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Home My WebLink AboutAG 18-051RETURN TO: PW ADMIN EXT: 2700 ID #: 2...,"Zi CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/D/V: PUBLIC WORKS / SOLID WASTE & RECYCLING 2. ORIGINATING STAFF PERSON: JEANETTE BRIZENDINE EXI` X2771 3. DATE REQ. BY: 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT N GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) o ORDINANCE 0 RESOLUTION o CONTRACT AMENDMENT (AG#): 0 INTERLOCAL o OTHER 4. PROJECT NAME: RECYCLING EVENT MATERIAL COLLECTION AND HAULING 5. NAME OF CONTRACTOR: A PLUS DEMOLITION & EXCAVATION, INC. ADDRESS: 121035 S.E. 236" ST., KENT, WA 98031 TELEPHONE: (253) 737-4441 E-MAIL: INFO@APLUSREMOVALANDRECYCLING.COM FAX: (253) 737-4760 SIGNATURE NAME: STEVEN BREEN TITLE: OWNER 6. EXHIBITS AND ATTACHMENTS: ❑x SCOPE, WORK OR SERVICES ❑x COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑x ALL OTHER REFERENCE EXHIBITS ❑x PROOF O AUTHORITY TO SIGN 0 RE ULRED LICEN 1�%,S^, 0 PRIOR CONTRACT/AMENDMENTS CFW LICENSE # UJ tv�111-1 BL, EXP. 12/31/ OF UBI #JQ5 713 W, EXE w 3(48 7. TERM: COMMENCEMENT DATE: /Qri l 3,2M COMPLETION DATE: DECEMBER 31, 2018 8. TOTAL COMPENSATION: $ 19,950 ,r (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES ❑x NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 0 YES ❑x NO IF YES, $ PAID BY: o CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: o RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PURCHASING: PLEASE CHARGE TO: 106-3200-250-537-10-476 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 i ' ROJECT MANAGER ..:• - - 1 rl DNISION MANAGER 14 IMP 44 z. 1 DEPUTY DIRECTOR . 44\`G7/_ i . • 11 DIRECTOR Illi„.Am RISK MANAGEMENT (IF APPLICABLE) ��//�� yi LAW DEPT .! zt&rig 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING I11 SENT TO VENDOR/CONTRACTOR DATE SENT: i �(g DATE REC'D: •TTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS f REATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED m' fl [ MANCE DtrARIMEN T LAW DEPT .;:`.'�IMIL. SIGNATORY (PI'A'f@R&R"DIRECTOR) S 7El I CITY CLERK 174/WilRi,L_: SSIGNED AG # AG# Ei T SIGNED COPY RETURNED DATE SENT: al .64-18 4 -- RETURN ONE ORIGINAL COMMENTS: EXECUTE "2" ORIGINALS 1M U 41 IrL►A.c. GIS rAr ,tr►i+mckj lis x L . 'bibs vote — Irs IAA- r t\A 'WA, 4/2017 CITY OF • 4ftik Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederatway cam GOODS AND SERVICES AGREEMENT FOR RECYCLING EVENT MATERIAL COLLECTION AND HAULING This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and A Plus Demolition & Excavation, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: A PLUS DEMOLITION & EXCAVATION, INC.: Steven Breen 12035 S.E. 236th St. Kent, WA 98031 (253) 737-4441 (telephone) (253) 737-4760 (facsimile) info@aplusremovalandrecycling.com CITY OF FEDERAL WAY: Jeanette Brizendine 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2771 (telephone) (253) 835-2709 (facsimile) recycle@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2018 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by GOODS AND SERVICES AGREEMENT - 1 - 3/2017 Vecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffeoeraiway com 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. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. GOODS AND SERVICES AGREEMENT - 2 - 3/2017 `CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoi%deralway com 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or GOODS AND SERVICES AGREEMENT - 3 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cayoffederalway com subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review GOODS AND SERVICES AGREEMENT - 4 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 www cilyofederalway corn or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor' s performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives GOODS AND SERVICES AGREEMENT - 5 - 3/2017 CITY OF "'�.. