HomeMy WebLinkAboutPW11-257 - Original - Pyramid Grinding - Panther Lake Annexation Area Asphalt Grinding - 08/08/2011 Records Mlanagemen"In.
KENO Document
W nSHiNGTON
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 Clerk's Office.
Vendor Name: Pyramid Grinding
Vendor Number:
)D Edwards Number
Contract Number: I"Ly1 I - ,:;)-S7
This is assigned by City Clerk's Office
Project Name: Panther Lake Annexation Area Asphalt Grinding
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of Mayor's signature Termination Date: 8/31/11
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Dave Brock Department: PW Operations
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide_asphalt grinding services for the Panther Lake Annexation Area. ___ w
s.Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 `
KENT
WASM1.010.
PUBLIC WORKS AGREEMENT
between City of Kent and
Pyramid Grinding
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Pyramid Grinding organized under the laws of the State
of Washington, located and doing business at PO Box 2377, Renton, WA 98056-0377, Phone:
(425) 917-9470/Fax: (425) 917-9469, Contact: Joey Sposari (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 provide asphalt grinding services for damaged pavement
sections within the Panther Lake Annexation Area. For a description, see the
Contractor's July 26, 2011 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 within the Puget Sound
region 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 by August 31,
2011.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Nineteen Thousand, Six Hundred Dollars ($19,600.00). Applicable Washington State Retail
Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the
work 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 protect.
PUBLIC WORKS AGREEMENT - 1
(Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond)
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the
Contractor, shall provide the City a payment and performance bond for the
full contract amount.
B. Retainage. The City shall hold back a retainage 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, the State Department of
Labor & Industries, and the State Employment Security Department, 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 within
fourteen (14) calendar days of Contractor's signature on the Agreement.
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. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. 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.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor's services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
PUBLIC WORKS AGREEMENT - 2
(Roadway/Pedestrian Path - Over$I OK, under$50K, and Performance Bond)
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
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.
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
PUBLIC WORKS AGREEMENT - 3
(Roadway/Pedestrian Path - Over$IOK, under$50K, and Performance Bond)
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 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 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.
PUBLIC WORKS AGREEMENT - 4
(Roadway/Pedestrian Path - Over$1OK, under$50K, and Performance Bond)
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 re replacement arts shall be used—rebuilt or used arts will not be acceptable. When
P P P p
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.
PUBLIC WORKS AGREEMENT - 5
(Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond)
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.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Contractor's part, then Contractor shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Contractor's part.
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.
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
PUBLIC WORKS AGREEMENT - 6
(Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond)
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, including all appeals, 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
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
PUBLIC WORKS AGREEMENT - 7
(Roadway/Pedestrian Path - Over$10K, under$50K, and Performance Bond)
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: By.
(signature) (signature)
Prm Name: Ia rmt r_-
zette Cooke
Its Its or
!DATE: TE: P /
NOTICES TO BE SENT TO: NOTICES TO 13F SENT TO:
CONTRACTOR: CITY OF KENT:
Joey Sposari Timothy J. LaPorte, P.E.
Pyramid Grinding City of Kent
PO Box 2377 220 Fourth Avenue South
Renton, WA 98056-0377 Kent, WA 98032
(425) 917-9470 (telephone) (253) 856-5500 (telephone)
(425) 917-9469 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Ke Law Department
Pyramid Grinding-Panther Lk/Bmck
PUBLIC WORKS AGREEMENT - 8
(Roadway/Pedestrian Path - Over$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 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 QgOa day of 7LA I 1.1 , 20 1
By:
For: -P V I�OI Y1'1 td� �C�1�111'l�j , L�•�-/
Date:
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.
