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SWP272899(7)
T33 CERTIFICATION OF PAYMENT OF PREVAILING WAGES Date: November 6, 2001 Project: Maplewood Golf Course Re-grade CAG No. SWP-27-2899 This is to certify that the prevailing wages have been paid to our employees and our subcontractors' employees for the period From October 21 , 2001 through October 27, 2001 , in accordance with the Intents to Pay Prevailing Wage filed with the Washington State Department of Labor & Industries. This form will be executed and submitted prior to or with the last pay request. BASELINE Engineering, Inc. Company Name President 01-109 -Ti7 RECEIVEDl —� G� Department of Labor and Industries TarF STATEMENT OF INTENT Prevailing Wage r DEC 0 5 2001 (360) 902-5335 TO PAY PREVAILING WAGES Public Works Contract THIS FORM MUST BE TYPED OR PRINTED IN INK In=orrwlete forms cannot be processed and will be returned without approval. $255.00 Filing Fee Required Large,bold numbers match instructions on back of form. 2 project Nune Maplewood Contract k ftmam.a.nkiba.wro Golf Course e r - - 99 ,:;::;::....:.:... . �i F RM VVML.:BE Contract Awarding Agency Organization.i.......me, name,address,city,state&ZIP+4 CitV of Renton Addmu 1055 S- Grady Way City Transfer, Inc. City state ZIP+4 P.O. Box 1850 Renton WA 9805r) County where wort will be performed City when wort will be performed Sumner, WA 98390 Kin a Renton __ _....__. _. _.. _........ ......... .......... ............. .__....._ , Bid due date (�/dd/yy) Date contract awarded (mm/dd/yy) 11 Prime contractor Contractor Registration No. Do you inland to use subcontractars7 Do you intend to use apprantices7 CityTransfer In c * Ye No Yes No Indicate total dollar amount of your contract est 14 . 250 3 Craft/trade/occupation 4 Rate of 5 Rate of Hourly 6 Estimated Number Hourly Pay Fringe Benefits of Workers Surve Crew Chief Y.............. .... :><;;:>>;><> x ............-- --�0�.------....... ........_.._....2.....................€ ;;:«.: Instrument Person (] _ „ 2 . ,1.,�.. -----........9.0..----•---- ......:. ................::::.. Chain Person ,.: ...... .:: ;.>::: .................................••--------....................................................................................-----•----............ ,................. ------......--...... .: ............:::. . ::::::...: :::::::.:: -----•---•............................................................................................................................................. : ........................................ I hereby certify that the above information is correct and that all worters I 8 Company Oflii1e employ on this Public Worts Project will be paid no leas than the Prevailing BASELINE Wage Rate(s)as determined by the Industrial Statistician of the Department Address of Labor and Industries.I understand that contractors who violate Prevailing Wage Laws,i.e.,incorrect classification/scope of worst of workers,improper 1910-64th Avenue West payment of prevailing wages,etc.,an subject to fines and/or debarment and City State ZIP+4 will be required to pay any back wages due to workers. RCW 39.IZ050 7 NOTARY: Complete all 4 copies and notarize ZMA page with Tacoma., WA 9 R A A A— stamp or seal f Phone number Contractor Registration No. Subscribed and sworn to before me d is dA& s on ( _ A.-e-V, o7.0 D I It Title Notary Public in and for the State TA E OF WASHINGTON President Of Amwmt: Signature � Check Number. Issued By:Cg, ti [fat I3&I Use pnl � }i{�Z1► # t mt,�,y , . APPROVED. Department of Labor and Industries U.oatr ,24 By ea;++ias Ind trial Sr maxias 40V p o FtltaM000 5 atermm of mtem to pay 5-98 Dismbuuion of Approved Copies:White-Awarding Agency Canary-L&I Pink-Prime Contractor Goldenrod-Subomtrador INSTRUCTIONS TO COMPLETE THE STATEMENT OF INTENT TO fAr-PREVAILING WAGES Inxomplete forms cannot be processed and will be returned without approval. Appiovai of this intent will b based on the information provided by the contz*--tor/subcontractor. It does not signify approval of the e classifica6uns of kdber uscd by the contractor/subcontractor. After the Indiat6ai Statistician has approved the Statement of Intent to Pay Prevailing Wages, tht depat,tinent will return 3 copies to the organization it on the form. Please call (360) 902-5335 if you have questions. This form must by TYPED OR PRINTED IN INK,completed in its entirety, and Jai 4 copies submitted with the processing fee of$25.00 to: Note: Please fold in thirds using marks along the left edge MANAGEMENT SERVICES so the address will show in a DEPARTMENT OF LABOR AND INDUSTRIES window envelope. PO BOX 44835 OLYMPIA WA 98504-4835 NOTE: Please do not submit this form to our office It the"Awarding Agency"is a federal entity. An approved copy of the Intent form for each employer must be posted at the Job site for contracts In excess of$10,000. Contractors are responsible for ensuring that subcontractors obtain and file Statements of Intent to Pay Prevailing Wages. This is required by law;payment cannot lawfully be made until such Intents are filed. Complete the form as follows: NOTE: Numbers on Instructions match large hold numbers on front of form. I. 'The company name and address to which your forms should be mailed. 2. Project Name-The name of the project Contract Number-This is the number of the contract between the awarding agency and the prime contractor Contract Awarding Agency-This is the,name(.4 the pubik;agency that awarded q-ie cy)ntract to t[,e pnrze contractor. Address,City,State,ZIP+4-This Is the address of the contract awarding agency. County where work was performed-This is the county in which the arftlaf work will be perfon" City where work wgst oarfemm*d-This Is the city in which the work will be performed. If the work,will be performed outside the limits of any city,write Wa-in this spats Bid Due Date-This is the data that the bids from prime contractors were due for submission to the oontri-lict awarding agency.(month/daylyoar) Date Contract Awarded-This is the date the contract was awarded to the prime contractor by the awarding:sue ncy, (month/day/year) Prime Contractor-This is the company that signed the contract with the contract awarding agency. Do you Intend to use subcontractors?-Indicate'Yes'or"No*. Do you Intend to use apprentices?-Indicate'Yes*or if"Yes',please see Note at the bottom of this page. NOTE: Wages are tied to the"Bid Due Date";if the"Date Contract Awarded"is six months or more after the bid due date,wages will be based on that award date, 3. List each craft/trade/occupation of workers to be employed on this project. Do not fist group number or lass codes. If this is residential,landscape, shipbuilding,or underground sewer and water construction,please state so an the form,otherwise commercial rates apply. if operating engineers and/or truck drivers will be used,describe the type,and fist the size or rated capacity of the equipment. If the work will be performed by owners1partrians,state'Owner/operator"under the'Crate section,and sections 4 and 5 need not be completed. (Individuals who own less than 30%of the company are not considered to be owners/operators,and must be paid prevailing wage.) It all work will be performed by subc;ontractors,stale'all work subcontracted'under*Craft'section,and sections 4,5,and 6 need not be completed. 4. Enter the rate of hourly pay for each craftNado/oocupation classification, 'This is the wage you will actually pay tithe workers. 5. Enter tine rate of hourly fringe benefits. This is the cost of fringe benefits,as defined by ROW 39.12.0-10,that you will actually pay to the workers. The amount listed for*Rate of Hourly Pay'plus the amount listed for*Rate of Hourly Fringe Bc4ieflts*,it any,mustaqual or exceed the prevailing rate of wage. 6. Enter the esfimalpd number of workwa for each crattttr@dle/occupafion. 7. *Notary*-Ensure this area is completely Ned out and each copy notarized with dielir seal or stamp. 8. Indicate your company's name,address,ph"number and the signature of an authorized representative, Contractor registration number begins with first letters of company name. Forms without signatures wilt be returned. Industrial Statistician NOTE: Do not list apprentices or apprentice wages on this Statement of Int6.. If you intend to use Prevailing Wage apprentices on this project, they mast be listed-on the Affidavit of Wages Paid (F700-007-000), and po Box 44540 registered with the Washington State Apprenticeship and Training Council within 60 days of Wring. Any Olympia WA 985044540 workers not registered as such must be paid prevailing journeyman wages. To verify apprenticeship (360)902-5335 registration and status,call(360)902-5324. S1AF'-O- --1002 04 :?1 F rl NOF'THWE'-:TH'=:HALT I HC 425 254 1:=:21 P. 02 Statement of Intent to Pay Prevailing Wages Page I of I Prevailing Wage Section Department of Labor& Statement of Intent to Pay Industries Prevailing Wage PO Box 44540 Olympia,WA 98504-4540 (360)902-5335 Received: Intent/d: Status: 11116/2001 4480 Approved on 11/16/2001 COMPANY Company NORTHWEST ASPHALT INC Information: NORTHAI066MF 601 556 048 PO BOX 1647 RENTON, WA 980571647 Payment Type: Electronic Company Electronic Signature: PROJECT Public Agency: RENTON, CITY OF 1055 S GRADY WAY RENTON, WA 98055 County: KING Multiple Counties? No City: RENTON Project Name: MAPLEWOOD GOLF COURSE REGRADE Contract Number: SWP-27-2899 Bid Due Date: 09/11/2001 Award bate: 09/17/2001 Prime Contractor: CITY TRANSFER INC All Work No Subcontracted? Subcontractors? No Apprentices? No $Amount: $5,475.00 Time and Materials No Filed by: STRATTON, MARJORIE M WAGES Number of Owners 2 Journey Level TradeslOiggy ations County Trade Occupation Wage Fringe # Workers KING LABORERS ASPHALT RAKER $30.15 $0.00 2 KING LABORERS GENERAL LABORER $29.67 $0.00 2 POWER EQUIPMENT BACKHOE, EXCAVATOR, KING OPERATORS SHOVEL (3 YD & UNDER) $36.05 $0.00 1 KING POWER EQUIPMENT ROLLERS, PLANTMIX OR $35.69 $0.00 1 OPERATORS MULTILIFT MATERIALS KING POWER EQUIPMENT SCREED MAN $36.05 $0.00 2 OPERATORS POWER EQUIPMENT SPREADER, TOPSIDE KING OPERATORS OPERATOR-BLAW KNOX $36.05 $0.00 3 KING TRUCK DRIVERS ASPHALT MIX (TO 16 $33.48 $0.00 2 YARDS) .MiaR-0:=-2C-i'=i2 04 _2 F'M 1-1ORTHWE-^_.TA'=:Hi=iLTIHC 4-.5 2!5 4 1:=:-1 P_ Ei INC. Asphalt Paving&Patchwork• Driveways•Sealcoating• Striping•Extruded Concrete Curbing P.O.Box 1647,Renton WA 98057-1647• PH:425.254.1820•EX:425-254-1821 TO: General Contractors/Public Works Agencies FROM, Mar j i e Stratton We are very excited to report that we now f i le our Statement of Intent/Af f idavit of Wages Paid forms electronically at the Dept. of Labor & Industries. You can view our approved forms at the following address www.Ini.wa.Qov/prevailingwaQe/PWIA/viewforms.htm Please let us know if you have any questions or concerns about this new procedure. Thank you. MA`:'-10-2002(FRI) 08:42 NORTHIPIEST ASPHALT INC. (FAX)4252541821 P. 002/002 7 3Z .... .. .... .. .. . EMU Prevailing Wage Section + Department of Labor& 4 Affidavit of Wages Paid Industries PO Box 4454o Otympla, WA 98504-4540 Received. Affidavit Id: Status 05/02/2002 4225 Approved on 05/02/2002 COMPANY Company NORTHWEST ASPHALT INC Information: NORTHAI066MF 501 556 048 PO BOX 1647 RENTON, WA 980571647 Payment Type: Electronic Company Electronic PROJECT #t J2 3 5Z Public Agency: RENTON, CITY OF County: KING Multiple Counties? No City- RENTON Profect Name: MAPLEWOOD GOLF COURSE REGRADE Contract Number: SWP-27-2899 Date Intent Filed: 11/16/2001 Bid Due Date: 09/11/2001 Award Date: 09/17/2001 Date Work 0 Completed: 2/25/2002 Prime Contractor: CITY TRANSFER INC All Work Sub- contracted? No $Amount: $5,475.00 Piled by: Marjorie M Stratton WA GFS Number of 0 Owners: Joumey Level TradeSlOccupations County Trade Occupation Wage Fringe Wo Flo KING LABORERS ASPHALT RAKER $3015 $000 2 KING LABORERS GENERAL LABORER 9 .$29.67 $0.00 5 1 KING POWER EQUIPMENT ROLLERS, PLANTMIX OR OPERATORS MULTILIFT MATERIALS $35,691 $0.00 1 5 EKKING NG POWER EQUIPMENT"OPERATORS SCREED MAN $36.05 $0.00 2 11 TRUCK DRIVERS IASPHAWT MIX TO 16 YARDS) $33.48 $0,00 3 23 .Apprentice Trades/Occupations O�tRACTOP C., s City Transfer, Inc • P.O. Box 1850 E�3 Sumner,WA 98390 a y (206) 850-1775 Fax(206) 850-1797 G) ' crrr �, 1-800-858-2436 TRANSFER INC �Cgv TE S eQ LETTER OF TRANSMITTAL To: City of Renton Date: 11/26/01 1 Job #: SWP-27-2899 Planning/Building/Public Works Dept. Attention: Gary Schimek 1055 South Grady Way Re: Maplewood Golf Course Re-grade Renton, WA 98055 Transmittal #: 16 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: > ' ❑`Shop Drawings ❑ Prints ❑ Plans Samples ❑ amp ❑ Specification ❑ Copy of Letter ❑ Change Order COPIES DATE NO. DESCRIPTION 1 CTI Certified Payroll#4.5—Week-Ending 11/10/01 1 Approved copy of the Intent to Pay Prevailing Wage THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for approval ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review&comment ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: CTI Job#01-19 Copies to: Signed: Audra Mettler Contract Administrator RACTo9 s City Transfer, Inc • P.O. Box 1850 Ig Sumner,WA 98390 D N (206) 850-1775 Fax(206) 850-1797 cffy 'u 1-800-858-2436 TRANSFER INC. Qv �cgTe S Q LETTER OF TRANSMITTAL To: City of Renton Date: 7/1/02 1 Job #: SWP-27-2899 Planning/Building/Public Works Dept. Attention: Gary Schimek 1055 South Grady Way Re: Maplewood Golf Course Re-grade Renton, WA 98055 Transmittal #: 35 t�e 14 Lam, WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specification JUL ❑ Copy of Letter ❑ Change Order CITY �!�ITY S SNcMS COPIES DATE NO. DESCRIPTION 1 CTI Intent to Pay Prevailing Wage Carbon Co 1 CTI Certification of Payment of Prevailing Wages THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for approval ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review&comment ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: I I show the original Intent to Pay Prevailing was sent 11/26/02, transmittal #16. 1 will send Northwest As halt's Certification of Payment form as soon as I receive it. Thank you Audra Copies to: Signed: Audra Mettler O�.(RAC1. G ,r City Transfer, Inc • P.O. Box 1850 e� Sumner,WA 98390 n w (206) 850-1775 Fax(206) 850-1797 G1 cc C/rr 1-800-858-2436 TRANSFER INC. Qv �CgrE SVQ LETTER OF TRANSM/TTAL To: City of Renton Date: 7/5/02 1 Job #: SWP-27-2899 Planning/Building/Public Works Dept. Attention: Gary Schimek 1055 South Grady Way Re: Maplewood Golf Course Re-grade Renton, WA 98055 Transmittal #: 36 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specification ❑ Copy of Letter ❑ Change Order COPIES DATE NO. DESCRIPTION 1 Northwest Asphalt Certification of Payment of Prevailing Wages CITY OF RENTON THESE ARE TRANSMITTED as checked below: UTILITY SYSTEMS ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for approval ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review&comment ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: Copies to: Signed: Audra Mettler JUL-03-2002(WED) 13: 12 NORTHWEST ASPHALT INC. (FAX)4252541821 P. 002/02 . 4 43B 7241 P.03iO3 I e C-HR ICATTAN OF PAYM>g14T OP PRkYAlLJNG waGa � ;Prajocr t CAG No. t This i$ trj cc"'(y that the reV411. aubcon p 0 Bas Lave been paid to our employees �loyees fOr ttie period d our f�tn 2/ accorc�anr,� Hugh 3 2/ f with th"Intents to Pay Prevaitlm Wag¢ flw with dir, Washin tabor & ies. T7tla forty �+itl hG ,cP �.. ..... ,,.,_.,� in -vct.3tt d � subtuiit prior to Or watt dw wept of requ��, P NY ompany Name � T`itte: ` Department of Labor and Industries STaTF AFFIDAVIT OF WAGES PAID Prevailing Wage o (360)902-5335 m�y�leaf aoy�a Public Works Contract www.ini.wa.gov/prevaling wage $25.00 Filing Fee Required •This form must be typed or printed in ink. Project Name Contract# •Fill in all blanks or form will be returned for correction(see back). Maplewood Golf Course Regrade •Please allow a minimum of 10 working days for processing. Contract Awarding Agency(public agency-not federal or private) ity_of Renton W,;t lla ll llr l l�.X=TO Address — -- Contractor,company or agency name,address city,state&ZIP+4 1055 South Grady Way City State ZIP+4 City Trnasfer, Inc. Renton WA 98055 P.O. BOX 1850 RECEIVED Awarding Agency Project Contact Person Phone# City of Renton Sumner, WA 98390 ( ) JUN `_ 2UU2 County where work was performed City where work was performed �f King Renton Bid due date (m/d/y) Date contract awarded (m/d/y) _ 9 11 01 -\ 9/17 / 01 Prime contractor(has contract with the public agency) Contractor Registration No. Date work completed (m/d/y) Date tent filed (m/d/y) City Transfer Inc. CITYTK*32406 3 07 02 11 / 6 / 01 Craft/trade/occupation and apprentices(For apprentices,give name, I Number Total#hrs Rate of Rate of hourly registration#,trade,dates of work on project and stage of progression) of Workers worked-ea trade Hourly Pay fringe benefits Survey-.---C.rew---Ch.i.e.f--..--_-- __--- _ 0 - 90 Instrument Person 1 �13 11 . 40 . 90 Chain Person 1 6 9.35 . 90 --------------- i j Company name,address,city,state,ZIP+4 Indicate total dollar amount Baseline Engineering,__Inc .. ..__...... of your contract $ 3, 110. 40 I hereby certify that the above information is correct and that all 1910 64th Avenue West workers I employed on this Public Works Project were paid no less than the Prevailing Wage Rate(s) as determined by the Tacoma, WA 9 8 4 6 6—6 2 0 3 Industrial Statistician of the Department of Labor and Industries. Contractor Registration No. UBI Title N/A 601 -404-286 President �L Email address Phone number I:nrlE dtillr Check Number:_ Amount: CERTIFIED: Department of Labor and Industries Issued By: PAYMENT RECEIVED J I M CHR I STOMJ11121'2 JUN 1 3 2002 By Industrial Statistician ..... .... .. .. ... 