HomeMy WebLinkAboutCAG2022-345 - Original - Combined Cutting Contractors, Inc. dba P & D Tree Service - Emergency Tree Removal at Woodland Ways - 08/24/2022ApprovalOriginator: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
Dir. Assist:
Dir/Dep Dir:
4
Shayla Ott Parks, Recreation & Community Services
08/16/2022 As soon as possible
N/A
10006600.64190.5303
4
4
N/A
Contract
1139397 Original
As soon as possible
Other
09/30/2022
4
4
4
$11,560.50
GL
BL
BL
8/25/22
PUBLIC WORKS AGREEMENT - 1
(Roadway/Pedestrian Path - $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:
Removal of two Cottonwoods at the location of Upper Mill Creek Canyon @ 26030 Woodland
Way S Kent WA. Tree service will remove both trees and chip branch material and leave rounds
in the canopy floor as listed in Exhibit A Proposal 8/16/2022.
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 September 30, 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 ELEVEN
THOUSAND FIVE HUNDRED AND SIXTY DOLLARS AND FIFTY CENTS. ( $11,560.50 ). 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 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
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.
PUBLIC WORKS AGREEMENT - 2
(Roadway/Pedestrian Path - $20K or Less and No Performance Bond)
A. No Payment and Performance Bond. Because this contract, including applicable sales
tax, is less than $150,000, 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 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 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 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.
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.
PUBLIC WORKS AGREEMENT - 3
(Roadway/Pedestrian Path - $20K or Less and No Performance Bond)
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. 18.27 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. 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 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, 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 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 IX, Claims, below.
PUBLIC WORKS AGREEMENT - 4
(Roadway/Pedestrian Path - $20K or Less and No Performance Bond)
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 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 incurred 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. Except 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.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
PUBLIC WORKS AGREEMENT - 5
(Roadway/Pedestrian Path - $20K or Less and No Performance Bond)
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
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.
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.
PUBLIC WORKS AGREEMENT - 6
(Roadway/Pedestrian Path - $20K or Less and No Performance Bond)
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 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 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 refusal
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 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
PUBLIC WORKS AGREEMENT - 7
(Roadway/Pedestrian Path - $20K or Less and No Performance Bond)
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XIII 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 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 Agreement 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 Agreement
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
(Roadway/Pedestrian Path - $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: Brian Levenhagen
Its: Deputy Parks Director
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Chris Powell
Combined Cutting Contractors, Inc.
dba P & D Tree Service
20311 SE 240th Street
Maple Valley, WA 98038
(425) 432- 7636 (telephone)
(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) 856-5217 (telephone)
(253) 856-6120 (facsimile)
ATTEST:
Kent City Clerk
]
Brian Levenhagen (Aug 24, 2022 13:06 PDT)
Brian Levenhagen
Aug 24, 2022
Chris Powell (Aug 24, 2022 13:16 PDT)
Chris Powell
Chris Powell
Vice President
Aug 24, 2022
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 (Aug 24, 2022 13:16 PDT)
Chris Powell
P n D Logging & Tree Service
Vice President
Aug 24, 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 (August 16, 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 (Aug 24, 2022 13:16 PDT)
Chris Powell
Chris Powell
Vice President
Aug 24, 2022
Maple Valley, WA
Customer Name: \\ t =1
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DATE
ADDRESS . �� � a 0
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HOME PHONE:
CITY / ZIP
..,,.,
WORK PHONE:
E-MAIL:
,FAX:
COMMENTS:'
We hereby submit specifications and estimate
for:
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12).
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Definitions: Permits are the responsibility of the customer, and shall hold P&D Tree Service harmless. 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.
3% credit card processing fee. Full payment upon completion of job, unless other arrangements have been made. 20% interest charge
after 30 days. Coupon not to be combined with Visa or MasterCard. All material is guaranteed to be as specified. All work to be
completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specification will become
an extra charge over and above the estimate. All agreements contingent upon strikes, accident or delays beyond our control. Homeowner
to mark trees if away from work site, and will not hold C.C.C.I. responsible for errors. Any timber tax to be paid by the homeowner. The
above prices specifications are hereby accepted.. You are authorized to do the work as specified. Payment will be made as outlined above.
Signature Date
Please see terms and conditions on back REV 01/21
PARKS, RECREATION AND COMMUNITY SERVICES
Julie Parascondola, Director
Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
[August 16, 2022]
TO: Garin Lee
FROM: Quientin Poil
THROUGH: Julie Parascondola, Director of Parks, Recreation and Community Services
SUBJECT: {2} Cottonwood Tree Removals Mill Creek Canyon Adjacent to Woodland Way
Resident
Scope of Work:
City off Kent Parks Department is hiring P and D Tree Service to remove two Cottonwoods at the
location Upper Mill Creek Canyon @ 26030 Woodland Way S Kent WA (Bruce and Rose Viseth).
Assessments have been completed by Davey Tree Company and both trees have a high failure
rating. P and D tree Service will remove both trees and chip branch material and leave rounds in
the canopy floor. Two panel section of fencing along property line will be removed from the
property fence line for this project at the adjacent property owner’s effort agreed upon during site
visit. P and D will also clear hiker trail along adjacent property line of any fallen debris or tree
rounds for clear passage. P and D will have access to work area from Service trail entry to setup
work zone under trees. Contractor will be responsible for proper work zone safety setup.
Schedule for removal will be assigned upon completion of the contract between Kent Parks and P
and D Tree Service.
SUMMARY: Tree Removal due to poor assessment rating and high risk of tree failure.