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict GOODS AND SERVICES AGREEMENT - 6 - 3/2017 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit maybe filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY 0 Marwan ' alloum, P.E., Public Works Director DATE: Lk 3\ Z o l E7 A PLUS DEMOLITION & EXCAVATION, INC.: By. DATE: 34/ hif STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: eohanie Courtney, Courtney, CI\¢C\ City Clerk APPROVED AS TO FORM: f J. Ryan Call, City Attorney On this day personally appeared before me Steven Breen, to me known to be the Owner of A Plus Demolition & Excavation, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 0/ >'( day of iu1kh Al DENISE E. JONES Notary's signature Notary Public l iot ' S printed name '1 e BteteofVVaehington ary LV1k�C 5 My Commis ion Expires Public in an for the State of Washington. September 19, 2018 My commission expires (P1 \kcl, i , 20\sig GOODS AND SERVICES AGREEMENT 8 3/2017 Aft4tx..1, CITY OF Federal Way EXHIBIT "A" SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway corn The Contractor will provide collection and recycling services for materials dropped off at the City's semi-annual Recycling Events ("Event") on Saturday, April 21, 2018 and Saturday, September 22, 2018 in the Wild Waves parking lot located at 36892 Milton Rd S, Federal Way, WA 98003. 1. The Contractor shall do or provide the following: A. EQUIPMENT: The Contactor will set up roll -off boxes, box vans, and other containers, as well as collection equipment based on the City of Federal Way 2018 Recycling Event Map. The Contractor will provide two backhoes/loaders; one to operate in the metals drop-off area and one to operate in the wood/branches area. Containers and equipment may be dropped off as early as two days before each event and must be removed by close of business two days following each event. Containers will be added or swapped out as they fill up throughout the day. Contractor will take precautions to prevent any pavement damage by roll -off boxes and backhoes/loaders. B. STAFFING: The Contractor will provide Event staffing including supervisors, licensed drivers for the roll -off trucks and box vans, traffic control within the area Contractor operates during the Event, skilled backhoe operators, and laborers to unload vehicles that bring materials specified below to the Event. Contractor and staff must, at all times, use appropriate personal protective equipment ("PPE") as defined by Seattle King County Health Department Moderate Risk Waste Collection Events Safety Protection Guide. Contractor and staff will be respectful and courteous when interacting with Event attendees, City staff, volunteers, and other contractors. C. MATERIALS: The Contractor will collect and manage recycling for the following items delivered to the Event site, as generally described in the City of Federal Way 2018 Recycling Event Brochure: 1) Scrap lumber such as clean, unpainted and untreated wood, plywood, pallets, dimensional lumber and crates. 2) Stumps, logs and tree branches. 3) Mattresses and box springs, any size. 4) CFC -containing appliances such as refrigerators, freezers and air conditioning units. 5) All other scrap metal and appliances including ovens, stoves, hot water heaters, clothes washers, dryers, microwaves, dishwashers, barbeques, metal sinks, gas -powered equipment and other metal items. 