4 .. .... :.: F700-007-000 affidavit of wages 2-02 SUN 11 4"JAPPROVAL. send white copy to AwardingAggiacy. Canary copy-L&I How to expedite the processing of your form: REQUIRED FOR PROCESSING ERRORS THAT CAUSE REJECTION Filing Fee No fee or wrong amount. $25.00 filing fee required. Bid Due Date and Date Contract Awarded Missing. Award date is before bid due date. Prevailing Wage is based on the date bids from prime contractor were due to the contract awarding agency. Date work completed Missing or a date in the future. Date Intent Filed Missing-An affidavit cannot be approved without the Statement of Intent to Pay Prevailing Wages being filed. Craft/trade/occupation Craft not listed,jot-specific, or does not match prevailing wage occupation listings. Owner/Operators: If the work was performed by owners/partners, state "Owner/Operator" under the"Craft"section,and the wage and fringe need not be completed. Do list the number of owners on the job. (Individuals who own less than 30%of the company are not considered to be owner/operators and must be paid prevailing wage.) All work subcontracted: If all work was performed by subcontractors, state"All work subcontracted" under the"Craft"section. Number of workers each trade Missing Total number of hours worked each trade Missing Rate of Hourly Pay Missing or incorrect wages. Enter the rate of hourly pay and rate of qualified hourly fringe benefits, as defined by RCW 39.12.010,that you actually provided to the workers. The amount listed for"Rate of Hourly Pay" plus the amount listed for the"Rate of Hourly Fringe Benefits", if any, must equal or exceed the Prevailing Wage rate. Apprentices* Missing information or apprentice not registered*. List each apprentice by name, registration number,trade, stage of progression, beginning and ending dates of work performed on the project(m/d/y to m/d/y), and rate of hourly pay and fringe benefits. Total Dollar Amount of Your Contract Missing—Enter exact amount not"time and materials"). Contractor Registration No. or UBI Missing or not registered. Companies not required to obtain a contractor's registration number need only indicate UBI (i.e.,janitorial, surveying,truck driving). Signature Missing—Affidavit must be signed by an authorized representative. * Any apprentice not registered with the Washington State Apprenticeship and Training Council within 60 days of hire must be paid ereyailingiourney level wages for the time preceding_the date of registration. Call (360) 902-5323 to verify registration. NOTE: Electrical and Plumber trainees registered with the Department of Labor and Industries MUST ALSO register with the Washington Apprenticeship and Training Council to qualify for apprentice rates. If there is not enough space to list all required information on one form, use additional Affidavit forms as needed. Please indicate at the top of each form "Page 1 of 2","Page 2 of 2", etc. No additional fee is required. No other attachments will be accepted. Approval of this Affidavit will be based on the information provided by the contractor/subcontractor. It does not signify approval of the classifications of labor used by the contractor/subcontractor. L&I will mail the approved white copy of this Affidavit to the organization provided on the front of this form. Prevailing wage rates are available on the Internet at www.Lni.wa.gov/prevailingwage Submit both copies (white and yellow) and the $25.00 filing fee to: MANAGEMENT SERVICES Please fold in thirds so the address DEPT. OF LABOR AND INDUSTRIES will show in a window envelope PO BOX 44836 OLYMPIA,WASHINGTON 98504-4835 For questions call (360)902-5335 0 1VtAC�09 City Transfer, Inc ECEIVE'D • P.O. Box 1850 n� Sumner,WA 98390 JV�� 1 7 D w (206) 850-1775 Fax (206) 850-1797 2002 CITY 1-800-858-2436 CITY TRANSFER INC. Z17(� p ig", q TE sv LETTER OF TRANSM/TTAL To: City of Renton Date: 6/25/02 Job #: SWP-27-2899 Plan nin /Buildin /Public Works Dept. Attention: Gary Schimek 1055 South Grady Way Re: Maplewood Golf Course Re-grade Renton, WA 98055 Transmittal #: 34 WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items: Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specification ❑ Copy of Letter ❑ Change Order COPIES DATE NO. DESCRIPTION 1 Affidavit of Wages Paid - Baseline THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for approval ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review&comment ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: I I believe this is the last item needed. If there is anything else please let me know. Thank you, Audra Copies to: Signed: Audra Mettler r - CITY OF RENTON MEMORANDUM DATE: December 19,2002 TO: Tracy Schuld FROM: Gary Schimek, Surface Water Utility, Project Manager oe SUBJECT: Final Pay Estimate—Maplewood Creek Sedimentation Basin 2002 Maintenance Project The following documents are attached for processing the final pay estimate for this project: 4 copies Notice of Completion of Public Works Contract 1 copy Agenda Bill 1 original& 5 copies Final Pay Estimate 1 copy Original Affidavit of Wages Paid The following documents have not yet been submitted to the City by the Contractor but will be forwarded to you upon my receipt: • Statement of Intent to Pay Prevailing Wages • Certification of Payment of Prevailing Wages If you have any questions,please call me at x-7205. HAFile Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood Sediment Basin\03-2002 Pond Cleaning\1600-Construction\1660 Pay Estimates\Memo-Final Pay Estimate.doc\GMS\tb SrATg oA State of Washington Reg.No.: o Department of Revenue r Audit Procedures&Administration Date: x �2 PO Box 47474 rya 1889 goy Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: w City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton,WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Maplewood Creek Sedimentation Pond 2002 Maintenance Contractor's Name Scarsella Bros,Inc. Telephone No.(253)872-7173 Contractor's Address P.O.Box 68388 Seattle,Washington 98168-0388 Date Work Commenced Date Work Completed Date Work Accepted September 9,2002 November 1,2002 December 2,2002 Surety or Bonding Co. Safeco Insurance Company of America Agent's Address Safeco Insurance Company of America Safeco Plaza Seattle,WA 98185 Contract Amount: $21,900.00 Amount Disbursed: $24,861.50 Additions or Reductions: $4,270.00 Amount Retained: $1,308.50 Sales Tax: $2,302.96 Total: $28,472.96 Total $28,472.96 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. DC:CTY31 0020 11/99 bh CITY OF RENTON COUNCIL AGENDA BILL Al#: Submitting Data: Planning/Building/Public Works For Agenda of: December 16, 2002 Dept/Div/Board.. Utility Systems Division-Surface Water Utility Staff Contact...... Ron Straka (x-7248) Agenda Status Gary Schimek(x-7205) Consent.............. X Subject: Public Hearing.. Final Pay Estimate (Scarsella Bros. - CAG-02-159) Correspondence.. Maplewood Creek Sedimentation Basin 2002 Ordinance............. Maintenance Project Resolution............ Old Business........ Exhibits: New Business....... Pay Estimate #3 - Final Study Sessions...... Notice of Completion Information......... Recommended Action: Approvals: Council concurrence with project acceptance and Legal Dept......... approval of final pay estimate Finance Dept...... Other............... Fiscal Impact: Expenditure Required... $1,952.96 Transfer/Amendment....... Amount Budgeted....... $1,952.96 Revenue Generated......... Total Project Budget $116,289 City Share Total Project.. SUMMARY OF ACTION: The Surface Water Utility conducted a telephone phone bid (per City Policy 250-02, Section 6.3) during June 2002 for the Maplewood Sedimentation Basin 2002 Maintenance Project. The bid was awarded to Scarsella Bros., Inc. Construction was recently completed on November 1, 2002. Project funding was provided through the Cedar River Basin Plan Capital Improvement Program Account (421.000600. 018.0038.65.065220). The approved 2002 appropriation for the account was $116,289 for this and other projects (Maplewood Golf Course Re-Grade Project and Cedar River Floodplain Mapping Project). There is sufficient funding remaining in the account ($21,886) to fund the final pay estimate for the Maplewood Sedimentation Basin 2002 Maintenance project. The awarded and final construction contract amounts are $23,287.20 and $28,472.96, respectively. The increase of $4,645.76 is due to minor changes in the bid quantities. STAFF RECOMMENDATION: The Surface Water Utility recommends that Council accept the Maplewood Creek Sedimentation Basin 2002 Maintenance Project and approve the final pay estimate of$1,952.96 to Scarsella Bros., Inc. Staff further recommends that the retainage of$1,308.50 be released after sixty (60) days, subject to the receipt of all required authorization to release retainage from the State. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood Sediment Basin\03-2002 Pond Cleaning\1600- Construction\1660 Pay Estimates\Agenda Bil-Final Pay Estimate.doc\GMS\tb December 16,2002 Renton City Council Minutes Page 480 located to the north of the apartments,and from Service Linen Supply located to the south of the apartments,has been reduced. In regards to the noise produced by I405, he asked for the City's help in encouraging the State to construct a sound barrier if I405 is expanded. Councilman Corman stated that he would relay Mr. Johnson's noise concerns to the I405 Executive Committee,of which he is a member. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilwoman Keolker-Wheeler, item 6.a. was removed for separate consideration. AJLS: Matricula Consular as Administrative,Judicial and Legal Services Department recommended adoption Legal Identification for of a resolution recognizing the Matricula Consular as legal identification for Mexican Citizens living in US Mexican citizens living in the United States. Refer to Community Services Committee. CAG: 02-166, Maplewood Community Services Department submitted CAG-02-166,Maplewood Golf Golf Course Cart Path Paving, Course Cart Path Paving; and requested approval of the project,authorization Northwest Asphalt for final pay estimate in the amount of$44,297.86,commencement of 60-day lien period,and release of retained amount of$1,960.87 to Northwest Asphalt, Inc.,contractor,if all required releases are obtained. Council concur. Plat: Liberty Ridge Phase 4, Development Services Division recommended approval,with conditions,of the Harrington Ave SE(FP-02- Liberty Ridge Phase 4 Final Plat; 33 single-family lots on 9.1 acres located at 126) Harrington Ave. SE, south of NE 3rd and 4th Streets,and east of Edmonds Ave. NE(FP-02-126). Council concur. (See page 482 for resolution.) Development Services: Sams Development Services Division recommended acceptance of the dedication of Club, Dedication of Roadway roadway encroachment(Benson Rd. S.)onto private property located at 801 S. Encroachment,Benson Rd S & Grady Way, prior to the transfer of the property from present owner Puget S Grady Way Western, Inc. to the purchaser, Sams Club. Council concur. Planning: Downtown Core Economic Development,Neighborhoods and Strategic Planning Department Off-Street Parking recommended approval to modify the Downtown Core off-street parking Requirements requirements for new residential uses,and for both new and expanded commercial uses. Refer to Planning&Development Committee. Human Services: 2003 General Human Services Division recommended approval to adopt a revised 2003 Fund Contingency Plan General Fund Contingency Plan for Human Services, as recommended by the Revision Human Services Advisory Committee,due to an additional$30,700 in funding. Refer to Community Services Committee. CAG: 02-159, Maplewood Surface Water Utility Division submitted CAG-02-159,Maplewood Creek Creek Sedimentation Basin Sedimentation Basin 2002 Maintenance; and requested approval of the project, 2002 Maintenance, Scarsella authorization for final pay estimate in the amount of$1,952.96,commencement Brothers of 60-day lien period,and release of retained amount of$1,308.50 to Scarsella Brothers,Inc.,contractor, if all required releases are obtained. Council concur. Transportation: Eastside Transportation Systems Division recommended approval of the Eastside Transportation Partnership Transportation Partnership agreement to continue planning and project Interlocal Agreement coordination efforts of Renton with other Eastside jurisdictions and related regional agencies. Annual dues are$500. Council concur. (See page 482 for resolution.) MOVED BY NELSON, SECONDED BY CORMAN,COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 6.a.FOR SEPARATE CONSIDERATION. CARRIED. FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: Scarsella Bros., Inc CONTRACT NO. CAG 02-159 ESTIMATE NO. 3(Final) PROJECT: Maplewood Creek Sedimenation Basin 1. CONTRACTOR EARNINGS THIS ESTIMATE $1,795.00 2. SALES TAX @ 8.80% $157.96 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $1,952.96 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $23,156.25 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $1,705.25 6. SUBTOTAL-CONTRACTOR PAYMENTS $24,861.50 7. RETAINAGE ON PREVIOUS EARNINGS $1,218.75 8. ;* RETAINAGE ON EARNINGS THIS ESTIMATE $89.75 9. SUBTOTAL-RETAINAGE $1,308.50 10. SALES TAX PREVIOUSLY PAID $2,145.00 11. SALES TAX DUE THIS ESTIMATE $157.96 12. SUBTOTAL-SALES TAX $2,302.96 " (95%x LINE 1) (RETAINAGE 5%) GRAND TOTAL: $28,472.96 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT # 421.000600.018.5960.0038.65.065220/65220/5354 $1,863.21 # 3 (Final) RETAINED AMOUNT(Line 8): $1,863.21 ACCOUNT # 421.000600.018.5960.0038.65.065220/65220/5354 $89.75 # 3(Final) $89.75 TOTAL THIS ESTIMATE: $1,952.96 CHARTER 116, LAWS OF 1965 /),I 3IOg CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF �y�} ZI 3/D 2- PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: Printed On: 12/3/02 City of Renton Public Works Department Page 1 Printed On. 12/3/02 City of Renton Public Works Department Page 1 Project: Maplewood Creek Sedsnenation Basin Contrad Number CAG 02-159 Contractor Scarselha Bros.,Inc Pay Estimate 1 Ck*kV Date: Item Description Unit Est Unit Previous Previous This This Total Total No- Quanbly Price Quantity Amount Quantity Amount Quantity Amount 001. MON&EItiOn Lump Sum 1 $Z100.00 0.95 $1,995.00 0.05 $105.00 1.00 $2,100,00 COnstW Bypass Stnxtures,Divert Creek,Rescue Fisk 002 and Drain Sedxnerd Basin Lump Sum 1 $5,500.00 1.00 $5,500.00 0.00 $0.00 1.00 $5,500.00 003. RemoveSedment Cubic Yard 750 $14.00 930.00 $13,020.00 0.00 $0.00 930.00 $13,020.00 004. Haul and Stockpile Material on Goll Course Chic Yard 700 $2.00 930.00 $1,860.00 0.00 $0.00 930.00 $1,860.00 `' LLnpSim 50 006. Refill Basin and Remove Bypass Structures Lump Sun 1 $2,000.00 1.00 $2,000.00 0.00 $0.00 1.00 $2,000.00 007. Hydroseed Square Feet 1000 50.40 0.00 SD.DD 4225.00 $1,69D.00 4225.00 $1 690.00 Subtotal $24,375.00 $1,795.00 $26,170.00 8.8%Sales Tax $2,145.00 $157.96 $2,302.96 TT Total $26,520.00 $1,952.96 $28,472.96 CITY OF RENTON MEMORANDUM DATE: July 1, 2002 TO: Tracy Schuld FROM: Gary Schimek, Surface Water Utility, Project Manager oe SUBJECT: Final Pay Estimate(CAG-01-151)- Maplewood Golf Course Regrade Project The following documents are attached for processing the final pay estimate for this project: 4 copies Notice of Completion of Public Works Contract 1 copy Agenda Bill 6 copies Final Pay Estimate 1 copy Original Affidavit of Wages Paid 1 copy Statement of Intent to Pay Prevailing Wages 1 copy Certification of Payment of Prevailing Wages If you have any questions, please call me at x-7205. HAFILE.SYS\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2899 Maplewood Flood Control Facility\1000 Correspondance\1010 General\1013 Documents 2002\Memof-Final Pay Estimate.doc\gms STATgo� State of Washington Reg.No.: o� Department of Revenue x Audit Procedures&Administration Date: PO Box 47474 ��'t 1889�DY Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: � �RTN,LENT USL EI YL�.` City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton, WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Maplewood Golf Course Regrade Project Contractor's Name City Transfer, Inc. Telephone No. (253)850-1775 Contractor's Address 2720 East Valley Highway East Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted October 22,2001 March 6,2002 June 12,2002 Surety or Bonding Co. USI Northwest Agent's Address USI Northwest 20415 - 72nd Avenue South Kent, WA 98032 Contact: Holly Ulfers Contract Amount: $1 18,132.56 Amount Disbursed: $132,712.49 Additions or Reductions: $ 9,721.48 Amount Retained: $ 6,392.70 Sales Tax: $ 11,251,15 Total: $139,105.19 Total $139,105.19 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. DC:CTY31 0020 11/99 bh STATB0 State of Washington Reg.No.: 04 4 Department of Revenue Audit Procedures&Administration Date: a y" PO Box 47474 y't 1889�� Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: City of Renton Assigned To e, Tracy Schuld 1055 South Grady Way Date Assigned Renton, WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Maplewood Golf Course Regrade Project Contractor's Name City Transfer, Inc. Telephone No. (253)850-1775 Contractor's Address 2720 East Valley Highway East Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted October 22,2001 March 6,2002 June 12,2002 Surety or Bonding Co. USI Northwest Agent's Address US]Northwest 20415 - 72nd Avenue South Kent, WA 98032 Contact: Holly Ulfers Contract Amount: $118,132.56 Amount Disbursed: $132,712.49 Additions or Reductions: $ 9,721.48 Amount Retained: $ 6,392.70 Sales Tax: $ 11,251.15 Total: $139,105.19 Total $139,105.19 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. DC:CTY31 0020 1 1/99 bh STATg o� State of Washington Reg.No.: oa Department of Revenue s Audit Procedures&Administration Date: PO Box 47474 �'t 1889 d� Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: „ B NA `1'iXkTlyiENT'USE'ONLY G City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton, WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Maplewood Golf Course Regrade Project Contractor's Name City Transfer, Inc. Telephone No.(253)850-1775 Contractor's Address 2720 East Valley Highway East Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted October 22,2001 March 6,2002 June 12,2002 Surety or Bonding Co. USI Northwest Agent's Address US]Northwest 20415 - 72nd Avenue South Kent,WA 98032 Contact: Holly Ulfers Contract Amount: $1 18,132.56 Amount Disbursed: $132,712.49 Additions or Reductions: $ 9,721.48 Amount Retained: $ 6,392.70 Sales Tax: $ 11,251.15 Total: $l 39,105.19 Total $139,105.19 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. DC:CTY31 0020 11/99 bh STATg0� State of Washington Reg.No.: 04 Department of Revenue Audit Procedures&Administration Date: y� PO Box 47474 ��1889 ac Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: =� iRT1VLENT IJSE'`ENI:I' City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton, WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Maplewood Golf Course Regrade Project Contractor's Name City Transfer,Inc. Telephone No. (253)850-1775 Contractor's Address 2720 East Valley Highway East Sumner, WA 98390 Date Work Commenced Date Work Completed Date Work Accepted October 22,2001 March 6,2002 June 12,2002 Surety or Bonding Co. USI Northwest Agent's Address US]Northwest 20415 -72nd Avenue South Kent, WA 98032 Contact: Holly Ulfers Contract Amount: $1 18,132.56 Amount Disbursed: $132,712.49 Additions or Reductions: $ 9,721.48 Amount Retained: $ 6,392.70 Sales Tax: $ 11,251.15 Total: $139,105.19 Total $139,105.19 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENT'S SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. DC:CTY31 0020 11/99 bb CITY OF RENTON COUNCIL AGENDA BILL AI N: Submitting Data: Planning/Building/Public Works For Agenda of: June 24, 2002 Dept/Div/Board.. Utility Systems Division - Surface Water Utility Staff Contact...... Ron Straka (x-7248) Agenda Status Gary Schimek (x-7205) Consent.............. X Subject: Public Hearing.. Final Pay Estimate (City Transfer - CAG-01-151) Correspondence.. Maplewood Golf Course Regrade Project Ordinance.............Resolution............ Old Business........ Exhibits: New Business....... Pay Estimate #i5 - Final Study Sessions...... Notice of Completion Information......... Recommended Action: Approvals: Council concurrence with project acceptance and approval of final Legal Dept......... Finance Dept...... pay estimate Other............... Fiscal Impact: None Expenditure Required... $5,447.94 Transfer/Amendment....... Amount Budgeted.......... $5,447.94 Revenue Generated......... Total Project Budget $225,000 (2001/2002) City Share Total Project.. SUMMARY OF ACTION: City Transfer, Inc. has completed construction of the Maplewood Golf Course Regrade Project. The total project budget (for 2001-02) is $225,000. This budget amount is the sum of joint contributions from Surface Water Utility ($190,000) and Parks ($35,000). The awarded and final construction contract amounts are $132,518.40 and $139,105.19, respectively. The increase of $6,586.79 is due to the following: • Change order (number one) for the import and placement of quarry spalls to build path for wet weather construction; • Change order (number two) for fifty-percent of premium time charge for overtime on work completed on Saturday, November 10, 2001; • Change order (number three) for the use of concrete mix to strengthen golf cart path construction during wet weather; and • Changes to bid item quantities. The funding of this project was provided through two accounts. First, the Surface Water Utility's Cedar River Basin Plan CIP account (421.000600.018.5960.0038.65.065220.65225. 5624). Second, the Park Department's Maplewood Golf Course System Fund account (404.000000.020.5760.0061.60.000001). Please note that funding for the final pay estimate is provided solely by the Surface Water Utility. STAFF RECOMMENDATION: The Surface Water Utility recommends that Council accept the Maplewood Golf Course Regrade Project and approve the final pay estimate of$5,447.94 to City Transfer, Inc. Staff further recommends that the retainage of $6,932.70 be released after sixty (60) days, subject to the receipt of all required authorization to release retainage from the State. H:\FILE.SYS\SWP- Surface Water Projects\SWP-27-Surface Water Projects\27-2899 Maplewood Flood Control Facility\Documents\2002\Agenda Bil- Final Pay Estimate.doc/GMS\tb TO- FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: City Transfer, Inc. CONTRACT NO. CAG-01-151 ESTIMATE NO. 5(Final) Closing Date 06-21-02 PROJECT: Maplewood Golf Course Regrade Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $5,007.30 2. SALES TAX @ 8.80% $440.64 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $5,447.94 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $116,704.40 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $4,756.94 6 SUBTOTAL-CONTRACTOR PAYMENTS $121,461.34 7. RETAINAGE ON PREVIOUS EARNINGS $6,142.34 8. *' RETAINAGE ON EARNINGS THIS ESTIMATE $250.36 9 SUBTOTAL- RETAINAGE $6,392.70 10. SALES TAX PREVIOUSLY PAID $10,810.51 11. SALES TAX DUE THIS ESTIMATE $440.64 12. SUBTOTAL- SALES TAX $11,251.15 (95%x LINE 1) " (RETAINAGE: 5% of line 1) GRAND TOTAL: $139,105.19 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $5,197.58 # 5 (Final) ACCOUNT 404.000000.020.5760.0061.60.000001 $0.00 # 5(Final) $5,197.58 RETAINED AMOUNT(Line 8): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $250.36 # 5(Final) 404.000000.020.5760.0061.60.000001 # 5 (Final) $250.36 TOTAL THIS ESTIMATE: $5,447.94 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION I.THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE V SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN.AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE A D CERTI T SAID CLAIM i Signed: Printed On: 6/12/2002 City of Renton Public Works Department Page 1 Project. Maplewood GoM Course Regrade Project Contract Number. CAC-01-151 1 Pay Estimate 5(Final) Closing Date: 6/21/2002 Item Description Unit Est Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization,Cleanup 8 Restoration Lump Sum 1 $15.000.00 1 $15,000.00 0.00 50.00 1.00 $15,000.00 002, Locate and Protect Existing UtiItiies Lump Surn 1 $1,000.00 1 $1,000.00 0.00 $0.00 1.00 $1,000.00 003. Clearing and Grubbing Lump Sum 1 $5,000.00 1 $5.000.00 0.00 $0.00 1.00 $5,0DO.00 004. Removal of Stricture and Obstructions Lump Sum 1 $1,500.00 1 $1,500.00 0.00 $0.00 100 $1,500.00 DOS. Tree Removal and Replanting Lump Sum 1 $1,500.00 0.75 $1,125.00 0.00 $0.00 0.75 $1.125.00 006. Temp Water Pollution ControlfErosion Control Lump Sum 1 $10,000.00 1 $10,000.00 0.00 $0.00 1.00 $10,000.00 007. Const.Survey,Staking S As-buiq drawings Lump Sum 1 $7,500.00 0.98 $7,325.00 0.02 $175.00 1.00 $7,500.00 0D8. 4 in.Diam.CPEP Storm Sewer Pipe Linear Feet 30 $50.00 0 $0.00 0.00 $0.00 0.00 $0.00 009. Structural Fill for Cart Path Ton 450D $6.00 4652.23 $27.913,38 0.00 $0.00 4652.23 $27,913.38 010. Crushed Surfacing Top Course Ton 150 $12.00 284.65 $3,415.80 0.00 $0.00 284.65 $3,415.80 011. Asphalt Concrete Pavement Class B" Ton 90 $110.00 85.59 $9,414.90 0.00 $0.00 85.59 $9,414.90 012. Topsoil Type A Ton 1100 $14.00 1355.13 $18,971.82 0.00 $0.00 1355.13 $18,971.82 013. Sod Installation Square Yard 6200 $3.50 4083.33 $14,291,66 0.00 $0.00 4083.33 $14,291.66 014. Irrigation Revisions Lump Sum 1 $3,000.00 1 $3,000.00 0.00 $0.00 1.00 $3,000.00 015. CO#1 Quarry Spans Ton 260 $16.00 257.89 $4,126.24 0.00 $0.00 257,89 $4,126.24 016. CO#2 Premium Time Lump Sum 1 $1,000.00 0.76 $762.94 0.00 $0.00 0.76 $762.94 017. CO#3 Cement Mixture Lump Su rn 1 $4,832.30 0 $0.00 1.00 $4,832.30 1.00 $4,832.30 Subtotal $122,846.74 $5,DO7.30 $127,854.04 8.8%Sales Tax $10,810.51 $440.64 $11,251.16 TT Total $133,657.25 $5,447.94 $139,105.20 CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-151 C.O.# 3 CONTRACTOR: City Transfer,Inc. SUMMARY OF PROPOSED CHANGE: All labor,materials and equipment to stabilize 770 LF of 8 FT wide cart path using Portland cement mixed to a 12-inch depth for a cost of$4,832.30 plus a sales tax of$425.24 for a total price of$5,257.54. ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $132,518.40 $238 ii84@ $5,257.54 $14,375.-94— $138,132.48 $143 ,390.02 SIGNATURES: Contractor: i Date: Sn2� o . Project Engineer: Date: 2z., 1.co2- Approved By: Date: (Uti y Systems Manager) 02/142002 15:55 CITY TRANSFER OF KENT INC 4 914254307241 NO.502 D01 AOTO a a GTY a TRANSFER AC. v r F s . February 14, 2002 , City of Renton Fax: (425)430-7241 Planning/Building/Public Works Dept. 1055 South Grady Way Renton, WA 98055 Attn: Gary Schimek Re: Cart path proposal. Maplewood Golf Course Re-grade Project Project#: SWP-27-2899 City Transfer, Inc, is proposing to stabilize 770 C.r of 8FT wide cart path using Portland cement mixed to a 12-inch depth. Our price for this proposal. is $4,832.30. Should you have any questions please do not hesitate to contact me. Sincerely, Stan McAllister Project Superintendent I 2720 E. Valley Hwy. E4si - Sumner, WA 98390 PO Box 18SO-Sumner WA 98390-0400 • 9aatUe (253) 850-1775 - Tacoma (263) 863-4556 - Fax (253) 850-1797 Departm�t of Labor and lndustri �C��� �� n�Te R EC IDAVIT OF WAGES PAID R�Q Prevailing Wage � > (3360)90 wagov/prevaling wage s ay °y= '` Public Works Contract WVw. ,ae9 "V5.00 Filing Fee Required •This form must be typed or printed in ink. Project Name (� Contract# •Fill in all blanks or form Will be returned for correction(see back). Yam' � y •Please allow a minimum of 10 working days for processing. ContractAwardmg Agency(pablic a ncy-not federal or private) - A-dress 1 ? II 1 T{3 THiS AI...... v Contractor,company or agency name,address,city,state&ZIP+4 } City state ZI +4 Awarding Agency Project Contact Person Phone# 4- Q, , Aunty whtre work was performed City where work was performed Bid due date d/ Date contract awarded (m/d/ ) P e contractor(has con t with the public agency) Contractor Registration No. Date work completed (m/d/y) Date Intent filed (m/d/y) Craftlt ade/occupation anA apprentices(For apprentices,give name, Number Total#firs Rate of Rate of hourly registration#,trade,dates of work on project and stage of progression) of Workers worked-ea trade Hourly Pay fringe benefits s 4it ca LAC- It LAI Company name,address,city,s +4 Indicate total dollar amount of your contract $ �- 111 I hereby certify that the above information is correct and that al workers I employed on this Public Works Project were paid no less than the Prevailing Wage Rate(s) as determined by the Industrial Statistician of the Department of Labor and Industries. Contractor Registration No. UBI Title Signature `7.o - : qJ Email address Phone number ; n (J1` r Check Number: Amount: r ' CERTIFIED: Department of Labor and Industries Issued By: ECEVVED APR 2 9 20OZ. -=> 2002 Prevailing Wage Section rv, By Industrial Statistician F700-007-000 affidavit of wages 2-02 After APPROVAL, send white copy to AwardinP Agency. Canary copy-L&I c1 — i`7 Department of Labor and Industries STaTe AFFIDAVIT OF WAGES PAID Prevailing Wage • (360)902-5335 Qy�= _ Public Works Contract www.ini.wa.gov/prevaling wage y`'°° - 5.00 Filing Fee Required •This form must be typed or printed in ink. Project Name fV\CkP1U-AWd Contract# •Fill in all blanks or form will be returned for correction(see back). 3Ap •Please allow a minimum of 10 working days for processing. Contract Awarding Agenc (public age of federal or private) ?R+M Mlillli:1�TO THIS ADD Address Contractor,company or agency name,address,city,state&ZIP+4 — �^ �y/'y }try' {¢n'�r/��+/ '/'/� tA State ZIP+ /TI 7 Agency Project ontact Person Phone# L' t + y rr�� whtre work was performed City where work was performed 1 Bid due date ( d/y) Date contract awarded (m/d/y) / / / `? Prime contractor(has contract with the public agency) Contractor Registration No. Date work completed (m/d/y) Date Intent filed (m/d/y) / Craft/ rade/occupation and apprentices(For apprentices,give name, Number Total#hrs Rate of € Rate of hourly registration#,trade,dates of work on project and stage of progression) of Workers ?worked-ea trade *My'Pay fringe benefits k i I w �i rL I E Coin any name, -address, �city,state ZIP+4 Indicate total dollar amount of your contract $ I hereby certify that the above information is correct and that all T-o workers I employed on this Public Works Project were paid no .......... ... ..... . . . .............. ........... less than the Prevailing Wage Rate(s) as determined by the , -IA Industrial Statistician of the Department of Labor and Industries. Contractor Registration No. UBI Title Signatur Email address Phone number Y s w x : �� Check Number: mount: CERTIFIED: Department of Labor and Industries Issued By: RECEIVED -RR 2 9 2007 By Prevaiiina Wage Industrial Statistician Qe S6C11pfi . F700-007-000 affidavit of wages 2-02 After APPROVAL. send white copy to Awarding Agency, Canary copy-L&1 t of labor find Industries STATEktr NT OF INTENT a 'Prevailing Wag (360) 902-533 TOPAYPREVAILING WAGES = a - Public Works Contract THIS FORM MUST BE TYPED OR PRINTED IN INK will be returned jYk&kt ::$25.00 Filing Fee Required x n back of form. dyQ fa►yrocas�iny raw M daY Ne 0syrasant—Maim yarrlo � r City State ZIP 4 z , i t < - YP < County where work€!will be performed City where work will be performed .,tc : "c c r Bid due date o ldd/yy) Date contract awarded (rmn/dd/yy) _._ _.-..._.. ..........-.........:.-- . _--------------- .............. -----------. 64 9 1 contractor C Contractor Registration No. Do you intend to use subcontractors? Do you intend to use apprenti«a7 #€'t Yea .No Yes: No _. -- Indicate total dollar amount of your contract —► r`' 4 Rate of. 5 Rate of Hourly s Estimated Number • 3 Craft/trade%occupation Hourly Pay Fringe Benefits of Workers 2 T i a r Ss .Se.r" � ---- t 3 1 ` +, ----- ..... ........., ;.tom �A " Y -A l ----_ ......................- R 'r t„ }...._..tea _•.-.i r - t- a e . --------- -----_:--.-.----- - --..................- --------- ......._... ------- --------- --........ ......;. S }} f 4 I hereby certify that the above information is correct and that all worriers 1 8 ���Y name_ � employ m this Public Works Project_will be paid no less than the Prevailing r f t = `xi riv Vi'age'Rate(s s''determined by the Industrial Statistician of the Department - of Labor and Industries.I understand that contractors who violate Prevailing Address Wage Laws,i.e.,incorrect classification scope of.w�lc of workcra,improper r r f F payment of prevailing wages,etc.,are subject to fines and/ot•¢�ibh win.be requirre�to pay any back wages due to workers. 1;(?1� (�Q \ City, State ZIP+4 7 NOTARY,: Complete all 4 copies and notar-lait Raj lt+ t' i t R stamp or seal i A,P \Sbt� F} .•2 1 Phone number Contractor Registration No. Subscribed and sworn to before me this date My fit•= E f rr"` z t } } t i j Y ignature J Title Notary,Arblic in and fCir the State � PUBLIC ' F � DC "8rI11len O OF 8iit' tl$f1183 U i x t t APPROVED: P Mu" B {.: F9 ¢ F100.029-000 st+tommt of mina to p.y 5-98 Distribution of Approved Copies:White Kivarding Agency Canary-L&I Pink-Prime Contn='Golds zSub t, JUL-01-2002 10:12 CITY OF RENTON PBPW 425 430 7241 P.03iO3 CERTIFICATION OF PAYMENT OF PREVAILING WAGES Date: - J� Protect CAG No. This is to certify that the prevailing wages have been paid to our employees and our subcontractors' employees for the period from n - -Q through accordance with the Intents to Pay Prevailing'Wage filed with the Washington State Department of Labor & Industries. This form will be executed and submitted prior to or with the last pay request. Company Hame C. By: r�� PA/- Title: Arj VVI o TOTAL P.03 CITY OF RENTON MEMORANDUM DATE: July 1,2002 TO: Tracy Schuld FROM: Gary Schimek, Surface Water Utility, Project Manager oe SUBJECT: Final Pay Estimate(CAG-01-151)- Maplewood Golf Course Regrade Project The following documents are attached for processing the final pay estimate for this project: 4 copies Notice of Completion of Public Works Contract 1 copy Agenda Bill 6 copies Final Pay Estimate 1 copy Original Affidavit of Wages Paid 1 copy Statement of Intent to Pay Prevailing Wages 1 copy Certification of Payment of Prevailing Wages If you have any questions,please call me at x-7205. H:\FILE.SYS\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2899 Maplewood Flood Control Facility\1000 Correspondance\1010 General\1013 Documents 2002\Memof-Final Pay Estimate.doc\gms TO: FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR ' r CONTRACTOR: City Transfer, Inc. CONTRACT NO. CAG-01-151 ESTIMATE NO. 5 (Final) Closing Date 06-21-02 PROJECT: Maplewood Golf Course Regrade Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $5,007.30 2. SALES TAX @ 8.80% $440.64 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $5,447.94 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $116,704.40 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $4,756.94 6. SUBTOTAL-CONTRACTOR PAYMENTS $121,461.34 7. RETAINAGE ON PREVIOUS EARNINGS $6,142.34 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $250.36 9. SUBTOTAL- RETAINAGE $6,392.70 10. SALES TAX PREVIOUSLY PAID $10,810.51 11. SALES TAX DUE THIS ESTIMATE $440.64 12. SUBTOTAL - SALES TAX $11,251.15 * (95%x LINE 1) ** (RETAINAGE: 5% of line 1) GRAND TOTAL: $139,105.19 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $5,197.58 # 5 (Final) ACCOUNT 404.000000.020.5760.0061.60.000001 $0,00 # 5(Final) $5,197.58 RETAINED AMOUNT(Line 8): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $250.36 # 5 (Final) 404.000000.020.5760.0061.60.000001 # 5 (Final) $250.36 TOTAL THIS ESTIMATE: $5,447.94 CHARTER 116, LAWS OF 1965 ylfvl�► CITY OF RENTON CERTIFICATION 1,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE /, v SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED 1D HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT 1 AM AUTHORIZED TO AUTHENTICATE A D CERTI�SAIDCLAIM Signed: Printed On: 6/12/2002 City of Renton Public Works Department Page 1 Project: Maplewood Goff Course Regrade Project Contract Number. CAG-01-151 Pay Estimate 5(Final) Closing Date: 6212002 Item Description Unit Est Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization,Cleanup&Restoration Lump Sum 1 $15,000.00 1 $15,000.00 0.00 $0.00 1.00 $15,000.00 002. Locate and Protect Existing Utikiies Lump Sum 1 $1,000.00 1 $1,000.00 0.00 $0.00 1.00 $1.000.00 003. Clearing and Grubbing Lump Sum 1 $5,000.00 1 $5.000.00 0.00 $0.00 1.00 $5,000.00 004. Removal of Structure and Obstructions Lump Sum 1 $1,500.00 1 $1.500,00 0.00 $0.00 1.00 $1,500,00 005. Tree Removal and Replanting Lump Sum 1 $1,500.00 0,75 $1,125.00 0.00 $0.00 0.75 $1.125,00 00& Temp Water Pollution Control/Erosion Control Lump Sum 1 $10,000.00 1 $10,000.00 0.00 $0.00 1.00 $10,000.00 007, Consl.Survey,Staking&As-buift drawings Lump Sum 1 $7.500.00 0.98 $7,325.00 0.02 $175.00 1.00 $7,500.00 008. 4 in.Diam.CPEP Storm Sewer Pipe Linear Feet 30 $50.00 0 $0.00 0.00 $0.00 0.00 $0.00 009. Structural Fill for Cart Path Ton 45W $6.00 4652,23 $27,913.38 0.00 $0.00 4652.23 $27,913.38 010. Crushed Surfacing Top Course Ton 150 $12.00 284.65 $3,415.80 0.00 $0.00 284.65 $3,415.80 011. Asphaft Concrete Pavement Class"B" Ton 90 $110.00 85.59 $9,414.90 0.00 $0.00 B5.59 $9,414.90 012. Topsoil Type A Ton 1100 $14.00 1355.13 $18,971.82 0.00 $0.00 1355.13 $18,971,82 013. Sod Installation Square Yard 6200 $3.50 4083.33 $14,291.66 0.00 $0.00 4083.33 $14,291,66 014. Irrigation Revisions Lump Sum 1 $3,000.00 1 $3,000.00 0.00 $0.00 1.00 $3,000.00 015. CO#1 QuarrySpalls Ton 260 $16.00 257.89 $4,126.24 0.00 $0.00 257.89 $4,126.24 016. CO#2 Premium Time Lump Sum 1 $1,000.00 0.76 $762.94 0.00 $0.00 0.76 $762.94 017. CO#3 Cement Mudure Lump Sum 1 $4,832.30 0 $0.00 1.00 $4,832.30 1.00 $4,832.30 Subtotal $122,846.74 $5,007.30 $127,854.04 8.8%Sales Tax $10,810.51 $440.64 $11,251.16 TT Total $133,657.25 $5,447.94 $139,105.20 �6I�3�Or CITY OF RENTON COUNCIL AGENDA BILL Al N: Submitting Data: planning/Building/Public Works For Agenda of: June 24, 2002 Dept/Div/Board.. Utility Systems Division - Surface Water Utility Staff contact...... Ron Straka (x-7248) Agenda Status Gary Schimek(x-7205) Consent.............. X Subject: Public Hearing.. Final Pay Estimate (City Transfer - CAG-01-151) Correspondence.. Maplewood Golf Course Regrade Project Ordinance............. Ma P g � Resolution............ Old Business........ Exhibits: New Business....... Pay Estimate #5 - Final Study Sessions...... Notice of Completion Information......... Recommended Action: Approvals: Council concurrence with project acceptance and approval of final Legal Dept......... Finance Dept...... pay estimate Other............... Fiscal Impact: None Expenditure Required... $5,447.94 Transfer/Amendment....... Amount Budgeted.......... $5,447.94 Revenue Generated......... Total Project Budget $225,000 (2001/2002) City Share Total Project.. SUMMARY OF ACTION: City Transfer, Inc. has completed construction of the Maplewood Golf Course Regrade Project. The total project budget (for 2001-02) is $225,000. This budget amount is the sum of joint contributions from Surface Water Utility ($190,000) and Parks ($35,000). The awarded and final construction contract amounts are $132,518.40 and $139,105.19, respectively. The increase of$6,586.79 is due to the following: • Change order (number one) for the import and placement of quarry spalls to build path for wet weather construction; • Change order (number two) for fifty-percent of premium time charge for overtime on work completed on Saturday, November 10, 2001; • Change order (number three) for the use of concrete mix to strengthen golf cart path construction during wet weather; and • Changes to bid item quantities. The funding of this project was provided through two accounts. First, the Surface Water Utility's Cedar River Basin Plan CIP account (421.000600.018.5960.0038.65.065220.65225. 