Y
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 mIG�
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 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 day of 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
tip,
PYRAMID
G R I N D I N G I
Po Box 2377 Renton,WA 98056-0377•Phone:(425)917-9470•Fax'(425)917.9469
SUBCONTRACT PROPOSAL
OPERATIONS MANAGER JOEYSPOSARI
V
Date. 7-26-11
I
To: City of Kent i
A7TN: Brent Collins
E-mall B Collins C CI. Kent.WA.US
Job: City of Kent,Various Locations
FAX 253-856-6600
CEL 253-740-1452
Item # uanti Unit Unit Price Total
RX 400,Shitt 4 sh#& ------------ Lump Sum $4,900.00
Cha es
i
I �
Total'Proposed Price: 19 600.00
Description: Brent,This charge is based on an 8hr. shift charge, includes 1
mobilization with a Top man and a Ground man, price includes milling
with a 48"drum, a 26"drum is available if needed,There will be a
$400.00 charge for a drum swap if 26"drum is needed, City of Kent to
supply sweeper and trucking.Thank you,Joey Sposari, 425-761-7501
i
a
i
Note: Terms And Exclusions Attached
QUOTE AND FOLLOWING TERMS AND EXCLUSIONS MUST BE SIGNED AND RETURNED BEFORE ANY WORK CAN BE
SCHEDULED. SIGNING THIS QUOTATION INDICATES ACCEPTANCE OF THE ATTACHED TERMS AND EXCLUSIONS. !
Accepted By: Date:
I
Thank You
I
l
i
4 vl
i •a
. .,1
PYRAMID
G R I N C 1 N G
PO Box 2377 Renton,WA 98056-0377•Phone (425)917.9470•Fax;(425)917-9469
Terms and EXC/uslons
Contractor Re lsponslbf1/t/es:
Supply Water To The MITI(Truck w/Or Pump On-Site)Specify Mills Water Usage And Pipe Connection
Supply Enough Trucks To Keep The MITI Working
Locate And Marie Buries Obstructions
Layout Project With Grinding Limits And Depth Changes I
Traffic Control/Signage
Extra Lighting,If Required
Provide Staging Area For Equipment
Exc/uslons:
Prices are for stated Items only,and exclude any Items not specifically Included such as but not limited to the
following:
Washington State Sales/Use Tax
Permits and Testing Fees
Multiple Move-Ins
Survey and Layout
Bond(raxes
Separation Of Items
Saw CuWng/Asphalt Wedges
Haul/Dumpsite
Training Hours/Apprenticeship Program
Backhoe,Skidsteer Grinder,Jackhammer Crew
Slurry Control
Slurry Pickup
Builders Risk Insurance
Sweeper Truck ,
Notes:
Contractor To Keep All Castings Marked And Exposed
Saturday Rates: 1.2 Times The Rate
Sunday Rates: 1,4 Times The Rate
Payment Terms:
If payments for amounts due on this contract or any portion thereof are not paid In accordance wlth the terms
of the contract,the contracting party agrees to pay all costs of collection which shall include reasonable fees if
the matter Is placed In the hands of an attorney for collection,or if suit shall be brought.
A finance charge of 1.5%per month(which Is an annual percentage rate of 18%)will be imposed on any
portion of your account not paid within 30 days after billing date.
YOUR SIGNATURE ON ONE COPY RETURNED TO US WILL MAKE THIS A LEGAL CONTRACT FOR THE PERFORMANCE OF THE
ABOVE WORK. WE RESERVE THE RIGHT TO CANCEL IF UNIT PRICES INCREASE BEFORE PYRAMID GRINDING COMMENCES
ACTUAL WORK ON THE PROJECT.
APPROVED BY OWNER PYRAMID GRINDING
Aeoapted: TM Aceepbed:
j
I
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 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.
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 $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.
EXHIBIT B (Continued)
3. Excess Liability insurance shall be written with limits no less than
$2,000,000 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:
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 Contract or other property insurance
applicable to the work. The policies shall provide such waivers by
endorsement or otherwise.
EXHIBIT B (Continued)
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
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.
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.
I
A� CERTIFICATE OF LIABILITY INSURANCE ;�8�2Q°iY"'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
FLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsements.
PRODUCER NWT Kim McClellan-Don Santos )
Conover Insurance, Inc. PHONE (425)822-3500 PAS 0•(425)022-3s10
11250 Kirkland Way _JAIC,NoADDIE kimmTaconoverinaurOnce.com
I "CER RSTCMERIDI.00140915
cu
Kirkland WA 98033 INSURERS AFFORDING COVERAGE _ NAIC0
INSURED INSURERA:COntinental Western Inn Co 10804
INSURER B
Pyramid Grinding, LLC INSURERC:
P.O. BOX 2260 INSURERD•
INSURER E
Renton WA 98056-2260 1 INSURER F.
