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HomeMy WebLinkAbout000192 Original ContractFor information regarding this project, contact* Terry Dahlquist, City of Port Angeles 360- 417 -4702 PROJECT MANUAL for TREE TRIMMING 2011 PROJECT NO. WF- 133412/03 poRr gNC `(1/4 vas FIKS At CITY OF PORT ANGELES WASHINGTON JULY 2011 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MICHAEL C. PUNTENNEY, P E., DEPUTY DIRECTOR OF ENGINEERING SERVICES City of Port Angeles Record #000192 Prepay irojecft�Erfdmeer R 'ewe by:l City Engih PROJECT MANUAL for TREE TRIMMING 2011 PROJECT NO. WF- 133412/03 N 1 sr mad I 'v‘..... .4■11.4ri cNNzili■ee KS AO CITY OF PORT ANGELES WASHINGTON JULY2011 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MICHAEL C. PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES Revi- ed by: lit City orney wiaotr-A Advertisement for Bids .i Information for Bidders ii PART 1 CONTRACT REQUIREMENTS: PROJECT MANUAL TABLE OF CONTENTS TREE TRIMMING 2011 WORK REQUEST NO. 133412 -3 Contractor's Checklist 1 -1 Non Collusion Affidavit 1 -2 Contractor's Construction Experience 1 -3 Bid Form 1 -4 PART 11 CONTRACT FORMS SUBMITTED FOLLOWING AWARD OF CONTRACT Contract 2 -1 Performance and Payment Bond 2 -7 Certificate of Insurance [provided by bidder] Statement of Intent to pay Prevailing Wages [WA Dept of Labor Industries] PART III SPECIAL PROVISIONS Special Provisions 3 -1 PART IV FORMS Change Order Form Contractor's Application for Payment Form ATTACHMENT A: STATE PREVAILING WAGE RATES ATTACHMENT B: STANDARD SPECIFICATIONS FOR TREE TRIMMING ADVERTISEMENT FOR BIDS Tree Trimming PROJECT WF- 133412/03 City of Port Angeles Sealed bids will be received by the Director of Public Works Utilities at 321 East Fifth Street, P. O. Box 1150, Port Angeles, Washington 98362, until 2:00pm, July 22, 2011, and not later, and will then and there be opened and publicly read at that time for the construction of the following improvements: Trim and remove trees at various locations around Port Angeles to provide proper clearances to overhead power lines. Informational copies of any available maps, plans and specifications are on file for inspection in the office of the Port Angeles Public Works Engineering Services (360- 417 4700). Bids will be for an hourly rate, not to exceed $80,000 total contract cost. Bidders must be certified to work near energized 12,470 volt overhead power distribution lines. Minority and women owned businesses shall be afforded full opportunity to submit bids in response to this invitation, shall not be discriminated against on the grounds of gender, race, color, age, national origin or handicap in consideration of an award of any contract or subcontract, and shall be actively solicited for participation in this project by direct mailing of the invitation to bid to such businesses as have contacted the City for such notification. Glenn A. Cutler, P.E. Director of Public Works Utilities i INFORMATION FOR BIDDERS Sealed bids will be received by the City of Port Angeles (herein called "Owner at 321 East Fifth Street, Port Angeles, Washington 98362, until the time and date as stated in the ADVERTISEMENT FOR BIDS or as amended through addendum, and then at said office publicly opened and read aloud. Each bid shall be received by the Owner in the manner set forth in the ADVERTISEMENT FOR BIDS. Each bid must be submitted in a sealed envelope, so marked as to indicate its contents without being opened, and addressed in conformance with the instructions of the ADVERTISEMENT FOR BIDS. Bids submitted by FAX will not be considered. Each bid shall be submitted on the required bid form contained in Part I of the Project Manual. All blank spaces for bid prices must be filled in, in ink or typewntten, and the Bid Form must be fully completed and executed when submitted. Only one copy of the Bid Form is required. In addition, all other forms included in Part I shall be filled out and completed, including any addendum(s), and enclosed in a sealed envelope endorsed with the name of the work. The Owner may waive any informalities or minor defects or reject any and all bids. Any bid may be withdrawn pnor to the scheduled time for the opening of bids or authonzed postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder will be permitted to withdraw its bid between the closing time for receipt of bids and execution of the Contract, unless the award is delayed for a penod exceeding sixty (60) calendar days. A conditional or qualified bid will not be accepted. The Owner reserves the right to accept the bid that is in the best interest of the Owner, to postpone the acceptance of bids and the award of the Contract for a period not to exceed sixty (60) days, or to reject any and all bids. If all bids are rejected, the Owner may elect to re- advertise for bids. The Owner may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the nght to reject any bid, if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Subject to the foregoing, the bid award may be made to the lowest responsible bidder The work may begin in August, and shall be completed by the end of November, 2011. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond within ten (10) calendar days from the date the notice of award is delivered to the bidder Such bond(s) shall be on the form provided by the Owner, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bond(s) as the person authonzed to execute it (them). The notice of award will be accompanied by the necessary Contract and bond forms. In case of failure of the bidder to execute the Contract, the Owner may, at its option, consider the bidder in default, in which case the bid deposit accompanying the bid shall become the property of the Owner. The Owner, within ten (10) calendar days of receipt of the acceptable Performance and Payment Bond and the Contract signed by the party to whom the Contract was awarded, will sign the Contract and return to such party an executed duplicate of the Contract. Should the Owner not execute the Contract within such penod, the bidder may, by wntten notice, withdraw its signed Contract. Such notice of withdrawal will be effective upon receipt of the notice by the Owner The notice to proceed will be issued on or around August 4, 2010. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor All applicable laws, ordinances, and the rules and regulations of all authonties having junsdiction over construction of the project shall apply to the Contract throughout. ii PART I CONTRACT REQUIREMENTS B. CONTRACTOR'S CHECKLIST 1. Have the bid forms been properly signed? 2. Do the written amounts of the contract forms agree with the amounts shown in figures? 3. Have you quoted on all items? 4. Has the non collusion affidavit been properly executed? 5. Have you shown your UBI number on the bid form? 6. Have you included a copy of a valid certificate of registration in compliance with 18.27 RCW and shown registration number on the bid form? 7. Have you filled out the bidder's construction experience form? The following forms are to be executed after the contract is awarded: A. Contract To be executed by the successful contractor and the City. Performance bond To be executed on the form provided by Owner, by the successful contractor and its surety company. To include name. contact and phone number. and address of surety and power of attorney- of s gnatory C. Insurance certificate(s) To be executed on a form that complies with the specifications. D. Washington Department of Labor and Industries "Statement of Intent to Pay Prevailing Wages" Form No. F700- 029 -000. STATE OF WASHINGTON COUNTY OF CLALLAM NON COLLUSION AFFIDAVIT The undersigned, being first duly sworn on oath, says that the bid herewith submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding, and that said bidder has not in any manner sought by collusion to secure to him /her self an advantage over any other bidder or bidders. outfi w o/ 1NA i i Q �NSMENTF. •Q OCT 9�2 25 2013 �c o�..