Tree *Solutions lncConsulting AnborisbsTO:SITE:RE:DATE:PROJECT ARBORIST:ATTACHMENTS:Project No. TS - 5818MemoMike Brundage, Parks Urban Forestry Parks MaintenanceGreenbelt behind 25030 Woodland Way South Kent 98030Black cottonwood treeJuly 23,2Ot9Sean Dugan, Registered Consulting Arborist #457ISA Board Certified Master Arborist #PN-54598ISA Qualified Tree Risk AssessorBasic Tree Risk Assessment FormBest Management Practices - Tree Risk AssessmentThis memo includes findings and recommendations made during my July 2,2079 site inspection toassess a Black cottonwood (Populus trichocarpal tree located in a city-maintained greenbelt. Based onmy knowledge, training and experience it is my opinion that the tree will present a low risk potential tothe surrounding targets over the next five years. Discretionary maintenance pruning to reduce orremove overextended branches that hang over the property to the east can occur as needed to limitrisk.Observations and DiscussionI performed a basic tree risk assessed a black cottonwood tree located in a city greenbelt (see Photo L).The tree is in good health with no indicators of stress. The structure of the tree is fair. The base of thetreeisaco-dorninantincludedbarkjunctiononthewestside(seePhoto2). Thejunctionontheeastside of the tree is sound. There is no indication that the trunks are separating. The likelihood of hitting atarget is low and the risk potential from trunk failure at this point is low.The most probable failure is from the loss of overextended branches. This type of failure is common tothe species. As long arching branches extend from the trunk they tend to fail near their point ofattachment. This can be mitigated by reducing the length or removing branches with this structure. ltappears that only the branches on the east side of the canopy would likely have any consequences ifthey failed. No specific branches with this structure was identified during my assessment but maydevelop in the future.There is an oldtearout in one of thetrunksthat has resulted in a cavity (see Photo3). The responsegrowth around the cavity is very good. The wound appears to be compartmentalized. No indicators offailure exist nearthis wound. Such indicators include horizontal cracking, bark popping or deformationor sap flow. The load on this part is currently moderate but will become significant as the canopy grows,and the tree further matures.This location could become a point of failure. Options to reduce the risk include retaining the tree andmonitoring after severe weather events. Reducing the canopy profile to decrease the load on the trunkI2940 Westiake Ave N l{ 200 Seattle, WA 98i09www treesolutions.netPhone 20ti 528,4€i70
Cit\i oi Ki:nrlr \. )1 iar.!pi J !r rPhotosound2. View of the west side of the tree and the included bark junction. The junction is currently ofstructure with no indicators that2940 Westlake Ave N ft2AA Seattte, WA 98109 phone 2A6 S2g.46iOwww. treesol utions.net
r: i.r _1i K:,ti,i\ :) ,t.t-)pi3 5ii5Appendix A - Assumptions & Limiting Conditions1. Consultant assumes that any legal description provided to Consultant is correct and that title topropertyisgoodandmarketable. Consultantassumesnoresponsibilityforlegal matters. Consultantassumes all property appraised or evaluated is free and clear and is under responsible ownership andcompetent management.2. Consultant assumes that the property and its use do not violate applicable codes, ordinances, statutesor regulations,3. Although Consultant has taken care to obtain all information from reliable sources and to verify thedata insofar as possible, Consultant does not guarantee and is not responsible for the accuracy ofinformation provided by others.4. Client may not require Consultant to testify or attend court by reason of any report unless mutuallysatisfactory contractual arrangements are made, including payment of an additional fee for suchServices as described in the Consulting Arborist Agreement.5. Unless otherwise required by law, possession of this report does not imply right of publication or usefor any purpose by any person other than the person to whom it is addressed, without the priorexpress written consent of the Consultant.6. Unless otherwise required by law, no part of this report shall be conveyed by any person, includingthe Client, the public through advertising, public relations, news, sales or other media without theConsultant's prior express written consent.7. This report and any values expressed herein represent the opinion of the Consultant, and theConsultant's fee is in no way contingent upon the reporting of a specific value, a stipulated result, theoccurrence of a subsequent event or upon any finding to be reported.8. All photographs included in this report were taken by Tree Solutions lnc, during the documented sitevisit, unless otherwise noted.9. Sketches, drawings and photographs in this report, being intended as visual aids, are not necessarilyto scale and should not be construed as engineering or architectural reports or surveys. Thereproduction of any information generated by architects, engineers or other consultants and anysketches, drawings or photographs is for the express purpose of coordination and ease of referenceonly. lnclusion of such information on any drawings or other documents does not constitute arepresentation by Consultant as to the sufficiency or accuracy of the information.10. Unless otherwise agreed, (1) information contained in this report covers only the items examined andreflects the condition of the those items at the time of inspection; and {2) the inspection is limited tovisual examination of accessible items without dissection, excavation, probing, climbing, or coring.Consultant makes no warranty or guarantee, express or implied, that the problems or deficiencies ofthe plans or property in question may not arise in the future.11. Loss or alteration of any part of this Agreement invalidates the entire report.29:lC iV.:st.)<u A\,0 i\l il20-r Se;it r irr'A ,3l.0-o iri'rp,to )f1;528.4tll\r\,.\/i. - t-r:',..1-i -?i
Tree #:ClientMotrix l. Likelihood matrix.lvlotr k 2. Risk rating matrix.Notes, explanations, descriptionsNo indicators that the old tearfailing. Decay appears compartmentalized.Load ondefect will increase over time.Risk Categorizationri- r'- - i _.".. i'- .i ..*... " i. .out is currentlyNorth\,Residual risk lowMitigation optionsRetain and monitorreducethis willongoing maintenancepruntngResidual 7151 lowreduce tree to asnag or removeResidual sisft lowOverall residual risk Low I Moderate E High E Extreme ERecommended inspectioninterval 5 yearsData r Final E preliminary Advanced assessment ne€ded lNo Dyes-Type/Reasonlnspection limitations INone Dvisibility flAccess EVines ERoot collar buried Describe4321q,llE5cco€co()TrunkbranchesTree partload on old tear outfailure whenoverextendedConditionsof concern102A6oo(!o-80307070ogtrt!.9tlt!41221{,llEcoCDt!FnonenonenonenoneTarEetprotectionoadlteq€FailureLikelihoodao!oIaa-g36!e4tra.EEE3-9Folmpacta3oaE.?EgEs.90IC)tccc-=oIEcfFailure & lmpacl(from Matax 1lU-G!3oEoaU.>oJ.}oI=aonUoo!ss0zConsequencesogEcaceoooLowlowLowLowRiskratingof part(frcmMatrix 2)lmprobablePossibleProbablelmmlnent[ikelihoodof FailureUnlikelvUnlikelvUnlikelyUnlikelvLikelihood of lmpactinglowLowMediumUnlikelyUnlikelyUnlikelySomewhat likelvUnlikelyUnlikelySomewhat likelvLikelyUnlikelvSomewhat likelyLikelyVery likelvUnlikelySomewhat likelvLikelyVerv likelvLikelihood ofFailure & tmpactLowLowLowLowNegligibleConsequences of FailureLowLowModerateModerateMinorLowModerateHiehHiehSignificantLowModerateHiehExtremeSevere'llis dalasheet was oroduced by ihe International society oI Arboricullure (i5A) and is iDtended for use by 'frer Risk Assessnenr euaJifieci (,l.RAe) arborists - 20 I 3Page 2 of 2