COVERAGES CERTIFICATE NUMBER:11/12 Pyramid Grinding REVISION NUMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR TYPE OF INSURANCE ADDL SU R POLICY NUMBER MMND EFF MMIDDY EXP
LIMITS
LTR _
GENERAL LIABILITY EACH OCCURRENCE_ E 1,000,000
DAUNX COMMERCIAL GENERAL LIABILITYPREMISES 6REcumence $ 300,000
A CLAIMS-MADE X❑OCCUR 29349Ba /1/2011 /l/2012 MEDEXP(Any one person) $ 5,000
PERSONAL B ADV INJURY $ 11000,000
GENERAL AGGREGATE $ 2,000,000
GEN'LAGGREGATELIMITAPPLIESPER PRODUCTS_COMPIOP AGG $ 2,000,000
I POLICY $ PR0 LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea acddenl)
X ANY AUTO _
A ALL OWNED AUTOS2934988 /l/2011 /l/2012 BODILY INJURY(Per person) $
BODILY INJURY(Paracudent) S
SCHEDULEOAUTOS
PROPERTY DAMAGE $
HIRED AUTOS (Per xoden0
NON OWNED AUTOS Lin insured motodst combined S 1,000,000
Undednsured motonst $ 1,000,000
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE E 4,000,000 i
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000
_ DEDUCTIBLE $
A X RETENTION $ 10 000 U2939969 /1/2011 /1/2012 S
A WORKERS COMPENSATION H-
AND EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE YIN
P2934988 EL EACH ACCIDENT E 1,000 000
OFFICER/MEMBER EXCLUDED? ❑ NIA ""--
(MandatmylnNHl A STOP OAP /1/2011 /1/2012 EL DISEASE-EA EMPLOYEE If 11000,000
If yes descnbe under
DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000
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DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,ITmom apace is required) i
RE: City of Kent, various Locations.
The City of Kent is additional insured per form CLCGO020 0307 attached. Coverage is Primary and Non-Contributory per
form CLCGOD20 0307 attached Waiver of Subrogation applies per form CLCGO020 0307 attached.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Kent ACCORDANCE WITH THE POLICY PROVISIONS.
Public Works
5821 S. 240th St AUTHORIZED REPRESENTATIVE
Rent, WA 95032 �
Andy Emerick/STHANA a^^-!''�• C
ACORD 26(2009/09) 01988-2009ACORD CORPORATION. All rights reserved.
INS026(200900) The ACORD name and logo are registered marks of ACORD
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. MEDICAL PAYMENTS (b) That is Fire, Lightning, Explosion or
If SECTION 1—COVERAGE G MEDICAL PAY- Sprinkler Leakage insurance for prem-
isesMENTS is not otherwise excluded from this rented to you or temporarily
Coverage Part: pied by you with the permission off the
the
owner;
1. The Medical Expense Limit provided by this 4. Paragraph 9.a, of SECTION V — DEFINI-
policy, subject to the terms of SECTION III • DEFINI-
TIONS is deleted and replaced by the fol-
LIMITS OF INSURANCE, shall be the lowing,
o greater f.
a. $1f. 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. FIRE, 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- C. NON-OWNED WATERCRAFT
icy,the following applies.
1. The last paragraph of SECTION I — COV- 1. Paragraph g.(2) of SECTION I — COVER-
ERAGE A.2. Exclusions is deleted and re- AGE A.2. 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 by fire, lightning, explosion or sprin- (a) Less than 51 feet long, and
kler leakage to premises while rented to (b) Not used to carry persons or property
your or temporarily occupied by you with for a charge
Permission of the owner A separate limit of
insurance applies to this coverage as de- D. SUPPLEMENTARY PAYMENTS
scribed in SECTION III — LIMITS OF IN- SECTION I — SUPPLEMENTARY PAYMENTS
SURANCE — COVERAGES A AND B is amended as fol-
2. Paragraph 6. of SECTION III — LIMITS OF lows
INSURANCE is deleted and replaced by the 1. The limit of insurance in paragraph 1.b. is
following- increased from$250 to$2,500; and
6. Subject to 5.above, the greater of 2. The limit of insurance in paragraph 1.d. is
a. $300,000, or increased from$250 to$500
b. the Damage To Premises Rented E. AUTOMATIC ADDITIONAL INSURED —
To You Limit shown in the Declara- SPECIFIED RELATIONSHIPS
tions; The following is added to Paragraph 2, of SEC-
is the most we will pay under COVER- TION II-WHO IS AN INSURED
AGE A for damages because of "prop- a. Any person b organization described In
erty damage" to any one premises, paragraph
while rented to you, or temporarily oc- below, wham you and such
organization have agreed in writ-
cupied by you with the permission of the inerson or g in a contract or agreement that such per-
owner arising out of any one fire, light- son or organization be added as an addi-
ning, explosion or sprinkler leakage in- tponal Insured on your policy.