� V Signature of Bidder /Contractor Subscribed and sworn to before me thispiO 'day of Notary Public in and for the State of Washington. Residing at 1 -2 My Comm. Exp.: ,17t i 2011. Answer all questions and provide clear and comprehensive information. 1. Name of contractor: Asplundh Tree Expert Co. 2. Registration Number: ASPLUTE246DZ 3. Permanent main office address: 7524 NE 175th Street, Kenmore, WA 98028 4. When organized: 1 9 2 8 5. Where incorporated: 6. How many years have you been engaged in the contracting business under your present firm name? 8 3 7. Contracts on hand. (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion), contact name and phone number. SPP At1 8. General character of work performed by your company. Vegetation Management, R -O -W Mowing. Substation R -O -W Herbicide Application 9. Have you ever failed to complete any work awarded to you? No If so, where and why? 10. Have you ever defaulted on a contract? No 11. List the more important projects recently completed by your company, stating approximate cost for each, and the month and year completed, contact name and phone number See Attached 12 List your major equipment available for this contract. 13. Experience of contractor in construction work similar to this project in work and importance. cAA a�+- a�ho,a CONTRACTOR'S CONSTRUCTION EXPERIENCE Pennsylvania Date: July 1 8, 201 1 Print Name: Mick Kavran 1 -3 See Attached 14. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City? Yes Add separate sheets if necessary. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City of Port Angeles. .V Title: Vice President Contractor Signature Total Cost line 4 of 6.A Mobilization Cost BID FORM TREE TRIMMING Project WF- 133412 The bidder hereby proposes to provide a tree trimming crew with equipment to perform tree trimming, as detailed in the specifications and elsewhere in these documents, including labor, equipment, time and materials, on the terms and conditions herein stated. The total cost of work completed on this project is not to exceed $80,000. 1. Mobilization of crew and equipment to and from Port Angeles: 200.00 200.00 2. Tree Trimming Crew and Equipment shall be as follows: Crew Size: Tree Trimming Foreman, Tree Trimmer, and Flagger Basic Eauioment: Manlift Truck with Chip Box Chipper Truck Chipper Misc. Power saws, hand tools etc. included with Lift Truck Total hourly price for crew and equipment 184.10 3. Start date (ARO)W/ In 10 days of NTP The Contractor shall work continuously on this project, other than weekends and holidays, until the work is completed 4. The Contractor acknowledges that a Contractor's License is required and warrants that he possesses Contractor's license for the State of Washington, in which the project is located. 5. The Contractor agrees that he has exercised his own judgment regarding the interpretation of surface information, and has utilized all data which he believes is pertinent from the City Electrical Engineering Manager, hereinafter also referred to as the City, and such other source information as the Contractor has determined necessary in arriving at his conclusion. 5. Any alterations or exceptions: Asplundh will cover all but the Districts sole negligence. Please delete "Sole" on BID FORM TREE TRIMMING Project WF- 133412 SIGNATURE PAGE The Contractor declares that he has carefully examined the specifications and contract documents, hereinafter referred to as the Project Manual, for tree trimming, and that he has satisfied himself as to the types and quantities of materials, the types of equipment, and the conditions of the work involved, allowing that the description of work as included herein is brief and intended only to indicate the general nature of the work, and that this bid is made in accordance with the provisions and terms of the contract included in the Project Manual. By signing the Bid Form, the bidder certifies he is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). The Contractor further warrants that he possesses adequate financial resources for the performance of the work covered by this Proposal, and that the Contractor will provide the necessary tools, equipment, a qualified foreman, and other employees as required. The name of the bidder submitting this bid and its business phone number and address, to which address all communications concerned with this bid and with the contract shall be sent, are listed below. Bidder's firm name Asplundh Tree Expert Co. Complete address 7524 NE 175th Stre2t (Street address) Kenmore WA 9Rn2R (City) (State) (Zip) Contractor Registration Number: ASPLUTE246DZ UBI Number: 409 Telephone No. 425 483 9339 WA State Industrial Insurance Account Number: 706 03500 WA State Employment Security Department Number: 409 -019 -409 State Excise Tax Registration Number: _2 3 -12 7 7 s n Signed by Title Vice President Printed Name: Mick Kavran Date: July 18, 2011 1 -5 =I MIMI= MEM MI F625-052-000 (8/97) F625-052-000 (8/97) DEPARTMENT OF LApoR AND INDUSTRIES REGISTERED AS PROVIDED BY LAW AS. CONST CONTR GENERAL REGIST. EXP. DATE CCO1 ASPLUTE246DZ 8/30/2011 EFFECTIVE DATE 3/9/1976 ASPLUNDH TREE EXPERT CO 7524 NE 175TH ST ATTN: TAX DEPARTMENT KENMORE WA 98028 Detach And Display Certificate REGISTERED AS PROVIDED BY LAW AS CONST CONTR GENERAL REGIST. EXP. DATE CCO1 ASPLUTE246DZ 8/30/2011 EFFECTIVE DATE' 3/9/1976 Please Remove And Sign Identification Card Before ASPLUNDH TREE EXPERT CO Placing In 7524 NE 175TH ST Billfold ATTN: TAX DEPARTMENT sign gAMORE WA 98028 Issued by DEPARTMENT OF LABOR AND INDUSTRIES Herewith find an executed Bid Bond or a deposit in the form of a cashier's check, postal money order or other security in lieu of a bid bond in the amount of which amount is not less than five (5 percent of the total bid. KNOW ALL MEN BY THESE PRESENTS Travelers Casualty and Surety That we, Asplundh Tree Expert Co as Principal and Comnanv of America as Surety, are held and firmly bound unto the CITY OF PORT ANGELES as Obligee, in the penal sum of Five Percent (5 of Amount Bid 5% Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for: according to the terms of the bid made by the Principal, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the advertisement for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond SIGNED, SEALED AND DATj D THIS 18th day of Asplundh Tree Expert Co. Dated: T Pa C Tr a s l Casualty and Surety o mpany of America Surety Sandra E ronson, Attorney -in -Fact Travelers Casualty and Surety Company of America 1650 Market St Ste 1000 One Tower Square, Hartford, CT 06183 Surety address Anthony Destra 215 274 1650 Surety Contact and Phone Number Received return of deposit in the sum of BID SECURITY TRANSMITTAL FORM SIGN HERE BID BOND TREE TRIMMING 2011 PROJECT WF 133412/03 July Dennis A. Stapola, VP /Asst. Secretary Aon Risk Services Central, Inc Agent Philadelphia, PA 19103 Agent Address Richard A Jacobus 215 255 2000 Agent Contact and Phone Number 2011. TRAVELERSJ Attorney -In Fact No. 222635 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 04169731 KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of Amenca are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies and that the Companies do hereby make, constitute and appoint Darella White, Richard G Dicciani, Richard A Jacobus, Mary C O'Leary, Douglas R Wheeler, Maureen McNeill, Wayne G McVaugh, Rosemarie Capone, Elizabeth Marrero, and Sandra E Bronson of the City of Philadelphia State of