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HomeMy WebLinkAboutCAG2022-170 - Original - Combined Cutting Contractors, Inc. dba P&D Tree Service - Tree Removals at The Old Fishing Hole - 05/03/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan Apple 4 Jan Applegate Parks, Recreation & Community Services 04/25/2022 as soon as posible n/a 10006600.64190.5425 4 4 N/A Contract 1139397 Original as soon as possible Other 05/31/2022 4 4 4 $14,643.30 GL PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Combined Cutting Contractors, Inc. dba P & D Tree Service THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Combined Cutting Contractors, Inc. dba P & D Tree Service organized under the laws of the State of Washington, located and doing business at 20311 SE 240th Street, Maple Valley, WA 98038. Contact: Chris Power Jr, Phone: (425) 432 -7636 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Contractor will remove two (2) cottonwood trees on the ground, two (2) standing cottonwood trees and one (1) maple tree hit by the cottonwood tree at the Old Fishing Hole located at 24945 Frager Road South, Kent, WA 98032. Contractor will grind the rootballs and stumps and remove all debris as described in their Proposal dated 03/09/2022 attached and marked as Exhibit A. The 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 within 15 working days after the City issues its Notice to Proceed . Upon the effective date of this Agreement, all physical work shall thereafter be completed by May 31, 2022. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FOURTEEN THOUSAND SIX HUNDRED FORTY THREE DOLLARS AND THIRTY CENTS ($14,643.30), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) 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. B. Retainage. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the 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 li ens 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 the Contractor’s signature on the Agreement. C. Defective or Unauthorized Work . The City reserves its right to withhold payment from the 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 the 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 the 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 the 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 the Contractor’s services and is a serv ice 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 - 3 ($20K or Less and No 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 the 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. 18.2 7 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. The 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. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the 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 th e 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, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the 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 ag reement 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 PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 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 IX, 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 c hange order that is accepted by the 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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID -19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs i ncurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Excep t as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. 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. PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) 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 t he 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). X. 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. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor’s receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. 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. XII. 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. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) The 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. XIII. INDEMNIFICATION. The 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 the 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 duty to defend, indemnify, and hold the City harmless, and the Contractor’s liability accruing from that obligation 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 IMMUNI TY 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 the 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 the 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 refus al on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. 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. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The 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 the Contractor's own risk, and the 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. XVI. 