cident
3. Paragraph 4.b.(1)(b) Other Insurance of
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS is deleted and re-
placed by the following,
p
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 1 of 6
Office,Inc,with its permission
I
Such person or organization is an insured (c) The ownership, maintenance, or
provided, use of any elevators.
(1) The written or oral contract or agree- F. ADDITIONAL INSURED — OWNERS, LES-
ment is, SEES OR CONTRACTORS — AUTOMATIC
(a) Currently In effect or becomes effec- STATUS
tive during the policy period,and 1. SECTION II — WHO IS AN INSURED is
amended to include as an additional insured
(b) Executed prior to an "occurrence" or
offense to which this Insurance any person or organization for whom you
would apply are performing operations when you and
such person or organization have agreed in.,/
(2) They are not specifically designated as writing in a contract or agreement that such
an additional insured under any other person or organization be added as an addi-
provision of, or endorsement added to, tional insured on your policy.Such person or
this policy. organization is an additional insured only
f. Only the following persons or organizations with respect to liability for "bodily injury',
are additional insureds under this endorse- property damage' or personal and adver-
ment, and coverage provided to such addi- tieing injury caused, in whole or in part,by
tional insureds is limited as provided herein- a. Your acts or omissions;or
(1) The manager or lessor of a premise b. The acts or omissions of those acting on
leased to you, but only with respect to your behalf;
liability arising from the ownership, In the performance of our ongoing opera-
premises or use of that part of the P Y 9 9 p
premises leased to you and subject to tions for the additional insured
the following additional exclusions A person or organization's status as an
This insurance does not apply to: additional insured under this policy ends
a An "occurrence"which takes lace when your operations for that additional in-
( ) Y P sured are completed
after you cease to be a tenant of
that premises. 2. With respect to the insurance afforded to
(b) Structural alterations, new construc-
tion additional insureds,the following addi-
tion or demolition operations per- tional exclusions apply
formed by or on behalf of the man- This insurance does not apply to:
ager or lessor a. "Bodily injury", "property damage" or
(2) Any person or organization from whom "personal and advertising injury" ansing
you lease equipment, but only with re- out of the rendering of, or the failure to
spect to liability for'bodily injury", prop- render, any professional architectural,
erty damage" or"personal and advertis- engineering or surveying services, in-
ing injury"caused, in whole or in part, by cluding
your maintenance, operation or use of
equipment leased to you by such per- (1) The preparing, approving, or failing
son(s) or organization(s) to prepare or approve, maps, shop
drawings, opinions, reports, sur-
However, this insurance does not apply veys, field orders, change orders or
to any "occurrence" which takes place drawings and specifications, or
after the equipment lease expires
(2) Supervisory, inspection, architec-
(3) Any state or political subdivision, subject tural or engineering activities.
to the following additional provision
This insurance applies only with respect b. "Bodily injury" or "property damage"
to the following hazards for which the occurring after:
state or political subdivision has issued (1) All work, including materials, parts
a permit in connection with premises or equipment furnished in connec-
you own, rent, or control and to which tion with such work, on the project
this insurance applies (other than service, maintenance or
(a) The existence, maintenance, repair, repairs) to be performed by or on
construction, erection, or removal of behalf of the additional insured(s) at
advertising signs, awnings, cano- the location of the covered opera-
pies, cellar entrances, coal holes, tions has been completed; or {
driveways, manholes, marquees, (2) That portion of "your work" out of j
hoist away openings, sidewalk which the injury or damage arises
vaults, street banners, or decora- has been put to its intended use by
tions and similar exposures, or any person or organization other
(b) The construction, erection, or re- than another contractor or subcon-
moval of elevators,or tractor engaged in performing op-
erations for a principal as a part of
the same protect.