Pennsylvania their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this April 2011 day of State of Connecticut City of Hartford ss On this the In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011 58440 4 09 Printed in U S A. Farmington Casualty Company Fidelity and Guaranty Insurance Company;; Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company By WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Georg Thompson senior Vice President 18th 18th April 2011 day of before me personally appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer C Mane C Tetreault. Notary Public WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authonty of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Manne Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authonty as his or her certificate of authority may prescnbe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other wntings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or wntmg obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a wntten delegation of authonty, and it is FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretanes or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kon M Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc St. Paul Fire and Manne Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United °States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,,which-is in full force and'effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of V� 1f Kon M Johanscla./Assistant Secretary` WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,20 11 To venfy the authenticity of this Power of Attorney, call 1- 800 421 -3880 or contact us at www.travelersbond com Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CASH AND INVESTED CASH BONDS INVESTMENT INCOME DUE MD ACCRUED PREMIUM BALANCES NET DEFERRED TAX ASSET REINSURANCE RECOVERABLE RECEIVABLES FROM PARENT, SUBSIDIARIES AND AFFILIATES SECURITIES LENDING RESTED COLLATERAL ASSETS UNOISTRJBUTED PAYMENTS OTHER ASSETS TOTAL ASSETS STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD ASSETS SUBSCRIBED AND SWORN TO BEFORE ME THIS 15T11 DAY OF APRIL, 2011 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD. CONNECTICUT 06153 FINANCIAL STATEMENT AS OF DECEMBER 31, 2010 CAPITAL STOCK S 8,450,900 40.788.176 3.817,4570 53,309,211 179,028,792 57.793,379 28,980,685 34,025.,850 11844.000 4,507$56 513,766 -Li 2" 25 CAPITA(. STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO POLICYHOLDERS TOTAL LIABILITIES 8 SURPLUS SECOND NICE PRES SURPLUS UNEARNED PREMIUMS LOSSES REINSURANCE PAYABLE ON PAID LOSSES J LOSS ADJ. EXPENSES LOSS ADJUSTMENT EXPENSES COMMISSICN8 TAXES, LICENSES AND FEE& OTHER EXPENSES FUNDS HELD UNDER REINSURANCE 'TREATIES CURRENT FEDERAL AND FOREIGN INCOME TAXES REMITTANCES AND ITEMS NOT ALLOCATED ITF&[ AMOUNTS WELDI RETAINED BY COMPANY FOR OTHERS RETROACTIVE REINSURANCE RESERVE ASSUMED DIVIDENDS POLICYHOLDER DIVIDENDS PROVISION FOR REINSURANCE PAYABLE FOR SECURITIES LENDING CEDED REINSURANCE NET PREMIUMS PAYABLE OTHER ACCRUED EXPENSES AND LIABILITIES TOTAL LIABILITIES MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING 13 A TRUE AND CORRECT STATTBIME OF THE FINANCIAL CONDITION OF SAID C0T4PANY AS OF THE 31ST DAY OF DECEMBER, 2010. b4 NOTARY PUBLIC SUSAN M. WEISSLEDER Notary Publoc My Commission Expires November 30, 2012 o S 813,054,287 920,220.402 2,520,742 477.495,945 31,967,528 53,079,669 34,523822 98.187.983 3,520,$37 9,426,732 25,591,395 3 289.970 7,479$05 5 357,627 11,844,000 (50,388.527) 1 053.975 S 2436,034.011 6,450,000 433,503,780 1.381.940.752 3 1.802224.512 3 4258.523 PART 11 CONTRACT FORMS (TO BE SUBMITTED AT CONTRACT EXECUTION) WITNESSETH: PUBLIC WORKS CONTRACT This Contract is made and entered into in duplicate this second day of August, 2011, by and between the City of Port Angeles, a non charter code city of the State of Washington, hereinafter referred to as "the City and Asplundh Tree Expert Company, hereinafter referred to as "the Contractor Whereas, the City desires to have certain public work performed as hereinafter set forth, requiring specialized skills and other supportive capabilities; and Whereas, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein, the parties hereto agree as follows: 1. Scope of Work The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: TREE TRIMMING 2011; WORK REQUEST #WF- 133412/03 in accordance with and as described in A. this Contract, and B the Project Manual, which includes the attached plans, Specifications, Special Provisions, submittal requirements, attachments, addenda (if any), Bid Form, Performance and Payment Bond, and C the 2010 Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation, as may be specifically modified in the attached Specifications and /or Special Provisions, hereinafter referred to as "the standard specifications and D. the most current edition of the City of Port Angeles' Urban Services Standards and Guidelines, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The City will provide maps indicating the areas to be trimmed. The areas will be prioritized to assure the most urgent is completed first Work will continue until all designated areas have been trimmed, or the cost reaches the $80,000 contract limit, whichever comes first. At that time, work will cease. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract, except as may otherwise be provided in the Project Manual. 2. Time for Performance and Liauidated Damaaes. A. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein. The Contractor may commence work no earlier than August 9, 2011 and said work shall be physically completed by December 1, 2011, unless a different time frame is expressly provided in writing by the City. 2 -1 B. If said work is not completed within the time for physical completion, the Contractor may be required at the City's sole discretion to pay to the City liquidated damages of $90.00 for each and every day said work remains uncompleted after the expiration of the specified time. 3. Compensation and Method of Payment. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Project Manual. Total payment will not exceed $80,000.00, unless modified by Change Order. B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment request form. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request For Information (RFI) and /or Construction Change Order (CCO) process as set forth in the Project Manual. Following approval of the RFI and /or CCO, the Contractor shall submit the standard payment request form(s). E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in the Attachments to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request form and shall make payment to the Contractor within approximately thirty (30) days thereafter. 4 Independent Contractor Relationshio. The relationship created by this Contract is that of independent contracting entities. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 5. Prevailing Wage Requirements. The Contractor shall comply with applicable prevailing wage requirements of the Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW and Chapter 296 -127 WAC. The Contractor shall document compliance with said requirements and shall file with the City appropriate affidavits, certificates, and /or statements of compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this Contract have been established by the Department of Labor Industries and are included as an Attachment to this Contract. The Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with the prevailing wage and documentation requirements as set forth herein. 