{$LIKELIHOOD OF FAITURElmprobable: the tree or branch is not likely to fail during normal weather conditions and may not fail in manysevere weather conditions within the specified time framePossible: failure could occur, but it is unlikely during normal weather conditions within the specified time frameProbable: failure may be expected under normal weather conditions within the specified time framelmminent: failure has started or is most iikely to occur in the near future, even if there is no significant wind orincreased load. This is a rare occurrence for a risk assessor to encounter, and it may require immediate action toprotect people from harmLIKELIHOOD OF lMPACTING A TARGETVery Low: the chance of the failed tree or branch impacting the specified target is remote. This is the case in ararely used site fully exposed to the assessed tree or an occasionally used site that is partially protected by trees orstructures. Examples included a rarely used trail or trail head in a rural area, or an occasionally used area that hassome protection against being struck by the tree failure due to the presence of other trees between the tree beingassessed and the targetsLow: it is not likely that the failed tree or branch will impact the target. This is the case in an occasionally usedarea that is fully exposed to the assessed tree, a frequently used area that is partially exposed to the assessed tree,or a constant target that is well protected from the assessed tree. Examples inciude a little-used service road nextto the assessed tree or a frequently used public street that has a street tree between the street and the assessedtreeMedium: the failed tree or branch may not impact the target, with nearly equal likelihood. This is the case in afrequently used area that is fully exposed on one side to the assessed tree or a constantly occupied area that ispartiallyprotectedfromtheassessedtree. Examplesincludeasuburbanstreetnexttotheassessedstreettreeora house that is partially protected from the assessed tree by an intermediate tree.High: the failed tree or branch will most likely impact the target. This is the case when a fixed target is fullyexposed to the assessed tree or near a high-use road or walkway with an adjacent street tree.Qrr:lrirecj -i.ee iRrsr i\ssessfiteni:i.(lliS \iorlh 3',1"' Sli-::eiunrikery tTfj|l"'Unlikely Unlikely.r ') a: zrFax 7f6 547 5871SomflfiatlikelyUnlikelyUnlikelyUnlikelyl!kdyUnlikelyUnlikelyUnlikelyUnlikelyFigure 1: Risk rating matrix showing the level of risk os the combination of likelihood of otree foiling ond impacting a specified target.Seailr:. tVA 98 Iili Prione 20fr 529 ,i6i 0r1,, r\r i;'j, | :-'.1 i: S i) I,t i C't S . |.;t ILikelihood ofFailure (Tree)lmminentProbablePossiblelmprobableLikelihood of lmpacting Target {Person or Property)Low Low MediumVetikelyVery likelyLikely
Qi;aiifieC Tree Risk Assessmentz'J dc4oi1High-High-risk situations are those for which consequences are "significant" and likelihood is "very likely,, or"likely," or consequences are "severe" and likelihood is "likely." This combination of likelihood and consequencesindicates that the tree risk assessor should recommend mitigation measures be taken. The decision for mitigationand timing of treatment depends upon the risk tolerance of the tree owner or manager. ln populations of trees,the priority of high-risk trees is second only to extreme-risk trees.Moderate-Moderate-risk situations are those for which consequences are "mino/' and likelihood is "very likely,,or "likely"; or likelihood is "somewhat likely" and consequences are "significant" or "severe." The tree risk assessormay recommend mitigation and/or retaining and monitoring. The decision for mitigation and timing of treatmentdepends upon the risk tolerance of the tree owner or manager. ln populations of trees, moderate-risk treesrepresent a lower priority than high- or extreme-risk trees,low-The low-risk category applies when consequences are "negligible" and likelihood is ,,unlikely,,; orconsequences are "mino/'and likelihood is "somewhat likely." Some trees with this level of risk may benefit frommitiSation or maintenance measures, but immediate action is not usually required. Tree risk assessors mayrecommend r€taining and monitoring these trees, as well as mitigation that does not include removal of thetree.Source: E. Smiley, N. Matheny, S. Lilly. Best Monogement Practices: fREE RTSKASSf'SS MENT" tSA 2O1lOPTIONS FOR MITTGATIONRemove the risk altogether, if possible, by cutting off one or more branches, removing dead wood, or possiblyremoving the entire tree. Extreme risk situations should be closed off until the risk is abated.Modify the risk of failure probability. ln some cases it may be possible to reduce the probability of failure byadding mechanical support in the form of cables braces or props.Modify the risk rating by moving the target. Risk ratings can sometimes be lowered by moving the target so thatthere is a much lower probability of the defective part striking anything. Moving the target should generally beseen as an interim measure.Retain and monitor. This approach is used where some defects have been noted but they are not yet serious andsearUe, wA 98103 Phone 206 528.4670w\iw, treesoi uiion s. net1058 Nor-th 39tr' StreetFax 206.547 5873
Tree Risk AssessmentSummary ReportTree #'s 7850 & 9850PreparedFor:PreparedCity of KentTask Order No.9% Mike BrundageParks Urban ForestryParks MaintenanceParks, Recreation & CommunityServices220 FourthAvenue SouthKent, WA98032Davey Resource Group Inc.18809 1Oth Ave NEShoreline, WA,98155Local Contact: Todd BealsEmail: todd.beals@davey.comLocal Office: 253-656-1 650Corporate Office: 800-828-831 2By:Resource GroupNotice of DisclaimerAssessmenf data provided by Davey Resource Group is based on visual rearding at the time of inspection. Wsual records do notinclude testing or analysis and do not inctude aeiat or subtenanean inspection unless indicated. Davey Resource Group is notresponsrb/e for discovery or identification of hidden or othetwise non-obseruable nsks. Records may not remain accurate afterinspection due to vaiable deterioration of surueyed mateial. Risk ratings are based on obseruable defects and mitigationrecommendations do not reduce potential liability to the Owner. Davey Resource Group provides no wananty with respect to thefifness offhe trces for any use or purpose whatsoever.