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 6
Office,Inc,with its permission
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a
3. The insurance provided by this endorsement c. We may pay any part or all of the de-
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-
sured. H. BROADENED NAMED INSURED
4. With respect to the insurance afforded to Paragraph 3. of SECTION 11 - WHO IS AN IN-
SURED is deleted and replaced by the follow-
LIMITS OF INSURANCE is amended as fol- Ing
lows: Any organization, other than a joint venture, over
which you maintain ownership or majority inter-
est of more than 50%will be a Named Insured if
sured are those specified in the written con- there is no other similar insurance available to
tract or agreement or the limits stated in the that organization. However.
Declarations, whichever Is less If no limits
are specified in the written contract or a. Coverage under this provision is afforded
agreement, the limits applicable to the addi- only until the 180th day after you acquire or
tlonal insured are those specified in the Dec- form the organization or the end of the pol-
larations. The limits of insurance are inclu- icy period,whichever is earlier
sive of and not in addition to the limits of in- „
b. COVERAGE A does not apply to bodily in-
surance shown in the Declarations. Jury or"property damage"that occurred be-
G. PROPERTY DAMAGE TO BORROWED fore you acquired or formed the organiza-
EQUIPMENT tion
1. Paragraph 2.. of SECTION I - COVER- c. COVERAGE B does not apply to "personal
AGES, COV-RAGE A BODILY INJURY and advertising injury" arising out of an of-
AND PROPERTY DAMAGE LIABILITY is fense committed before you acquired or
amended as follows formed the organization
Paragraphs (3) and (4) of this exclusion do 1. CONSTRUCTION PROJECT GENERAL AG-
not apply to tools or equipment loaned to GREGATE LIMIT
you, provided they are not being used to 1. For all sums which the insured becomes
perform operations at the time of loss legally obligated to pay as damages caused
2. SECTION III — LIMITS OF INSURANCE is by "occurrences" under COVERAGE A
deleted and replaced by the following, (SECTION 1), and for all medical expenses
caused by accidents under COVERAGE C
The most we will pay in any one occur- (SECTION 1),which can be attributed only to i
rence" for "property damage' to borrowed ongoing operations at a single construction
equipment is $15,000. This limit of insur- project away from premises owned by or
ante is the most we will pay regardless of rented to the insured:
the number of a. A Single Construction Project General
a. Insureds; Aggregate Limit applies to each con-
struction project away from premises
b. Claims made or"suits"brought, owned by or rented to the insured, and
c. Persons or organizations making claims that limit is equal to the amount of the
or bringing"suits". General Aggregate Limit shown in the
Declarations
3. Deductible b. The Single Construction Project General
a. Our obligation to pay damages on be- Aggregate Limit is the most we will pay
half of the insured applies only to the for the sum of all damages under COV
amount of damages in excess of $250 ERAGE A, except damages because of
as applicable to "property damage" as "bodily Injury" or "property damage" in-
the result of any one "occurrence", re- cluded in the "products-completed op-
gardless of the number of persons or erations hazard", and for medical ex-
organizations who sustain damages be- penses under COVERAGE C regard-
cause of that"occurrence" less of the number of
b. The terms of this insurance, including (1) Insureds,
those with respect to our right and duty
to defend the insured against any "suits" (2) Claims made or"suits"brought,or
seeking those damages; and your duties (3) Persons or organizations making
in the event of an"occurrence',claim, or claims or bringing"suits".