5624). Second, the Park Department's Maplewood Golf Course System Fund account (404.000000.020.5760.0061.60.000001). Please note that funding for the final pay estimate is provided solely by the Surface Water Utility. STAFF RECOMMENDATION: The Surface Water Utility recommends that Council accept the Maplewood Golf Course Regrade Project and approve the final pay estimate of$5,447.94 to City Transfer, Inc. Staff further recommends that the retainage of$6,932.70 be released after sixty (60) days, subject to the receipt of all required authorization to release retainage from the State. H:\FILE.SYS\SWP-Surface Water Projects\SWP-27-Surface Water Projects\27-2899 Maplewood Flood Control Facility\Documents\2002\Agenda Bil- Final Pay Estimate.doc/GMS\tb STAT&O� State of Washington Reg.No.: 04 Department of Revenue a Audit Procedures&Administration Date: PO Box 47474 �Ha 18B9 goy Olympia,Washington 98504-7474 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: DEPARTMENT USE ONLY City of Renton Assigned To Tracy Schuld 1055 South Grady Way Date Assigned Renton,WA 98055 Notice is hereby given relative to the completion of contract or project described below. Description of Contract Maplewood Golf Course Regrade Project Contractor's Name City Transfer,Inc. Telephone No.(253)850-1775 Contractor's Address 2720 East Valley Highway East Sumner,WA 98390 Date Work Commenced Date Work Completed Date Work Accepted October 22,2001 March 6,2002 June 12,2002 Surety or Bonding Co. USI Northwest Agent's Address USI Northwest 20415 -72nd Avenue South Kent,WA 98032 Contact:Holly Ulfers Contract Amount: $118,132.56 Amount Disbursed: $132,712.49 Additions or Reductions: $ 9,721.48 Amount Retained: $ 6,392.70 Sales Tax: $ 11,251.15 Total: $139,105.19 Total $13 9,105.19 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,Olympia,Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate,and then only in accordance with said certificate. DC:CTY3] 0020 11/99 bh CITY OF RENTON COUNCIL AGENDA BILL Al#: Submitting Data: Planning/Building/Public Works For Agenda of: June 24, 2002 Dept/Div/Board.. Utility Systems Division- Surface Water Utility Staff Contact...... Ron Straka (x-7248) Agenda Status Gary Schimek(x-7205) Consent.............. X Subject: Public Hearing.. Final Pay Estimate (City Transfer- CAG-01-151) Correspondence.. Maplewood Golf Course Regrade Project Ordinance............. p g .1 Resolution............ Old Business........ Exhibits: New Busines Study Sessiof CONCUPay Estimate#5 - Final Information. .... Ce ::DATE Notice of Completion NAME dDATE Recommended Action: Ama pprovals: Council concurrence with project acceptance and approval of final Legal Dept ..... f 6 a estimate Finance De t.. �✓� �� pay Other....... . r Fiscal Impact: Norte Expenditure Required... $5,447.94 Transfer/Amendment....... Amount Budgeted.......... $5,447.94 Revenue Generated......... Total Project Budget $225,000 (2001/2002) City Share Total Project.. SUMMARY OF ACTION: City Transfer, Inc. has completed construction of the Maplewood Golf Course Regrade Project. The total project budget (for 2001-02) is $225,000. This budget amount is the sum of joint contributions from Surface Water Utility ($190,000) and Parks ($35,000). The awarded and final construction contract amounts are $132,518.40 and $139,105.19, respectively. The increase of$6,586.79 is due to the following: • Change order (number one) for the import and placement of quarry spalls to build path for wet weather construction; • Change order (number two) for fifty-percent of premium time charge for overtime on work completed on Saturday, November 10, 2001; • Change order (number three) for the use of concrete mix to strengthen golf cart path construction during wet weather; and • Changes to bid item quantities. The funding of this project was provided through two accounts. First, the Surface Water Utility's Cedar River Basin Plan CIP account (421.000600.018.5960.0038.65.065220.65225. 5624). Second, the Park Department's Maplewood Golf Course System Fund account (404.000000.020.5760.0061.60.000001). Please note that funding for the final pay estimate is provided solely by the Surface Water Utility. STAFF RECOMMENDATION: The Surface Water Utility recommends that Council accept the Maplewood Golf Course Regrade Project and approve the final pay estimate of$5,447.94 to City Transfer, Inc. Staff further recommends that the retainage of$6,932.70 be released after sixty (60) days, subject to the receipt of all required authorization to release retainage from the State. H:\FILE.SYS\SWP-Surface Water Projects\SWP-27-Surface Water Projects\27-2899 Maplewood Flood Control Facility\Documents\2002\Agenda Bil- Final Pay Estimate.doc/GMS\tb TO-, FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR CONTRACTOR: City Transfer, Inc. CONTRACT NO. CAG-01-151 ESTIMATE NO. 5 (Final) Closing Date 06-21-02 PROJECT: Maplewood Golf Course Regrade Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $5,007.30 2. SALES TAX @ 8.80% $440.64 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $5,447.94 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $116,704.40 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $4,756.94 6. SUBTOTAL-CONTRACTOR PAYMENTS $121,461.34 7. RETAINAGE ON PREVIOUS EARNINGS $6,142.34 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $250.36 9. SUBTOTAL- RETAINAGE $6,392.70 10. SALES TAX PREVIOUSLY PAID $10,810.51 11. SALES TAX DUE THIS ESTIMATE $440.64 12. SUBTOTAL-SALES TAX $11,251.15 * (95%x LINE 1) ** (RETAINAGE: 5%of line 1) GRAND TOTAL: $139,105.19 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $5,197.58 # 5 (Final) ACCOUNT 404.000000.020.5760.0061.60.000001 $0.00 # 5 (Final) $5,197.58 RETAINED AMOUNT(Line 8): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $250.36 # 5(Final) 404.000000.020.5760.0061.60.000001 # 5 (Final) $250.36 TOTAL THIS ESTIMATE: $5,447.94 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION 1,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: Printed On: 6/12/2002 City of Renton Public Works Department Page 1 � Y Project: Maplewood Golf Course Regrade Project Contract Number: CAG-01-151 Pay Estimate 5(Final) Closing Date: 6/21/2002 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization,Cleanup&Restoration Lump Sum 1 $15,000.00 1 $15,000.00 0.00 $0.00 1.00 $15,000.00 002. Locate and Protect Existing Utiltiies Lump Sum 1 $1,000.00 1 $1,000.00 0.00 $0.00 1.00 $1,000.00 003. Clearing and Grubbing Lump Sum 1 $5,000.00 1 $5,000.00 0.00 $0.00 1.00 $5,000.00 004. Removal of Structure and Obstructions Lump Sum 1 $1,500.00 1 $1,500.00 0.00 $0.00 1.00 $1,500.00 005. Tree Removal and Replanting Lump Sum 1 $1,500.00 0.75 $1,125.00 0.00 $0.00 0.75 $1.125.00 006. Temp Water Pollution Control/Erosion Control Lump Sum 1 $10,000.00 1 $10,000.00 0.00 $0.00 1.00 $10,000.00 007. Const.Survey,Staking&As-built drawings Lump Sum 1 $7,500.00 0.98 $7,325.00 0.02 $175.00 1,00 $7,500.00 008. 4 in.Diam.CPEP Storm Sewer Pipe Linear Feet 30 $50.00 0 $0.00 0.00 $0.00 0.00 $0.00 009. Structural Fill for Cart Path Ton 4500 $6.00 4652.23 $27,913.38 0.00 $0.00 4652.23 $27,913.38 010. Crushed Surfacing Top Course Ton 150 $12.00 284.65 $3,415.80 0.00 $0.00 284.65 $3,415.80 011. Asphalt Concrete Pavement Class'B" Ton 90 $110.00 85.59 $9,414.90 0.00 $0.00 85.59 $9,414.90 012. Topsoil Type A Ton 1100 $14.00 1355A3 $18,971.82 0.00 $0.00 1355.13 $18,971.82 013. Sod Installation Square Yard 6200 $3.50 4083.33 $14,291.66 0.00 $0.00 4083.33 $14,291.66 014. Irrigation Revisions Lump Sum 1 $3,000.00 1 $3,000.00 0.00 $0.00 1.00 $3,000.00 015. CO#1 QuarrySpalls Ton 260 $16.00 257.89 $4,126.24 0.00 $0.00 257.89 $4,126.24 016. CO#2 Premium Time Lump Sum 1 $1,000.00 0.76 $762.94 0.00 $0.00 0.76 $762.94 017, CO#3 Cement Mixture Lump Sum 1 $4,832.30 0 $0.00 1.00 $4,832.30 1.00 $4,832.30 Subtotal $122,846.74 $5,007.30 $127,854.04 8.8%Sales Tax $10,810.51 $440.64 $11,251.16 TT Total $133,657.25 $5,447.94 $139,105.20 r APPLICATION AND CERTIFICATE FOR PAYMENT AM DOCUMENTG702 TO(COWRACTOR): Curd Renton PROJECT: Maplevrooi Gdf oxrx APPLJCATON NO: 1 1055 S.Grady Waf Renlorti)VA 98Q°6 PE330D TO 11/10r01 F"A(SU&CONmACTOR): City rranslat,Inc. VIA ARGUTPCT ARCHrrECrE P O.Be"11560 PROJEC r no: Sumer.WA 20300 APPLICADONOATE: 11MM COILIRACT FOR: 01-19 CONTRACT DATE Application L%made foi Payment,as shown belaw in conrieclion',vith the ntract, CONTRACTOR'S APPLICATION FOR PAYMENT Conlinuaton Stoef,AIA Document G703,is attached. CIWNCE ORDER SUMMARY 1.(IRIGIILAL CONTRACT SUM $121.800.00 C1AI'MEORCER8APP ROVED AN ADOIT)ONSS DEUUCTo4s 2.NEAdatge try Chal"Or4eis 10.00 PREVIOUS k10NTHS OY OWNER 3.ODNTRACT SUTA TO DATE(Lha 1-*2) $121.000.00 4.101A1 COMP LETED A S rORE D 70 0Al E 169,94d56 5.RETAtiACA-1 t(LAASER DATE APPROVED a S%of CamlAirled Vlork 12,997A4 lCdumn D+B an G70J) (Cdumn F on G7" Total Relalnage(Line 5e•5b or (12,907.44) Tcla1 in Orlumn I d G703) 6.TOTAL EARNED LESS RETAINAGE r56,e6t,42 IUAe 4 less Lire.5lotap 1.LESS PREVK=CERMCAlES FOR 30.00 FOrAL.B 1Q00 10.00 PAYrAEM(Ure 6 from pnof Cef fide) HET CMIGE BY CHANGE OfEMS. 10.00 0, LIW 6LESS LINE 7 15fh451A2 rho wAe r%Wol Owelldtr ow r5fies lhsr to the best of the Cmtratre,IrrnrHdge, Vlashiyfon slate Sake lax e 8.6% 3 E9.94a.96 %Z/3.50 fYormsfon and beW the wwk owered try Nis Applicatirn fot Palmier"has been 9,r tJRRENT PAYMENT DUE $64M.92 o_ Vctui haciDoddanca,vAththa Can"at Documerts,that ail arwri(srarro been 10.BALANCE TO FINISH WA,50.59 pad b/fre Cox"otor far Worlt tar vAirh pre im CeAifrfafes for ParrrrtX were (Inducing Reset.) issrad And p4imer s race tied from tre Oihrie r.and IFeat otre nt paiment s haAn 8 UB-0OITTRACfGR: C, ewe at Wastlnob ri Carry of. Pietne ` \Ssi6/v Rj�ytl SUb,imbeid ad fo Aalale rite 0)is Ric Nahvmber,2001 r Notary piibf�' 0Y: ` DATE November242001 ktyCarrrnesb e:r 1-19-04 o NOTARy rn )W1h R.Benson-Piesidenl U �-•-� N ARCHTECIS CERrFIG4TE FOR PAYI.IENr AMOUNT cFj;mF-I-D,,........._..................._............._....... -..... 1� •�', �^ A ' •• In acoahftetol Y^the Canb*0 Documents,bsasd an oti sbC oteem".n and the (Allach erptrration if ar jni OXI)raad d(fers from the ambit"app$rrJ for-) 7 � data on mpiang The oboiv apoicatiri,the Ardited corliffes to the Ovaier that to the PRCHTf£CT: 1 �' \ WASH` best W lfie ArNrlodh FirxAedge,Ydamraloon ant be$H the)Node hes Tro3resmt as ®: [htta \s ►Ai caYd."-quality d the"'ark is in a 000rdaime wM the Coftad Drxvmen is.and This CrrtiTtfase is rct Aegalc WThe AkK"fr OE Rr)FIED is Parable only to fhe COMM dot is e'irTled So paltaenl of the AAlOUtR CE RTIFIM. the Conireota rarreJ ha rein.Is.,rr..,psymam end aoDVW now of payme rd am vAltlout"udice M any trytas of tlw Omer or OcriVicrof under Ora O wtraet. AIA DOCUMENT G70rAPPLICATION AND CERTIFICATE FOR PAYMENT-MAY 1W EDITION'AIA'C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-19a3 CONTINUATION SHEET Mapiewood Golf Course CITY TRANSFER, INC. APPLICATION NO. 1 AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE.- 11/2QM1 containing Contractors signed Certification,is attached. PERIOD TO 11/30/01 In tabulations below,amounts are stated to ttw nearest dollar ARCHITECTS PROJECT NO Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I 81D WORKCOIAPLETED MATERIALS TOTAL BALANCE RETAINAGE rTEIA DESCRIPTION OF WORK APPRO UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO QUAN. PRICE VALUE APPLICATION TriIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) )N D OR E TO OATE i Mobifization LS 15,000 00 10,500.00 10,500.00 70% 4,50000 525.00 2 Locate&Protect Existing LHilities LS 1,000.00 1,000.00 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000,00 5,00000 100% 250A0 4 Removal of Structure&Obstruction LS 1,50000 1.500.00 1,500.00 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1.125,00 1,125,00 75% 375.00 56.25 6 Temp.Water Pollution(Eros>on Conic LS 10,000.00 5,000.00 - 5,00000 50% 5,000.00 25000 7 Constr.Survey,Staking&As-built LS 7,500.00 3,750.00 - 3,750.00 50% 3,750.00 187.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - - 0% 1,50000 - 9 Structural Fill for Cart Path TN 4500 600 27,000.00 24,199.80 - 24,199 80 4033.30 2,800.20 1,209.99 10 Crushed Surfacing Top Course TN 150 12.00 1,800,00 - - - 0% 1,800 00 - 11 Asphah Conc.Pavement Class B TN 90 110.00 9.900.00 - - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.0-0 15,400.00 6,374.06 6,37406 455.29 9,025,94 318.70 13 Sod Installation SY 620D 3.50 21,700.00 - - 0% 21,700.00 - 14 Irrigation Revisions LS 3,000.00 1.500.00 - 1,500.00 50% 1,500.00 75.00 Ctiange Orders 121,800.00 0.00 59,948.86 0.00 59,948.86 61,851.14 2,997.44 City Transfer, Inc. ti APPLICATION AND CERTIFICATE FOR PAYMENT ALA DOCUM"T G702 TO(COHTRACTOft): City of Remon PROJECT,. IAapkreond GcJt Course APPiAGTK7N NCY. 3 1055 S.Grady Way Renvn,WA SW55 PERIODTO: 1)3W2 FROM(SUB-COfIrRACTOR): Gty Transiaf,Inr.: VIA ARCHIECT: ARCHITOCI'S PO.a"1850 PROJECT NO Sumncr,VIA 06390 APFLICAT)Otl DATE 1128102 ODNTRACTFOR 01-19 ,_--__-- _ CO)7TRACT DATE: Application is made tor Payment,ass own belmy In oonnectlon YA the Contract CONTRACTOR'S APPLICATION FOR PAYMENT Cantnuabco Sheet,AIA Document G703,is attached. CHANGE ORDER SUIRAARY I.ONGIMAIL CONTRACT tAHA $121,600.00 CHANGE OR US APPROVED RI AM ONS DECILMOM 2.PM dharype by Change Orders $4,889.la PREVIOUS 44W HS BY OWNER 3.00NTRACT SUM TO 0A7E(Line 10) $126h63-1IS 4.TOTAL CONIPLETED B STOREO TO DATE M.534.76 5.RE TAINAGE: - MA\BER DATE APP;MED a. SX of CcfrpleMd Vlofn tA,526.74 1 11Y11N1 $4,126.24 (CoLrrar D.E m G7(13) 2 11YtIMI s762.9A (C.olrrri f on GTIYJ) ToW Rots nape(line 5a r 510 or ($4,526.74) Total in Cdurm 1 of G703) 6,TOTAL EAR?"LESS RETAMAGE 366,006.02 (tine 4less Lhe 5 Tclao 7.LE"PREVIOUS CERTIFICATES FOR 176,619.B7 TOTALS fd,fl89.18 In00 PAYTAENT(Lie 6 horn pnor Obi fraae) NE-T CHA)J c BY CHAnGE ORDERS $4,BBO.16 18. WIFE LETS LWE7 17.310.15 The andarsged 04*09or ce rtrNas tie to the best of the Osna ctoes Aw vt42a. Vlasixtatorh Slats Safes fat 0.8Y. 57,777.00 0684.36 Ydom&tkn and betel the rant wmml try Vfs Apples Lion for Pa/menl has been 9.WRRENT PAYtAEM WE $9,072.53 OUVeted in 4aaxda:ev4th9e Cantrvd Deverwfns,that all amounts have been 10.BALANCE TO FINIGH 340)MIA6 pant Gl the Canlfdla Xf Y�Urt fcr hntiGh prt.ious Cerfihceles for f>zymenl vibe (Inyudyq Retaiage) isarxd arrf payments fora-tied ham Me Owner,and tan c urwri paLmard aTowtl TYxe n is noee due. SUBCONTRACTOR: TRAM Store a:Vlastfin7ton Carty at Pmme -** 1 SulxlcribrA and sr totr_4oferne lhia 2VWn y04 AMtry,2CW i�Q- , \5S%ON Notary 1c 0Y: • 4. DATE:Jsnuary2s,20a1 lAyGommmie aspires: 1-1904 � *4 NOTARY'V', Keith R.P.anson-Pram Writ % 0 N' i ARCFd7ECTS CFRIIfICJ1iE FOR PAtt.1F_IJT AAKXIHTCEi'RfTm......................__............................. ......... 1I_L�j,�',_�,i_7 eA •• � In aoocrd:aoe veyh t»CanlraY Doavrwn{,baoad on an-cite ctsetvaeon an!fhe (Altadt explaietcnd amount oaftAcd dffWs tram tree Amount!appiedfer.) data corrptina the abav apPli:ation,Uss ArrhTect cettAes tot»(7rrner W1 to is ARC:HITEC7: +�� /1,..1`•�.•rrww•CC•`�L��.v bsst d the Aechaeclk Rrgwledae,i forniatixn and befef Ore Wont Tta Peparessed as Sy, Date: %\\ YYf1�7 indicato5 fhb Quarry d to V10*is in ao:ofd»,r_viih the Cain U D wmcw*a,and l his CeM6mte Is rice oa go liable.TM AIAOCW CERTIFIED is pa/able,ant!to the CtnVadat is avntle d to palms nt d the AIAOUNT CERRFIE D. the Canbalrx na rassd he ran.issuances,P TmAl and acaaplarxa d pnwwx are whboul pr*Am to arry rioric m the Oanar at 0:I Mmctof ar tar MIA Con"-" AIA DOCUMENT G702'APPUCATION AND CERTIFICATE FOR PAYMENT'MAY 1983 EDITION'AIA'C 1963 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW.WASHINGTON DC 20006 G70271983 CONTINUATION SHEET Maplewood Golf Course CITY TRANSFER, INC. APPLICATION NO: 3 - AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE 1128/02 containing Contractor's signed Certification,is attached. PERIOD TO 1131/02 In tabulations fplow,amounts are stated to the nearest dollar. ARCHITECTS PROJECT NO. Use Column i on Contacts Yrh&e vanab4e retainage for line items may apply_ A B C D E F G H I BID WORK COMPLETED NIATERIALS TOTAL BALANCE RETA)NAGE FTEh1 DESCRIPTION OF WORK APPRO UNFT SCHEDULED FROM PREVIOUS PRESENTLY CONIPLETED % TO (IF VARIABLE NO. QUAN. PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (O&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 13,500.00 13,500 00 90% 1,500.00 675.00 2 Locate&Protect Existing Utilities LS 1.000,00 1,000.00 - 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5.000.00 - 5,000-00 100% - 25000 4 Removal of Structure&Obstruction LS 1,500.00 1.50000 - 1,500.00 100% 7500 5 Tree Removal&Replanting LS 1,500,00 1,125,00 1.125.00 75% 375.00 56.25 6 Temp.Water PollutiorVErosion Cont. LS 10,000.00 9,500.00 - 9,500.00 95% 500.00 475.00 7 Constr,Survey,Staking&As-built LS 7,500.00 7,350.00 - 7.350.00 98% 15000 367.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1.500.00 - 0% 1,500.00 - 9 Structura.1 Fill for Cart Path TN 4500 6.00 27,000.00 24,838 80 - 24,838,80 4139 80 2,161.20 1,241.94 10 Crushed Surfacing Top Course TN 150 1200 1,800.00 - - - 0% 1,800.00 - 11 Asphaft Conc.Pavement Class 8 TN 90 110.110 9,90000 - 0% 9,90000 - 12 Topsoil Type TN 1100 14.00 15,400..00 12,554.78 - 12,554.78 896.77 2,845,22 627.74 13 Sad Installation SY 6200 3.50 21,700 00 - 7,77700 - 7,777.00 2222 13,923 00 38885 14 Irrigation Revisions LS 3.000.00 1,500.OD - 1,50000 50% 1,500.00 7500 C/O 91 Quarry Spalls 4,126,24 4,126.24 - 4,126.24 100% - 206-31 CIO#2 Premium Time 762.94 762.94 - 762.94 100% 38.15 126,689.18 82,757.76 7,777.00 0.00 90,534.76 36,154A2 4,526.74 City Transfer, Inc. E5 5978 TAK.INC. 2S3-8E3-4025 — _ -- AV 1.046 �• �� - -0� POr CiiF�S1-iED`13QG}C o •���TJ v�-- `� n ,i,, � TP-'s M Tx � -WA.SHFt)AGW TPA; L-ba T �odav�. . :"g, , ut _ iR� m{ {A - - t TO;<fS PRX E AA403.ASIT t SEC ov. TIM-56 .•Y has q?t rA3f1.e,and dne,,nol Make, S any meter waCratui¢5:a fn . 'opnrwtmw �n or i+npli�d; ii► tirittr Yfris aUerarrd there a'ra.no — car 3tiona, agreemenft, re{{rrreWnlations or , oNgOom bmeen tias.pa rnes which are new MAX exp-ssW herein.Cikeeai!{lot brz kr4d lrabie for arry''d�rnagemdeterofsaidma#Er.;ql MIAL C��� rm. �,.. 7r • r t, r t SILVERTON. • • at SOLD TO i:TTY €•IR-li,Icir :h Ii` C SHIP TO MP.PL._F::WT_OD GOLF (:01_'F'('?>r PC) ROX 1,915t1 4 �;�1 1�1WF';♦.E VA!_.L�--Y HIAY W RENTCIN WA t� `a�fl.