6. Indemnification and Hold Harmless. A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers against and from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the negligence of the City. 2 -2 B. Should a court of competent jurisdiction determine that this Contract 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, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 7. Insurance. The Contractor shall procure, and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Failure by the Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working days notice to the Contractor to correct the breach, immediately terminate the Contract or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, off set against funds due the Contractor from the City. A. Minimum Scope of Insurance The Contractor shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate and a $3,000,000 products completed operations aggregate limit. 2 -3 C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 8 Compliance with Laws. 9. Non discrimination. i. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. ii. The Contractor shall provide City and all Additional Insureds with written notice of any policy cancellation, within two (2) business days of their receipt of such notice 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 The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. F. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or subcontractors as well as to any temporary structures, scaffolding and protective fences. A. The Contractor shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Project Manual. B. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the performance of the work. C. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. The parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: A. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. B. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. 2 -4 10. Assignment and Subcontractors. A. The Contractor shall not assign this Contract or any interest herein, nor any money due to or to become due hereunder, without first obtaining the written consent of the City. B. The Contractor shall not subcontract any part of the services to be performed hereunder without first obtaining the consent of the City and complying with the provisions of this section. C. In the event the Contractor does assign this contract or employ any subcontractor, the Contractor agrees to bind in writing every assignee and subcontractor to the applicable terms and conditions of the contract documents. D. The Contractor shall, before commencing any work, notify the Owner in writing of the names of any proposed subcontractors. The Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items or materials or equipment), whether initially or as a substitute, against whom the Owner may have reasonable objection. Each subcontractor or other person or organization shall be identified in writing to the Owner by the Contractor prior to the date this Contract is signed by the Contractor. Acceptance of any subcontractor or assignee by the Owner shall not constitute a waiver of any right of the Owner to reject defective work or work not in conformance with the contract documents If the Owner, at any time, has reasonable objection to a subcontractor or assignee, the Contractor shall submit an acceptable substitute. E. The Contractor shall be fully responsible for all acts and omissions of its assignees, subcontractors and of persons and organization directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that it is responsible for the acts and omissions of person directly employed by it. F. The divisions and sections of the specifications and the identifications of any drawings shall not control the Contractor in dividing the work among subcontractors or delineating the work to be performed by any specific trade. G. Nothing contained in the contract documents shall create or be construed to create any relationship, contractual or otherwise, between the Owner and any subcontractor or assignee. Nothing in the contract documents shall create any obligation on the part of the Owner to pay or to assure payment of any monies due any subcontractor or assignee. H. The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition, the Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. I. In addition to all other obligations of the contractor, if the contractor does employ any approved subcontractor, the contractor shall supply to every approved subcontractor a copy of the form, provided in the project manual, to establish written proof that each subcontract and lower -tier subcontract is a written document and contains, as a part, the current prevailing wage rates. The contractor, each approved subcontractor and each approved lower -tier subcontractor shall complete and deliver the form directly to the City. 2 -5 11 Contract Administration. This Contract shall be administered by Mick Kavran on behalf of the Contractor and by Terry Dahlquist on behalf of the City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: Contractor. Cwt Asplundh Tree Expert Co 7524 NE 175 Street Kenmore, WA 98028 12. Interpretation and Venue. City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362 -0217 This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first set forth above. CONTRACTOR CITY OF PORT ANGELES: Asplundh Tree Expert Company By: By: �RN.. c .,o.. 0.1a Title: Vice President City Ma Approved a Attest. City Attorney /kattalt/)7/11/t/L, V ity Clerk KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, ASPLUNDH TREE EXPERT CO. as Pnncipal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA a corporation, organized and existing under the laws of the State w13gtrirx, as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations as surety, are jointly and severally held and firmly bound to the City of Port Angeles in the penal sum of Eighty Thousand and 00/100 Dollars (S80,000.00) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of Port Angeles Dated at Philadelphia, PA Miggpr, this Sthday of August 2011 The conditions of the above obligation are such that: WHEREAS, the City of Port Angeles has let or is about to let to the said ASPLUNDH TREE EXPERT CO. the above bounded Principal, a certain contract, the said contract being numbered WF- 133412/03, and providing for Tree Tnmmina 2011 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; now, therefore, If the said Principal.. ASPLUNDH TREE EXPERT CO. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Port Angeles harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the City of Port Angeles, then and in that event, this obligation shall be void, but otherwise, it shall be and remain in full force and effect. Signed this 5th day of August TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Surety By k(10.1),(,) `N/�c�.