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 relinquishm ent 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 PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) 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 Agreemen t, 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 XI II 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 t he 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 ad dress 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 the 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 the Contractor's business, equipment, and personnel engaged in operations covered by this Agreemen t or accruing out of the performance of those operations. I.Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J.City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K.Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agre ement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior PUBLIC WORKS AGREEMENT - 8 ($20K or Less and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name:________________________ Its: ______________________________ NOTICES TO BE SENT TO: CONTRACTOR: Chris Powell Jr. Combined Cutting Contractors, Inc. dba P & D Tree Service 20311 SE 240th Street Maple Valley, WA 98038 (425) 432-7636 or (877) 766-4882 (telephone) (425) 413-7991 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Quientin Poil, Parks West Operations Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253)856-5127 (telephone) (253)856-6120 (facsimile) ATTEST: Kent City Clerk Chris Powell (May 2, 2022 09:18 PDT) Chris Powell Chris Powell Vice President 05/02/2022 Brian Levenhagen (May 3, 2022 09:06 PDT) Brian Levenhagen Deputy Director EEO COMPLIANCE DOCUMENTS - 1 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. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ Chris Powell (May 2, 2022 09:18 PDT) Chris Powell Combined Cutting Contractors Inc DBA P n D Logging & Tree Service Vice President 05/02/2022 EEO COMPLIANCE DOCUMENTS - 2 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 - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that 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. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ BIDDER RESPONSIBILITY CRITERIA - 1 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded . The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (March 9, 2022), the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Combined Cutting Contractors, Inc. dba P & D Tree Service By: __________________________________________ Signature of Authorized Official* Printed Name: _________________________________ Title: ________________________________________ Date: ________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. Chris Powell (May 2, 2022 09:18 PDT) Chris Powell Chris Powell Vice President 05/02/2022 Maple Valley, Washington 4/25/22, 11:58 AM about:blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 4/25/2022 *Risk County Trade Job Classification Wage Holiday Overtime Note Class King Laborers Air, Gas Or Electric Vibrating $54.62 15J 4V 8Y View Screed King Laborers Airtrac Drill Operator $56.31 15J 4V 8Y View King Laborers Ballast Regular Machine $54.62 15J 4V 8Y View King Laborers Batch Weighman $46.29 15J 4V 8Y View King Laborers Brick Pavers $54.62 15J 4V 8Y View King Laborers Brush Cutter $54.62 15J 4V 8Y View King Laborers Brush Hog Feeder $54.62 15J 4V 8Y View King Laborers Burner $54.62 15J 4V 8Y View King Laborers Caisson Worker $56.31 15J 4V 8Y View King Laborers Carpenter Tender $54.62 15J 4V 8Y View King Laborers Cement Dumper -paving $55.62 15J 4V 8Y View King Laborers Cement Finisher Tender $54.62 15J 4V 8Y View King Laborers Change House Or Dry Shack $54.62 15J 4V 8Y View King Laborers Chipping Gun (30 Lbs. And $55.62 15J 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $54.62 15J 4V 8Y View King Laborers Choker Setter $54.62 15J 4V 8Y View King Laborers Chuck Tender $54.62 15J 4V 8Y View King Laborers Clary Power Spreader $55.62 15J 4V 8Y View King Laborers Clean-up Laborer $54.62 15J 4V 8Y View King Laborers Concrete Dumper/Chute $55.62 15J 4V 8Y View Operator King Laborers Concrete Form Stripper $54.62 15J 4V 8Y View King Laborers Concrete Placement Crew $55.62 15J 4V 8Y View King Laborers Concrete Saw Operator/Core $55.62 15J 4V 8Y View Driller King Laborers Crusher Feeder $46.29 15J 4V 8Y View King Laborers Curing Laborer $54.62 15J 4V 8Y View King Laborers Demolition: Wrecking Et Moving $54.62 15J 4V 8Y View (Incl. Charred Material) about:blank 1 /4 4/25/22, 11:58 AM King Laborers King Laborers King Laborers King King King King King King King King King King King King King King Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers King Laborers King Laborers King Laborers King Laborers King King King King King King King King King King King King King King King King King Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers about:blank Ditch Digger Diver Drill Operator (Hydraulic, Diamond) Dry Stack Walls Dump Person Epoxy Technician Erosion Control Worker Faller Et Bucker Chain Saw Fine Graders Fi rewatch Form Setter Gabian Basket Builders General Laborer Grade Checker Et Transit Person Grinders Grout Machine Tender Groutmen (Pressure) Including Post Tension Beams Guardrail Erector