6) Cardboard, books and magazines, collectively called "fibers." D. REPORTING: Within one week after each Event, will report weights (in tons) of collected wood, branches, scrap metal, and cardboard. Contractor will also provide unit counts for CFC - containing appliances and for mattresses (and total weight in tons for these items, if available). Contractor will also provide completed Bill of Lading and Non -Hazardous Waste Manifest forms for subject Materials. GOODS AND SERVICES AGREEMENT 9 - 3/2017 W 0 z G W 0 a. W Q 0 z 0 0 W a. W 0 (load order : d C V aLO 00 7 N- au0 co O Id .0 1Y ON ea 'H O V ad t 6, MC C a l 10- 0.4 o O N Y • yW Q .,e 0 Q T a H O 4 ,a N o. C0 Ai t... d c - > m en I+ y ea eo ep ^ 'vl tO y L A L 13 Li' Q m O d O m d v. 1%f CO X N Z Vf .. c,., d V t d d C Y o 0 C V N d A ,G . }c too o .a E Ore m v >•E E d >O A O y T -0 0 T. c 0 O �..n b 3 io a 3 E d d eE °c�'O E aCai ,,;a) 04 ac c 0 .c 3 .nL d L+ O ._ 3 3 d v .0.E N d 0 @ H d _ d C 7 d `a' a E Zr, a y L YO d 'a e>o Y `L 'C C A .G .� > a, �.. V_ -0 -0 C ? N i i0 -O d o V ,1,- 4/ },E °..1• y 0 q y .edi y 0 N Q d y -s Z 2 V c 2Z a 6 c i . C e 07,5O d H o w c��o oam NO O 0 a a .0. 0., O i rtt 0 d 0O N ea V d 74 -6 •a' .n C .- O -Co 0d0 30 *4„ d Z> C-0- L i 0 -0 E 'El Z .'° . d 0 V a Y ' i YbO H O 404 Y d ^�..VZ A`OcE a o i e.. -O Y N L a a.-, -0 d 0 Y ,elf C _O >,.. E? O C V o 10 5 ,. v' E E O Z 0_ 0__Lo >.'O d Ov 4_. U 0_ ., 000 O v m 00 00 c zzz z 3 00 zz zz 3 0 0 0 T 0- 0 0 O 3 a. 6a` y c E —b a O 0 d '- C C a E C O 3 C N d To V 0_ Mattresses and box springs, any size. yya y H� d L ; c a b • N 40 4,4 d E E L .00 Q, L 3 3 O `4.1 o2 -a -0 ca C _ c > > E O N d 3 N Ca, Od o L° 3 CU L ?OO OP H o C b J V 00 yclers. Limit 10 tires per person. T to d `o 0 O iY 0 i E O O U 0 Z Y O .E -0 r ad 0. v UV d ov 0- N C C V a v Y ` 0 -0 L d no d to 800-551-4636 Y 44- C C >era • W r. -0 9 _ "-E �CL E > E a0 V ei 00 LL C NO commercial equipment or large printers. Paper only. Mi 0 O 0 0 > C _C d 0 0 co c " E o 0 2 0 e.+ a)44 .0 .die T a a a C O d d o_ as N, a) c N a a1 0 OJ O L Cp A V E Y -04.- eco Y N0 Co 0- Y - Ot V a O to c - -o a N t0 C a °O to Vd a O N IS d ac 0 :' a CL °dam° c a V 44.4 y 0 _o O.Z:';‘', .4: ,...:- O .L" c ,..4E + 40 4 v'4C E a) d > d Y O_ _c, A w Ou H . a a a - V .FO, IV d kJ Q r 4 V 00 a,3 0 E C __al,cOe C H Y a E o o, v o v OV IJ 0- = 7 a ,die % H 3 ZZ ZZ Z ao ZZ 0 C a r O 0 7:3- E 0 ea 2 N N C d a L d 3 no C a Y CU V V a G, C O oaO e0a V IS 0 0 d 03 40 -0 C�-10 ea N N V V ge quantities by type. Y c C Y � C E 0E Vf OV t d V 44 O.0 00 a 0 -0 d _o 0 eC 0 N4,3 J d R C .0 � v o 0. G./ Y H a 05; Z co V 0 T � v d 'Al O a a O0 Z 2 New or gently -used tools in working condition. C O 0 Y m T d 0 d d In a CLP ea. QS a t a u v O U C 4.1 V > m 'oo ai a1 L O O. v i `0 C H 0 ; E O _c i 0 +-' O '0 00 0_ C w•o" a 41 ma 00 L.7 V on cil oA tet y y ., .47Ea- ..., N N Q1 = C • .L04 a co 0 -0 E y � VI G2 a, tio ns � + O p�0 ?r 1.1 i+ Z N .... 4• N ,..„.0, a'Y d N T.� m3 so a� i a pa a�,o >,043 ro� O V'a e0 VS 2 <., -' w - _ w _ +�--� L tC a . " 107 2N3A3 3H1 IV 9NIOVO1Nf11N31D1j33 311OW 110.4 031511 maw) 3H1 NI SW31I OVoi 1NIH • Auburn Hazardous Wastemobile* • Batteries Plus Bulbs: 31830 Pacific Hwy S • Ace Hardware: 35419 21st Ave SW • Auburn Hazardous Wastemobile* Dry out and place in trash. Helpful hint: Mix latex paint with kitty litter, shredded paper, saw dust or paint hardener to solidify it. 0. d u f0 0/ 00 C 0 0 C 4) Y 0a. .0 v 0) C N 0 C 0 N V N 1 CL, O z X. X NO GARBAGE , CARPET, FURNITURE