Tabte Of ContentslntroductionMethodsGondition AssessmentRisk Assessment MethodologyTree lD# 7850 - Black Cottonwood (Populus trichocarpa)Tree lD# 9081 - Black Cottonwood (Populus trichocarpa)Concluding RemarksAppendixA: Risk Rating & LikelihoodAppendix B: lmagesDRG - Trce RiskAssessrnentRepor{City of Kent - Task Order K)222356789Page 1 of 11November2O2T
lntroductionDavey Resource Group lnc. (DRG) was contracted by the City of Kent to perform a Tree RiskAssessment on two (2) trees in Mill Creek Earthworks Park, located to the east of 26030 Woodland WaySouth in Kent, WA. On Novemb er 23, 2021, an lnternational Society of Arboriculture (lSA) CertifiedArborist (NE-6913A) and Qualified Tree Risk Assessor from DRG conducted an assessment of the trees.The trees were assessed by their location, size, current condition, and overall health. The data was thenused to determine a risk rating. The current edition of the Tree Risk Assessment Manual (lSA, 2013) wasused to guide the risk rating of the trees as well as the potential strategies for care and risk abatement.There are many factors that can limit specific and accurate data when performing evaluations of trees,their conditions, and values. The determinations and recommendations presented here are based oncurrent data and conditions that existed at the time of the evaluation and cannot be a predictor of theultimate outcomes for the tree.The purpose of this report is to provide the details of the risk assessment of the tree, including anassessment of the current condition, health, and recommendations for maintenance. The findings in thisreport can be used to make decisions on whether the tree may need to be removed, or can be retainedwith restorative pruning and plant health care.MethodsCondition AssessmentThe general condition of the tree was recorded in one of the following categories adapted from therating system established by the lnternational Society of Arboriculture and 10th Edition of the Council ofTree & Landscape Appraisers (qfLA) Guide for Plant Appraisall :o Excellent(BL%-LOO%): Hieh vigor and near-perfect health with little or no twig dieback,discoloration, or defoliation. Nearly ideal and free of structural defects. A nearly ideal form forthe species and is generally symmetrical.r Good l6t%-80%lz Vigor is normal for the species and has no significant damage due to diseaseor pests. Twig dieback, discoloration, or defoliation is minor. Well-developed structure withminor defects that can be corrected easily. Minor asymmetries/deviations from species norm.Function and aesthetics are not compromised.o Fair lAL%-flO%l: Reduced vigor. Damage due to insects or diseases may be significant andassociated with defoliation but is not likely to be fatal. Twig dieback, defoliation, discoloration,and/or dead branches may comprise up to 50% of the canopy. A single structural defect of asignificant nature or multiple moderate defects. Structural defects are not practical to correct orwould require multiple treatments over several years. Major asymmetries/deviations fromspecies norm. Function and aesthetics are compromised.o Poor lzL%-a0%l: Unhealthy and declining in appearance. Poor vigor and low foliage density andpoor foliage color are present. Potentially fatal pest infestation. Extensive twig or branch1 Council of Tree and Landscape Appraisers. (2019). Guide for Plant Appraisal, 1Ath Edition, Seand Printing. Atlanta, GA:lntemational Society of Arboriculture.DRG - Trce RiskAssessment RepottCity of Kent - Task Order#9Page 2 of 11November 2021
dieback. A single serious structural defect or multiple significant defects. Observed structuralproblems cannot be corrected. Failure may occur at any time. Largely asymmetrical or abnormalform. Form detract5 from aesthetics or intended use to a significant degree.Very Poor (6%-20%lz Poor vigor and appears to be dying. Little live foliage. Single or multiplesevere structural defects. Visually unappealing and provides little or no function in thelandscape.Deadlo%-5%lRisk Assessment MethodologyThis evaluation follows the tree risk assessment methods developed by the lnternational Society ofArboriculture (lSA). lt consists of an inspection of the visible tree parts including surface roots, trunk,scaffold limbs, and canopy. The hazard and risk assessment results in a risk rating for the tree to helpquantify the level of risk accepted by the tree's owner. To summarize the information about the trees thatreceived a hazard evaluation, an overall hazard rating is obtained by assessing and assigning a value tothe failure potential, identifying the size of the tree part most likely to fail (e.g., branch, one stem, or wholetree) and determining site use around the affected tree. Each of these three characteristics is assessedas follows:Gondition of Concern - Describes the part most likely to fail. The larger the tree part, the greater thepotential for damage; therefore, the size of the failure part affects the overall hazard potential, and isdescribed according to:o Part Size - Typically the diameter of the limb or tree partr Fall Distance - The distance of the part from the groundo Target - The presence of any target(s) that could be impacted by a failureLikelihood of Failure - ldentifies the most likely point of failure and rates the likelihood that the observeddefect(s) will result in part failure within the next 3 years. Failure potential is rated as:o lmprobable (defects are minor and unlikely to result in failure)r Possible (defects are present and of concem)o Probable (compounding andior significant defects present)o lmminent (defects are serious and imminent failure is likely)Likelihood of lmpact - ldentifies the most likely point of failure and rates the likelihood that the structuraldefect(s) will impact the potential targets. Likelihood of impact is rated as:o Very Low (Occasional use, as in a forest landscape)o Low (e.9., tree lawn, sidewalk, park path)o Medium (buildings or people within striking range more than 50% of the time)o High (constant and frequent use of the area within striking distance)Gonsequences of Failure - Rates the level of damage caused by the defective part in the event offailure. The consequences of failure are rated as:o Negligible (typically small branches <1" diameter, unlikely to cause damage)o Minor (branches 1-2" diameter, may cause damage)o Significant (damage would occur)o Severe (failure would result in major damage)aoDRG - Trc.e RiskAssessrnerf ReporfCityr of Kent - Task Order NPage 3 of 11November 2021