�..o 0■A Sandra E. Bronson, Attorney -in -Fact Title One Tower Square Hartford, CT 06183 Surety Address Anthony Destra 215- 274 -1650 Surety Contact and Phone Number PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond 105651041 2011 Asplundh Tree Expert Co. Principal 2 -7 By r/I� Denni A. StapoYa, VP /Asst. Secretary Aon Risk Title Services Central, Inc. 1650 Market Street Philadelphia PA 19101 Agent Address Richard Jacobus 215 -255 -2000 Agent Contact and Phone Number of Connecticut 1 i I 1 1 I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 Attorney -In Fact No. 222635 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwnters, Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies and that the Companies do hereby make, constitute and appoint Darella White, Richard G Dicciani, Richard A Jacobus, Mary C O'Leary, Douglas R Wheeler, Maureen McNeill, Wayne G McVaugh, Rosemarie Capone, Elizabeth Marrero, and Sandra E Bronson of the City of Philadelphia State of Pennsylvania their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other wntings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permittedm any actions or proceedings allowed by law State of Connecticut City of Hartford ss In Witness Whereof, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2011 58440 4 09 Printed in U S A IN WITNESS WHEREOF, the Compaji ]lave caused this instrument to be signed and their corporate seals to be hereto affixed, this day of April GG 1 Farmington Casualty Company Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company By Certificate No. 0 0 416 9 8 0 3 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER G:.,. ior President St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 18th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 18th April 2011 On this the day of before me personally appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United States Fidelity and Guaranty Company, and that he, as such, being authonzed so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authonzed officer e Mane C Tetreault, Notary Public WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc St Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of Amenca, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authonty as his or her certificate of authonty may prescnbe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authonty to one or more officers or employees of this Company, provided that each such delegation is in wntmg and a copy thereof is filed in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescnbed in his or her certificate or their certificates of authonty or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other wntmgs obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kon M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc St Paul Fire and Manne Insurance Company, St Paul GuardianInsurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Umted °States Fidehty and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companie4which-is in full force and'effect and has not been revoked t y IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this N•_!NgG Y 1NS(iq O.' 9 Jp �ItoaaoR� >f'' ,paeorm 4 j �`SEAL��o1 ts.SEAL e WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Kon M. Johansdo Assistant Secretary 20 1' To verify the authenticity of this Power of Attorney, call 1- 800 421 -3880 or contact us at www travelersbond com Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. 1 TcSTALASSETS SrATE OF cONNEGTTCUT COUNTY OF 11A�T�ORD CETYOFHARWORD ASSETS GRSlE ANU €EdVESTED!.ASEi 130NO3 1NVESTA1cNT INCOME DUE A�4LlAC4:RUEE3 Pl7EtdiUM $ALAP3CES NETDEFERREDTAXA$ T REtNSURAN% ECOVERABLE R CEIVAS $FROM PNiEN T. SU35�1WRIES ANr7 AFF LTATES SECURE 1ES Lg4DkNv RE WESTE0 COLLATERM. ASSTS UNI3i5T3iFU12O PAY}PET5 OTER ASSET$ )SS. SU3SCREE3! O ANf3 SO4t1RN TQ SEFOnE f THIS 45T14 DAY OF#PRIL, 2841 TRAVELER3 CASUALTY A?!U SURETY COEdAAKY OF ARIERICA HIRTFORD. CONNECTICUT 4$tS3 rEHANCIRL 9TATt RENT AS OF DECEMBER 31.2019 CAPITAL STOc 58,4sa,DO9 40.7&8,178 3,317,4bY,230 63r'2C�8.'�i7 1T4,028,7D2 67,783,379 34,025,Cr94 11$4Q 4.5Q7.E56 513 765 x 4&52 UNFARNEE t?REM(UMS LOSSES RExNS RANGE P A Y A B I E ON 'AL l L 3SS A J. Eu'ct FSES LOSSRRJU53T EMT[ PENSE�$ COCkMIS51ONs TAXES. UtN9E8 AHD FEES OTHER EXPENSES I1J FSEEELOi #NDERRESNSURAidCETREATIES CURRENT 1RAL AND FOREIGM [NCOME TAXES REMTFT{WCES AND ITEMS NOTALOCATBp AMOUNTS W1THHELD J R E T A N t E O 8 Y CL3F6r ANY FOR ClTERS REiFZQAt;TiVE REINSURANCE RESERVEASSUMED POLICYHOLDER DMf}ENDS PRLyVISION FOR REINSURANCE PAYABLE FOR SECURIT E& 1 NOIidG CEO REINSURANCE NET PREMIGMS PAYABLE OTHER ACCRUEQ EXPENSES AMD W 3IUUcS TOTAL LEA94U11E8 ClIL>TTAL STOCK PAID EN SURPLUS 433,593758 01111E SURPLUS 1.531,948.752 7OTA). SURPLUS TO P JCYHQ .DEERS 3 1282224512 TO ALI IMILE41ES SURPE.US 423S25&523 MICHAEE J. DOODY. BEING DULY SWORN, SAYS TAT F4E to $ECOND VICE PRESSDENT, OE TRRVE[ERS CASUALTY AND SURETY COUPANY OF AMERICA, ANd T k�ATTQ hE BEST OF HIS KHO IEDC ANQ BEUEF, TetE FOf E 3O HG tS AhUE ND A 4ENT THE 1NANCgAE CONDff OF4OFSAID PNY AS OF THc 81sT ORY OF BrcEA+SER, 2$54. iJA89_mss !E SURPLUS hu, r.n r' F+USUC SUSAN M.WEISSLEDER Narq,yPubIk A camnl1ssion iresNovjnber3D.2012 813$3 29.22 402 ZSdfi742 477,4$5.845 57,487�2if 's5,478,6tie 34,523,82: sals7.sss 3,320,fi37 9.428.732 3 289,4170 7,479 s0s S.s"67,627 11.E44.0 D (90.388.527) 1053Si75 3 2,436,834.4 E t t'C)RtJ 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 Aon Risk Services Central, Inc Philadelphia PA Office One Liberty Place, Suite 1000 Philadelphia, PA 19103 INSURED Asplundh Tree Expert Co 708 Blair Mill Road Willow Grove, PA 190901784 COVERAGES COMMERCIAL GENERAL LIABILITY CLAIMS MADE ICJ OCCUR Broad Form Contractual 51 GEN'L AGGREGATE LIMIT APPLIES PER POLICY Ii PROJECT A AUTOMOBILE LIABILITY AS2- 631 004328 -051 nIANY AUTO ❑ALL OWNED AUTOS ❑SCHEDULED AUTOS ['HIRED AUTOS NON OWNED AUTOS City of Port Angeles 321 East Fifth Street P 0 Box 1150 Port Angeles, WA 98362 1 ACORD 25 (2009/09) LOC UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DEDUCTIBLE I-I RETENTION I WORKERS' COMPENSATION AND C EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED (Mandatory m NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below CERTIFICATE OF LIABILITY INSURANCE Region Code 072 POLICY NUMBER AS1- 631- 004328- 181(VI) WA7 -63D- 004328 -011 WC7- 631 004328 -021 WA7 -63D- 004328 -571 CONTACT NAME PHONE (A/C No Ext) E -MAIL ADDRESS PRODUCER CUSTOMER ID INSURER A INSURER B INSURER C INSURER D INSURER E INSURER F CERTIFICATE NUMBER: 2144958751 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 LIMITS SIIOWN ARE AS REQUESTED INSR I TYPE OF INSURANCE I A INSR I SUB A GENERAL LIABILITY TB2- 631 004328 -031 8/1/2011 8/1/2012 EACH OCCURRENCE CERTIFICATE HOLDER CANCELLATION 215- 255 -2000 AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE LIBERTY INSURANCE CORPORATION POLICY EFFECTIVE POLICY EXPIRATION DATE (MM /DD/YYYY) DATE (MM /DD/YYYY) LIBERTY MUTUAL FIRE INSURANCE COMPANY 8/1/2011 8/1/2012 8/1/2011 8/1/2012 FAX 215 255 -1886 (A/C, No) REVISION NUMBER: DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL ADV INJURY GENERAL AGGREGATE PRODUCTS COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE LIMITS u WC STATU- OTHER TORY LIMITS E L EACH ACCIDENT E L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT DATE (MM /DD/YY) 8/8/2011 3,000,000 1,000,000 NAIC 10,000 3,000,000 3,000,000 3,000,000 1,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE WF- 133412 -03 Tree Trimming City of Port Angeles is listed as additional insured as required by written contract but only according to policy terms, conditions and exclusions for liability arising from operations performed by or on behalf of the named insured The above coverage is considered primary as respects other insurance carried by certificate holder SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Aon Risk Services Central, Inc. ©1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD H Named Insured Certificate Holder Asplundh Tree Expert Co 708 Blair Mill Road Willow Grove, PA 19090 -1784 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERICAL GENERAL LAIBLIITY COVERAGE FORM SECTION II WHO IS AN INSURED is amended to include as an insured any person or organization for whom you have agreed in writing to provide liability insurance. But. The insurance provided by this amendment 1 Applies only to "bodily injury" or "property damage arising out of (a) "your work" or (b) premises or other property owned by or rented to you, 2 Applies only to coverage and minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy, and 3 Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is m