�'�tw� PHONE _..._!._:: SQ0 1.773) PHONE � J +nif'Ut-le!;1�ftw 3iRECTIONS 91` } ." "yi I 13 F -o 13 F4 y INVOICE DRIVER ZONE DATE CUT INVOICE DATE _ DOUG T'Pf'NE_.(: ,� �r<=hJ'TCI� I!1`-1200— t�11 f 1 4•f G:U�t1: iUN REP POO TEAMS OEUVERY DATE DELIVERY TIME 1,? ! Win: 15TH, NET 36� lf '��:rr-l7tp;� IF,ITEPA NPIVISER QTY.SHIPPED {��fJl DESCRIPTION • UJ IJR .ifl?7 i l,:l>ZIk1<� WA ! RF-rI TU€h jNSTANT LAWN Nr. NET PRICE PER BTT? 1 ilgttature below customer egress: This transaction Is subject to Customer's credit etment with JB Instant Lawn,Inc, (JB)and the DISCLAIMER OF WARRANTIES set forth w.It customer has no credit agreement by signature below customer agrees,That r nent In fun is due 30 days frorn the date of invoice or the date of dettvery whichever is DRI R: or.A pest due service chargo of i I/i%per month Is imposed on all amounts not paid / n due. To pay JE's r9asonar,ie attorney fees and court costs, Including those on Jai,even if no aollprl Is filed,If Ih•re is a default under this agreement.and further silo. ���' (_•, t/ ,s to venue In Marion County,State of Oregon. Notice on nonconforming goods must tads within 48 hours.of delivery.The sole end exclusive remedy for nonconforming goods is roplactment or efund of payment al sole Option.JIB is not ohligatr+d for incidental,consequential,liquidated or other damages.That the pis aimar of Warranties set below le applicable, 190111111119 any and aft warranllon relating to the goods described hereln.Theft are no warranties express or Implied Includ- tarrarity of merchantability Qr fitness for a particular purpose retrtt•ng to the goods ar fn9lructlOns fill of which are expresfily r , Ided from this transaction. ,EIVED AS DESCRIBED AND ALL =DIT TERMS AGREED TO �_"" ��LM -- THANK YOU JOB SITE-INSTRUCTIONS ON BACK 1 << t y3 LAVIVN r Instant Lawn, 111C. .SALE . . LANE, • e -99 SOLD Td'"<: f;.C..(Y 3 il...tNS7F E R �d(= SHIP TO (rifd �L ECiC?u t i:7t..,'t' (�l:3LiF?R� k='Cl ring t.t� K� �ifr� M APL._f~ RL—Wi C3N Ws'; S1UMNEP. WA 9a w r t. _1 a 7°5 PHONE i ) , SHONE t[::.I•.:,} 'e T Li s s d CA`/ )IRECTION$ — I L.-•1 - .Li , Rt ;.il.}_NG-07N .I I_I IYIp I i'q LN I „1+V1 INVOICE P)()R,;ING LOT TOM �::'4)�s■-.�*sC�tt-�3.19� . �:'? 1 OR STAN )RIVER ZONE _A FDE E CUT INVOICE BATE C-O UR T,1`Y I.-t.1R REI�ITIDN t , _ .ts � LI t,!:x-3 i ;s<llitUN REP. FO# TERMS �iT 17� VERY DATEDELIVERY TIIME L1 1J 1 -ij NC 30 DESCRIPTION at I ;J�? bJASfJU 'I0Iai,01ii"; 1.49 F'R1-i+1II..IM TNSTDNT LE=f5,N PAt PALLETS i\m N'Sc1G PRICE PIER 6I L trig i "tailZ. -- 1:s3b!lt • algnaturo below customer.agrees: This transaction Is subject to customer's.Credit cement with JB instant Lawn,inc:.(J8)and the DISCLAIMER OF WARRANTIES set lorth W.11 customer has no credit agreement by signature below customer agrees..That a ment in full Is due 90 days from the date of invoice or the date of delivery whichever Is RIVER: er.A past due t enr ce charge oft/Qg�per month Is imposed on all amounts not pe(d n due. To pay JO's reasonable attorney lees and court costa, including those on L/rlJ eat even If no agtion IS tiled.It there is a default under this agreement,and further stip- as to venue In-Marion Courtly.State of Oregon.Notice on nonconforming goods must — nade wRhin 48 hours cl delivery.The sole and excius"remedy for nonconforming goods Is replacement or refund Of payment at sole option.JS Is not obligated for Incidental,consequential, liquidated or other damages.That the Disclaimer of Warranties set below Is applicable, lecletrns any and all werranrles relating to this goods dcacrlbetl herein.Thane are no warrafttfe9 express or Implied Includ ided from this trensu varrsnty or merchaMsblllty or fitness tot•particular m purpose retailing to the goons or Instructions 90 of which e axpre9siy Mlon. CEIVED AS DESCRIBED AND ALL / EDIT TERMS AGREED TO ( Li THANK YOU JOB SITE-INSTR TIONS ON BACK 1 FINANCE DIRECTOR FROM: COPY,PUBLIC WORKS ADMINISTRATOR , CONTRACTOR: City Transfer, Inc. CONTRACT NO. CAG-01-151 ESTIMATE NO. 4 Closing Date 03-29-02 PROJECT: Maplewood Golf Course Regrade Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $19,421.94''� 2. SALES TAX @ 8.80% $1,709.13°� 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $21,131.07 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $98,253.56 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $18,450.84 6. SUBTOTAL- CONTRACTOR PAYMENTS aJ y $116,704.40 04 7. RETAINAGE ON PREVIOUS EARNINGS 1�.ti� $5,17 .24 43' 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $971.10_- 9. SUBTOTAL - RETAINAGE $6,14 34 b�1�2 3y,N 10. SALES TAX PREVIOUSLY PAID $9,101.38 11. SALES TAX DUE THIS ESTIMATE $1,709.13 12. SUBTOTAL -SALES TAX $10,810.51 * (95%x LINE 1) *' (RETAINAGE: 5%of line 1) GRAND TOTAL: $133,664.25 FINANCE DEPARTMENT ACTION: I3jj-s7.7 PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000600.018.5960.0038.65.065220.65.5624 $18,606.87 # 4 ACCOUNT 404.000000.020.5760.0061.60.000001 $1,553.11_# 4 $20,159.97 RETAINED AMOUNT (Line 8): ACCOUNT 421.000600.018.5960.0038.65.065220.652 .5624 $896.28 # 4 404.000000.020.5760.0061.60.000001 $74.81 # 4 $971.10 TOTAL THIS ESTIMATE: $21,131.07 #\5 CHARTER 116, LAWS OF 1965 �e•o1 CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND CERTIFY TO SAID CLAIM Signed: Printed On: 3/28/2002 City of Renton Public Works Department Page 1 Project: Maplewood Golf Course Regrade Project Contract Number: CAG-01-151 Pay Estimate 4 Closing Date: 3/29/2002 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001, Mobilization,Cleanup&Restoration Lump Sum 1 $15,000.00 0.7 $10,500.00 0.30 $4,500.00 1.00 $15,000.00 002. Locate and Protect Existing Uliltiies Lump Sum 1 $1,000.00 1 $1,000.00 0.00 $0.00 1.00 $1,000.00 003. Clearing and Grubbing Lump Sum 1 $5,000.00 1 $5,000.00 0.00 $0.00 1.00 $5,000.00 004. Removal of Structure and Obstructions Lump Sum 1 $1,500.00 1 $1,500.00 0.00 $0.00 1.00 $1,500.00 005. Tree Removal and Replanting Lump Sum 1 $1,500.00 0.75 $1,125.00 0.00 $0.00 0.75 $1,125.00 006, Temp Water Pollution Control/Erosion Control Lump Sum 1 $10,000.00 1 $10,000.00 0,00 $0,00 1.00 $10,000.00 007. Const.Survey,Staking&As-built drawings Lump Sum 1 $7,500.00 0,846667 $6,350.00 0.13 $975.00 0.98 $7,325.00 008, 4 in.Diam.CPEP Storm Sewer Pipe Linear Feet 30 $50,00 0 $0.00 0.00 $0.00 0.00 $0.00 009. Structural Fill for Cart Path Ton 4500 $6.00 4652.23 $27,913.38 0.00 $0.00 4652.23 $27.913.38 010. Crushed Surfacing Top Course Ton 150 $12.00 250.73 $3,008.76 33.92 $407.04 284.65 $3,415.80 011. Asphalt Concrete Pavement Class"B" Ton 90 $110.00 0 $0.00 85.59 $9,414.90 85.59 $9,414.90 012. Topsoil Type A Ton 1100 $14.00 1355.13 $18,971.82 0.00 $0.00 1355.13 $18,971.82 013, Sod Installation Square Yard 6200 $3.50 3333.33 $11,666.66 750.00 $2,625.00 4083.33 $14,291.66 014. Irrigation Revisions Lump Sum 1 $3,000.00 0.5 $1,500,00 0.50 $1,500.00 1.00 $3,000.00 015. CO#1 Quarry Spalls Ton 260 $16.00 257.89 $4,126.24 0.00 $0.00 257.89 $4,126.24 016. CO#2 Premium Time Lump Sum 1 $1,000.00 0.76294 $762.94 0.00 $0.00 0.76 $762.94 wrvn x.9s` 96253.5� ok 93 i8,ysa,9yo+ x Subtotal $103,424.80 0k $19,421.94 $122,8A474 8.8%Sales Tax $9,101.38 $1,709.13 $10,810.51 TT Total $112,526.18 $21,131.07 $133.657.25 /2iaor"7 97/• 097 Maplewood Golf Course Regrade Project INPUT QTY Item Total% Total$Amt GOLF% GOLF Storm% Storm 1$Amt No. Description Paid to date This estimate This estimate $Amt Yt" `,.,., � QTR; � this estimate This Amt :��ontract A ; 001 Mobilization,Cleanup 8 Restoration 100% 4,500.00 0% 0.0 „,, 100% 4,500.00 15 0 00 002 Locate and Protect Existing Utiltiies 100% 0.00 0% 0.00 „ „ ;, 0% 0.00 003 Clearing and Grubbing 100% 0.00 0% 0.00 own= 0% 0.00 5 00 �r. 004 Removal of Structure and Obstructions 100% 0,00 0% 1 0.00 A 0% 0.00 1;W'00 005 Tree Removal and Replanting 75% 0.00 0% 0.00 Gt 0% 0.00 1'r rkf,p 006 Temp Water Pollution Control/Erosion Control 100% 0.00 0% 0.00 a0 0% 0.00 10 ` 007 Const.Survey,Staking 8 As-built drawings 98% 975.00 0% 0 00 WNW100% 975.00 7 008 4 in.Diam.CPEP Storm Sewer Pipe 0% 0.00 0% 0.00 Q „�' 0% 0.00 O.f 1 F , 009 Structural Fill for Cart Path 103% 0.00 0% 0 00 0% 0.00 27,913,38 010 Crushed Surfacing Top Course 190% 407.04 0% 0.00 `i30 100% 407.04 3,415.80 011 Asphalt Concrete Pavement Class"8" 95% 9,414.90 0% 0.00 Q „u, 100% 9,414.90 9,414 90 012 Topsoil Type A 123% 0.00 0% 0.00 0% 0.00 18,971 8 ' 013 Sod Installation 66% 2,625.00 57% 1496.25 43% 1,128.75 14,291y 014 Irrigation Revisions 100% 1,500.00 0% 0,0 100% 1500.00 3,000.00 -- 015 CO#1 Quarry Spells 99% 0.00 0% 0.00 0% 0.00 4,126.24 W 016 CO#2 Premium Time 76% 0.00 0% 0.00 0% 0.00 1762.94 „ Sub-totals $19: 4 $1r• $17,925 6 22,846 741, .088% Sales Tax $1,7 � $1,577 0,810.51. total split breakdown: $21, , , # $19,50'A 1 $3,65725.,i 95% $1$,450.84 $17,029 41 $ <' 1 5% $971.10 $896 28 Tax $1,709.13 $15774 !} Total $21,131,07 �f 3.Z8.c� 3y2g.02 r _ FINANCE DIRECTOR FROM: PUBLIC WORKS ADMINISTRATOR P. Y� CONTRACTOR: City Transfer, Inc. CONTRACT NO. CAG-01-151 ESTIMATE NO. 3 Closing Date 03-01-02 PROJECT: Maplewood Golf Course Regrade Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $26,469.58 2. SALES TAX @ 8.80% $2,329.32 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $28,798.90 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $73,107.46 5. EARNINGS DUE CONTRACTOR THIS ESTIMATE $25,146.10 6. SUBTOTAL-CONTRACTOR PAYMENTS $98,253.56 7. RETAINAGE ON PREVIOUS EARNINGS $3,847.76 8. "* RETAINAGE ON EARNINGS THIS ESTIMATE $1,323.48 9. SUBTOTAL- RETAINAGE $5,171.24 10. SALES TAX PREVIOUSLY PAID $6,772.06 11. SALES TAX DUE THIS ESTIMATE $2,329.32 12. SUBTOTAL - SALES TAX $9,101.38 (95%x LINE 1) *' (RETAINAGE: 5% of line 1) GRAND TOTAL: $112,526.18 FINANCE DEPARTMENT ACTION: PAYMENT TO CONTRACTOR (Lines 5 and 11): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $20,900.93 # 3 ACCOUNT 404.000000.020.5760.0061.60.000001� $6,574.49 $27,475.42 RETAINED AMOUNT (Line 8): ACCOUNT 421.000600.018.5960.0038.65.065220.65225.5624 $1,006.79 # 3 404.000000.020.5760.0061.60.000001 $316.69 $1,323.48 TOTAL THIS ESTIMATE: $28,798.90 CHARTER 116, LAWS OF 1965 v! CITY OF RENTON CERTIFICATION I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF D PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE CERTIFY TO SAID CLAIM Signed.- Printed On: 3/1/2002 City of Renton Public Works Department Page 1 Project: Maplewood Golf Course Regrade Project Contract Number: CAG-01-151 ontractor: Pay Estimate 3 Closing Date: 3/1/2002 Item Description Unit Est. Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount 001. Mobilization,Cleanup&Restoration Lump Sum 1 $15,000.00 0.7 $10,500.00 0.00 $0,00 0.70 $10,500.00 002, Locate and Protect Existing Utiltiies Lump Sum 1 $1,000.00 1 $1,000.00 0.00 $0.00 1.00 $1,000.00 003. Clearing and Grubbing Lump Sum 1 $5,000.00 1 $5,000.00 0.00 $0.00 1.00 $5,000,00 004, Removal of Structure and Obstructions Lump Sum 1 $1,500.00 1 $1,500.00 0.00 $0.00 1.00 $1,500.00 005. Tree Removal and Replanting Lump Sum 1 $1,500.00 0.75 $1,125.00 0.00 $0.00 0.75 $1,125.00 006, Temp Water Pollution Control/Erosion Control Lump Sum 1 $10,000.00 0.5 $5,000.00 0.50 $5,000.00 1.00 $10,000.00 007. Const.Survey,Staking&As-built drawings Lump Sum 1 $7,500.00 0.5 $3,750.00 0.35 $2,600.00 0.85 $6,350.00 008, 4 in.Diam.CPEP Storm Sewer Pipe Linear Feet 30 $50.00 0 $0.00 0.00 $0.00 0.00 $0.00 009. Structural Fill for Cart Path Ton 4500 $6.00 4250.33 $25,501.98 401.90 $2,411.40 4652.23 $27,913.38 010. Crushed Surfacing Top Course Ton 150 $12.00 0 $0.00 250.73 $3,008.76 250.73 $3,008.76 Ott. Asphalt Concrete Pavement Class"i Ton 90 $110.00 0 $0.00 0.00 $0.00 0.00 $0.00 012. Topsoil Type A Ton 1100 $14.00 672.29 $9,412.06 682.84 $9,559.76 1355.13 $18,971.82 013. Sod Installation Square Yard 6200 $3.50 2222 $7,777.00 1111.33 $3,889.66 3333.33 $11,666.66 014. Irrigation Revisions Lump Sum 1 $3,000.00 0.5 $1,500.00 0.00 $0.00 0.50 $1,500.00 015. CO#1 Quarry Spalls Ton 260 $16.00 257.89 $4,126.24 0.00 $0.00 257.89 $4,126.24 016. CO#2 Premium Time Lump Sum 1 $1,000.00 0.76294 $762.94 0.00 $0.00 0.76 $762.94 Subtotal $76,955.22 $26,469.58 $103,424.80 8.8%Sales Tax $6,772.06 $2,329.32 $9,101.38 TT Total $83,727.28 $28,798.90 $112,526.18 W 31,/oz- Maplewood Golf Course Regrade Project Item Total% Tot, StormMNo. Description Paid to date This Previous PreviousAmt 001 Mobilization,Cleanup&Restoration 70% 100% 10,500.00 10,600.00 002 Locate and Protect Existing Utiltiies 1 00/0 1° 00% 1,000.00 1,000.00 003 Clearing and Grubbing 100% 100% 5,000.00 5 000.00 004 Removal of Structure and Obstructions 100% 100% 1,500.00 1,500.D0 005 ree Removal and Replanting 75% 0% 0.00 1,125.00 006 Temp Water Pollution Control/Erosion Control 100% 100% 5,000.00 ,000.00,,, 007 Const.Survey,Staking&As-built drawings 85% 100% 3,750.00 3,750,00 008 4 in.Diam.CPEP Storm Sewer Pipe 0% 100% 0.00 OM 009 [tructural Fill for Cart Path 103% 72% 18,361.43 25,501,98 010 rushed Surfacing Top Course 167% 100% 0.00 R0 & 011 sphalt Concrete Pavement Class"B" 0% 1100% 0.00 012 Topsoil Type A 123% 164% 6,023.72 j 013 Sod Installation 54% ;43% 1762.94 ,73296 014 Irrigation Revisions 50% 100% ,500.00 t% 015 0#1 Quarry Spalls 99% 100% 126.24 126.24 016 0#2 Premium Time 76% 100% 762.94_ Sub-totals $ $61257.28 $76,955.22 .088% Sales Tax $5,390,64 $6 772 06. /k r total split breakdown: 95% $ 5$19y 2 $73,107�' 5% $3,062.86 $3,847.76' �„ Tax '$5,390.64 $6,772.06' Total $: TF$66,647.92 $83,727.28' $28,7 APPLICATION AND CERTIFICATE FOR PAYMENT AIADOCUAIENTG702 TO(OCNIRA TOR): CR7d Reiner. PROJECT: firm tied Gdtcome APPUGATION NO: 6-Complete 1055 S.OraO/Way Relnon,WA 93M6 - PERIOD TO: 4rVYO2 FROM(SUf3CONTRAGTOR): City Transfer,frra VIA ARCHfTECT: ARCHITECT`S P.O.Box 1050 PROJECT NO: Sumrer,WA WRSO APPLIGITION DATE: 402(02 CONTRACT FOR: 05•19 OONTRACT DATE: Application is made for Payment,as Nlbaim below In oonnectionvAth thie—C—RnTr—act, CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703,isattached. CHANGE ORDER St RAWY 1,ORIGINAL CONFIRACT SUA 1121,F0.00 CHANGE ORDERS APPROVED IN ADDITIONS L:EDUCT01M. 2.Net dtarge by Ciattge Orden $9,721.40 PREVIOUS MONTHS BY OIVNER 3.CONTRACT 5UA7 TO DATE(line 1#2) 3131,32C43 4.TOTAL COMPLETED 8 STORED TO DATE 3127.8$4.01 5.RETAINAGE: NU76ER DATE APPROVED a. 596 o1fx1rplebsJ Mbk 39,392.70 1 111211101 $4,126.24 (Co*xm D`E on G703) 2 1112t(DI E762-94 (Cdrxm F on G700) 3 t44,032.20 Total Relanege(Law 5r+5b of (86.''W.70) TOW in Cdvwn 10 G703) -_-- -- G.TOTAL EANNEO LESS RETAOtAGE- - 3121,461.34 (lift 4less tin S Teltl) 7.LEM PREVKX-18 CEHIIFICATES FOR $116.104.40 TOTALS $0,721.48 9Drx7 PAYMENT(Una 6hcm p(rrCartifale) NET CWINGE BY CHANGE ORDERS :e,721 AS 8. LINE 6 LESS UAE 7 TA,75654 Ito undersigned Conliamt certifies thalto the hest of trpe Conumwes knuvtedge, YVasht-etn Butte Saks Tax Q8.8% 36,097.30 S"0.64 idwnmdon and teiiel the veorko^, dby this Appli=ion(crPa.Irnsm has been 9.CURRENT PAYMENT DUE t5,197.58 mmpkled neewntance veins the Contrecl Dowmtnbs,dim aT apv: its ha�v been 10.BALANICE TO FlNEJi $0.00 pad b7 Ua Ca*zcloi Tor lAbrk lot with ch prev caa Owl ncates for Palmaryi were (Inclsliy Retas'wge) issued and pal,"woU.tecelrvd Iran tie Owner,and Thal mrrerd Eayrnen(stnvtn fasten is rave 6A. SUBCONTRACTOR_ tG Swe of YVastingtcn Countyot Pierce `r L � Stbsaibed and to before me Ills 22nti / n 1 ' %\ ��c,\ON CC' Notary PubFc: /! BY: tCrifh R.1xrkson Pt m DATE Apri 22,20M My Cowan a9ixrdrprimr: 1-19-04 .��NOTAR Y/9m Ili ARCHITECTS CERTIFIGnTE FOR PAYMENT AMOUNTCERT`WIEO.....__._............................................. ...,.. in a corda+s vi h tie Conhael Dawmants,tcaat6 cn crvs to obse velian end fie V4f9chtexpl3na1hn f amounl cerfRed dBrs from tee arnouM applied for.) i dat9mlrA%ng tha atclm applralrn,the Arddecl cerlirms 10 ltm Ovmtgvf 10the ARCMTECT: �,9 best d We Irbtfepb kncv/irfge,r*rr mbun ad belef tYa'sVont hts p(ogressni as Br Dale: ��✓]`w f> rAftated,tw,qualN of the Wosk at in aroxd ante vnth fie ConbrCI Dowmanb,amf This Ce tifirate is nct negol ab6.Tie Ahi=JT CERTIFI EO is pyabb erly b the Or/tlra4101 is etdtied h pa)mem of Ito AAKJUNT CEPTIFED, the Ccntracbl r*ATwd herein.Iasoanoe,palmonl and aoa4Aama d FePn an are Mil how pr*ud ve to 9rf r4ft Ol the Oxr of C,cciracl el t rrXi th K Corhaci. AIA DOCUMENT G702'APPLICATION AND CERTIFICATE FOR PAYMENT'MAY 1983 EDITION'AIA`C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 r w CONTINUATION SHEET Maplewood Goif Course CITY TRANSFER,INC,. ALA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO: g APPLICATION DATE: 4/22/0 containing Contractor's signed Ce+tification,is attached. PERIOD TO: 4130102 In tabulations below,amounts ate stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H ) BID WORK COMPLET ED MAILWALN TOTAL HAL.ANCE RETAINAGE ITEM DESCRIPTION OF WORK APPRO UNIT ADJUSTED SCHEDULED FROI,P PREVIOUS PRESENTLY COMPLETED % TO OF VARIABLE NO, QUA N. PRICE QUANTITY VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FNISH RATE) (D&E) IN D OR E 10 DATE (C-G) 1 AOobilizaiion LS 15,00D.DO 15,OD0.00 /15,D00.00 100% 750.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.D0 ✓1,000.00 1 Ott% 50.00 3 Clearing&Grubbing LS 5,000.0D 5,00D.00 - J 5,00.00 100% 250.00 4 Removal of Struidure a ObMruction LS 1,500.00 1,500.0 //1.500,00 1DrM 75,00 5 Tree Removal&Replanting LS 1,500.00 1.12500 - 1,125.00 75°k 5625 6 Temp.Water PollutionlEroSion Conlr. LS 10,0D0.00 10,00.00 - /10,000.00 100% 500,00 7 Constr.Survey.Staking&As-built LS 7,500,00 7.325.00 175,00 V17,500.00 100% 375.00 DTT99s 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,5D0.00 - Deleted 0% 9 Structural Fill for Cart Path TN 4500 6.OD 4.652.23 27.913.38 27.913.38 /27,913.38 4652.23 1,395 67 10 Crushed Surfacing Top Course TN 150 12.00 1,80D.OD 3,415.8D 3.415.80 284.65 170.79 11 Asphaft Conc, Pavement Class B TH 90 110.D0 9.900.00 9,414 90 9,414.90 85.59 470.75 12 Topsoil Type A TN t 10D 14.00 15,400.00 18,971 82 18,971.82 1355.13 948.59 13 Sod Installation SY 6200 3.50 21,700A0 14,291 66 14,291.66 4083.33 714.58 14 frrgation Revisions LS 3,000.00 3.000.00 3.000.00 100% - 150.00 C/O#1 Quarry Spells 4,126.24 4.126.24 4,126.24 100% 206.31 00#2 Premium Time 762.94 762.94 762.94 100% 38.15 CIO#3 CTB Subgrade 4.832,30 4,832.30 4.832.30 100% 241.62 132,434.86 122,846.74 5,007.30 0.00 127,854.D4 fi,392.7D City Transfer,Inc. I R A c To City Transfer, Inc. ctrr 1 RANSAS? v TO: Gary Schimek COMPANY: City of Renton DATE: 4122102 FROM Tawnya Martin TOTAL # OF 3 (INCLUDING COVED SUBJECT: Maplewood Golf Course Please note: Gary, .I don't have copies of the Change Orders. Could you please send me copies? Thanks IF YOU DO NOT RECEIVE ALL OF THESE PLEASE CALL: #: (253)$50-1775 FAX#: (253)$30-1797 THIS DOCUMENT IS,BEING TRANSMITTED TO FAX(425) 430-724I APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENTG702 TO(CONTRACTOR): City of Renton PROJECT. Maplewood Golf Course APPLICATION NO 6 1055 S.Grady Way Renton,WA 98055 PERIOD TO: 3/29/02 FROM(SUB-CONTRACTOR): City Transfer,Inc. VIA ARCHITECT: ARCHITECTS P.O.Box 1850 PROJECT NO: Sumner,WA 98390 APPLICATION DATE: 3129/02 CONTRACT FOR: 01-19 CONTRACT DATE Application is made for Payment,as shown below in connection with the Contract, CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $121,800,00 CHANGE ORDERS APPROVED IN ADDITIONS DEDUCTIONS 2.Net change by Change Orders $4,889.18 PREVIOUS MONTHS BY OWNER 3.CONTRACT SUM TO DATE(Line 1+2) $126,689.18 4.TOTAL COMPLETED 8 STORED TO DATE $122,846.74 5.RETAINAGE: NUMBER DATE APPROVED a. 5%of Completed Work $6,142,34 1 11/21/01 $4,126,24 (Column D+E on G703) 2 11/21/01 $762,94 (Column F on G703) Total Retainage(Line 5a+5b or ($6,142.34) Total in Column I of G703) 6.TOTAL EARNED LESS RETAINAGE $116,704.40 (Line 4 less Line 5 Total) 7.LESS PREVIOUS CERTIFICATES FOR $98,253,56 TOTALS $4,889A8 $0.00 PAYMENT(Line 6 from prior Certificate) NET CHANGE BY CHANGE ORDERS $4,889.18 8. LINE 6 LESS LINE 7 $18,450.84 The undersigned Contractor certifies that to the best of the Contractors knowledge, Washington State Sales Tax @ 8.8% $19,421.94 $1,709,13 information and belief the work covered by this Application for Payment has been 9.CURRENT PAYMENT DUE $20,159,97 completed in accordance with the Contract Documents,that all amounts have been 10.BALANCE TO FINISH $0.00 paid by the Contractor for Work for which previous Certificates for Payment were (Including Retainage) issued and payments received from the Owner,and that current payment shown herein is now due. SUB-CONTRACTOR; CITYT NSF NC Slate of:Washington County of: Pierce \\P L: 2 Subscribed a nto'before me this 29t day f March,2002 b. ` 1 / Notary Commission Wts(,7y-l.C� /�` ••\GJS �-1,�•• ,� BY. N 1 �i DATE:March 29,2002 My Commission xpires: 1-19-04 / Keith R.Benson-President or .