asphalting, Inc. INSURERA Continental Western Ins. Co. 2518 E Valley Highway INSURER®' Sumner, WA 98390 INSURER C• INSURER D: INSURER E: COVERAGES 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,AGGREGATE OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN ICY TYPE OF INSURANCE POLICY NUMBER POL EFFB?i1VE E1�POLICY RATION LIMITS GENERAL LIABILITY CWP2373903 08/01/2007 08/01/2009 EACH OCCURRENCE $ 1.000,000 X COMMERCIAL GENERAL LIADILf1Y 0 ENTGD $ 100,000 CLAIMS MADE Q OCCUR MEO EXP(Any one person) $ 5 00 A X WA Stop Gap 1M PERSONAL a ADV INJURY $ 11000,000 GENCRALAGGREGATE $ 2,000.000 GEM AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 21000,000 POLICY[K JECT LOC AUTOMOBILE LLGBRJTY CWP2373803 08/01/2007 08/01/2009 COMBINED SINGLE LIMIT X ANY AUTO (Ea acadent) S 11000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S A HIRED AUTOS BODILY INJURY S NON•OVMED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHeR TMAN EA ACC $ AUTO ONLY: AGO S EXCESSIUMSMLA LIABILITY CU2467767 08/01/2007 08/01/2008 EACH OCCURRENCE S S10001000 X OCCUR CLAIMS MADE AGGREGATE $ 5 000.000 A s DEDUCTIBLE $ RETENTION 5 VMKM COMPENSATION AND WC TIMIT TM- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT 8 ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICEMMEMBER EXCLUDED? G.L.DISEASE-EA EMPLOYE $ If yes.deerrlbe under SPECIAL PROVISIONS below E L DISEASE•POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXgLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Van De Vanter Water Main Patching lanket additional insured applies to any person or organization if required by written contract per orm CLC00020 03 07. CERTIFIC619 HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TN@ EXPIRAWN DATE THEREOF.THE ISSUING INSURER tAeLL ENDEAVOR TO MAIL CITY OF KENT 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAND TO THE LEFT. PUBLIC WORKS OPERATIONS BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY 220 4TH AVENUE SOUTH OF ANY KIND UPON THE INSURER,ITS AGENTS OR R2PRESENTATIV W KENT, WA 99032 AUTHORIZED REPRESENTATIVE Anne Cutting/NC ACORD 25(2001100) ®ACORD CORPORATION 1988 APR-10-2008 14:27 P.003 IMPORTANT , If the Certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or"gativ*amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 26(2001M) I APR-10-2008 14:27 P.004 THISi ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT ' E This endorsement modifies insurance provided under the following: COMMERCIAL',GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS (b) That is Fire, Lightning, Explosion or N SECTION 1=COVERAGE C MEDICAL PAY- Sprinkler Leakage Insurance for prem- MENTS is not otherwise excluded from this ises rented to you or temporarily oocxl- Coverage Part:; pied by you with the permission of the 1. The Medical Expense Limit provided by this q, pa,.a9ra h 9.a. of SECTION V - DEFINI- LIMI , subject u aOF INSURANCE, shalom! 'bbe the TIONS rs deleted and replaced by the follow- greater of: , ing" a, $10,000;or a. A contract for a lease of premises. However, that portion of the contract for b. The Medical Expense Limit shown in the a lease of premises that Indemnifies any Declarations of this Coverage Part. person or organization for damage by B. FIi2E, LIGHTNING, EXPLOSION,SMOKE AND fire. lightning, explosion or sprinkler SPRINKLER LEAKAGE DAMAGE TO PREM- leakage to premises while rented to you ISES YOU RENT or temporarily occupied by you with permission of the owner is not an "in- If damage to premises rented to you under Cov- sured contract"; erage A,is not otherwise excluded from this pol- icy,the following applies: 1. The last paragraph of SECTION I - COW 1. Paragraph 9.(2) of SECTION I - COVER AGE A.2. Exclusions is deleted and re- placed A2. Exclusions is deleted and re- placed by the following: ' placed by the following: Exclusions' c. through n. do. not apply to A watercraft you do not own that Is: damage byy',fire,lightning, expplosion or sprin- (a) Less than 51 feet long;and kler leakage to premimwhile rented to your or temporarily occupi,6d„by you wi`M'permis- (b) Not used to carry persons or property for Sion of thel owner_ A separate limit aP Insur a charge. ance applies to this coverage as described D. SUPPLEMENTARY PAYMENTS In SECTION III-LIMITS OFINSURANCE. SECTION I - SUPPLEMENTARY PAYMENTS 2. Paragraph 6. of SECTION III - LIMITS OF - COVERAGES A AND B is amended as fol- INSURANCE is deleted and replaced by the lows: following: 1. The limit of insurance in paragraph 1.b. is 6, Subject to 5.above,the greater of: Increased from$250 to$2,500;and a. $300.000;or 2. The limit of insurance in paragraph 1.d. is b. the Damage To Premises Rented increased from$250 to$500. To You Limit shown in the Declare- Ir' AUTOMATIC ADDITIONAL INSURED - lions; SPECIFIED RELATIONSHIPS is the most we wig pay under COVER- The following is added to Paragraph 2. of SEC- AGE A for damages because of Vp TION 11-WHO IS AN INSURED: ertydamage"to any orte premises, e. Any person or organization described in rented ito;you,or•temporarl�y occupied by paragraph f.below,whom you and such per- You wRh the permission, of the own©r son or 6rganh2tIon have agreed in writing in arising;out of any one fire, lightning, ex- a contract or agreement that such person or plosion or sprinkler leakage Incident. organization be added as an additional in- 3. Paragraph; 4.b.