effect, regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other msurance or whether such other insurance is valid and collectible The following provisions also apply I Where the applicable written agreement requires the insured to provide liability insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis required by such written agreement and Item 4 Other Insurance of SECTION IV of this policy will not apply 2 Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Item 4 Other Insurance of SECTION IV of this policy will govern 3 This endorsement shall not apply to any person or organization for any "bodily injury" or "property damage" if any other additional insured endorsement on this policy applies to that person or organization with regard to the "bodily injury" or "property damage" 4 If any other additional insured endorsement applies to any person or organization and you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for that additional insured, this policy will apply solely on the basis required by such written agreement and Item 4 Other Insurance of SECTION IV of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance If the application written agreement does not specify on what basis the liability insurance will apply, the provision of Item 4 Other Insurance of SECTION IV of this policy will govem Policy Number: TB2- 631 004328 -031 City of Port Angeles 321 East Fifth Street P 0 Box 1150 Port Angeles, WA 98362 2144958751 PART III SPECIAL PROVISIONS SPECIAL PROVISIONS A. Changes in Work The City may, during the progress of this project, make changes in, additions to, or subtractions from the construction drawings and specifications as conditions warrant. Work shall be performed on an hourly basis until the specified maximum amount is reached. If the cost to the Contractor shall be materially increased by any change in scope, the City shall pay the Contractor for the reasonable cost thereof. No claim for additional compensation for any such change will be considered unless the Contractor shall have made a written request therefore to the City prior to the commencement of work in connection with such charge. If the cost to the Contractor shall be materially decreased by any such change or subtraction, the City shall deduct an appropriate amount in accordance with an agreement signed by the City and the Contractor. B. Performance Bond The Contractor shall provide an executed performance bond for the full contract amount. This performance bond shall: 1 Be on a City- furnished form. 2. Be signed by an approved surety (or sureties) that. a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington, published by the Office of the Insurance Commissioner. 3. Be conditioned upon the faithful performance of the contract by the Contractor within the prescribed time; and, 4. Guarantee that the surety shall indemnify, defend, and protect the City against any claim of direct or indirect loss resulting from the failure: The City may require sureties or surety companies on the contract bond to appear and qualify themselves. Whenever the City deems the surety or sureties to be inadequate, it may, upon written demand, require the Contractor to furnish additional surety to cover any remaining work. Until the added surety is furnished, payments on the contract will stop C. Contractor Default a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the contract, and b. Of the Contractor (or subcontractors, or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. If default should be made by the Contractor in the performance of any of the terms of this Contract, the City, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the Surety, if any, a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor and the Surety, if any, such default shall be corrected or arrangements for the correction thereof satisfactory to the City shall be made, the City may take over the Project and prosecute the Contractor, at the expense of the Contractor, for the completion of the Project, and the Contractor and the Surety shall be liable to the City for any cost or expense occasioned thereby. 3 -1 D Termination of the Contract In the event that the Contractor persistently or repeatedly refuses or fails to supply competent supervision, enough properly skilled workers, or proper materials, or disregard laws, ordinances, or the instructions of the City, or fail to perform the work diligently and in an orderly and workmanlike manner in accordance with the Contract, or violate any provision of the Contract, the City may consider the Contractor in default and serve written notice of intention to terminate the Contract upon the Contractor, which notice shall specify the reasons therefore. Unless within five (5) days after serving such notice upon the Contractor such violation shall cease, or an arrangement for the correction thereof satisfactory to the City be made, the Contract shall, upon the expiration of the said five (5) days, terminate, and the Surety will become responsible for the performance of the work unless otherwise agreed to in writing by the City. The rights and remedies of the City under the Termination of Contract provision shall be in addition to any other rights and remedies provided by law or under this Contract. E. State Safes Tax The work on this Contract is to be performed upon lands whose ownership obligates the Contractor to collect State sales tax from the Contracting Agency. The provisions of Section 1- 07.2(2) apply. F. HOURS OF WORK The hours for on -site work under this contract are limited to Monday through Friday, 7:00 am to 6:00 pm, excluding holidays. G. PAYMENTS The Contractor shall submit payment requests with a completed Application for Payment form, a blank of which is included in the Attachments in Part 4 of the Project Manual. This form includes a lien waiver certification, and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. 1 1 1 1 1 1 1 1 1 1 f °folks CONTRACT CHANGE ORDER (CCO) NO. Project Name Date Contractor Project No. DESCRIPTION OF WORK You are ordered to perform the following described work upon receipt of an approved copy of this Change Order: Such work will be compensated by: check one or more of the following as applicable Increase or Decrease in bid items; Force Account; Negotiated Price: The described work affects the existing contract items and /or adds and /or deletes bid items as follows: Ite Description RFI Qty. Unit Cost Per Cost Net Adj. m Unit Cost Days No. 1 2 I I I I DAYS: I DAYS. 1 DAYS: Amount with applicable sales tax included Orig. I 1 I 1 Rev. I 1 1 I 1 I Orig. I 1 1 Rev. 11 1 1 I ORIGINAL CURRENT EST. NET CHANGE TOTAL CHANGE EST. CONTRACT CONTRACT THIS CHANGE ORDERS, INCLUDING AFTER THIS CHANGE CONTRACT ORDER THIS ONE ORDER 1 DAYS: 1 DAYS All work, materials and measurements to be in accordance with the provisions of the original contract and /or the standard specifications and special provisions for the type of construction involved. The payments and /or additional time specified and agreed to in this order include every claim by the Contractor for any extra payment or extension of time with respect to the work described herein, including delays to the overall project. APPROVED BY: SIGNATURE: DATE: PROJECT ENGINEER CITY ENGINEER CONTRACTOR PUBLIC WORKS UTILITIES DIRECTOR CITY MANAGER CITY COUNCIL APPROVAL DATE: CONTRACTOR'S APPLICATION FOR PAYMENT TREE TRIMMING 2011 PROJECT WF- 133412/03 Page 1 of 2 TO: City of Port Angeles DATE: Public Works Utilities Department P.O. Box 1150 Port Angeles, WA 98362 FROM: PAYMENT REQUEST NO. PERIOD From: I to [end of period]: STATEMENT OF CONTRACT ACCOUNT 1 2 3 4 5 6 7 8 9 10 11 Original Contract Amount [Excluding Sales Tax] Approved