OR PAINTED/LAMINATED WOOD X NO OIL, GAS PRODUCTS, OIL-BASED PAINT, PROPANE TANKS OR CHEMICALS See reverse, visit HazWasteHelp.org or call 206-296-4692 for more information. Legend: © See reverse for recycling database information. a, o a `a,0 oo0,0 n n G C - 0 00 CPO � � O P rD S 3 0 0 0 0 0 a 3 3 °' PN Croa n3 c T 3. n 3' O OU 7 nn 0 c 0 :o fD c g. s 7 y 2 N • SEPARATE EVENT • SEPARATE EVENT • SEPARATE • z W W SEPARATE The Wastemobile is funded by the Local Hazardous Waste Management Program in King County. saauiequoJ Xldw3 sagnl/sqnne luaDsaaoni j spiny j anuowo;ny 4uied paseq-dip n= O lb C Cu tft 7 m 0 rD S -e v+ O m E. F Z o a 3 N DPait o R in W Pl In o ID vi via Fl_. m m I Fir m . O .. 4 O m m , m - .+ o_o ,•3 O FS > > a v O m N - N Z69b-96Z-90Z 013 C 07 n a rD 0 3 m N SU 90 trim m 'D 0 a N U, N • 1N3A3 31V2IVd3S 1N3A3 31VIIVd3S • 1N3A3 31V 1Vd3S • 1N3A3 31V 1Vd3S • 1stAvS c^ y�y o[ Jaw as;goys saui, � o+ C 0'0 0 O ieaoi luaaana ou 0 � S on Q.., m n v+ Cu n toa 0 C -I mg 3 ma 5 3 r ' - aa 0°0 n 0 o nO z=. C O tea` 4 Ft C o as `,C "($ o. O i O 0 x S D. F 0-s o c O et,ti corp N O S 0 H 0 • T 0 c N o :... 9 3 rn sC t V'. A c Or .A. S m 3 m a 0 0 3 0 N C^ 0 s m • • • n n - 00 c ao LLLZ-SF9-SZ • m (isn8n y pun ypanw ui a)gnjrnn z O !0 E TA E DO wo N C O N a) C C a) N m a) C ca a) a)o 0 U• ccn a ca a) 0 L N. a 12 a) N 0 co `— o M ch N ~ U O (Ni N i < > M 0 j, J < iO) I a� oo L d - N CD N CO O 42. C CZ co (00 M cn Wild Waves Theme Park • oa o V al i -0 Q a) Q o lee a (1) a) 412 • as co 0 _2 al a a• )•coo o COW oa n S Cid! NO1.1MW Last updated 2/6/18 Oleo jeuosied) 6614"£62"90Z ao (xsep) tZLZ"9£8"£5Z euipuezu8 ejjeueap pejuoa Lsuopsant wd g k : E 11;un ice's pue we 0E:9 Xq Xpeer eq jsnw siopuan 'Aide — WV 6 8402 `1•Z I!Jdy `AepJnWS VM `AeM IelePed 'S PH UOTI!W Z689E 301 Blipped S8A j PI!M ;uan3 &u!la/Caati Ie!oedS AeM leaapaj io un saxog doJa 6uipAoa?:1 snld-V pooh saxog doaa 6u!pAoa�l snld-y a;seM PJeA Now' xog 6u!IoAoasnld-y sessei;;eHI saxog doJa 6unoAoaH snld-y saauelldds 'g le;ew deJ3S mow' xog JO _lapel' al!" S'g"j saJl1 xog doia Pont± xog 6u!pAoa�l snld-v JeNnJaeaS pieogpie3 'g 6u!PPGJLIS spjoli(ee 'g tonal xog `aaI!eal )I)ialdfl s3luoJ;aal3 (paddoJa) JaI1BJl II!MPooe plogesnoH Adouea'g sporui xog epAoa l 0A -11S uaeojoiA;S asn uea euoAuy xog doJa 6uipAoaj snld-y pieogpaeo Adouea 'g uen AJafee ale}saaTul se!Jefe9 Adouea 'g Jat!8Jl `)Ional ' W S AJeJqn tool 61.0l ylnoe stool Adouea 'g Je !eJj `'onjl 'Ws sp!� Jo; save swim lal!ol elgepod Adouea AeM teJapai 4o Ainuoi;ewJo}ul sew N Jeule;uo3 JopueA ua01,1 wd g k : E 11;un ice's pue we 0E:9 Xq Xpeer eq jsnw siopuan 'Aide — WV 6 8402 `1•Z I!Jdy `AepJnWS VM `AeM IelePed 'S PH UOTI!W Z689E 301 Blipped S8A j PI!M ;uan3 &u!la/Caati Ie!oedS AeM leaapaj io un Exhibit A Environmental Health Services Division 401 Fifth Avenue, Suite 1100 Seattle, WA 98104 206-263-9566 Fax 206-296-0189 TTY Relay: 711 www.kingcounty.gov/health February 16. 2016 Public Health La Seattle & King County Moderate Risk Waste Collection Events Safety and Environmental Protection Guide Collection stations Personal Protection Required Environmental Protection All hosting sites (primary contractor's responsibility) First aid kit, trained first aid person, hand washing station with soap and paper towels, drinking water, approved 6 gallon eye wash if liquids are being accepted (oils, lead acid batteries), clearly marked traffic lanes and map of site, drain covers (for down gradient storm drains. Broom, dust pan/shovel, rubbish bin. Appliances, scrap metal and small engines Steel toe boots, safety vests. Steel toe boots, safety