(1ub)) CTI Other Insurance of sured on your policy. SEON,IV -- GbMMERCIAL GENERAL LIABILITY CONDITIONS Is deleted and re- placed by the following; CL CO 00 20 03 07 Includes copyr!"d matonal of Insumnee SeMces Page 7 of 6 Office.Inc.,with Its permission t I APR-10-2008 14:27 P.005 i Such person or organization Is an insured (a) The ownership, maintenance,or use provided: of any elevators. ; (1) The written or oral contract or agree- P. ADDITIONAL.INSURED—OWNERS,LESSEES ment is: OR CONTRACTORS—AUTOMATIC STATUS i (a) Currently in effect or becomes effec- 1. SECTION 11 — WHO IS AN INSURED is tivelduring the policy period;and amended to Include as an additional insured " any person or organization for whom you are (b) Executed prior to an occurrence or performing operations when ou and such offense to which this insurance Y would apply. person or organization have agreed in writ- would In contract or agreement that such per- (2) They are not specifically designated as sort or organization be added as an addi- an additional insured under ate+ other tonal insured on your policy, Such person or provision of, or endorsement added to, organization is an additional insured only this policy, with respect to liability for "bodily injury' L Only the following persons or organizations "properly damage"or personal and adver- are additional Insureds under this endorse- using Injury"caused,in whole or in part, by: ment, and coverage provided to such addi- a. Your acts or omissions;or "- tional insureds Is limited as provided herein: b. The acts or omissions of those acting on (1) The manager or lessor of -a .premise your behalf; leased to You, but-only with-respect to 0- ability arising from the ownership, main- in the performance of your ongoing opera- tensnce or use of that part of the.•prem- Lions for the additional Insured. ises leased to-you and-subject to the fol- A person's or organization's status as an ad- ' lowing additional excluslons: disonal insured under this policy ends when This insurance does not apply to: your operations for that additional insured (a) Any"occurrence"which takes place are-completed. after you cease to be a tenant of that 2. With respect to'the insurance afforded to premises. these additional insureds, the following addi- (b) Structural alterations, new construe- tional exclusions apply tion or demolition operations per- This Insurance does not apply to: formed by or on behalf of the man- a. "Bodily injury", "property damage" or agar or lessor. "personal and advertising in ury" arising (2) Any person or organization from whom out of the rendering of, or the failure to you lease equipment, but only with re- render, any professional architectural, sped to liability for"bodily Injury', "prop- engineering or surveying services, In- erty damage" or"personal and advertis- eluding: ing Injury"caused, in whole or in part, by your maintenance, operation or use of (1) The preparing, approving, or failing equipment leased to you by such per- to prepare or approve, maps, shop son(s)or organization(s). drawings,opinions, reports,surveys, However, this insurance does not apply field orders, change orders or draw- However, ings and,specifications;or to any "occurrence" which takes place after the equipment lease expires. .(2) Supervisory, inspection, architec- (3) Any state or political subdivision, subject torsi or engineering activities. to the following additional provision: b. -Bodily Injury" or "properly damage" This insurance applies onl with respect occurring after: to thefollowing hazards or which the (1) All work, including materials, parts state or political subdivision has Issued a or equipment furnished in connec- permit in connection with premises you lion with such work, on the project own, rent.or control and to which this in- (other than service, maintenance or surance applies: repaire) to be performed by or on (a) The existence, maintenance, repair, behalf of the additional insured(s)at construction, erection, or removal of the location of the covered opera- advertising sigma, awnings, cano- dons has been completed;or pies. 