Change Order No(s). [Excluding Sales Tax] Adjusted Contract Amount (1 +2) Value of Work Completed to Date [per attached breakdown] I Material Stored on Site [per attached breakdown] Subtotal (4 +5) 8.4% Sales Tax [at 8 3% of subtotal], As Applicable Less Amount Retained [at 5% of subtotal] Subtotal (6 +7 -8) Total Previously Paid [Deduction] AMOUNT DUE THIS REQUEST (9 -10) WAIVER OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and releases, up through the date hereof, any and all claims for costs or item extensions arising out of or relating to extra or changed work or delays or acceleration not specifically identified and reserved in the amounts identified below or previously acknowledged in writing by the City of Port Angeles. CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the materials supplied through the ending period date noted above represent the actual value of accomplishment under the terms of the contract (and all authorized changes) between the Applicant and the City of Port Angeles, relating to the above referenced project, and that the remaining contract balance is sufficient to cover all costs of completing the work in accordance with the contract documents. Continued on Page 2 DATED: CONTRACTOR: APPROVAL: Project Manager City Engineer CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 I also certify that all lower -tier payments, less applicable retention, have been made by the Applicant for the periods covered by previous payment(s) received by the Applicant to (1) all lower tier subcontractors/ suppliers, and (2) for all materials, equipment and labor used or in connection with the performance of this contract. I further certify that I have complied with all federal, state and local tax laws, including Social Security laws and Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance of this work, and have paid all such taxes, premiums and /or assessments arising out of the performance of the work. I further certify that, to the best of my knowledge, information and belief, all work for which previous payment(s) have been received shall be free and clear of liens, claims, security interests and encumbrances in favor of the Contractor, subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work. Within seven (7) days of receipt of the payment requested herein, all payments, less applicable retention, will be made through the period covered by this pay request to all my lower -tier subcontractors /suppliers and for all materials, equipment, labor, taxes and assessments arising out of the performance of all said lower -tire work. SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of 20 Notary Public in and for the State of residing at My appointment expires Date Date 1 1 1 1 1 1 1 1 1 1 ATT ACHMENTS ATTACHMENT A WASHINGTON STATE PREVAILING WAGE RATES FOR CLALLAM COUNTY Washington State Prevailing Wage Rates For Public Works Contracts Journey Level and Apprentices, Clallam County, as effective on the date of the bid opening shall apply to this contract To access applicable prevailing rate of wage by trade, use the following Department of Labor and Industries website link: htto:// www.lni.wa.aov/TradesLicensina/ PrevWaae/WaaeRates /default.aso. A copy of the applicable prevailing wage rates can be obtained by contacting Terry Dahlquist at the City of Port Angeles, telephone (360) 417 -4702, or email at tahlquist@cityofpa.us A printed copy is available for viewing in person in the offices of Public Works and Utility Engineering Services, 321 East Fifth Street, Port Angeles, WA 98362. ATTACHMENT B STANDARD SPECIFICATIONS FOR TREE TRIMMING s \K/7"/ i BEFORE: SIDE TRIMMING TREE TRIMMING ENGINEERING SPECIFICATION CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES 1A PRIMARY 10 FT AFTER: SIDE TRIMMING TREE TRIMMING ENGINEERING SPECIFICATION CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES 1B PRIMARY 111 N:V BEFORE: OVERHANG TRIMMING TREE TRIMMING ENGINEERING SPECIFICATION CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES o 2A AFTER: OVERHANG TRIMMING TREE TRIMMING ENGINEERING SPECIFICATION CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES 2B PRIMARY I 2 4 I BEFORE: TOP REMOVAL LATERAL TRIMMING TREE TRIMMING ENGINEERING SPECIFICATION CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES 3A PRIMARY F 8 10 FT AROUND TRANSFORMER z/ 1 AFTER: TOP REMOVAL LATERAL TRIMMING TREE TRIMMING ENGINEERING SPECIFICATION CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES 3B 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -e PRIMARY NOTE 10 FEET FROM NEUTRAL CONDUCTOR IF POSSIBLE 10 F T AFTER: TOP LATERAL TRIMMING SIDE VIEW TREE TRIMMING ENGINEERING SPECIFICATION CITY OF PORT ANGELES PUBLIC WORKS AND UTILITIES 4 WAC 296 45 No Washington State Register filings since 2003 Line clearance tree trimming operations. This section provides additional requirements for line- clearance tree- trimming operations and for equipment used in these operations. This section does not apply to qualified employees. (1) Before an employee climbs, enters, or works around any tree, a determination shall be made of the nominal voltage of electric power lines posing a hazard to employees. However, a determination of the maximum nominal voltage to which an employee will be exposed may be made instead, if all lines are considered as energized at this maximum voltage. (2) There shall be a second line clearance tree trimmer within normal (that is, unassisted) voice communication under any of the following conditions: (a) If a line clearance tree trimmer is to approach more closely than 10 feet (305 cm) any conductor or electrical apparatus energized at more than 600 volts; or (b) If branches or limbs being removed are closer to lines energized at more than 600 volts than the distances listed in Table 1, Table 4, and Table 5; or (c) If roping is necessary to remove branches or limbs from such conductors or apparatus. (3) Line clearance tree trimmers shall maintain the minimum approach distances from energized conductors given in Table 1, Table 4, and Table 5. (4) Branches that are contacting exposed energized conductors or equipment or that are within the distances specified in Table 1, Table 4, and Table 5 may be removed only through the use of insulating equipment. Note: A tool constructed of a material that the employer can demonstrate has insulating qualities meeting WAC 296 -45- 305(1) are considered as insulated under this section if the tool is clean and dry. (5) Ladders, platforms, and aerial devices may not be brought closer to an energized part than the distances listed in Table 1, Table 4, and Table 5. (6) Line clearance tree trimming work may not be performed when adverse weather conditions make the work hazardous in spite of the work practices required by this section. Each employee performing line clearance tree trimming work in the aftermath of a storm or under similar emergency conditions shall be trained in the special hazards related to this type of work. Note: Thunderstorms in the immediate vicinity, high winds, snow storms, and ice storms are examples of adverse weather conditions that are presumed to make line clearance tree trimming work too hazardous to perform safely. (7) A tree trimmer may climb out of a basket into a tree or from a tree back into the basket so long as he is properly tied into the tree during the entire maneuver and the employer can demonstrate that this is the safest way to perform the work. [Statutory Authonty RCW 49 17 040 99 -09 -080, 296-45 -455, filed 4/20/99, effective 8/1/99 Statutory Authority RCW 49 17 010, [49 17] 040, [49 17] 050 and [49 17] 060 98 -07 -009, 296 -45 -455, filed 3/6/98, effective 5/6/98 WAC 296 45 45505 No Washington