vests, acid resistant gloves, safety glasses, long sleeve shirts. Station adjacent to eyewash. Liquid catching tub with oleophilic socks surrounding the tub to capture liquids from small engines. Labeled buckets with lid for household batteries. Acid neutralizer/spill kit, A tarp on pavement, plastic container for leaking batteries, cover if raining. Batteries, household and lead acid Cardboard and styrofoam Safety vests Construction waste and junk Steel toe boots, safety vests, gloves, safety glasses, long sleeve shirts. Ear protection and hard hat if working near mechanical loader. Electronic waste Steel toe boots, safety vests, gloves, safety glasses. If thermostats and electrical switches are accepted, a mercury spill kit is needed. Flammables such as fuel and oil based paints. Steel toe boots, safety vests, gloves, safety glasses, coveralls, station adjacent to eye wash, and no smoking signs. Barrels grounded to a metal stake in the ground. Bonding from barrel to decanted container. On pavement with secondary containment, cover if raining, barrels labeled, only one barrel (per waste type) open at a time, away from storm drains. Down slope drains covered with rubber mat if dry and oleophilic socks if raining. Spill kit. Oil and antifreeze Steel toe boots, safety vests, gloves, safety glasses, coveralls, Station adjacent to eyewash. On pavement with secondary containment, cover if raining, barrels labeled, only one barrel (per waste type) open at a time, No smoking signs, away from storm drains. Down slope drains covered with rubber mat if dry and oleophilic socks if raining. Spill kit. Porcelain (toilets & sinks) Steel toe boots, safety vests, gloves. Propane Steel toe boots, safety vests, no smoking signs. Propane tanks must be stored in labeled container that is physically separated from other items to prevent crushing or puncturing e.g. labeled gaylord, metal barrel or wire cage. Shredder Ear protection, safety glasses and safety vests. Textiles and house hold goods Safety vests. Tires Steel toe boots, safety vests, gloves. TV's, computer monitors and fluorescent lights Steel toe boots, safety vests, gloves, safety glasses, long sleeve shirts. Ear protection and hard hat if working near mechanical loader. Tarp on pavement, broom, shovel, dust pan, and rubbish bin. Fluorescent lights that are tubes of various lengths must be stored in a container which protects the lights from breakage. These include drums which are of the proper height to support the entire length of the tube, or individual cardboard tubes for lights, etc. Wood (clean lumber and yard debris) Steel toe boots, safety vests, gloves, safety glasses, long sleeve shirts. Ear protection and hat if working near mechanical loader. Note: Wood waste excludes all painted and treated wood, while wood derived fuel allows glues, bonding agents, paints that do not contain lead, and creosote treated wood. It excludes pressure -treated wood with chemicals such as copper -chrome arsenate. Format Note: Shaded rows indicate collection stations handling moderate risk waste (MRW). Inspection Notes: Satisfactory: No violations noted. Unsatisfactory: Any violations noted for stations handling MRW that are not corrected during inspection Complete: Any violations noted for MRW stations are corrected during the inspection or non-MRW violations observed and noted in inspection comments. CITY OF Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (2531 835-7000 www dtyoffederahvay com 1. Total Compensation: In return for the Services described in Exhibit "A," the City shall pay the Contractor a total