'cellar entrances. coal holes, (2) That portion of "your work" out of driveways, manholes, 'Marquees. which the Injury or damage arises hoist may openings, sidewalk has been put to Its Intended use by vaults, street barriers, or decors- any person or organization other tions and similar exposures;or than another contractor or subcon- (b),The construction, erection, or re- tractor engaged In performing op- moval of elevators;or orations for a principal as a part of the same project. CL CG 00 20 03 071 includes copyrighted materiel of Insurance services Page R of 6 Office,Inc.,with Its permission APR-10-2008 14:28 P.006 3. The insurance provided by this endorsement e. We may pay any part or all of the le- is primary Insurance and we will not seek ductible amount to effect settlement of contribution•under any insurance policy un- :any claim or suit and, upon notification der which ;such additional insured is a of the action taken; you shall promptly { named insured, if such policy was procured reimburse us for such part of the de- and paid for by such additional Insured, or a ductible amount as we have paid. parent or related entity of such additional in- H. BROADENED NAMED INSURED 4. With res It to the insurance afforded to Paragraph 3. of SECTION 11 - WHO IS AN IN- these additional Insureds, SECTION III — SURED Is deleted and replaced by the following: LIMITS OF'INSURANCE is amended as fol- An organization,other than a joint venture,over lows; which you maintain ownership or majority Inter- est of more than 60%will ire a Named Insured if applicable to the additional in- sured are those specified in the written con- mere Is n other similar insurance available to tract or agreement or the limits stated in the that organization. However. Declarations. whichever is less. If no limits a. Coverage under this provision is afforded are specified in the written contract or only until the 180th day after you acquire or agreement,'the limits applicable to the addl- form the organization or the and of the policy tional Insured are those specified in the Dec- period,whichever Is earlier. larations. The limits of insurance are inciu- b, COVERAGE A does not apply to "bodily in- sive of and:not in addition to the limits of In- jury'"or"property damage`that occurred be- surance shown in the Declarations, fore you acquired or formed the organiiza- G. PROPERTY DAMAGE TO BORROWED don. EQUIPMENT ; c. COVERAGE B does not apply to "personal 1. Paragraph !2.1. of SECTION i COVER- and advertising Injury" arising out of an of- AGES, COVERAGE A BODILY INJURY fense committed before you acquired or AND PROPERTY DAMAGE LIABILITY is formed the organization. amended as follows: 1• CONSTRUCTION PROJECT GENERAL AG- Paragraphs' (3) and (4) of this exclusion do GREGATE LiMIT not apply to tools or equipment loaned to 1. For all sums which the insured becomes you,provided they are not being used to per- legally obligated to pay as damages caused form operations at the time of loss. by' 'occurrences" under COVERAGE A Z SECTION III — LIMITS OF INSURANCE Is (SECTION 1), and for all medleal expenses deleted and replaced by the following: caused by accidents under COVERAGE C (SECTION 1),which can be attributed only to The most we will pay in aq one it ongoing operations at a single construction rence" for)"property damage to borrowed project away from premises owned by or equipment!is $15,000. This limit of insur- rented to the insured: ance Is the most we will pay regardless of a• A Single Construction Project General the number of: Aggregate Limit applies to each core a. Insureds; struction project away From premises b. Claims made or"suits"brought;or owned by or rented to the Insured, and that limit is equal to the amount of the c, Persons or organizations making claims General Aggregate Limit shown In the or bringing"suits". Declarations. 3. Deductible b. The Single Construction•Project General Aggregate Limit is the most we will ppsy a. Our obligation10 pay damages on behalf for the sum of all demages-under COV- of the insured-e�ppties on .to the'emount ERAGE A, except damages beoeuce of of damages in excess of 14250 as appli- "bodily injury" or -property damage" in. Coble to property damage as the.-result ciuded in the "products-completed op- of any,one. "occurrence, regardless of erations hazee, and for medical ex- the number of persons or organizations penses under COVERAGE C regardless -who -sustaindarnages because of that of the number of: "occurrence". ; (1) Insureds; b. The terms of this Insurance, including those with fespact to our right and duty (2) Claims made or"suits"brought;or to.defend•the Insured against any"suits" (3) Persons or organ izations making seeking Ihose darttagos;and your duties claims or bringing"suits". in the event of am000aurenoe% claim,or "suit"apply irrespective of the application of the deductible amount. CL CG 00 20 03 07 Inoides copyrighted material of Insurance Services Page 3 of 6 Office.Inc.,aAth its permission APR-10-2008 14:28 P.007 i c. Any payments made under