Overall Risk Rating - The values assigned to condition, likelihood, and consequences are summarizedinto an overall risk rating of Low to Extreme for each tree:o Low (risk is present, mitigation measures may not be required)o Moderate (mitigation advised within normal maintenance cycle)e High (mitigation advised within the year)o Extreme (mitigation necessary as soon as practical)ln addition to a risk rating, the trees were also prescribed maintenance recommendations based ongeneral tree health and visual observations. A high-risk rating alone does not necessarily result in aremoval recommendation. Conversely, trees with a lower rating may be prescribed for removal based onother factors such as location and species compatibility and/or the severity of specific defects. Wheneverrecommended tree maintenance would mitigate risk, the residual risk was also noted.A visual inspection and mallet soundings from groundline to 8 feet on the trunk were the primary methodsused to develop the findings, conclusions, and recommendations found in this report. Data collectionincluded measuring the diameter of the tree at 4.5 feet above grade, height estimation, canopy radiusestimation, a visual assessment of tree condition, structure, and health, and a photographic record. Malletsounding was used to determine the soundness of accessible roots, trunk, and branches. Qualitativevalue assessments grade the aftributes of the tree, including structure and canopy health, and obtain anoverall condition rating. No physical inspection of the upper canopy, root crown excavation, andresistograph, or other technologies were used in the evaluation of the tree.Root and Root collar - Visual lnspectionand Flammer SoundingTrunk- Visual lnspectionand Hammer SoundingCmwn and Sranches -VirGl lnsp€cticnExample lllustration: Tree defecb and conditions affecting the likelihood of failure $/ere assessed around theRoot Collar, the Trunk and the Crown.DRG - Tree RbkAssessment RepoftCity of Kent - Task Order l#)Page 1 of 11November 2027
Tree lD# 7850 - Black Coftonwood (Pop ulus trichocarpa)DBH: 55 in. Height: 120lt.Crown and Branches - The Live Crown Ratio (LCR)was 50%. Tree vigor was normal. The canopy hadoverextended branches and groMh waspredominant on the east side towards the home.There was deadwood throughout the canopy (-15%overall) and a 4'diameter hanging branch on theeast side. There was evidence of recently failedsmall diameter (<3") branches liftering the base ofthe tree. There were multiple codominant branchesin the upper canopy and included bark is likelypresent at the union ofthese branches.Average Canopy Radius: 20 ft. Gondition: PoorTrunk - There was a cavity that measured 2'long by3' wide and through the center of the tree at -30 ft.on the east stem. Mallet sounding did not indicatedecay on the lower trunk. There were codominantstems joined at 5'from ground level with a barkinclusion.Roots and Root Collar - The grow area wasrestricted by small buildings. There was noevidence ofany recent grade changes, fungalfruiting bodies, or root damage. The soil in the areais likely compacted from pedestrian activity in thenearby yard.Risk GategorizationThe likelihood of stem failure at or near the cavity isprobable with a high risk of impacting the nearbyhome. This event is likely and the consequences ofimpact are severe.Overall Tree Risk Ratino:HighMitigation OptionsRemove the tree or reduce to a safe height andleave as habitat snagResidual Risk:NONEDRG - Trce Risk Assessrnerf ReporfCity of Kent - Task Order #)Page 5 of 11November 2021
Tree lD# 9081 - Black Gottonwood (Pop ulus trichocarpa)DBH: 29 in. Height: 120ft. Average Canopy Radius: 20 ft.Crown and Branches - The Live Crown Ratio (LCR)was 35%. Tree vigor was normal. The upper part ofthe canopy was leaning towards the home andthere were overextended codominant branches.Trunk - Mallet sounding did not indicate decay onthe lower trunk. There were large ivy vines that hadbeen girdled. The trunk was leaning to the east.Roots and Root Collar - There was no evidence ofany recent grade changes, fungal fruiting bodies, orroot damage. The soil in the area is likelycompacted from pedestrian activity in the nearbyyard.Risk GategorizationThe likelihood of stem failure due to the lean andunbalanced canopy is probable with a high risk ofimpacting the nearby home. This event is likely andthe consequences of impact are severe.Overall Tree Risk Ratinq:HighMitigation OptionsRemove the tree or reduce to a safe height andleave as habitat snagResidual Risk:NONEDRG - Trce RiskAssessment ReportCity of Kent - Task Order #)Condition: PoorPage 6 of 11November 2021
Concluding RemarksBoth trees are within 50 feet of the home and have significant defects that have a probable likelihood offailure under normal conditions within the next three years. As such, whole tree removal is recommendedto reduce the risk at the site. Alternatively, the trees could be reduced to a safe height and lefi as habitatsnags.DRG - Tree RiskAsscssrnertRepodCity of Kent - Task Order NPage 7 of 11November 2O21
Appendix A: Risk Rating & LiketihoodThe technique used to define the risk of failure and the likelihood of failure involves a determination withintwo matrices. These matrices are reproduced here from the lnternational Society of Arboriculturedatasheets for Tree RiskAssessment, 2013.nt-Form-l nstructions. odfMatrix l. Likelihood MatixMatix ll. Nsk Rating MatrixDRG - Tree RiskAssessment RepoftCity of Kent - Task Order#9lmprobablePossibleProbablelmminentLikelihood OfFailureUnlikelyUnlikelyUnlikelyUnlikelyVery LowLikelihood of lmpacting TargetUnlikelyUnlikelyUnlikelySomewhat likelyLowUnlikelyUnlikelySomewhat likelyLikelyMediumUnlikelySomewhat likelyLikelyVery likelyHighUnlikelySomewhat likelyLikelyVery likelyLikelihood OfFailure & lmpactLowLowLowLowNegligibleConsequences of FailureLowLowModerateModerateMinorLowModerateHighHighSignificantLowModerateHighExtremeSeverePage I of 11November 2021
Appendix B: lmageslmage 81. The trees were located on the eastern edge of Mill Creek Earthwo*s ParktTree SitesTree lnventoryMill Creek Earthworks ParkKent, WANovember 2021-Ite l@tions are approximate. Map prcjec{ions can dislort aerial imagery. Aerial imagery is trom 2019.0 12.5 25Ailff*&Resource Group50DRG - ftee RiskAssessrnent ReportCityr of Kent - Task OrderWPage 9 of 11November 2021
Image 82. There was a large cavity at approximately 30 fL above ground level on Tree ID# 7850.The cavity extended through the center of the eastern stem, nearest the home. Failure near thispointwould likely r*ult in striking the nearby home.DRG - Tee R skAssesstnent ReportCity of Kent - Task Order#)Page 10 of 11November 2021
lmage 8,3. There were two large codominant stems on Tree lD# 7850 with a large butge around theincluded bark. Ba* inclusions are inherently weaker areas of attachment and structurattyunsound. Tree failure near the inclusion is more likely near these areas.DRG - Trce Risf Assessment ReportCity of Kent - Task Order #Page 11 of 11November 2021
Image B.1. The canopy of Tree lD# 9081 was one sided towards the lean and the nearby home.4r*tDRG - Tree RiskAssessrnent ReportCity of Kent - Task Order ll9Page 12 of 11November 2021
Page 1
CITY OF KENT URBAN FORESTRY
MEMO
TO: CONTRACTORS FOR BID
SITE: UPPER MILL CREEK @ 26030 WOODLAND WAY S
RE: TREE REMOVAL
DATE: MARCH 7TH 2022
PROJECT EVALUATORS: MIKE BRUNDAGE
ATTACHMENTS: PICTURES OF SITE
MEMO
This memo includes photos of one black cottonwood to be removed, photos of the cottonwood to be
removed and the scope of work. This cotton has 35% live (LCR) with a heavy lean towards the home at
26030. We had a hazard tree evaluation done in 2019 and again in 2021. We have been monitoring this
tree and because of decline over the past 3 year is what triggered this removal.