"suit" apply irrespective of the applica-
tion of the deductible amount
i
CL CG 00 20 03 07 Includes copyrighted material of Insurance Semces Page 3 of 6
Office,Inc,with its permission
c. Any payments made under COVERAGE J. KNOWLEDGE OF OCCURRENCE
A for damages or under COVERAGE C The following Is added to paragraph 2.Duties In
for medical expenses shall reduce the The Event Of Occurrence, Offense, Claim Or
Single Construction Project General Ag- Suit of SECTION IV — COMMERCIAL GEN-
gregate Limit for that construction pro-
ject away from premises owned by or ERAL LIABILITY CONDITIONS:
rented to the Insured. Such payments e. A report of an "occurrence", offense, claim
shall not reduce the General Aggregate or"suit"to:
Limit shown in the Declarations nor shall
they reduce any other Single Construc- (1) You, if you are an individual,
tion Project General Aggregate Limit for (2) A partner, if you are a partnership,
any other separate construction project (3) An executive officer, if you are a
away from premises owned by or rented corporation, or
to the insured (4) A manager, if you are a limited liability
d. The limits shown in the Declarations for company;
Each Occurrence, Fire Damage and Is considered knowledge and requires you
Medical Expense continue to apply to notify us of the "occurrence", offense,
However, instead of being subject to the claim,or"suit"as soon as practicable
General Aggregate Limit shown in the
Declarations, such limits will be subject f. We are considered on notice of an
to the applicable Single Construction "occurrence", offense, claim or "suit" that is
Project General Aggregate Limit reported to your Workers' Compensation
2. For all sums which the insured becomes insurer for an event which later develops
Into an "occurrence", offense, claim or"suit"
legally obligated to pay as damages caused for which there is coverage under this policy
by "occurrences" under COVERAGE A However, we will only be considered on
(SECTION 1), and for all medical expenses notice if you notify us as soon as you know
caused by accidents under COVERAGE C the claim should be addressed by this policy
(SECTION 1), which cannot be attributed rather than your Workers' Compensation
only to ongoing operations at a single des- policy
ignated construction project away from
premises owned by or rented to the insured: K. UNINTENTIONAL OMISSIONS
a. Any payments made under COVERAGE The following is added to paragraph 6. Repre-
A for damages or under COVERAGE C sentations of SECTION IV - COMMERCIAL
for medical expenses shall reduce the GENERAL LIABILITY CONDITIONS:
amount available under the General Ag- d. If you unintentionally fail to disclose any
gregate Limit or the Products- exposures existing at the inception date of
Completed Operations Aggregate Limit, your policy,we will not deny coverage under
whichever is applicable, and this Coverage Part solely because of such
b. Such payments shall not reduce any failure to disclose. However, this provision
Single Construction Project General Ag- does not affect our right to collect additional
gregate Limit premium or exercise our right of cancellation
or non-renewal
3. When coverage for liability arising out of the This provision does not apply to any known
"products-completed operations hazard" is injury damage which is excluded under
provided, any payments for damages be cause of"bodily injury"or"property damage any other provision of this policy."
Included in the "products-completed opera- L. MENTAL ANGUISH
tions hazard" will reduce the Products-
Paragraph 3. of SECTION V— DEFINITIONS is
Completed Operations Aggregate Limit, and deleted and replaced by the following.
not reduce the General Aggregate Limit nor
the Single Construction Project General Ag- 3. "Bodily injury" means bodily injury, sickness
gregate Limit, or disease sustained by a person, including
4. If the applicable construction project away mental anguish or death resulting from any
from premises owned by or rented to the in- of these at any time
sured has been abandoned, delayed, or M. WAIVER OF TRANSFER OF RIGHTS OF RE-
abandoned and then restarted, or if the au- COVERY AGAINST OTHERS
tainst Others To Us of SECTION IV— COM-
pphorized contracting parties deviate from Paagragraph 8. Transfer Of Rights Of Recovery
timetablesethetproject will stilt be deelons or med to MERCIALL GENERAL LIABILITY CONDITIONS
be the same construction project. is amended by the addition of the following:
6. The provisions of Limits Of Insurance j
(SECTION III) not otherwise modified by this
endorsement shall continue to apply as
stipulated.
r
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 4 of 6
Office,Inc,with its permission
We waive any right of recovery we may have the premises, site or loca-
because of payments we make for injury or tion in connection with such
damage ansmg out of your ongoing operations operations by such insured,
or "your work" done under a contract requiring contractor or subcontractor,
such waiver with that person or organization and Subparagraph b) does not
hazard in the "products-completed operations apply to "bodily injury" or
"property damage" ansing
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- i
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 f. under Section t— Coverage A pursuant t any e -
g mental prott ection or envinvi-
is replaced by the following: ronmental liability statutes
2. Exclusions or regulations that any in-
sured test for, monitor,
This insurance does not apply to, clean up, remove, contain,
f. Pollution treat, detoxify or neutralize,
or in any way respond to, or
(1) "Bodily injury" or"property dam- assess the effects of, "pol-
age"ansing out of the actual, al- lutants";or
leged or threatened discharge,
dispersal, seepage, migration, (b) Claim or suit by or on behalf
release or escape of "pollut_ of a governmental authority
ants" for damages because of
testmg for, monitoring,
(a) At or from any premises, cleaning up, removing, con-
site or location on which any taming, 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, clean 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 behalf of a governmental au-
partlally below the surface thority.