amount not to exceed Nineteen Thousand Nine Hundred Fifty and No/100 Dollars ($19,950.00), as itemized below: • A flat rate of Three Thousand Nine Hundred Fifty -Five and No/100 Dollars ($3,955.00) inclusive per event, for handling and collecting wood and branches/stumps, and for handling, collecting, hauling, and proper recycling of mattresses, fibers and scrap metal/appliances. • Twenty-five and No/100 Dollars ($25.00) for collecting, hauling, and proper recycling each CFC - containing appliance. • Two Hundred Eighty and No/100 Dollars ($280.00) for each roll -off box of wood or branches hauled to Rainier Wood Recyclers. 2. Note that the City will pay Rainier Wood Recyclers separately, based on their unit cost for recycling wood and branches delivered by the Contractor per this Agreement. GOODS AND SERVICES AGREEMENT - 10 - 3/2017 EXHIBIT C A� �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/3/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Degginger McIntosh and Associates PO Box 1400 3977 Harbour Point Blvd SW Mukilteo WA 98275 CONTACT Annie Santorelli NAME: aHID.No.Ex) (425)740-5214 FAX E-MAIL ADDRESS: Annie@DMAinsurance.cOm INSURER(S)AFFORDINGCOVERAGE NAIL# INSURER A :Kinsale Insurance Co COMMERCIAL GENERAL INSURED A Plus Demolition & Excavation 12035 SE 236th Kent WA 98031 INSURER B :National Indemnity Company Y INSURER C :Scottsdale Insurance Co . 1/15/2018 INSURER D: EACH OCCURRENCE INSURERE: INSURERF: DAMAGE TO RENTED PREMISES Ea occurrence) COVERAGES CERTIFICATE NUMBER:18-19 GL/BA/SG/XS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY I X I OCCUR X Y 0100035112-2 1/15/2018 1/15/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE DAMAGE TO RENTED PREMISES Ea occurrence) $ •100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY X JECOT- 1 OTHER: PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 70 TRS 084379 1/15/2018 1/15/2019 COMBINED SINGLE LIMIT (Ea accident) _ $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAR X OCCUR EXCESSLIAB 1 (CLAIMS -MADE Excess over GL/Stop Gap 0100053153-1 1/15/2018 1/15/2019 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION$ $ A p(I (E$MPLPLOERXS'LIABI ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/N N / A WA STOP GAP 0100035112-2 1/15/2018 1/15/2019 STATUTE X ERH E.L. EACH ACCIDENT $ 1,000,000 below E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Leased and Rented Equip CPS2768422 1/15/2018 1/15/2019 Umit: $125,000 Deductible $1, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Federal Way is included as Additional Insured per attached form CG2010(0704) with respect to any and all operations of the Named Insured. Coverage is Primary and Non -Contributory per attached form CAS5003(0110). Completed Operations applies per form CG2037(0704). Waiver of Subrogation applies per form CAS4002(0110). Per Project General Aggregate applies per form CAS4005(0310). All endorsements apply per required Written Contract. CERTIFICATE HOLDER CANCELLATION recycle®cityoffederalway.c City of Federal Way 33325 8th Ave S Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Steven Kelly/ANNIE ACORD 25 (2014/01) I NS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -BLANKET Attached To and Forming Part of Policy 0100035112-2 Effective Date of Endorsement 01/15/2018 12:01AM at the Named Insured address shown on the Declarations Named Insured A Plus Demolition & Excavation Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE SECTION IV — CONDITIONS, 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of "your work" done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4002 