•o rAOTAR Y �M, :U CA PUBLIC i ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED... .................. ..._............_... $� •• � / In accordance with the Contract Documents,based on on-site observation and the Attach explanation if amount certified differs from the amount applied for data comprising the above application,the Architect certifies to the Owner that to the ARCHITECT: �,�'j/�� �, •' � best of the Architect's knowledge,information and belief the Work has progressed as By: Date r�,A'wC •� indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to \\\\\Y\♦`ff��`77` the Contractor is entitled to payment of the AMOUNT CERTIFIED. the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract AIA DOCUMENT G702*APPLICATION AND CERTIFICATE FOR PAYMENT*MAY 1983 EDITION*AIA*C 198ECEIVE� THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 APR - 2 2002 CITY OF RENTON UTILITY SYSTEMS CONTINUATION SHEET Maplewood Golf Course CITY TRANSFER, INC. + APPLICATION NO: 5 AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 3/29/02 i containing Contractor's signed Certification,is attached. PERIOD TO: 3/27/02 In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT ADJUSTED SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO. QUAN. PRICE QUANTITY VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 10,500.00 4,500.00 15,000.00 100% 750.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 - 1,000.00 100% 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 5,000.00 100% 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 1,500.00 100% 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 10,000.00 - 10,000.00 100% - 500.00 7 Constr.Survey,Staking&As-built LS 7,500.00 6,350.00 975.00 7,325.00 98% 175.00 366.25 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - Deleted 0% - - 9 Structural Fill for Cart Path TN 4500 6.00 4,652.23 27,913.38 27,913.38 - 27,913.38 4652.23 1,395.67 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 3,008.76 407.04 3,415.80 284.65 - 170.79 11 Asphalt Conc.Pavement Class B TN 90 110.00 9,900.00 9,414.90 9,414.90 85.59 485.10 470.75 12 Topsoil Type A TN 1100 14.00 15,400.00 18,971,82 - 18,971.82 1355.13 - 948.59 13 Sod Installation SY 6200 3.50 21,700.00 11,666.66 2,625.00 14,291.66 4083.33 714.58 14 Irrigation Revisions LS 3,000.00 1,500.00 1,500.00 3,000.00 100% 150.00 C/O#1 QuarrySpalls 4,126.24 4,126.24 - 4,126.24 100% 206.31 C/O#2 Premium Time 762.94 762.94 - 762.94 100% - 38.15 127,602.56 103,424.80 19,421.94 0.00 122,846.74 1,035.10 6,142.34 City Transfer, Inc. APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENTG702 TO(CONTRACTOR): City of Renton PROJECT: Maplewood Golf Course APPLICATION NO: 4 1055 S.Grady Way Renton,WA 98055 PERIOD TO: 2128/02 FROM(SUB-CONTRACTOR): City Transfer,Inc. VIA ARCHITECT: ARCHITECTS P.O.Box 1850 PROJECT NO Sumner,WA 98390 APPLICATION DATE: 2/27102 CONTRACT FOR: 01-19 CONTRACT DATE: Application is made for Payment,as shown below In connection with the Contract, CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $121,800.00 CHANGE ORDERS APPROVED IN ADDITIONS DEDUCTIONS 2.Net change by Change Orders $4,889A8 PREVIOUS MONTHS BY OWNER 3.CONTRACT SUM TO DATE(Line 1+2) $126,689A8 4.TOTAL COMPLETED&STORED TO DATE $104,424.80 5.RETAINAGE: NUMBER DATE APPROVED a. 5%of Completed Work $5,221.24 1 11/21/01 $4,126.24 (Column D+E on G703) 2 11/21/01 $762,94 (Column F on G703) Total Retainage(Line 5a+5b or ($5,221.24) Total in Column I of G703) 6.TOTAL EARNED LESS RETAINAGE $99,203.56 (Line 4 less Line 5 Total) T LESS PREVIOUS CERTIFICATES FOR $83,788.04 TOTALS $4,889.18 I PAYMENT(Line 6 from prior Certificate) NET CHANGE BY CHANGE ORDERS $4,889.18 8. LINE 6 LESS LINE 7 $15,415,52 The undersigned Contractor certifies that to the best of the Contractors knowledge, Washington State Sales Tax @ 8.8% $16,226.86 $1,427,96 information and belief the work covered by this Application for Payment has been 9.CURRENT PAYMENT DUE $16,843.48 completed in accordance with the Contract Documents,that all amounts have been 10.BALANCE TO FINISH $0.00 paid by the Contractor for Work for which previous Certificates for Payment were (Including Retainage) issued and payments received from the Owner,and that current payment shown herein is now due. SUB-CONT TOR: ITY TR SFER,IN State of:Washington County of: Pierce � � ��lk Subscribed a o before m�Fa NotaryPublicBY TE.February27,2002 My Commissione Tres. 1-19-04 •• �A•.?j e And r o -Se etary / 411�AOTAA y 9••• ��� V _ U) ARCHITECT'SCE RPAYMENT AMOUNT CERTIFIED.. ................ .___.... .........___.. st fpr I In accordance with fhe .ntract Documents,based on on-site observation and the (Attach explanation if amount certified differs from the amount applied f�) ,.n~^• � ° data comprising the above application,the Architect certifies to the Owner that to the ARCHITECT: �' V�•• • '� 9•*�a • r' ',y best of the Architect's knowledge,information and belief the Work has progressed as By: Dater •••' r w�pJt♦rr indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only tl�l•!i'Ww�\_ Ii the Contractor is entitled to payment of the AMOUNT CERTIFIED. the Contractor named herein.Issuance,payment and acceptance of payment Y`1I`F1+3�`+�, are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702'APPLICATION AND CERTIFICATE FOR PAYMENT*MAY 1983 EDITION'AIA'C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 CONTINUATION SHEET Maplewood Golf Course CITY TRANSFER, INC. APPLICATION NO: 4 AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 2/27/02 containing Contractor's signed Certification,is attached. PERIOD TO: 2/28/02 In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO. QUAN. PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 10,500.00 - 10,500.00 70% 4,500.00 525.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 - - 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 - - 5,000.00 01 100% - 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 - - 1,500.00 00, 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 - - 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 9,500.00 500.00 - 10,000.00 100% - 500.00 7 Constr.Survey,Staking&As-built LS 7,500.00 7,350.00 - - b l0 (7,350.00 98% 150.00 367.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - Deleted 0% - - 9 Structural Fill for Cart Path TN 4500 6.00 27,000.00 25,501.98 2,411.40 - 27,913.38 4652.23 (913.38) 1,395.67 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 3,008.76 - 3,008.76 250.73 - 150.44 11 Asphalt Conc.Pavement Class B TN 90 110.00 9,900.00 - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.00 15,400.00 12,554.78 6,417.04 - 18,971.82 1355.13 - 948.59 13 Sod Installation SY 6200 3.50 21,700.00 7,777.00 3,889.66 - 11,666.66 3333.33 - 583.33 14 Irrigation Revisions LS 3,000.00 1,500.00 - - 1,500.00'/ 50% 1,500.00 75.00 C/O#1 QuarrySpalls 4,126.24 4,126.24 - - 4,126.24 100% - 206.31 C/O#2 Premium Time 762.94 762.94 - 762.94 100% - 38.15 126,689.18 88,197.94 16,226.86 0.00 104,424.80 15,511.62 5,221.24 City Transfer, Inc. t APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENTG702 TO(CONTRACTOR): City of Renton PROJECT: Maplewood Golf Course APPLICATION NO: 3-revised 1055 S.Grady Way Renton,WA 98055 PERIODTO: 1/31102 FROM(SUB-CONTRACTOR): City Transfer,Inc. VIA ARCHITECT. ARCHITECT'S P.O.Box 1850 PROJECT NO: Sumner,WA 98390 APPLICATION DATE: 2111102 CONTRACT FOR: 01-19 Op._ .. CONTRACT DATE, C• Application Is made or Payment,as shown ow In connection with the Contract, CONTRACTOR'S APPLICATION FOR PAYMENT F > �,' Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY C/'Y , /f 1.ORIGINAL CONTRACT SUM $121,800.00 CHANGE ORDERS APPROVED IN ADDITIONS DEDUCTIONS T/C/0h �S 2.Net change by Change Orders $4,889.18 PREVIOUS MONTHS BY OWNER. !S�Fiy 3.CONTRACT SUM TO DATE(Line 1+2) $126,689.18 ST��SOr y 4.TOTAL TA 5. NUMBER DATE APPROVED a. 5%of Completed Work $4,409.90 1 11/21/01 $4,126.24 (Column DIE on G703) 2 11/21/01 $762.94 (Column F on G703) Total Retainage(Line 5a+5b or ($4,409.90) Total in Column I of G703) 6.TOTAL EARNED LESS RETAINAGE $83,788+04 (Line 4 less Line 5 Total) 7.LESS PREVIOUS CERTIFICATES FOR $73,107.46 TOTALS $4,889+18 $0.00 PAYMENT(Line 6 from prior Certificate) NET CHANGE BY CHANGE ORDERS $4,889,18 8. LINE 6 LESS LINE 7 $10,680.58 The undersigned Contractor certifies that to the best of the Contractor's knowledge, Washington State Sales Tax @ 8.8% $11,242.72 $989.36 information and belief the work covered by this Application for Payment has been 9.CURRENT PAYMENT DUE $11,669.94 completed in accordance with the Contract Documents,that all amounts have been 10.BALANCE TO FINISH $42,901.14 paid by the Contractor for Work for which previous Certificates for Payment were (Including Retainage) issued and payments received from the Owner,and that current payment shown herein is now due. SUB-CONTRACTOR: CIT NSF�&�M1C, .'� State of:Washington County of: Pierce Subscribed an A �, 441 rr���.�.��// to before me this 1 h F bruary,200 \ .•••• �r 1 Notary Public: 7) v" "� `-, i v S\ON / BY: DATE:February 11,2002 My Commission xpires: 1-19-04 / Keith R.Benson-President •O \40TA R y im• �/ ' p r Cn ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED............................. $/ PUBL%G /. ................................ In accordance with the Contract Documents,based on on-site observation and the (Attach explanation if amount certified differs from the amount applied for •• j data comprising the above application,the Architect certifies to the Owner that to the ARCHITECT: (, ��jj•��• 1� g_�a �/ best of the Architect's knowledge,information and belief the Work has progressed as By: Date: ^`"'w•C�-^� = indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to ,`� W the Contractor is entitled to payment of the AMOUNT CERTIFIED. the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702'APPLICATION AND CERTIFICATE FOR PAYMENT'MAY 1983 EDITION`AIA'C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 CONTINUATION SHEET Maplewood Golf Course CITY TRANSFER, INC. % APPLICATION NO: 3-revised AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 2/4/02 containing Contractor's signed Certification,is attached. PERIOD TO: 1/31/02 In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may app!y. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO. QUAN. PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 10,500.00 �' - - 10,500.00 70% 4,500.00 525.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 0V - - 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 0� - - 5,000.00 100% - 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 �� - - 1,500.00 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 b� - - 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 5,000.00 O\L 4,500.00 - f 9,500.00 95% 500.00 475.00 7 Constr.Survey,Staking&As-built LS 7,500.00 3,750.00 0� 3,600.00 - I 7,350.00 98% 150.00 367.50 %ahgs 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - 0% 1,500.00 - 9 Structural Fill for Cart Path TN 4500 6.00 27,000.00 25,501.98 0* - - 25,501.98 4250.33 1,498.02 1,275.10 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 tm" - - - 0% 1,800.00 - 11 Asphalt Conc. Pavement Class B TN 90 110.00 9,900.00 OV' - - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.00 15,400.00 9,412.06 10- 3,142.72 - 12,554.78 896.77 2,845.22 627.74 13 Sod Installation SY 6200 3.50 21,700.00 7,777.00 0*- - - 7,777.00 2222.00 13,923.00 388.85 14 Irrigation Revisions LS 3,000.00 1,500.00 0' - - 1,500.00 50% 1,500.00 75.00 C/O#1 Quarry Spalls 4,126.24 4,126.24 0*- - - 4,126.24 100% - 206.31 C/O#2 Premium Time 762.94 762.94 O* - 762.94 100% - 38.15 126,689.18 76,955.22 11,242.72 0.00 88,197.94 38,491.24 4,409.90 City Transfer, Inc. RECEIVED � JAN 3 1 2mg CITY OF RENTON APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENTG702 t►T►L►Tv sv �us TO(CONTRACTOR): City of Renton PROJECT: Maplewood Golf Course APPLICATION NO: 3 1055 S.Grady Way Renton,WA 98055 PERIOD TO: 1131/02 FROM(SUB-CONTRACTOR): City Transfer,Inc. VIA ARCHITECT: ARCHITECTS P.O.Box 1850 PROJECT NO: Sumner,WA 98390 APPLICATION DATE: 1/28/02 CONTRACT FOR: 01-19 CONTRACT DATE: Application is made for Payment,ass own below In connection with the Contract, CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $121,800.00 CHANGE ORDERS APPROVED IN ADDITIONS DEDUCTIONS 2.Net change by Change Orders $4,889,18 PREVIOUS MONTHS BY OWNER 3.CONTRACT SUM TO DATE(Line 1+2) $126,689.18 4.TOTAL COMPLETED&STORED TO DATE $90,534.76 5.RETAINAGE: NUMBER DATE APPROVED a. 5%of Completed Work $4,526,74 1 11/21/01 $4,126.24 (Column D+E on G703) 2 11/21/01 $762+94 (Column F on G703) Total Retainage(Line 5a+5b or ($4,526.74) Total in Column I of G703) 6.TOTAL EARNED LESS RETAINAGE $86,008+02 (Line 4 less Line 5 Total) 7.LESS PREVIOUS CERTIFICATES FOR $78,619.87 TOTALS $4,889.18 $0.00 PAYMENT(Line 6 from prior Certificate) NET CHANGE BY CHANGE ORDERS $4,889A8 8. LINE 6 LESS LINE 7 $7,388.15 The undersigned Contractor certifies that to the best of the Contractor's knowledge, Washington State Sales Tax @ 8.8% $7,777.00 $684,38 information and belief the work covered by this Application for Payment has been 9.CURRENT PAYMENT DUE $8,072.53 completed in accordance with the Contract Documents,that all amounts have been 10.BALANCE TO FINISH $40,681.16 paid by the Contractor for Work for which previous Certificates for Payment were (Including Retainage) issued and payments received from the Owner,and that current payment shown herein is now due. SUB-CONTRACTOR: C Y TRAN R, C State of:Washington County of: Pierce X {/�//1� Subscribed and svvv///���mmm to before me this 28th y of January,2002 j� \�js1O,v� •,��il tli, //��/,(J� Notary Public /y / � ?V4 T BY: [/�I _(/ DATE:January 28,2001 My Commissio expires: 1-19-04 / O 1 AKeith R.Benson-President 0 : U) PdO • ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED... ................................... $ /� �••••, •.•• j In accordance with the Contract Documents,based on on-site observation and the (Attach explanation if amount certified differs from the amount applied for.) r� r data comprising the above application,the Architect certifies to the Owner that to the ARCHITECT: 1 �OF •••' \� best of the Architect's knowledge,information and belief the Work has progressed as By: Dale: 1 WAST"` indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor is entitled to payment of the AMOUNT CERTIFIED. the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702'APPLICATION AND CERTIFICATE FOR PAYMENT'MAY 1983 EDITION`AIA`C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 CONTINUATION SHEET Maplewood Golf Course CITY TRANSFER, INC. + APPLICATION NO: 3 AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 1/28/02 containing Contractor's signed Certification,is attached. PERIOD TO: 1/31/02 In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO. QUAN. PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 13,500.00 13,500.00 90% 1,500.00 675.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 - 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 - - 5,000.00 100% 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 - - 1,500.00 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 - - 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 9,500.00 - - 9,500.00 95% 500.00 475.00 7 Constr. Survey,Staking&As-built LS 7,500.00 7,350.00 - - 7,350.00 98% 150.00 367.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - 0% 1,500.00 - 9 Structural Fill for Cart Path TN 4500 6.00 27,000.00 24,838.80 - 24,838.80 4139.80 2,161.20 1,241.94 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 - - 0% 1,800.00 - 11 Asphalt Conc.Pavement Class B TN 90 110.00 9,900.00 - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.00 15,400.00 12,554.78 - 12,554.78 896.77 2,845.22 627.74 13 Sod Installation SY 6200 3.50 21,700.00 - 7,777.00 7,777.00 2222 13,923.00 388.85 14 Irrigation Revisions LS 3,000.00 1,500.00 - 1,500.00 50% 1,500.00 75.00 C/O#1 Quarry Spalls 4,126.24 4,126.24 - 4,126.24 100% - 206.31 C/O#2 Premium Time 762.94 762.94 - 762.94 100% - 38.15 126,689.18 82,757.76 7,777.00 0.00 90,534.76 36,154.42 4,526.74 City Transfer, Inc. ES 5878 TAK,INC. 253-863-4025 - P.O. BOX 1 , KEN T WA 935 io4s t �a PHONE (25 Ns .._ ' ADE3RE� N, x �AY GOLIP� COURSE raU(-lc NUMj3CR CT1PO=: 9 - I CRUSHED.K)CI< MIS g : BLTL Pro d-u 2174701/80 MIX GRASS V)440 Lbs TAB 43620 Us WAS ED AGGREGATESNET. 61 --- -- - - Set TO i : j,,9 LoadsToday PIT R'UN Tons ' o Wei tBt48 rn ea _ m DRIVER f€ TONS UNIT AMOUNT REC'D PRICE BY Thy se lerras not,mace,and does not make, any other warranties, express or implied, in connection with this Order and there are no conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTl will not be held liable for any damage in delivery of33said material. TOTAL �� o�, 4 LAWN PHONES; JB Instant Lawn, Inc. SALEM (503)581-7823 5289 BLUEGRASS LANE,NE SEATTLE (425) B21-0444 SILVERTON,OREGON 97381-9668 PORTLAND (503)228-1264 NURSERY OFFICE (888)468-6440' www.jbinstantlawn.net w • . •. . •I 111 LD ITEM NUMBER QTY.SHIPPED DESCRIPTION PRICE I EXTENSION WA PREMIUM JNS"rANT LAWN PALLETS NO NET PRICE. PER BID V. GROSS � 1��t" a�'� tr�y� . • PALLETS • • RETURNEDt^41� 1 ?:-d � • • • •: _ • : . • • • • • • •••• :. . . • • •. `. te.,' f Via-(,,.}�,��4•.{„9°"ia.(��M+���t«. TOTAL. 6'. t"�•-c;,: �*^6•.�4"�,,�:.