COVERAGE J. KNOWLEDGE OF OCCURRENCE A for damages or under COVERAGE C for medical expenses shall reduce the The followin is added to paragraph Z Dulles In i Single..Construction*•Project General Ag- The Event Occurrence, Offense, Claim Or gregi ERAL LIABILITY CONDITIONS: atel Limit .for that construction pro- Suit of. SECTION IV -- COMMERCIAL GEN- act,awax from premises owned by or i rented to the- insured. Such payments e. A report of an."occurrence", offense, claim shall riot reduce the General-Aggregate Or"suit"to: Limit shown in the Dedafataons nor shell 1 You,if you are an individual, they reduce any other Single Construo- ( ) ton Project General Aggregate Umit rm for (2) A partner,if you are a paership, any other separate construction project away from premises owned by or rented (3) ,An executive officer, if you are a to the insured. corporation,or d. The limits shown In the Declarations for (4) A manager, if you are a limited liability Each Occurrence, Fire Damage and company. Medical! Expense continue to apply. is considered knowledge and requires you to However, Instead of being subject to the notify us of the*occurrence, offense, claim, General Aggregate Limit shown in the or"suit"as soon as practicable. Declarations, such limits will be subject to the lappllcable Single Constructlon f. We are considered on notice of an Project General Aggregate Limit. "occurrence", offense, claim or "suit" that is 2. For all sums which the insured becomes reported to your Workers' Compensation Insurer for an event which later develops into legally obligated to pay as dama� caused by "occurrences" under COVERAGE A an °Occurrence offense, claim or "suit'for which there Is cove (SECTION 1), and for all medial expenses rage under this policy. caused by accidents under COVERAGE C However, we will only be considered on (SECTION ;I), which cannot be attributed notice if you notify ua as soon as you know only to ongoing operations at a single desig- the claim should be addressed by this policy nated construction project away from prem- rather than your Workers' Compensation ises owned by or rented to the Insured: policy' a. Any payments made under COVERAGE K. UNINTENTIONAL OMISSIONS A for damages or under COVERAGE C The following is added to paragraph G. Repre- for medical expenses shalt reduce the sentations of SECTION IV - COMMERCIAL amount!available under the General Ag- GENERAL LIABILITY CONDITIONS. gregatel Limit or the Products-Completed d. if you unintentionally fail to disclose ex- Operations Aggregate Limit, whichever ose any is applicable;and posures existing at the Inception date of your policy, we will not deny coverage under this b. Such payments shall not reduce any Coverage Part solely because of such failure Single Construction Project General Ag- to disclose. However, this provision does gregateiUmk. not affect our right to collect additional pre- mium or exercise our right of cancellation or 3. When coverage for liability arising out of the non-renewal. "products-completed operations hazard" is provided, any payments for damages be- This provision does not apply to any known cause of"bodily injury'or"prop"damage' injury or damage which is excluded under Included in!the "products-completed opera- anyl other provislon of this policy. tions hazaal" will reduce the Products- L, MENTAL ANGUISH Completed Operations Aggregate limit and Paragraph 3. of SECTION V-DEFINITIONS is not reduce the General Aggregate Limit nor the Single Construction Project General Ag- deleted,and replaced by the following: grate Limit. 3. "Bodily injury' means bodily Injury, sickness 4. If the applicable construction project away or disease sustained by a person, including from premises owned by or rented to the in- mental anguish or death resulting from any sured has ;been abandoned, delayed, or of these at anytime, abandoned 'and then restarted, or If the au- M. WAIVER OF TRANSFER OF RIGHTS OF RE- thorized contracting parties deviate from COVERY AGAINST OTHERS plans, blueprints, designs, specifications or timetables, the project Will still be deemed to Paragraph 8. Transfer Of Rights Of Recovery be the same construction project. Against Others To Us of SECTION IV-COM- MERCIAL GENERAL LIABILITY CONDITIONS 5. The provisions of Limits Of Insurance is amended by the addition of the following: (SECTION ill)not otherwise modified by this endorsement shall continue to apply as stipulated. CL CG 00 20 03 07 , Includes copy6ghtetl material of Insurance Series Page 4 of 6 Office,Inc.,HAth Its perniftion i APR-10-2008 14:29 P.008 We.wraive•sny rlght-of recoverywe may-have be- the premises, site or loca- cause of payments we make for injury-or dam- tion in connection with such age arising out, of:your'•ongoing operations or operations by such insured, "Your work done under a coht'act requiring