State Register filings since 2003 Brush chippers. (1) Brush chippers shall be equipped with a locking device in the ignition system. (2) Access panels for maintenance and adjustment of the chipper blades and associated drive train shall be in place and secure during operation of the equipment. (3) Brush chippers not equipped with a mechanical infeed system shall be equipped with an infeed hopper of length sufficient to prevent employees from contacting the blades or knives of the machine during operation. (4) Trailer chippers detached from trucks shall be chocked or otherwise secured. (5) Each employee in the immediate area of an operating chipper feed table shall wear personal protective equipment as required by Subpart I of this Part. [Statutory Authority RCW 49 17 010, [49 17] 040, [49 17] 050 and [49 17] 060 98 -07 -009, 296 -45- 45505, filed 3/6/98, effective 5/6/98 WAC 296 45 45510 No Washington State Register filings since 2003 Sprayers and related equipment. (1) Walking and working surfaces of sprayers and related equipment shall be covered with slip- resistant material. If slipping hazards cannot be eliminated, slip- resistant footwear or handrails and stair rails meeting the requirements of chapter 296 -24 WAC, Part J -1, and WAC 296 800 -260 may be used instead of slip- resistant material. (2) Equipment on which employees stand to spray while the vehicle is in motion shall be equipped with guardrails around the working area. The guardrail shall be constructed m accordance with chapter 296 -24 WAC, Part J -1 and WAC 296 800 -260. [Statutory Authority RCW 49 17 010, [49 17] 040, and[49 17] 050 01 -11 -038, 296 -45- 45510, filed 5/9/01, effective 9/1/01 Statutory Authority RCW 49 17 010, [49 17] 040,[49 17] 050 and [49 17] 060 98 -07 -009, 296 -45- 45510, filed 3/6/98, effective 5/6/98] WAC 296 45 45515 r No Washington State Register filings since 2003 Stump cutters. (1) Stump cutters shall be equipped with enclosures or guards to protect employees. (2) Each employee in the immediate area of stump grinding operations (including the stump cutter operator) shall wear personal protective equipment as required by WAC 296 -45- 25505. [Statutory Authonty RCW 49 17 010, [49 17] 040, [49 17] 050 and [49 17] 060 98 -07 -009, 296 -45- 45515, filed 3/6/98, effective 5/6/98 WAC 296 45 45520 No Washington State Register filings since 2003 Backpack power units for use in pruning and clearing. (1) While a backpack power unit is running, no one other than the operator may be within 10 feet (305 cm) of the cutting head of a brush saw. (2) A backpack power unit shall be equipped with a quick shutoff switch readily accessible to the operator. (3) Backpack power unit engines shall be stopped for all cleaning, refueling, adjustments, and repairs to the saw or motor, except as the manufacturer's servicing procedures require otherwise. [Statutory Authority RCW 49 17 010, [49 17] 040, [49 17] 050 and [49 17] 060 98 -07 -009, 296 -45- 45520, filed 3/6/98, effective 5/6/98 WAC 296 45 45525 No Washington State Register filings since 2003 Rope. (1) Climbing ropes shall be used by employees working aloft in trees. These ropes shall have a minimum diameter of 0.5 inch (1.2 cm) with a minimum breaking strength of 2300 pounds (10.2 kN). Synthetic rope shall have elasticity of not more than 7 percent. (2) Rope shall be inspected before each use and, if unsafe (for example, because of damage or defect), may not be used. (3) Rope shall be stored away from cutting edges and sharp tools. Rope contact with corrosive chemicals, gas, and oil shall be avoided. (4) When stored, rope shall be coiled and piled, or shall be suspended, so that air can circulate through the coils. (5) Rope ends shall be secured to prevent their unraveling. (6) Climbing rope may not be spliced to effect repair. (7) A rope that is wet, that is contaminated to the extent that its insulating capacity is impaired, or that is otherwise not considered to be insulated for the voltage involved may not be used near exposed energized lines. [Statutory Authority RCW 49 17 010, [49 17] 040, [49 17] 050 and [49 17] 060 98 -07 -009, 296 -45- 45525, filed 3/6/98, effective 5/6/98 WAC 296 45 45530 No Washington State Register filings since 2003 Fall protection. Each employee shall be tied in with a climbing rope and safety saddle when the employee is working above the ground in a tree, unless he or she is ascending into the tree. [Statutory Authority RCW 49 17 010, [49 17] 040, [49 17] 050 and [49 17] 060 98 -07 -009, 296 -45- 45530, filed 3/6/98, effective 5/6/98 WAC 296 45465 No Washington State Register filings since 2003 Communication facilities. (1) Microwave transmission. The employer shall ensure that no employee looks into an open waveguide or antenna that is connected to an energized microwave source. (2) If the electromagnetic radiation level within an accessible area associated with microwave communications systems exceeds the radiation protection guide given in chapter 296 -62 WAC, Part J -1. The area shall be posted with the warning symbol described in chapter 296 -62 WAC, Part J -1. The lower half of the warning symbol shall include the following statements or ones that the employer can demonstrate are equivalent: Radiation m this area may exceed hazard limitations and special precautions are required. Obtain specific instruction before entering. (3) When an employee works in an area where the electromagnetic radiation could exceed the radiation protection guide, the employer shall institute measures that ensure that the employee's exposure is not greater than that permitted by that guide. Such measures may include administrative and engineering controls and personal protective equipment. (4) Power line carrier. Power line carrier work, including work on equipment used for coupling carrier current to power line conductors, shall be performed in accordance with the requirements of this section pertaining to work on energized lines. [Statutory Authority RCW 49 17 010, [49 17] 040, [49 17] 050 and [49 17] 060 98 -07 -009, 296 -45 -465, filed 3/6/98, effective 5/6/98 Table 1: AC Live Work Minimum Approach Distance Distance to employee Voltage in kilovolts Phase to ground Phase to Phase phase to phase* (m) (ft -in) (m) (ft -in) 0 to 0.050 not specified not specified 0.051 to 0.300 avoid contact avoid contact 0.301 to 0.750 0.31 1 -0 0.31 1 -0 0.751 to 15 0.65 2 -2 0.67 2 -3 15.1 to 36.0 0.77 2 -7 0.86 2 -10 36.1 to 46.0 0.84 2 -9 0.96 3 -2 46.1 to 72.5 1.00 3 -3 1.20 3 -11 72.6 to 121 0.95 3 -2 1.29 4 -3 138 to 145 1.09 3 -7 1.50 4 -11 161 to 169 1.22 4 -0 1.71 5 -8 230 to 242 1.59 5 -3 2.27 7 -6 345 to 362 2.59 8 -6 3.80 12 -6 500 to 550 3.42 11 -3 5.50 18 -1 765 to 800 4.53 14 -11 7.91 26 -0 *For single -phase systems, use the highest voltage available. For single -phase lines off three phase systems, use the phase -to -phase voltage of the system. *The 46.1 to 72.5 kV phase -to- ground 3 -3 distance contains a 1 -3 electrical component and a 2 -0 inadvertent movement component while the 72.6 to 121 kV phase -to- ground 3 -2 distance contains a 2 -2 electrical component and a 1 -0 inadvertent movement component. TABLE 5 Altitude Correction Factor Altitude (m) (ft) Correction factor 900 3000 1.00 1200 4000 1.02 1500 5000 1.05 1800 6000 1.08 2100 7000 1.11 2400 8000 1.14 2700 9000 1.17 3000 10,000 1.20 3600 12,000 1.25 4200 14,000 1.30 4800 16,000 1.35 5400 18,000 1.39 6000 20,000 1.44 Note: If the work is performed at elevations greater than 3000 ft (900 m) above mean sea level, the minimum approach distance shall be determined by multiplying the distances in Table 1 through Table 4 by the correction factor corresponding to the altitude at which work is performed.