0110 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached To and Forming Part of Policy 0100035112-2 Effective Date of Endorsement 01/15/2018 12:01AM at the Named Insured address shown on the Declarations Named insured A Plus Demolition & Excavation Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s) Location and Description of Completed Operations Blanket, as required by written contract. EXCLUDES ALL NEW RESIDENTIAL CONSTRUCTION "Your work" does not include "new residential construction", which means any building or structure not previously occupied, and designed or intended for occupancy in whole or in part as a residence by any person or persons. "New residential construction" does not include apartments or apartment buildings or assisted living facilities. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured 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 desig- nated and described in the schedule of this endorse- ment performed for that additional insured and in- cluded in the "products -completed operations hazard". CG 20 37 07 04 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. © ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy 0100035112-2 Effective Date of Endorsement 01/15/2018 12:01AM at the Named Insured address shown on the Declarations Named insured A Plus Demolition & Excavation Additional Premium: Return Premium: $0 50 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 Blanket, as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated a bove. CG 20 10 07 04 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 project (other than service, 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 organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. © ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Forming Part of Policy 0100035112-2 Effective Date of Endorsement 01/15/2018 12:01AM at the Named Insured address shown on the Declarations Named Insured A Plus Demolition & Excavation Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS5003 0717 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION - AMENDED AGGREGATE PER PROJECT OR LOCATION Attached To and Forming Part of Policy 0100035112-2 Effective Date of Endorsement 01/15/2018 12:01AM at the Named Insured address shown on the Declarations Named Insured A Plus Demolition & Excavation Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE General Aggregate applies to EACH LOCATION in the amount of: Total ALL LOCATIONS Aggregate Limit: General Aggregate applies to EACH PROJECT in the amount of: $2,000,000 Total ALL PROJECTS Aggregate Limit: $5,000,000 SECTION III — LIMITS OF INSURANCE — 2, is amended by the addition of the following: d. The General Aggregate Limit applies separately to each "project" of the Named Insured or to each "location" of the Named Insured as indicated in the Schedule above. Notwithstanding the application of the General Aggregate Limit to each "project" or each "location" of the Named Insured, under no circumstances will we pay more than the TOTAL ALL LOCATIONS AGGREGATE LIMIT or the TOTAL ALL PROJECTS AGGREGATE LIMIT shown in the Schedule above for all claims arising out of all "locations" or all "projects" as applicable under this policy. The following are added to the DEFINITIONS section of this policy: "Project" means all work done by you or on your behalf, away from premises owned or rented to you, to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract are not separate "projects" within the meaning of this coverage. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CAS4005 0310 Page 1 of 1