such. contractor or subcontractor. waiver with that person or organization-and in- cluded"In the "products operations apply ubpa og p (b)injury" not 3 hazard". "p opperty damage" ariing However, our rights may only be waived prior to out of heat, smoke or fumes the"occurrence. giving rise to the injury or dam- from a"hostile fire". age for which we make payment under this Cov- erage Part. The insured must do nothing after a (2) Any loss, cost or expense aris- loss to Impair our rights, At our request, the in- Ing out of any. sured will bring"suit" or transfer those rights to (a) Request, demand, order or us and help us enforce those rights. statutory or regulatory re- N. LIMITED JOB SITE POLLUTION quirement Issued or made 1. Exclusion C under Section I—Coverage A pursuant to any r envi- is replaced b the following: manta{ protection at a or Y 9 ronmental liability statutes or , 2. Exclusions regulations that any insured test for, monitor, dean up, This insurance does not apply to: remove, contain, treat, de- f. Pollution toxify or neutralize,or in any way respond to, or assess (1),"Bodily Injury" or"property dam- the effects of, "pollutants"; t age"arising out of the actual,al- or leged or threatened discharge, (b) Claim or suit by or on behalf dispersal, seepage, o migration, a governmental authority release or escape of 'pollut- for damages because of ants": testing for, monitoring, (a) At or from any promises, cleaning up, removing, con- site or location on which any taining, treating, detoxifying insured or any contractors or neutralizing or in any way or subcontractors working responding to or assessing directly or indirectly on any the effects of,"pollutants". insured's behalf are per- However, this paragraph does forming -operations if the not apply to liability for those operations are to test for, sums the insured becomes le- monitor, dean up, remove, ,gally obligated to pay as dam- contain, treat, detoxify or ages because of"property dam- neutralize, or in any way re- age" that the insured would spond to, or assess the ef- have in the absence of such re- fects of,"pollutants";or quest, demand, order or statu- (b) At or from a storage tank or tory or regulatory requirement, other container, ducts or or such claim or "suit by or on piping which is below or par- behalf of a governmental author- tially below the surface of Ity the ground or water or 2, With respect to "bodily injury" or "property which,at any time, has been damage"arising out of the actual, alleged or buried under the surface of threatened discharge, dispersal, seepage, the ground or water and migration,release or escape of"pollutants",. } then subsequently exposed by erosion, excavation or a The "Each Occurrence Limit" shown In any other means if the ac- the Declarations does not apply. dual, alleged threatened b. Paragraph 7. of Limits Of Insurance discharge, dispersal, seep- , age, migration, release or (Sectlon III)does not apply. escape of"pollutants"arises c. Paragraph 1. of Section 111 —Limits Of at or from any premises,site Insurance is replaced by the following: or location which any in- sured or any contractors or The Llmlts Of Insurance shown in this subcontractors working di- endorsement, or In the Declarations and racily or indirectly on any In- the rules below fix the most we will pay sured's behalf are perform- regardless of the number of: ing operations if the "pollut (1) Insureds; ants"are brought on or to CL CG 00 20 03 07 Indude6 copydghted material of Insurance Servioes Page 5 of a Off ee.Inc.,with its parmisslon i APR-10-2008 14:29 P.009 (2) Claims made or"suits"brought;or 9. Subject to B. above. the Medical Persons or organizations makingExpense Limit IS the most we will ' (3) claims or bringing"cults". pay under Coverage C for all medi- cal expenses because of"bodily In- d. The following are added to Section 111- Jury" sustained by any one person Limits Of Insurance: arising out of the actual, alleged or threatened discharge, dispersal. 8. Subject to 2. or 3.above,whichever seepage, migration, release or es. applies, the most we will pay for the cape of"pollutants". sum of: O. OTHER INSURANCE a. Damages under Coverage A; and If this policy includes a Coverage Form or an b. Medical expenses under Cover- Endorsement which provides coverage for loss or damage covered by one or more of the Ex- age C tensions of this endorsement, the limit and the because of "bodily injury" or "prop- coed amend provided y t is limit and endorsement are coverage- tual,damage arising out of the is- provided by that Coverage Form or Endorse- charge,alleged or threatened dis- p charge, dispersal, seepage, migra- ment. lion; release or escape of "pollut- ants"Is$100,000. CL CC 00 20 03 07, Includes copyrighted material of insurence Services Page 6 of 6 Office,Inc.,with Its Permission TOTAL P.009