of the ground or water or „ „
which, at any time, has 2. With respect to bodily Injury or property
been burled under the sur- damage arising out of the actual, alleged or
face of the ground or water threatened discharge, dispersal, seepage,
and then subsequently ex- migration, release or escape of"pollutants'.
posed by erosion, excava- a. The "Each Occurrence Limit" shown in j
tion or any other means if the Declarations does not apply.
the actual, alleged or
threatened discharge, dis- b. Paragraph 7. of Limits Of Insurance
persal, seepage, migration, (Section III)does not apply
release or escape of "poi- c. Paragraph 1. of Section III —Limits Of
lutants arises at or from Insurance is replaced by the following,
any premises, site or loca-
tion which any insured or The Limits Of Insurance shown in this
any contractors or subcon- endorsement, or in the Declarations and
tractors working directly or the rules below fix the most we will pay
indirectly on any insured's regardless of the number of
behalf are performing op- (1) Insureds;
erations if the "pollutants"
are brought on or to
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 5 of 6
Once,Inc,with its permission
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(2) Claims made or"suits"brought;or 9. Subject to 8. above, the Medical
(3) Persons or organizations making Expense Limit is the most we will
claims or bringing"suits" pay under Coverage C for all medi-
cal expenses because of bodily in-
d. The following are added to Section III— 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". I
sum of O. OTHER INSURANCE
a. Damages under Coverage A; 1
and if this policy includes a Coverage Form or an
b. Medical expenses under Cover- Endorsement which provides coverage for loss
p 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- coverage provided by this endorsement are de-
erty damage" arising out of the ac- leted and replaced by the limit and coverage
tual, alleged or threatened dis- provided by that Coverage Form or Endorse-
charge, dispersal, seepage, migra- ment
tion, release or escape of "pollut-
ants"is$100,000.
f
I
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 6 of 6
Office,Inc,with its permission
Bond #69S301810
�✓ ICtMT PAYMENT AND PERFORMANCE BOND
TO CITY OF KENT
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Pyramid Grinding, LLC
as Principal, and First National Insurance Company of America
a Corporation organized and existing under the laws of the State of Washington, 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, are
jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $
19,600 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 Asphalt Grinding Services within the Panther Lake
Annexation Area (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 time
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, 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.
PAYMENT AND PERFORMANCE BOND
Page 1 of 2
t ,
TWO WITNESSES: Pyramid Grinding, LLC
PRINCIPAL (enter principal's name above)
BY:TITLE: li�iYa ll�
DATE: 7/ /11 DATE: o7LZ41-4I
I—
Samantha Davenport CORPORATE SEAL:
Amy Ludwig
PRINT NAME
DATE: 7/28/11 First National Insurance Company of AAvrr=t
SURETY
CORPORATE SEAL: BY: Monica Parks
DATE: 7/28/11
TITLE: Attorney - In - Fact
ADDRESS. 11250 Kirkland Way
Kirkland, WA 98034
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
P\CJVJRFgmgfft,ReMeegPeRemwe Mfte
PAYMENT AND PERFORMANCE BOND
Page 2 of 2
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4433495 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent
herein stated
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SEATTLE,WASHINGTON
POWER OF ATTORNEY -
KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America(the"Company'),a Washington stock insurance company,
pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint HENRY CHAO,
KIM MCCLELLAN-DOS SANTOS, BROOKE MCCASLIN, MONICA PARKS,ALL OF THE CITY OF KIRKLAND,STATE OF
WASHINGTON...........................................................................................................................................................................................
....................................................................................................................................................................................................................