SCOPE OF WORK
The City of Kent Parks Department will have a black cottonwood removed. Scaffolds and branched will be
chipped into our green belt to the north of the tree. Wood will be left in green belt. Area within dripline will
be protected and minimal damage done. This is a very sensitive area, contractor must take all precautions
to protect work site. All debris will be left in our greenbelt.
Page 2
CITY OF KENT URBAN FORESTRY
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The contractor shall procure and maintain for the duration of the Agreement,
insuiance againstiiai-tiioiinluries to persons or damage to pro.perty which
miy irise iiom orin lonne.tion with th'e performancg of the work hereunder
UV in" 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
ffiOO-Of and shall cover liability
aiising from premises, operations, independent contractors,
products-completed ope. rati.o. ns, personal Ini.ury ano
aave.tiiing injury, an'i liability assumed under an insured
contiact. ifrei citi shall be ndmed as an insured under the
contractor's commercial General Liability insurance p9lic-v
wiin r"lpect to the work perform_ed for the City-using ISO
additionbl insured endorsement cG 20 10 11 85 0r a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned,. non-
offiased vehicles. Covera-g-e llqll-be written
onlntrranceServicesOffice(ISO)formCA0001ora
rJOltitut" form providing equivalent liability coverage' If
ne-essaty, the folicy snalt be endorsed to provide
contractual liabilitY coverage'
3.Workers'Compensationcov-erageasrequired.bythelffi laws of the State of Washington.
B. Minimum Amounts of Insurance
contractor shall maintain the following insurance limits:
1. Commercial General LiaPllily.insurance shall be written with
li 0 each occurrence' $1'000'000
generat aggregate anb a $1,000,000 products-completed
oPerations aggregate limit'
2, Automobile Liability insurance with a minimum combined
s'rffiy 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 endo.rsed to contain,.the following
pro"irioni ioi nutomoUite t-iunility and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insu.rance as respect
the City. Any Insurance, self-insuiance,-or insura.nce pool.coverage
,,.,.iniuinuo lv ine ciiy ;h;ll be excess dr tne contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
nof U" cancelled byeither party, except after thirty (30) days,prior
*iitfun-notice UVi'ertified mail, ieturn receipt requested, has been given
to the CitY,
3. The City of Kent shall be named as an additional insured on all polic.ies
(;-Api profelsionui r-iaUitity) as.respects work performed,by 9.r on behalf
of the contractor and a copy-of the endorsement naming the City as
additional insuieO snaf l n"'itt.ched to the Certificate 9f Insllraffe' The
CitV r"setves the'right to .e_c"ive a certified copy. of all required insurance
pof i.i J.- rne Contr"actor's Com mercia l Genera i Liabi l.ity i nsura n ce .sha l l
also contain u .tuut"-iiuting that coverage shall apply separately.to each
insureO against whom claim is made or suit is brought, except wltn
respects tl 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 gopy.of the
;;;;;;i;rv enooii.m"ntq inciuding bul not.necessarilv limited to the
iJaitionii'ihsured endorsement, evidencing the insuranie requirements of
it'''e Conttactor before commencement of the work'
F, Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate ceftificates and endorsements for each subcontractor'
All .ou"ruges for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor'
CERTIFICATE OF LIABILITY INSURANCE
TE NUMBER:
DATE (MM/DDIYYYY}
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.
lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
wA 98087-5125
CERTIFICATE THISR.THEUPON HOLDEYONLCONFERSANDRIGHTSNOISSUEDtsAASTTERMAFoFORMATIONINCERT!FICATHIS TE
BYD ETH POLICIESTERCOVETHEAFFORDERAGE
GtssulN SUIN AUTHORIZEDTHERER(S),BETWEEN
endorsement. A statement on
ormustrs an
to the cedificate holder in lieu of suchthis certificate does not confer
NAIC #
241156
AFFORDING COVERAGE
Agent: Rob Balderas
12918 Mukilteo Speedway Ste C-23 PMB 603
INSURER A: ADMIRAL INSURANCE CO
35378tNsuRER B: EVANSTON INS CO
4505srNsuRER c: ASCOT SPECIALTY INSURANCE CO
IN9URER O
INSURER E
INSURER F;
Cornbined Cutting Contractors, Inc. and P'n'D Tree Service
2O3II SE24OTHST
wA 98038-8618MAPLE VALLEY
INSURED
OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS'
THE INSURED NAMED ABOVE FOR THE POLICY PERIODFIAVts BtsEN I5bUEL' IUTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCts LISTED BELOW
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
MAY HAVE BEEN REDUCED BY PAID CLAIMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
(MMIDD/YYYYI r9lrur EAr(MM'DDTYYYY)LIMITSINSDwvl)POLICY NIJMBERINDK
LTR TYPE OF INSURANCE
r,000,000$EACH OCCURRENCE
300,000$
5,000$MED EXP (Any one pereon)
1,000,000$PERSONAL & ADV INJURY
2,000,000$GENEML AGGREGATE
2,000,000$PRODUCTS . COMP/OP AGG
$
tt/0912022cA00004003 I -02 |/09/2021YA
COMMERCIAL GENERAL LIABILTTY
CLATMS-MADE lTlo."r*
GEN'L AGGREGATE LIMIT APPLIES PER:
'o',"v fTl!ffr
1,000,000$
$BODIIY INJURY (Per person)
$BODILY INJURY (Psr accident)
t
tU09/2022
$
ESAL2I l 0000563-01 I I t09t2021Y
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
EACH OCCURRENCE 4,000,000$
AGGREGATE $4,000,000
OCCUR
CLAIMS.MADEI
UMBRELLA LIAB
EXCESS LIAB 1t/09/2022
$
tt/09/2021
RETENTION $
Y EZXS3064085B
DEO
tsEX
STATUTE t utn-
ER WA STOP GAP
E.L. EACH ACCIDENT !,000,000$
E.L. DISEASE . EA EMPLOYEE I,000,000$
E.L, OISEASE - POLICY LIM I,000,000$
fit0912021 lt/09/2022N/A cA00004003 l -02A
IVORKERS COMPENSATIOI{
\ND EMPLOYERS' LIABILITY
\NY PROPRIETOFVPARTNER/EXECUTIVE
)FFICER'MEMBER EXCLUDED?
Mandatory in NH)
f ves. describe under
)EscRlPTlON OF OPERATIONS below
N
Y/N
DESCRtpTION OF OPERATTONS / LOCATTONS / VEHICLES (ACORD t0l, Addirional Remarks schedule, may
Re: Project located at the Old Fishing Hole24945 Frager Road South, Kent, WA 98032
be attached lf mote spacs ls roquired)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.City of Keut
AUTHORIZED REPRESEIITATIVE
f:or4d M,vlotlt
220 Fourth Avcnue South
'
Kcnt, WA 98032
@'1988-2015 ACORD CORPORATION. All rights reserved.
cG 20 10 12 19
Policy Number: CA000040031 -02
11
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
SCHEDU[E
Name Of Additional Insured Person(s)
0r Organization(s)
Location(s) Of Covered Operations
Any person or organization that is an owner, lessor or
manager of real properfy or personal property on
which you are performing ongoing operations, or a
contractor on whose behalf you arc performing ongo-
ing operations, but only ifcoverage as an additional
insured is required by a written contract or written
agreement that is an o'insured contract", and provided
the "bodily injury" or "proper$i damage" first occurs,
or the "personal and advertising injury" offense is first
,c-ommitt€-d' subsequent to Jhe execution-oflthe contract
or agreement.
All locations at which the Named lnsured is perform-
ing ongoing operations.
Information 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 Pagelof2 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
dJmage" or'ipersonal and advertising injury" caused, in whole or in part, by:
1. Your acts or omi ons: or
-
--,
l. The aets er€Eli€si
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
affordedio 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:
1. All work, including materials, parts or equipment furnished in connection with such work, on the projegt
(other than servicle, maintenance or repairs) 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 orlanization other than another tontractor or subcontractor engaged in performing
operations for a principal as 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 Page2of 2 tr
cc2037 t2t9
Policy Number: CA000040031-02
Effective D ate: 1 1 109 I 2021
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE 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
damage" caused, in whole or in part, by "your work" at the location designated and described in the
Schedule of this endorsement performed 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 compfete this Schedule, if not shown above, will be shown in the Declarations.
NUWtrVgI:
cG2037 L2L9 O lnsurance Services Office, lnc., 2018 Pagetot? tr
1. The insurance afforded to such additional insured only applies to the extent perrnitted by law; and
2. lf coverage provided to the additional insured is required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract
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 agreemen! or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
cG2037 t2t9 @ lnsurance Services Office, lnc., 2018 Page? of 2
, vrrvt I
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
(lnsurance Services Office Endorsement CG 20 01 0413)
Prima ry 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:
(l) 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 the additional insured.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
(lnsurance Services Office Endorsement CG 24 04 05 09)
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 first occurs subsequent to the execution ofthe written contrac[.
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.
lncludes copyrighted material of lnsurance Services Office, lnc.,
with its permission, 2OO9,2AI2 & 2013.
AD 58 9301t7 Page 5 of 13 tr
POLICY NUMBER; ESA12110000563-01 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 Form 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 endorsement does 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 tnsured: COMBINED CUTTING CONTRACTORS INC
EndorsementEffectiveDate: 1110912021
SCHEDULE
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.{. of Section ll -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I - Covered Autos
eove-ra ges oTihe Auto Dea-leis OoverageForm.
Name Of Person(s) Or Organization(s):
Any person(s) or organization(s) for whom you are performing operations when you and such person or organization have
agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your
policv. The written contract or agreement must be signed by both parlies p rior to the "accident" or the "loss
lnformation required to complete this Schedule, if not shown a will be shown in the Declarations.
Policy Number: ESAL21 1 0000563-01
COMMERCIAL AUTO
cA 04 49 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
and the Other lnsufance - Pfimery Ahd Excesb
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
supersedes any provision 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
primary and would not seek contribution from
any other insurance availabb to such
"insured".
cA 04 49 11 16 @ lnsurance Se Office. lnc.. 2016 Paoe 1 of 1
State of Washington
Department of Labor & lndustries
Prevaiting Wage Section ' Telephone 360-902'5335
PO Box 44540, OtymPia, WA 98504-4540
Washington State Prevailing Wage
The pREVAILING WAGES tisted here inctude both the hourty wage rate and the hourty rate of fringe
benefits. On pubtic works projects, worker's wage and benefit rates must add to not less than this
totat. A brief description of overtime calcutation requirements are provided on the Benefit Code
Key.