` LAWN PHONES: JB Instant Lawn, Inc. SALEM (503)581-7823 5289 BLUEGRASS LANE,NE SEATTLE (425)821`-0444 SILVERTON,OREGON 97381-9668 PORTLAND (503)`,228-1264 o NURSERY OFFICE(888)468-6440' www.jbinstantlawn.net ,C ZONE MIMIC RENTON •� ms DELIVERY DATE LID ITEM NUMBER OTY.SHIPPED DESCRIPTION PRICE I EXTENSION IWA PREMIUM INSTANT LAWN PALLETS NO NE'r SOD PRICE PER BID GROSS -'6 PALLET • RETURNED >• .:�, ; .• :. ... �_ .� : . � . .� - . .: �. . � •- ^l��•.F�'"�.,���:L�'''�+.-.aAdd,:iq�w�{��,�._,Jf��'r%�wt".'���"..��.'`:,•� Dr •• • • ••:•• •• • •• • • • •••• .�.`tom, q�•L'°L41 '#�..�'1..� i�."("'�-•• '�!'b"`-•_:•. R.. • : •• • 1.1••• ••- • :•• • •. • 1 • •. •: : • : • MI'':I tp5 11���((fggwww.I`�J' ���J �W�����.i TOTAL � � • � J�rrL APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENTG702 TO(CONTRACTOR): City of Renton PROJECT: Maplewood Golf Course APPLICATION NO: 2-revised 1065 S.Grady Way Renton,WA 98055 PERIOD TO: 12/31/01 FROM(SUB-CONTRACTOR): City Transfer,Inc. VIA ARCHITECT: ARCHITECTS P.O.Box 1850 PROJECT NO: Sumner,WA 98390 APPLICATION DATE: 2/11102 CONTRACT FOR: 01-19 CONTRACT DATE: Application Is made for Payment,ass own elow in connection with the Contract, CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $121,800.00 CHANGE ORDERS APPROVED IN ADDITIONS DEDUCTIONS 2.Net change by Change Orders $4,889.18 PREVIOUS MONTHS BY OWNER 3.CONTRACT SUM TO DATE(Line 1+2) $126,689.18 4.TOTAL COMPLETED&STORED TO DATE $76,955.22 5.RETAINAGE: NUMBER DATE APPROVED a. 5%of Completed Work $3,847.76 1 11121/01 $4,126.24 (Column D+E on G703) 2 11/21/01 $762,94 (Column F on G703) Total Retainage(Line 5a+5b or ($3,847.76) Total in Column I of G703) 6.TOTAL EARNED LESS RETAINAGE $73,107+46 (Line 4 less Line 5 Total) 7.LESS PREVIOUS CERTIFICATES FOR $61,596.14 TOTALS $4,889.181 $0.00 PAYMENT(Line 6 from prior Certificate) NET CHANGE BY CHANGE ORDERS $4,889.18 8. LINE 6 LESS LINE 7 $11,511.32 The undersigned Contractor certifies that to the best of the Contractor's knowledge, Washington State Sales Tax @ 8.8% $12,117,18 $1,066.31 information and belief the work covered by this Application for Payment has been 9.CURRENT PAYMENT DUE $12,577.63 completed in accordance with the Contract Documents,that all amounts have been 10.BALANCE TO FINISH $53,581.72 paid by the Contractor for Work for which previous Certificates for Payment were (Including Retainage) issued and payments received from the Owner,and that current payment shown herein is now due. SUB-CONTRACTOR: TY T R,1 State of:Washington County of: Pierce `�`P• Mq\`1 Subscribed to before me this 11th day of February, \�S\0 Notary Public: v- BY: DATE:February 11,2002 My Commissio xpires: 1-19-04 •o TARY �m Keith R.Benson-President `v oe O :U Cn; 1'UBUC ARCHITECTS CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED.......__._._._.__......................._....._....... $ In accordance with the Contract Documents,based on on-site observation and the (Attach explanation if amount certified differs from the amount applied for.) �I �� n_C—N data comprising the above application,the Architect certifies to the Owner that to the ARCHITECT: best of the Architect's knoWed e,information and belief the Work hasprogressed asBy: �OF,A'wC�`_9 Dater YYF�.7 indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor is entitled to payment of the AMOUNT CERTIFIED. the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702`APPLICATION AND CERTIFICATE FOR PAYMENT'MAY 1983 EDITION'AIA'C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 CONTINUATION SHEET Maplewood Golf Course CITY TRANSFER, INC. APPLICATION NO: 2- revised AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 2/4/02 containing Contractor's signed Certification,is attached. PERIOD TO: 12/31/01. In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO. QUAN. PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 10,500.00 - 10,500.00 70% 4,500.00 525.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 - 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 - - 5,000.00 100% - 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 - - 1,500.00 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 - - 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 5,000.00 - - 5,000.00 50% 5,000.00 250.00 7 Constr.Survey,Staking&As-built LS 7,500.00 3,750.00 - - 3,750.00 50% 3,750.00 187.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - - 0% 1,500.00 - 9 Structural Fill for Cart Path TN 4500 6.00 27,000.00 24,199.80 1,302.18 - 25,501.98 4250.33 1,498.02 1,275.10 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 - - - 0% 1,800.00 - 11 Asphalt Conc. Pavement Class B TN 90 110.00 9,900.00 - - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.00 15,400.00 6,374.06 3,038.00 - 9,412.06 672.29 5,987.94 470.60 13 Sod Installation SY 6200 3.50 21,700.00 7,777.00 - 7,777.00 2222.00 13,923.00 388.85 14 Irrigation Revisions LS 3,000.00 1,500.00 - - 1,500.00 50% 1,500.00 75.00 C/O#1 Quarry Spalls 4,126.24 4,126.24 - 4,126.24 100% - 206.31 C/O#2 Premium Time 762.94 762.94 - 762.94 100% - 38.15 126,689.18 64,838.04 12,117.18 0.00 76,955.22 49,733.96 3,847.76 City Transfer, Inc. APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENTG702 TO(CONTRACTOR): City of Renton PROJECT: Maplewood Golf Course APPLICATION NO 2 1055 S.Grady Way Renton,WA 98055 PERIOD TO: 12/31/01 FROM(SUB-CONTRACTOR): City Transfer,Inc. VIA ARCHITECT: ARCHITECTS P.O.Box 1850 PROJECT NO* Sumner,WA 98390 APPLICATION DATE: 12/27/01 CONTRACT FOR: 01-19 CONTRACT DATE: Application Is made for Payment,ass own below in connection with the Contract, CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $121,800.00 CHANGE ORDERS APPROVED IN ADDITIONS DEDUCTIONS 2.Net change by Change Orders $4,889,18 PREVIOUS MONTHS BY OWNER 3.CONTRACT SUM TO DATE(Line 1+2) $126,689.10 4.TOTAL COMPLETED&STORED TO DATE $82,757.76 5.RETAINAGE: NUMBER DATE APPROVED a. 5%of Completed Work $4,137.89 1 11/21101 $4,126.24 (Column DIE on G703) 2 11/21/01 $762.94 (Column F on G703) Total Retainage(Line 5a+5b or ($4,13T89) Total in Column I of G703) 6.TOTAL EARNED LESS RETAINAGE $78,619.87 (Line 4 less Line 5 Total) 7.LESS PREVIOUS CERTIFICATES FOR $61,596.14 TOTALS $4,889.18 $0.00 PAYMENT(Line 6 from prior Certificate) NET CHANGE BY CHANGE ORDERS $4,889.18 8. LINE 6 LESS LINE 7 $17,023.73 The undersigned Contractor certifies that to the best of the Contractor's knowledge, Washington State Sales Tax @ 8.8% $17.919.72 $1,576.94 information and belief the work covered by this Application for Payment has been 9.CURRENT PAYMENT DUE $18,600.67 completed in accordance with the Contract Documents,that all amounts have been 10.BALANCE TO FINISH $48,069.31 paid by the Contractor for Work for which previous Certificates for Payment were (Including Retainage) issued and payments received from the Owner,and that current payment shown herein is now due. SUB-CONTRACTO Y TRANSF C. State of:Washington County of. Pierce ..••. Subscribed anrZ•s�wor/gip before me this 271h day ce f 2001 j'Q�.••sCj�ON�••. �/ li Notary Public: /� �\ �A•' f/ BY: DATE:December 27,2001 My Commission e)Pves: 1-19-04 i \OTAR y i •' �� Keith R.Benson-President / •O m of / PUBUGi ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED................................................................ $ '• �1 j In accordance with the Contract Documents,based on on-site observation and the (Attach explanation if amount certified differs from the amount applied for.) I ,rf �'�9 •',� data composing the above application,the Architect certifies to the Owner that to the ARCHITECT �,1� ••••'�\�_ best of the Architect's knowledge,information and belief the Work has progressed as By: Dater OF W `� indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to \ \\���`►� the Contractor is entitled to payment of the AMOUNT CERTIFIED. the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702'APPLICATION AND CERTIFICATE FOR PAYMENT`MAY 1983 EDITION"AIA`C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 CONTINOATION SHEET Maplewood Golf Course CITY TRANSFER, INC. APPLICATION NO: 2 AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 12/27/01 containing Contractor's signed Certification,is attached. PERIOD TO: 12/31/01 In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO. CLAN, PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 10,500.00 3,000.00 13,500.00 90% 1,500.00 675.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 - 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 - 5,000.00 100% 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 - 1,500.00 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 - 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 5,000.00 4,500.00 - 9,500.00 95% 500.00 475.00 7 Constr.Survey,Staking&As-built LS 7,500.00 3,750.00 3,600.00 - 7,350.00 98% 150.00 367.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - 0% 1,500.00 - 9 Structural Fill for Cart Path TN 4500 6.00 27,000.00 24,199.80 639.00 - 24,838.80 4139.80 2,161.20 1,241.94 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 - - - 0% 1,800.00 - 11 Asphalt Conc.Pavement Class B TN 90 110.00 9,900.00 - - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.00 15,400.00 6,374.06 6,180.72 - 12,554.78 896.77 2,845.22 627.74 13 Sod Installation SY 6200 3.50 21,700.00 - - - 0% 21,700.00 - 14 Irrigation Revisions LS 3,000.00 1,500.00 - - 1,500.00 50% 1,500.00 75.00 C/O#1 Quarry Spalls 4,126.24 4,126.24 - - 4,126.24 100% - 206.31 C/O#2 Premium Time 762.94 762.94 - 762.94 100% - 38.15 126,689.18 64,838.04 17,919.72 0.00 82,757.76 43,931.42 4,137.89 City Transfer, Inc. CUNTINl7ATION SHEET Maplewood Golf Course CITY TRANSFER, INC. APPLICATION NO: 2 AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 12/27/01 containing Contractor's signed Certification,is attached. PERIOD TO: 12/31/01 In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO. QUAN. PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 10,500.00 3,000.00 13,500.00 90% 1,500.00 675.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 - - 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 - 5,000.00 100% 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 - 1,500.00 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 - 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 5,000.00 4,500.00 9,500.00 95% 500.00 475.00 7 Constr.Survey,Staking&As-built LS 7,500.00 3,750.00 3,600.00 7,350.00 98% 150.00 367.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - - 0% 1,500.00 - 9 Structural Fill for Cart Path TN 4500 6.00 27,000.00 24,199.80 639.00 24,838.80 4139.80 2,161.20 1,241.94 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 - - - 0% 1,800.00 - 11 Asphalt Conc.Pavement Class B TN 90 110.00 9,900.00 - - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.00 15,400.00 6,374.06 6,180.72 12,554.78 896.77 2,845.22 627.74 13 Sod Installation SY 6200 3.50 21,700.00 - - - 0% 21,700.00 - 14 Irrigation Revisions LS 3,000.00 1,500.00 - 1,500.00 50% 1,500.00 75.00 C/O#1 Quarry Spalls 4,126.24 4,126.24 - 4,126.24 100% - 206.31 C/O#2 Premium Time 762.94 762.94 - 762.94 100% - 38.15 126,689.18 64,838.04 17,919.72 0.00 82,757.76 43,931.42 4,137.89 City Transfer, Inc. RECEIVED DEC 12 2001 CITY OF RENTON UTILITY SYSTEMS APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENTG702 TO(CONTRACTOR): City of Renton PROJECT: Maplewood Golf Course APPLICATION NO: 1-Revision#1 1055 S.Grady Way Renton,WA 98055 PERIOD TO: 11/30/01 FROM(SUB-CONTRACTOR): City Transfer,Inc. VIA ARCHITECT: ARCHITECTS P.O.Box 1850 PROJECT NO: Sumner,WA 98390 APPLICATION DATE: 1217101 CONTRACT FOR: 01-19 CONTRACT DATE: Application Is made for ayment,ass own below In connection with t e ontract, CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703,is attached. CHANGE ORDER SUMMARY 1.ORIGINAL CONTRACT SUM $121,800.00 CHANGE ORDERS APPROVED IN ADDITIONS DEDUCTIONS 2.Net change by Change Ordars $4,889.18 PREVIOUS MONTHS BY OWNER 3.CONTRACT SUM TO DATE(Line 1+2) $126,689.18 4.TOTAL COMPLETED&STORED TO DATE $64,838.04 5.RETAINAGE: NUMBER DATE APPROVED a. 5%of Completed Work $3,241.90 1 11/21/01 $4,126.24 (Column DtE on G703) 2 11/21/01 $762.94 (Column F on G703) Total Retainage(Line 5a+51)or ($3,241.90) Total in Column I of G703) 6.TOTAL EARNED LESS RETAINAGE $61,596.14 (Line 4 less Line 5 Total' 7.LESS PREVIOUS CERTIFICATES FOR $0.00 TOTALS $4,889,18 $0.00 PAYMENT(Line 6 from pror Certificate) NET CHANGE BY CHANGE ORDERS $4,889+18 8. LINE 6 LESS LINE 7 $61,595A4 The undersigned Contractor certifies that to the best of the Contractors knowledge, Washington State Sales Tax @ 8.8% $ 64,838.04 $5,705.75 information and belief the work covered by this Application for Payment has been 9.CURRENT PAYMENT DUE $67,301.89 completed in accordance with the Contract Documents,that all amounts have been 10.BALANCE TO FINISH $65,093.04 paid by the Contractor for Work for which previous Certificates for Payment were (Including Retainage) issued and payments received from the Owner,and that current payment shown herein is now due. i Oil SUB-CO TRACTOR: CIT RANSF C. State of:Washington County of: Pierce � • LR ��� Subscribed and to before me this 7th da of De ember,2001 j�P�t \�S1ON BY: {j DATE Notary Public: c _`OTAR V DA E.December 7,2001 My Commission;7a pires: 1-19,04 \�' fn Keith R.Benson-President Of V i. . P,Ig,1G O A . i ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED............................................................... $ i In accordance with the Contract Documents,based on on-site observation and the (Attach explanation if amount certified differs from the amount applied for.) •••.., •a _� data comprising the above application,the Architect certifies to the Owner that to the ARCHITECT: (�\`\ OF W: best of the Architect's knowledge,information and belief the Work has progressed as By: indicated,the quality of the Work is in accordance with the Contract Documents,and This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor is entitled to payment of the AMOUNT CERTIFIED. the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702'APPLICATION AND CERTIFICATE FOR PAYMENT'MAY 1983 EDITION'AIA'C 1983 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE NW,WASHINGTON DC 20006 G702-1983 CONTINUATION SHEET Maplewood Golf Course CITY TRANSFER, INC. APPLICATION NO: 1 - Revision AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION DATE: 12/7/01 containing Contractor's signed Certification,is attached. PERIOD TO: 11/30/01 In tabulations below,amounts are stated to the nearest dollar. ARCHITECT'S PROJECT NO. Use Column 1 on Contracts where variable retainage for line items may apply. A B C D E F G H I BID WORK COMPLETED MATERIALS TOTAL BALANCE RETAINAGE ITEM DESCRIPTION OF WORK APPROX UNIT SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO (IF VARIABLE NO, QUAN. PRICE VALUE APPLICATION THIS PERIOD STORED NOT AND STORED (G+C) FINISH RATE) (D&E) IN D OR E TO DATE (C-G) 1 Mobilization LS 15,000.00 10,500.00 10,500.00 70% 4,500.00 525.00 2 Locate&Protect Existing Utilities LS 1,000.00 1,000.00 1,000.00 100% - 50.00 3 Clearing&Grubbing LS 5,000.00 5,000.00 - 5,000.00 100% - 250.00 4 Removal of Structure&Obstruction LS 1,500.00 1,500.00 - 1,500.00 100% - 75.00 5 Tree Removal&Replanting LS 1,500.00 1,125.00 - 1,125.00 75% 375.00 56.25 6 Temp.Water Pollution/Erosion Contr. LS 10,000.00 5,000.00 - 5,000.00 50% 5,000.00 250.00 7 Constr.Survey,Staking&As-built LS 7,500.00 3,750.00 - 3,750.00 50% 3,750.00 187.50 Drawings 8 CPEP Storm Sewer Pipe 4"Dia. LF 30 50.00 1,500.00 - - 0% 1,500.00 - 9 Structural Fill for Cart Path TN 4500 6.00 27,000.00 24,199.80 24,199.80 4033.30 2,800.20 1,209.99 10 Crushed Surfacing Top Course TN 150 12.00 1,800.00 - - - 0% 1,800.00 - 11 Asphalt Conc.Pavement Class B TN 90 110.00 9,900.00 - - 0% 9,900.00 - 12 Topsoil Type A TN 1100 14.00 15,400.00 6,374.06 6,374.06 455.29 9,025.94 318.70 13 Sod Installation SY 6200 3.50 21,700.00 - - 0% 21,700.00 - 14 Irrigation Revisions LS 3,000.00 1,500.00 1,500.00 50% 1,500.00 75.00 C/O#1 QuarrySpalls 4,126.24 4,126.24 - 4,126.24 100% - 206.31 C/O#2 Premium Time 762.94 762.94 762.94 100% - 38.15 126,689.18 0.00 64,838.04 0.00 64,838.04 61,851.14 3,241.90 City Transfer, Inc. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: August 14, 2001 TO: Randy Corman, President City Council Members VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman, Administrator Planning/Building/Public Works Department STAFF CONTACTS: Lys Hornsby (x-7239) Ron Straka (x-7248) SUBJECT: Funding of Maplewood Golf Course Regrade Project - Construction Phase ISSUE: The Planning/Building/Public Works and Community Services Departments request Council approval for funding of the construction phase of the Maplewood Golf Course Regrade Project. This project was unanticipated at the time of the 2001 budget approval, but is needed to protect the golf course and adjacent Maplewood Neighborhood from potential extreme Cedar River flood flows. RECOMMENDATION: (41\ • The Planning/Building/Public Works Department recommends Council pproval of an intra- fund transfer of$190,000 within the Surface Water Utility CIP budge rom the Sunnydale Downstream Storm System Replacement project account to the Cedar River Basin Plan CIP account. pq • The Community Services Department recommends Council approval f¢r the allocation of up to $35,000 of budget reserves from the Maplewood Golf Course System Fund to fund the construction of the Maplewood Golf Course Regrade Project. BACKGROUND SUMMARY: Overview The Planning/Building/Public Works and Community Services Departments have agreed to cost share on the construction of the Maplewood Golf Course Regrade Project, the purpose of which is to provide permanent protection of the Maplewood Golf Course and adjacent Maplewood August 14, 2001 Page 2 Neighborhood from extreme Cedar River flows. The need for this critical project was identified in November, 2000 after the 2001 budget approval process. Last year, under emergency conditions, a temporary rubber dam was installed along the river to provide flood protection during the winter. 00 Surface Water Utility Funding The actual expenditures within the Cedar River Basin Plan CIP fund account are projected to P)V , exceed the total 2001 budget appropriation due to funding of Surface Water Utility's share of the dQs�y; �construction costs for the Maplewood Golf Course Regrade Project. Therefore, the intra-fund transfer is needed to ensure that the actual expenditures for the Cedar River Basin Plan CIP j account do not exceed the appropriation. g`�� r✓ � In contrast, Surface Water Utility will have a surplus for the 2001 budget appropriation for the Sunnydale Downstream Storm System Project. The surplus is due to a delay in obtaining the Section 404 permit from the United States Army Corp of Engineers which will, in turn, prevent th nnydale Downstream Storm project from being constructgd this ye ut will allow for the i ^ n_d tr nsf�r-to the_Cedar River Basin Plan-CIP account-��-- ,LL- � ,4 AAix , rv� rj r^ jc.