Hazardous Waste Worker (Level A) Hazardous Waste Worker (Level B) Hazardous Waste Worker (Level C) High Scaler Jackhammer Laserbeam Operator Maintenance Person Manhole Builder-Mudman Material Yard Person Motorman -Dinky Locomotive nozzleman (concrete pump, green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) Pavement Breaker Pilot Car Pipe Layer (Lead) Pipe Layer/Tailor Pipe Pot Tender Pipe Reliner Pipe Wrapper Pot Tender Powderman $54.62 15J 4V 8Y View $56.31 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $46.29 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $57.31 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $56.31 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $56.31 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V 8Y View $57.31 15J 4V 8Y View $55.62 15J 4V 8Y View $46.29 15J 4V 8Y View $57.31 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $56.31 15J 4V 8Y View about:blank 2/4 4/25/22, 11:58 AM about:blank King Laborers Powderman's Helper $54.62 15J 4V 8Y View King Laborers Power Jacks $55.62 15J 4V 8Y View King Laborers Railroad Spike Puller - Power $55.62 15J 4V 8Y View King Laborers Raker - Asphalt $57.31 15J 4V 8Y View King Laborers Re-timberman $56.31 15J 4V 8Y View King Laborers Remote Equipment Operator $55.62 15J 4V 8Y View King Laborers Rigger/Signal Person $55.62 15J 4V 8Y View King Laborers Rip Rap Person $54.62 15J 4V 8Y View King Laborers Rivet Buster $55.62 15J 4V 8Y View King Laborers Rodder $55.62 15J 4V 8Y View King Laborers Scaffold Erector $54.62 15J 4V 8Y View King Laborers Scale Person $54.62 15J 4V 8Y View King Laborers Sloper (Over 20") $55.62 15J 4V 8Y View King Laborers Sloper Sprayer $54.62 15J 4V 8Y View King Laborers Spreader (Concrete) $55.62 15J 4V 8Y View King Laborers Stake Hopper $54.62 15J 4V 8Y View King Laborers Stock Piler $54.62 15J 4V 8Y View King Laborers Swinging Stage/Boatswain $46.29 15J 4V 8Y View Chair King Laborers Tamper Et Similar Electric, Air $55.62 15J 4V 8Y View Et Gas Operated Tools King Laborers Tamper (Multiple Et Self- $55.62 15J 4V 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $55.62 15J 4V 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $54.62 15J 4V 8Y View King Laborers Topper $54.62 15J 4V 8Y View King Laborers Track Laborer $54.62 15J 4V 8Y View King Laborers Track Liner (Power) $55.62 15J 4V 8Y View King Laborers Traffic Control Laborer $49.50 15J 4V 9C View King Laborers Traffic Control Supervisor $52.45 15J 4V 9C View King Laborers Truck Spotter $54.62 15J 4V 8Y View King Laborers Tugger Operator $55.62 15J 4V 8Y View King Laborers Tunnel Work -Compressed Air $142.82 15J 4V 9B View Worker 0-30 psi King Laborers Tunnel Work -Compressed Air $147.85 15J 4V 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work -Compressed Air $151.53 15J 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work -Compressed Air $157.23 15J 4V 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work -Compressed Air $159.35 15J 4V 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work -Compressed Air $164.45 15J 4V 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work -Compressed Air $166.35 15J 4V 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work -Compressed Air $168.35 15J 4V 9B View Worker 70.01-72.00 psi about:blank 3/4 4/25/22, 11:58 AM about:blank King Laborers Tunnel Work -Compressed Air $170.35 15J 4V 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $57.41 15J 4V 8Y View Tender King Laborers Tunnel Work -Miner $57.41 7A 4V 8Y View King Laborers Tunnel Work -Miner $57.41 15J 4V 8Y View King Laborers Vibrator $55.62 15J 4V 8Y View King Laborers Vinyl Seamer $54.62 15J 4V 8Y View King Laborers Watchman $42.08 15J 4V 8Y View King Laborers Welder $55.62 15J 4V 8Y View King Laborers Well Point Laborer $55.62 15J 4V 8Y View King Laborers Window Washer/Cleaner $42.08 15J 4V 8Y View about:blank 4/4 Gonblned Gutting Gontractors, Inc.MEMBER ot BBB PROPOSATBetter Business Bureau D.B.A. P&D Tree Service (4251432-7636. 1-877-766-4882 . Fax (425) 413-7991 Lic.# CCPNDLOLTsGTQQ ' UBI 601-439-180 Ask about our low impact crane removal program! www.panddtreeservice.com Visa / Mastercard panddlogging@comcast.net Fully Insured and Bonded Customer Name: HOMEADDRESS:'2,p1q L{ g. WORK PHONE:t aWzCITY I ZIP: FAX:lz.1 [3'VCELL:E-MAIL: fr^$.cL{t We hereby submit specifications and estimate for: 1). 2). 3). 4). s). 6). 1). 8). c<>'l4<rr^,.'o oJJ r^aple h'T bl "l"d noolh"lls Fs bpt /{J C)^ qlatn I + !s F,-.JL: co!-lzns I c otlor,roo\ d f-Tax f<-nct^- ql,l "g46l o,?o 5-Oo Pl4i4 e) 10). 1 1): 12): r3): 14).TVtr;;Au Ch"'l Deflnitions: Permits are the responsibility of the customer, and shall hold P&D Tlee Service harrnless. Removal means taking of something down, never does it refer to hauling or stump grinding. Stump grinding and wood removal are separate charges. Firewood means rounds; to be left where cut-up. Any moving would be additional charges. If logs are taken, firewood means anything too small to go on the truck and too big for the chipper Signature Date Please see terms and conditions on back REV 01/21 EXHIBIT A EXHIBIT B TNSURANCE REQUTREMENTS 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 pro.perty which may arise from or in connectioh 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, 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, tfre 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. 