Journey Level Prevailing Wage Rates for the Effective Date: 811612022
Trade Job Classification W"gs Holiday Overtime *"," .T::f
Ai6 Gas Or Etectric Vibrating
Screed
Airtrac Dritt Operator
Battast Regutar Machine
Batch Weighman
Brick Pavers
Brush Cutter
Brush Hog Feeder
Burner
Caisson Worker
Carpenter Tender
Cement Dumper-Paving
Cement Finisher Tender
Change House Or Dry Shack
Chipping Gun (30 Lbs. And
Over)
Chipping Gun (Under 30 Lbs.)
Choker Setter
Chuck Tender
Ctary Power Spreader
Ctean-up Laborer
i Concrete Dumper/Chute
Operator
Concrete Form StriPPer
' Concrete Ptacement Crew
Concrete Saw Operator I Core
Dritler
Crusher Feeder
Curing Laborer
Demolition: Wrecking & Moving
(lncl. Charred Materiat)
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Diamond)
Dry Stack Watts
Dump Person
Epoxy Technician
Erosion Control Worker
Falter & Bucker Chain Saw
Fine Graders
Firewatch
Form Setter
Gabian Basket Builders
General Laborer
Grade Checker & Transit Person
Grinders
Grout Machine Tender
Groutmen (Pressure) lncluding
Post Tension Beams
GuardraiI Erector
Hazardous Waste Worker (Levet
A)
Hazardous Waste Worker (Level,
B)
Hazardous Waste Worker (Level,
c)
High Scater
Jackhammer
Laserbeam Operator
Maintenance Person
Manhote Builder-Mud man
Materiat Yard Person
Motorman-Dinky Locomotive
nozzteman (concrete pumP,
green cutter when using
combination of high pressure
air & water on concrete &
rock, sandbtast, gunite,
shotcrete, water blaster,
vacuum btaster)
Pavement Breaker
Pilot Car
Pipe Layer (Lead)
Pipe Layer/Taitor
Pipe Pot Tender
Pipe Retiner
Pipe Wrapper
Pot Tender
Powderman
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Rip Rap Person
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Scaffotd Erector
Scale Person
Stoper (Over 20")
Sloper Sprayer
Spreader (Concrete)
Stake Hopper
Stock Piter
Swinging Stage/ Boatswain
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9
BUSINESS LICENSE
Per RCW 82. uSales.
and use tax must st be be c coded
LICENSE MUST- BE PAID ANNUALLY BY
No.1715 for all qualified
• JANUARY 1st TO AVOID PENALTY
sales within the city of Kent.
KE N T Issuance of License Does Not Imply Licensee's
W A s H I N G T O N Compliance with St4te and Local Laws
THIS LICENSE MUST BE POSTED IN A CONSPICUOUS
2021
PLACE. NOT TRANSFERABLE OR ASSIGNABLE
NAME AND ADDRESS OF BUSINESS
C�- �—
BLOC-2150498
COMBINED CUTTING CONTRACTORS INC
MAYOR
20311 SE240TH ST
Tax Registration
The City of Kent
MAPLE VALLEY, WA 98038
Endorsement
At 220 aTH AVE so
- ..
KENT,. WASHINGTON 98032
I
Signature:
Email:
Signature:
Email:
Signature:
Email:
Garin Lee (Aug 23, 2022 13:22 PDT)
glee@kentwa.gov losborn@kentwa.gov
Melissa McCormick (Aug 25, 2022 13:35 PDT)
Melissa McCormick
cityclerk@kentwa.gov
Cottonwood Removal Mill Creek P&D Contract
Final Audit Report 2022-08-25
Created:2022-08-22
By:Shayla Ott (sott@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAPedZjOQMnhos9UZy3_Fm0H44SaoFRvl1
"Cottonwood Removal Mill Creek P&D Contract" History
Document created by Shayla Ott (sott@kentwa.gov)
2022-08-22 - 8:33:11 PM GMT
Document emailed to glee@kentwa.gov for signature
2022-08-22 - 8:39:01 PM GMT
Email viewed by glee@kentwa.gov
2022-08-23 - 5:33:31 PM GMT
Signer glee@kentwa.gov entered name at signing as Garin Lee
2022-08-23 - 8:22:34 PM GMT
Document e-signed by Garin Lee (glee@kentwa.gov)
Signature Date: 2022-08-23 - 8:22:35 PM GMT - Time Source: server
Document emailed to Lynn Osborn (losborn@kentwa.gov) for signature
2022-08-23 - 8:22:38 PM GMT
Document e-signed by Lynn Osborn (losborn@kentwa.gov)
Signature Date: 2022-08-24 - 3:13:51 PM GMT - Time Source: server
Document emailed to bjlevenhagen@kentwa.gov for signature
2022-08-24 - 3:13:54 PM GMT
Email viewed by bjlevenhagen@kentwa.gov
2022-08-24 - 8:05:28 PM GMT
Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen
2022-08-24 - 8:06:30 PM GMT
Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov)
Signature Date: 2022-08-24 - 8:06:31 PM GMT - Time Source: server
Document emailed to accounting@panddtreeservice.com for signature
2022-08-24 - 8:06:34 PM GMT
Email viewed by accounting@panddtreeservice.com
2022-08-24 - 8:15:01 PM GMT
Signer accounting@panddtreeservice.com entered name at signing as Chris Powell
2022-08-24 - 8:16:08 PM GMT
Document e-signed by Chris Powell (accounting@panddtreeservice.com)
Signature Date: 2022-08-24 - 8:16:10 PM GMT - Time Source: server
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2022-08-24 - 8:16:13 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2022-08-24 - 8:24:41 PM GMT
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2022-08-24 - 8:24:49 PM GMT - Time Source: server
Document emailed to cityclerk@kentwa.gov for signature
2022-08-24 - 8:24:52 PM GMT
Email viewed by cityclerk@kentwa.gov
2022-08-25 - 8:31:06 PM GMT
Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick
2022-08-25 - 8:35:21 PM GMT
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2022-08-25 - 8:35:23 PM GMT - Time Source: server
Agreement completed.
2022-08-25 - 8:35:23 PM GMT