,each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as
surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
THIRTY MILLION AND 00/100*************** ******DOLLARS (s 30,000,000.00***************** ******) each, and the execution of such
undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed
by the president and attested by the secretary of the Company in their own proper persons
That this power is made and executed pursuant to and by authority of the following By-law and Authorization
ARTICLE IV-Execution of Contracts Section 12 Surety Bonds and Undertakings
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitations
CL as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make, C
execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations Such attorneys-in-
m _ fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and d
c executed,such instruments shall be as binding as if signed by the president and attested by the secretary
cc
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact
d Pursuant to Article IV,Section 12 of the By-laws,Garnet W Elliott,Assistant Secretary of First National Insurance Company of America,is authorized v N
e w to appoint such attorneys-in-fact as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety W
p 6 any and all undertakings,bonds,recognizances and other surety obligations _ (£
r � Q
am That the By-jaw and the Authorization set forth above are true copies thereof and are now in full force and effect, 0 M
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of • It
m0 d First National Insurance Company of America has been affixed thereto in Plymouth Meeting,Pennsylvania this 1 st day of March 0-0
2011 w m
ai O
0 ar ^ „ FIRST NATIONAL INSURANCE COMPANY OF AMERICA jL m
k; u fi
0 G1 s ziF.. I tip By t 9-�4-•^- �- .ter.C
pr(D '� rasa Garnet W Elliott,Assistant Secretary 0 r)
V— COMMONWEALTH OF PENNSYLVANIA as s m
0 COUNTY OF MONTGOMERY
9
Om On this 1 St day of March 2011 before me, a Notary Public, personally came Garnet W Elliott, to me known, and >p
p >, acknowledged that he is an Assistant Secretary of First National Insurance Company of America,that he knows the seal of said corporation, and that he t N
= executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the " cD
> 4) direction of said corporation E 4
Z � w
00 IN TESTIMONY WHEREOF vrjrb to subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year C a
first above written " P-, _ _ _ , ////f co r
_..r..-.�— O 1
C L .� , recess Pnetrta 0.r rry 'ubtx By _ _-_ — F
c,omy Ter e Pastella,Notary Public
.••- OF �> �.,r,,m�s,a�t Ext.irea Mai 28 PC°3 y
CERTIFICATE h§a xr,°e»nsy drxe Aasar.+o�afN ar es �_�_vf s �'- _
I,the undersigned, Ass National Insurance Company of America,do fie eTj certify that the ongh+a1EP0ws`r of attirtrtev'bf which
the foregoing is a full,tru y,is in full force and effect on the date of this certificate,and I do further certify tl' thb officer or official wro
executed the said power of a is an Assistant Secretary specially authorized by the chairman or the president to ap,,oint attttolneys in-fact as
provided in Article IV, Section 12 of the By-laws of First National Insurance Company of America
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under eitid by authprt6q of the
following vote of the board of directors of First National Insurance Company of America at a meeting duly called and held on the 18th day,of September,
2009
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the _
same force and effect as though manually affixed
IN TESTIMONY WHEREOF, I have hereunto subscribed my nod ed the corporate seal of the said company,thisggth day of
Sri 13. ,20.1.1—• {.;"�av�'�y��`
r32s a? Byaf
„S David M Carey,Aggistant Secretary
REQUEST FOR MAYOR'S SIGNATURE
• Please FIII in All Applicable Boxes
KENT This farm must .be printed an cherry paper
W nS HINGION
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Dave Brock Phone (Originator) 5658
Date Sent r�z/ '=�i Date Required- 4
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 8/31/11
VENDOR NAME: Pyramid Grinding DATE OF COUNCIL APPROVAL:
Brief Explanation of Document
The attached agreement is for Pyramid Grinding to provide asphalt grinding services for the Panther Lake Annexation
Area The initial contract with this Vendor, in the amount of$29,400, was executed on July 13, 2011 It is anticipated
the maximum contract amount of the initial contract will be reached by August 5th A second contract with this Vendor
is necessary to continue progress on asphalt dig-out repairs in the Annexation area
RECEIVED
All Contracts Must Be Routed Through the Law Department
[�
(This Area to be Completed By the Law Department)
Received RECEIVE® fpE„i�r
ce o it e I or
Approval of Law Dept
Law Dept Comments AUG 0 2 2011
DENT" LAW DEFT.
Date Forwarded to Mayor
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition
Date Returned:
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