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. 3. 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. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 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 9r on behalf df tne contractor and a copy of the endorsement naming the City as additional insured shall be 6ttached 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 Liabil.ity insurance shall blso 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 A:VII. 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 ihsured 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. CERTIFICATE OF LIABILITY INSURANCE CERTIFIGATE NUMBER:NUMBER: DATE (MM/DD/YYYY) 4/22/2022 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. THHOLDER,tsRIGHTSNOTHEUPONERTIFICATEcINFORMAOFONLTIONANYCONFERSDISSUEDtsAASTTERMACERTIFICATETHISBYAFFORDEDETHPOLTClESTHETERCOVERAGE AUTHORIZEDTHEISSUINGBETWEENrNsuRER(S), ons or endorsed.holder an may requlre an endorsement. A statement ontheofcertainNWAIVEsuthetoandtermsconditionspoliciesSUBROGATIOrsD,pollcyttfbject must to the certificate holder in lieu of suchthis certificate does not confer NAIC #AFFORDING COVERAGE 24856rNsLrRERA: ADMIRAL INSURANCE CO Agent: Rob Balderas 12918 Mukilteo Speedway Ste C-23 PMB 603 Lynnwood,wA 98087-5125 35378tNsuRER B: EVANSTON INS CO 45055rNsuRER c : ASCOT SPECIAITY INSURANCE CO INSURER D : INSURER E: Fi Cornbined Cutting Contractors, Inc. and P'n'D Tree Service 203 il SE 240TH ST wA 98038-86r8MAPLE VALLEY INSUEED TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS IONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, iltounc9OF EXCLUS ABOVE FOR THE POLICY PERIODIN|jURANUts LI:; I bIJ btsL(JVV HAVE t'trEl\ISSUED TO THETHIS IS TO CERTIFY THAT THE POLICIbS INDICATED. NOTWITHSTANDING ANY REOUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE IMM'DD/YYYYI LIMIT9FVttut cra(MM/DD/YYYY}INSD \ rvD POLICY NUMBERLTRTYPE OF INSURANCE I,000,000$EACH OCCURRENCE $300,000UAIVAUE IVAEI\IEU PREMISES (Ea occurone) MED EXP (Any one person)s,000$ PERSONAL & ADV INJURY I,000,000$ $2,000,000GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 2,000,000$ $ il/09/2021 tt/09/2022YcA000040031-02 COMMERCIAL GENERAL LIABILTTY cLArMs-MAoE l-rlo""r* GEN'L AGGREGATE LIMIT APPLIES PER: PoLrcY [X| !ffii l-lto. OTHER; A 1,000,000$ BODTLY INJURY (Per person)$ BODILY INJURY (Per accident)$ $ $ luoqD02t 1t/09/2022YESAL2I r 0000563-01 ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY ONL LIABILITY SCHEDULED AUTOSC EACH OCCURRENCE $4,000,000I $4,000,000AGGREGATE UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS.MADE $ t1/09/2021 tt/0912022YEZXS3064085 DED RETENTION $ B TEN STATUTE x ER WA STOP GAP I,000,000$E.L. EACH ACCIOENT r,000,000$E.L. DISEASE - EA EMPLOYEE 1,000,000$ n/09t2022 E.L. DISEASE - POLICY LIMIT cA00004003 1 -02 nt09/2021N/AA EMPLOYERS'LIABILITY N NH} under oF oPERATIONS below Y/N describe in Re: Project located at the Old Fishing Holc 24945 Frager Road South' Kent, WA 98032 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attsched if more space is required) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANGELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS,City of Kent AUTHORIZED REPRESEI.ITATIVE To\qd M,W^U 220 Fourth Avcnue South , Kcnt, WA 98032 @ 1988-2015 ACORD CORPORATION. All rights reserved' cG 20 10 12 19 Policy Number: CA000040031 -02 Dale'. 11lOQl2O21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that is an owner, lessor or manager ofreal properfy or personal property on which you are performing ongoing operations, or a contractor on whose behalf you are performing ongo- ing operations, but only ifcoverage as an additional insured is required by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or'property damage" first occurs, or the "personal and advertising injury" offense is first commiff€-d, subsequent to. the,-execution ofthe contract or agreement. All locations at which the Named Insured is pcrform- ing ongoing operations. Informatiort required to complete this Schedule, if not shown above, will be shown in the Declarations. cG 20 10 12 19 @ lnsurance Services Office, lnc., 2018 Pagetot? tr A. Section ll - Who ls An lnsured is amended to include as an additional insured the person{s) or oiganization(s) shown in the Schedule, but only with respectto liability for "bodily injury", "property dainage" or'ipersonal and advertising injury" caused, in whole or in part, by: our acts or omissio ns: or1.Y , - ---- - !, The aets erenligsi in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However; 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, th.q insurance afforded"to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply; This insurance does not apply to "bodily injury" or "property damage" occurring after: l. All work, including materials, parts or equipment furnished in connection with such work, on the projqg! (other than servici, maintenance or repairi) to be performed.by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to. its intended use by any person or organization other than another tontractor or subcontractor engaged in performing operations for a principalas a part of the same project' C. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. cG 20 10 12 19 @ lnsurance Services Office, lnc., 2018 Page2ot2 tr cG20371219 Policy Number: CAO00040031 -02 Effective D ate: I 1 lQ9 I 2O21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUTLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETE D OP E RATIONS LIABI LITY COVERAG E PART SCHEDULE A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dai'nage" caused, in whole or in part, by "your work" at the location designated and described in the Schedlle of this endorsement performid for that additional insured and included in the "products- completed operations hazard ". Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that is an owner, lessee or manager of real property or personal property for whom you work or have worked, or a contractor on whose behalf you work or have worked, but only if coverage as an additional insured extending to "bodily injury" or "property damage" included in the "products-completed operations hazard" is required by a written contract or written agreement that is an "insured contract" and provided that the "bodily injury" or "property damage" first occurs subsequent to the execution of the contract or agreement. All locations except locations where "your work" is or was related to a job or project involving single-family dwellings, multi-family dwellings (other than rental apartments in an apartment building: (a) originally constructed and at all times used for such purpose, or (b) converted from a commercialbuilding), condominiums, townhomes, townhouses, time-share units, fractional-ownership units, cooperatives and/or any other structure or space used or intended to be used as a residence. Information required to complete this Schedule, if not shown above, will be shown in the Declarations n9wevgr: cG20?7 L2t9 O lnsurance Services Office, lnc., 2018 Pagelof2 tr 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to iuch additional insured will not be broader than that which you are required by the contract Limits Of Insurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. cG 20 37 t2 Lg @ lnsurance Services Office, lnc., 2018 PaEe2 of 2 PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION (lnsurance Services Office Endorsement CG 20 01 0413) Primary And Noncontributory lnsurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek con' tribution from any other insurance available to flre additional insured. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (lnsurance Services Office Endorsement CG 24 04 05 091 SCHEDULE Name Of Person Or Organization: Any person or organization, but only if the following conditions are met; (l) You have expressly agreed to the waiver in a written contract; and (2) The injury or damage fir'st occurs subsequent to the execution of the written contract, lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section lV - Con' ditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. AD G8 gg Ol t7 lncludes copyrighted material of lnsurance Services Office, lnc., Page 5 of 13 tr with its permission, 2009,2012 & 2013. POLICY NUMBER: ESAL2110000563-01 COMMERCIAL AUTO cA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Forrn apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who ls An lnsured provision of the Coverage,Form. This endorsemenl dses not-alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named lnsured COMBINED CUTTING CONTRACTORS INC EndorsementEffectiveDate: 1110912021 SCHEDULE Name Of Person(s) Or O Any person(s) or organization(s) rganization(s): operations when you and such person or organization havefor whom you are performing agreed in writing in a contract or agreement lhat such person or organization be added as an additional insured on your policy. The written contract or agreement must be signed by both parties prior to the "accident" or the "loss lnformation to ts if not shown above will shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organizalion qualifies as an "insured" under the Who ls An lnsured provision contained in Paragraph A.1. of Section ll - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section ! - Qovgred Autos ebVe-rages oTihe Auto DeEIers Coverage Form. Policy Number: ESAL21 10000563-01 COMMERCIAL AUTO cA 0449 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other lnsurance Condition in the Business Auto Coverage Form ahd the Othef lhstlrahc6 - Piiinaly And Excess lnsurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.. Such "insured" is a Named lnsured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured", B. The following is added to the Other lnsurance Condition in the Auto Dealers Coverage Form and Supersede5 anl pioVi5ioh to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: l. Such "insured" is a Named lnsured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be piimary and would not seek contribution from any other insurance available to such "insurgd", cA 04 49 11 16 @ lnsura nce Office. lnc..2016 Paoe 1 of I Home (/) / Basic Information Legal Entity Name UBI License Type Reissuance Application Id License Number Application Status Combined Cutting Contractors Inc 6014391800010002 BLOC 2463 2150498 (2022) Issued Al Basic Information (/Basiclnformation/Index?idType=2&encryptedld=917U4g612KZADxcwewf42g3LLpK993LLpK99) Business Information (/Businesslnformation/Index?idType=2&encryptedld=917U4g612KZADxcwewf42g3LLpK993LLpK99) Payment (/Payment/Index?idType=2&encryptedld=917U4g612KZADxcwewf42g3LLpK993LLpK99) Review (/Review?idType=2&encryptedld=917U4g612KZADxcwewf42g3LLpK993LLpK99) Notes (/AdminNotes?idType=2&encryptedld=917U4g612KZADxcwewf42g3LLpK993LLpK99) Business Name Combined Cutting Contractors Inc Trade Name (DBAs) P n D Logging & Tree Service Address Type ♦Add Business/Mailing Address Address City State Postal Code Parcel Number Address Type Main Business Address Main Mailing Address ♦Add Business/Mailing Address Email Address * panddlogging@comcast.net Phone Number 425-432-7636 Unified Business Identifier 6014391800010002 Legal Entity Type Corporation Non -Profit No Naics Code * 113310 - Logging Address City State Postal Code 20311 SE 240th St Maple Valley WA 98038-8618 20311 SE 240th St Maple Valley WA 98038-8618 Parcel Number v v Type of Business * ❑ Wholesaling O Retailing ❑ Service & Other O Manufacturing O Construction O Govt. ❑ Transp./Commun./Util. ❑ Finance/Insur./RE ❑ Education ❑ Health Industry ❑ Sales/Mktg ❑ Rental Housing ❑ Hotel/Motel/Lodge ❑ Nonprofit Cl Professional Services ❑ Publishing/Printing ❑ Adult Family Home ❑ Day Care ❑ Short Term Rentals ❑ Communal Residence ❑ Group Home ❑ Food Service ❑ Mobile Business ❑ Other Total # of Full -Time employees (including working owners) * 13 Total # of Part-time employees * Co Business Description * Tree Removal, Stump Grinding. Thinning pruning windsailing l Estimated Annual Gross Income in Kent: * $2,001 - $200,000 v Title Name Address City State Postal Code Email Contact Chris Powell 20311 SE 240th St Maple Valley WA 98038-8618 panddlogging@comcast.net (mailto:panddlogging@comcast.net) Does your business generate, collect, transport and dispose of wastewater? * No v Kent Open Date * 1 /1 /2022 Home based business? * m Ambulance type business? No 220 Fourth Ave. S. Kent, WA 98032 Finance Customer Service 253-856-5210 r\ v v Save 91 (https://www.facebook.com/CityofKent) 13 (https://twitter.com/cityofkent) 13 (https://www.youtube.com/user/KentTV21) 12(https://vimeo.com/kenttv2l ) Signature: Email: Signature: Email: Signature: Email: Signature: Email: japplegate@kentwa.gov Garin Lee (Apr 25, 2022 14:27 PDT) glee@kentwa.gov rlashley@kentwa.gov Melissa McCormick (May 3, 2022 10:30 PDT) Melissa McCormick cityclerk@kentwa.gov Combined.Cutting.2022 Final Audit Report 2022-05-03 Created:2022-04-25 By:Janice Applegate (japplegate@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAwyzamcExFMTvlL0fq7VOTeKffWxbPdSz "Combined.Cutting.2022" History Document created by Janice Applegate (japplegate@kentwa.gov) 2022-04-25 - 7:56:57 PM GMT- IP address: 146.129.252.126 Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2022-04-25 - 8:05:56 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2022-04-25 - 8:06:00 PM GMT Email viewed by Garin Lee (glee@kentwa.gov) 2022-04-25 - 9:26:06 PM GMT- IP address: 146.129.252.126 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2022-04-25 - 9:27:11 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Chris Powell (accounting@panddtreeservice.com) for signature 2022-04-25 - 9:27:13 PM GMT Email viewed by Chris Powell (accounting@panddtreeservice.com) 2022-04-28 - 7:57:40 PM GMT- IP address: 24.19.59.148 Email viewed by Chris Powell (accounting@panddtreeservice.com) 2022-05-02 - 4:15:41 PM GMT- IP address: 24.19.59.148 Document e-signed by Chris Powell (accounting@panddtreeservice.com) Signature Date: 2022-05-02 - 4:18:09 PM GMT - Time Source: server- IP address: 24.19.59.148 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-05-02 - 4:18:13 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-05-02 - 6:17:01 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-05-02 - 6:29:09 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2022-05-02 - 6:29:12 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2022-05-03 - 4:06:14 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-05-03 - 4:06:51 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-05-03 - 4:06:54 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-05-03 - 4:08:35 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-05-03 - 4:08:49 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2022-05-03 - 4:08:52 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2022-05-03 - 5:28:56 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-05-03 - 5:30:30 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-05-03 - 5:30:30 PM GMT