�1 A�Q.L�..J><7L4��� ��ci 4l.!-x�'...�UN��✓CA� 1�o GJGG.c,� /�! 2—Q7�2� ��„ ,y,,,�i..,Izti"'�a �� 'IITie 2001 budget appropriation for the unnydale project was $200,000. Approximately-$3;500 - has been spent to date this year; it is anticipated that $74)00 will be spent the remainder of the year for staff time to final construction contract current '� a' r '' eL% 2 V,�a r a..% Golf Course Funding The approved Municipal Golf Course System Fund balance for December 31, 2001 is $532,217. The estimated cost share of the Maplewood Golf Course Regrade project is between $25,000 and $35,000. Therefore, there is ample budget reserve to fund Community Services share of the project. CONCLUSION: There is sufficient funding in both the Surface Water Utility CIP and Maplewood Golf Course System Fund to fund the construction of the Maplewood Golf Course Regrade Project. Surface Water Utility's cost share of the project will be obtained from a intra-fund transfer of$190,000 from the Sunnydale Downstream Strormwater System Replacement Project account to the Cedar River Basin Plan CIP account. Community Services cost share will be obtained from using budget reserves from the Maplewood Golf Course System Fund. U:\GSCHIMEK\PROJECTS\SWP\27-2889\Documents\2889-010.doc\RJS\tb CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT 1,060 CONTRACT: CAG-01-151 x IR3I_ C.O.# 2 CONTRACTOR: City Transfer,Inc. 1,099 SUMMARY OF PROPOSED CHANGE: Fifty-percent(50%)of premium time charge for overtime-authorized by City-on Saturday,November 10,2001 for operator time and truck driver time at OT plus benefits per contract. ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $132,518.40 Q"' 0- '�i 966 66 ° lzo 10 II l,o44 y8 1,YB9 136,1-3Z.49 SIGNATURES: Contractor: Date: Project Engineer: Date: Approved By: Date: (Utility Systems Manager) CITY OF RENTON Public Works Department CONTRACT CHANGE ORDER AGREEMENT CONTRACT: CAG-01-151 x 16 C.O.# 1 CONTRACTOR: City Transfer,Inc. 4,ib° X I�b5a 4,52-0�S SUMMARY OF PROPOSED CHANGE: Import and placement of approximately 260 tons of quarry spalls @ $16 per ton to build truck path(10 ft wide by 1 ft thick)for wet weather conditions. The unit price includes all material, labor and equipment associated with this change order. Sales tax included in estimated price. ORIGINAL CONTRACT CURRENT CONTRACT ESTIMATED NET CHANGE ESTIMATED CONTRACT AMOUNT AMOUNT THIS ORDER TOTAL AFTER CHANGE $132,518.40 $132,518.40 -54,669-60- lt573? 4b 4,526.08 SIGNATURES: Contractor: Date: Project Engineer: Date: Approved By: Date: Oft RA�TO9 ,4 C ew P.O.BOX 1048 NO. KENT,WA98035 DELIVERY DATE: .` PHONE:(253)850-1775 chef ire CUSTOMER: PROJECT PROJECT NO. RENTAL CO. TRUCK NO. SOLO T&T LOAD TIME MATERIAL MATERIAL MATERIAL TIME LOAD STANDBY NO# LOADED HAULED LOADED FROM DELIVERED TO UNLOADED SIZE TIME REASON FOR DOWNTIME: WARRANTY: CITY TRANSFER OF KENT, INC. ("CTI") AND CTI'S SUPPLIERS AND SUBCONTRACTORS (JOINTLY REFERRED TO AS"CTI"),WARRANT ALL MATERIALS SOLD HEREUNDER CONFORM TO CTI'S QUOTATION.CTI MAKES O NO REPRESENTATION R WARRANTY OF ANY OTHER KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATERIALS,WHETHER AS TO MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. LIMITATION OF LIABILITY:CTI's liability to customer,however caused,whether in contract,tort or otherwise, including without limitation,any indemnification,liabilities or damage for property or Personal loss,shall in no event exceed the total compensation paid CTI hereunder.This limitation of liability shall survive the completion or termination of this transaction. PAYMENT shall be made to CTI on or before the 101day of each month for any materials delivered.Delivery tickets are provided to Customer as a courtesy and convenience,failure by Customer to acknowledge the delivery ticket by signature and/or Customer's failure to receive a delivery ticket shall not excuse Customer's payment obligation.All delivery tickets are available at the CTI offices during business hours upon reasonable notice.All sums not p;aid when due shall bear interest at a rate of one-and-a-half (1.5%)percent interest per month from the date due until paid or at the maximum legal rate permitted by law.All costs of collection, including attorneys'fees,shall be paid by Customer. Driver X Time Start Standby Accepted By: Time End Standby TOTAL HOURS FORM-1002 C� P.O.BOX 1048 NO. KENT,WA98035 DELIVERY DATE: .` PHONE:(253)850-1775 ��TF SUQ CUSTOMER PROJECT PROJECTNO. RENTAL CO. TRUCK NO. SOLO T&T LOAD TIME MATERIAL MATERIAL MATERIAL TIME LOAD STANDBY N04 LOADED HAULED LOADED FROM DELIVERED TO UNLOADED SIZE TIME 17 jot 1 REASON FOR WNTIME: WARRANTY:.CITY TRAS ANSFER OF KKENT, INC. ("CTI") AND CTI'S SUPPLIERS AND SUBCONTRACTORS JOINTLY No REPRDE ENTATIOf<f)ORWARRANT aAWARRANTY OFLL MATERIALS OTHSOLD ER KIND,HEREUNDER EXPR SSNORR MPLLIED,TO I WIITHORE PECT�TO MAKES THE MATERIALS,WHETHER AS TO MERCHANTABILITY,FITNESS FOR ATRTICULAR PURPOSE OR ANY OTHER MATTER. LIMITATION OF LIABILITY:CTI's liability�p customer,however caused,whether in contract,tort or(*herwise,including without limitation,any indemnification,liabilities acmne8qe for property or per8pnal loss,shall in no event exceed the total compensation paid CTI hereunder.This limitation of liability shalt survive the completidd or termination of this transaction. PAYMENT shall be made to CTI on or before the 101'day of each m6h1h for any materials delivered.Delivery tickets are provided to Customer as a courtesy and convenience,failure by Customer to acknowledge the delivery ticket by signature and/or Customer's failure to receive a delivery ticket shall not excuse Customer's payment obligation.All delivery tickets are available at the CTI offices during business hours upon reasonable notice_All sums not paid when due shall bear interest at a rate of one-and-a-half (1.5%)percent interest per month from the date du or at the Wximum legal rate permitted by law.All casts of collection, including attorneys'fees,shall be paid'by Cust Driver X Time Start = Standby Accepted By: Time End Standby TOTAL HOURS FORM-1002 DELIVERYTL T. P.O. Box i `$ Kent, WA 98035 253-863-4556 •253-850-1775 CITYTK*324C6 Its �r t _0 : ,: + . DATE . TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER OLD TO: DELIVERED TO: v C r; t RODUCT NO. PRODUCT DESCRIPTION AULER NQ. HAULER DESCRIPTION TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY ANT NAME PLANT NO. WEIGHTS a eSCALE NO.m! DRIVER ON OFF C?'ECEIVED BY +;i ICON Materials, Inc. P.O.Box 88050 I Tukwila,WA 98138 Aggregate Operations:(253)839-2101 / FAX:(206)946-1383 Asphalt Operations:(206)575-0150 / FAX:(206)575-0319 ICONMI*OOOLH DATE JOB NO./P.O.NO. CONT.NO. TIME ICON ORDER NO. CUSTOMER I.D. ICON CHARGE C.O.D. SOLD TO: DELIVERED TO: PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION ICON TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS SCALE NO. DRIVER ON OFF QUANTITY PRICE AMOUNT TAX DRIVER TOTAL RECEIVED BY: It is specifically agreed that ICON Materials,Inc.will not be liable for any damage to shrubbery,flowers, city sidewalks,roadway or private property in delivering material listed above on these premises. ICON Materials, Inc. P.O. Box 88050 ' Tukwila,WA 98138 Aggregate Operations:(253)839-2101 / FAX:(206)946-1383 Asphalt Operations:(206)575-0150 / FAX:(206)575-0319 ICONMI*OOOLH DATE JOB NO./P.O.NO. CONT.NO. TIME ICON ORDER NO. CUSTOMER I.D. ICON CHARGE C.O.D. SOLD TO: DELIVERED TO: PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION ICON TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS SCALE NO. DRIVER ON OFF QUANTITY PRICE AMOUNT TAX DRIVER TOTAL RECEIVED BY: It is specifically agreed that ICON Materials,Inc.will not be liable for any damage to shrubbery,,flowers, city sidewalks,roadway or private property in delivering material listed above on these premises. ICON Materials, Inc. P.O.Box 88050 I Tukwila,WA 98138 Aggregate Operations: (253)839-2101 / FAX:(206)946-1383 Asphalt Operations:(206)575-0150 / FAX:(206)575-0319 ,,,,...,,.,..P....,,..,,., ICONMI*OOOLH DATE JOB NO./P.O.NO. CONT.NO. TIME ICON ORDER NO. CUSTOMER I.D. ICON CHARGE C.O.D. SOLD TO: DELIVERED TO: PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HA ER dtSdFlIPTION ICON TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS SCALE NO. DRIVER ON OFF QUANTITY PRICE AMOUNT TAX DRIVER TOTAL RECEIVED BY: It is specifically agreed that ICON Materials,Inc.will not be liable for any damage to shrubbery,flowers, city sidewalks,roadway or private property in delivering material listed above on these premises. ICON Materials, Inc. P.O.Box 88050 I Tukwila,WA 98138 Aggregate Operations: (253)839-2101 / FAX:(206)946-1383 Asphalt Operations: (206)575-0150 / FAX: (206)575-0319 ICONMI*OOOLH DATE JOB NO./P.O.NO. CONT.NO. TIME ICON ORDER NO. CUSTOMER I.D. ICON CHARGE C.O.D. SOLD TO: DELIVERED TO: i PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION ICON TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS } , SCALE NO. DRIVER ON OFF QUANTITY PRICE AMOUNT TAX DRIVER TOTAL RECEIVED BY: It is specifically agreed that ICON Materials,Inc.will not be liable for any damage to shrubbery,flowers, city sidewalks,roadway or private property in delivering material listed above on these premises. ICON Materials, Inc. P.O.Box 88050 ' Tukwila,WA 98138 Aggregate Operations:(253)839-2101 / FAX:(206)946-1383 Asphalt Operations:(206)575-0150 / FAX:(206)575-0319 CONMI*OOOLH DATE JOB NO./P.O.NO. CONT.NO. TIME ICON ORDER NO. CUSTOMER I.D. ICON CHARGE C.O.D. SOLD TO: DELIVERED TO: PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION ICON TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS SCALE NO. DRIVER ON OFF QUANTITY PRICE AMOUNT TAX DRIVER TOTAL RECEIVED BY: It is specifically agreed that ICON Materials,Inc.will not be liable for any damage to shrubbery,flowers, city sidewalks,roadway or private property in delivering material listed above on these premises. ICON Materials, Inc. P.O.Box 88050 ' Tukwila,WA 98138 Aggregate Operations: (253)839-2101 / FAX:(206)946-1383 Asphalt Operations:(206)575 0150 / FAX:(206)575 0319 ICONMI*OOOLH DATE JOB NO./P.O.NO. CONT.NO. Y'1 TIME ICON ORDER NO. CUSTOMER I.D. ICON CHARGE C.O.D. SOLD TO: DELIVERED TO: 1-4L)k i I-JWL,-)1 r1',4, 441- 9;i W �I PRODUCT DESCRIPTION HAULER DESCRIPTION ICON TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS SCALE NO. DRIVER ON OFF QUANTITY PRICE " AMOUNT TAX DRIVER ° TOTAL RECEIVED BY: It is specifically agreed that ICON Materials,Inc.will not be liable for any damage to shrubbery,flowers, city sidewalks,roadway or private property in delivering material listed above on these premises. PHONES: SILVERTON. •• • •a• f "'•:, u -alp L TY T R INSF ER INC -tAPL EWOOD C=;�L.;= SOLD TO - _ SHIP TO ry PLE WA 98390 PHONE 850—t 77t PHONE DIRECTIONS INVOICE• - DRIVER ZONE R�TIJT INVOIG DATE RUN 'REP. __ ^N I PO# TERMS" 1� gEUY4ERY,psr DELIV FjY iIJyIF, • 1 1TH, t`tic. _.. _.h i''�IOOI�tJJ2 8 ITEM NUMBERf • • (TENSION _GAN1 Yv Ai_ r r.�._ � ... —ETS 1j I NO NET SOD y to tA� �71 By signature be ow customer agrees: agreement with :*'!_awn i g eep This transaction is subject to customer's credk nc. -- ,< eIMER OF WARRANTIE,. below.If euatomi Payment in full is > earl o'. oast d_. vnrchever is G ` aver. cue. Tc pay 6 s reasonable is o per all amounts not paid attorney a It n :costs, including those on �] appeal,even if no action is filed,'rf there is a default under this agreement,and further stip- / ulates to venue in Marion County,State of Oregon. Notice on nonconforming goods must ae made within.J hours t delivery.The sole and exclusive remedy for nonconforming goods is repla ent or refund of payment at forthsole option.JB is not obligated for incidental, consequential,liquidated or other damages.That the Disclaimer of Warranties set forth below inapplicable. JB disclaims any and all warranties relating to the goods described herein.There are no warranties express or implied Includ- � 'r+g warranty of merchantability or fitness for a particular Purpose relating to the goods or instructions all of which are expressly Oxcluded from this transaction. RECEIVED AS DESCRIBED AND ALL • CREDIT TERMS AGREED TO THANK YOU JOB SITE-INSTRUCTIONS ON BACK • • Instant Lawn, Inc. a, 5289 BLUEGRASS LANE,NE ••• • • SILVERTON.OREGON 97381-9668OFFICENURSERY ,0 SOLD TO _I`t C�i1NSFER INI. SHIP TO P'+AP,i_E+.-JiD0LI 0L.F Ci`,sS.'?' _CJ< 1850 410,50 1F'I;—'1F�LE. VA!—L:;t :#=i / PHONE 3 1, �.: .il—7 ??'' i PHONE DIRECTIONS INVOICE DRIVER ZONE DATE CUT INVOICE DATE RUN REP. # TERMS DELIVERY DATE DELIVERY TIME f'O FIELD ITEM NUMBER QTY.SHIPPED • • NO NE 7 SOD .. R Pit II Y 6 By >ignature below customer agrees: This transact^ ,s sublet:tc cs:cmer's creci 3"-v" a r agreement with JB Instant Lawn,Inc.(JB)and the DISCLAIMER OF WARRANTIES set forth " below.If customer has no credit agreement by signature below customer agrees:That payment in full is due 30 days from the date of invoice or the date of delivery whichever is DRIV�Ft: earlier.A past due service charge of t Ys%per month is imposed on all amounts not paid 7 —when due. To pay JB's reasonable attorney fees and court costs, including those on appeal,even if no action is filed,if there is a default under this agreement,and further stip- ilates to venue in Marion County,State of Oregon. Notice on nonconforming goods must be made within 48 hours of delivery.The sole and exclusive remedy for nonconforming goods s replacement or refund of payment at JB's sole option.JB is not obligated for incidental,consequential, liquidated or other damages.That the Disclaimer of Warranties set forth below is applicable. JB disclaims any and all warranties relating to the goods described herein.There are no warranties express or Implied includ- ing warranty of merchantability or fitness for a particular purpose relating to the goods or instructions all of which are expressly • excluded from this transaction. RECEIVED AS DESCRIBED AND ALL THANK YOU CREDIT TERMS AGREED TO JOB SITE-INSTRUCTIONS ON BACK 1B Instant Lawn, Inc. SALEM r 821-0444 NURSERY OFFICE (888)468-6440 SOLD TO CITY TRi:;igSFER INC' MP_•i_r�9Ci�ri GL_jL� PC) BXY.' 1 f�50 SHIP TO _Z ?. ;� ►` I HI �.. �. �'< � 1A. Lr y A_L.��. r v.r PHONE i.77� PHONE _ D;K'j r . DIRECTIONS Jn INVOICE.-,,, DRIVER ZONE _ _DATE CUT -itIVOICE QATE RUN 11;�} REP. _ PO# TERMS' _ DELIVERY DATE DELIVE6YTIME I - - FIELD ITEM NUMBER 70TY. PRICE EXTF"ISI(-:J I,J 'r1,"-1;:0 7 P17�11`1' t I I By signature below customer agrees: This transaction is subject to customer's credit agreement with JB Instant Lawn,Inc.(JB)and the DISCLAIMER OF WARRANTIES set forth below.If customer has no credit agreement by signature below customer agrees:That payment in full is due 30 days from the date of invoice or the date of delivery whichever is DRIVE earlier.A past due service charge of 1'/z%per month is imposed on all amounts not paid when due. To pay JB's reasonable attorney fees and court costs, including those on appeal,even if no action is filed,if there is a default under this agreement,and further stip- ulates to venue in Marion County,State of Oregon.Notice on nonconforming goods must be made within 48 hours of delivery.The sole and exclusive remedy for nonconforming goods is r lacement or refund of payment at JB's sole option.JB is not obligated for incidental, consequential, liquidated or other damages.Tit the Disclaimer of Warranties set `orth below is applicable. i - JB disclaims any and all warranties relating to the goods described herein.There are no warranties express or implied includ- ing warranty of merchantability or fitness for a particular purpose relating to the goods or instructions all of which are expresslyTOTAL excluded from this transaction. RECEIVED AS DESCRIBED AND ALL CREDIT TERMS AGREED TO THANK YOU JOB SITE-INSTRUCTIONS ON BACK a i PHONES: h SALEM , 5289 BLUEGRASS LANE, NE r ,II SILVERTON, •• • • 32618 99 SOLD TO CITY TRANSFER INC SHIP TO MAF'LEWOOD GOLF COURSE PLC BOX 1850 �4 t , 4050 MAPLE VALLEY HWY MAPLE VALLEY WA SUMNER, WA 98390 .` PHONE {253) 850-1775 G PHONE t ) — Thursday DIRECTIONS IN NE ISOD INVOICE 2559a�88 DRIVER ZONE DATE CUT INVOICE DATE FETE HUCKSTADT MAPLE VALLEY 2/13/2002 02/12/2002 RUN REP. PO# TERMS DELIVERY DATE DELIVERY TIME 01-01 25 —KM 2Y• 15TH, NET 30 2/14/2002 06:30 CITY.�ELD ITEM NUMBER . DESCRIPTION PRICE EXTENSION W2 WASOD 9, 750. 0 WA PREMIUM INSTANT LAWN . 2200 2145. 00 W2 PAL 20. 0 WALLETS 8. 0k'�00 160. 00 WE, PAL 20. 0— PALLETS 8. 0000 —160. 00 GOODS REC'D.,.__. PRICES OK EXT CHECKD G/L CODE JOB NO. I PHASE COST TYPE SUBTOTALS 9, 750. 0 2145. 00 y signature below customer agrees: This transaction is subject to customer's credit •. ireement with JB Instant Lawn,Inc.(JB)and the DISCLAIMER OF WARRANTIES set forth s glow.If customer has no credit agreement by signature below customer agrees:That ayment in full is due 30 days from the date of invoice or the date of delivery whichever is DRIVER: irlier.A past due service charge of 1 1/z%per month is imposed on all amounts not paid hen due. To pay JB's reasonable attorney fees and court costs, including those on )peal,even if no action is filed,if there is a default under this agreement,and further stip- ates to venue in Marion County,State of Oregon.Notice on nonconforming goods must DISCOUNT . i< a made within 48 hours of delivery.The sole and exclusive remedy for nonconforming goods is replacement or refund of payment at 3,s sole option.JB is not obligated for incidental,consequential, liquidated or other damages.That the Disclaimer of Warranties set DELIVERY . 00 rth below is applicable. SALES TAX . 00 I disclaims any and all warranties relating to the goods described herein.There are no warranties express or Implied includ- g warranty of merchantability or fitness for a particular purpose relating to the goods or Instructions all of which are expressly • eluded from this transaction. ='145. 00 ECEIVED AS DESCRIBED AND ALL THANK YOU :REDIT TERMS AGREED TO INVOICE SEEP Rp q LAWN PHONES: JB Instant Lawn, Inc. SALEM (503)581-7823 5289 BLUEGRASS LANE,NE SEATTLE(425)821-0444 SILVERTON,OREGON 97381-9668 PORTLAND(503) 228-1264 NURSERY OFFICE(888)468-6440 www.jbinstantlawn.net SOLDTO CITY TRANSFER INC SHIP TO MAPLEWOOD GOLF COURSE PO BOX 1850 4050 MAPLEVALLEY RENTON • PHONE DIRECTIONS • DRIVER INVOICE RUN ••. DELIVERY DATE DELIVERY TIME FIELD ITEM NUMBER CITY. SHIPPED DESCRIPTION PRICE I EXTENSION • ■ LLETS NO NET PRICE PER BID yam!. GROSS PALLETS :. :: • • • RETURNED Le :. ... TOTAL I~ '� L - .� �►- t �y •,ems". ��; � :. , 97 , k4A CwG 3'fiJ D IN TIOIV ND' x+ 11tANM WSTRUTIONS �' � d. ���5 � 4. w-•yx „r � r*t .. ,. +`� , - �� `fii' ` t we"i�•, *b_ ' t 1p.:. PRIOR*b LE tVERY 1t. Remove all existing grass, rocks and 2. Water. weeds. r A good rule of :thumb 'is to water,1 :inch immediately. ., Water until., 1 ir)ah has,..,ti X Rototill to a depth of 4 to 6 inches. accumulated in a flat container. .Thig;is the total amount: ,of •time needed to moisten Apply soil amendments if needed. your sail to a depthof',6 td°8 inches ' Water If needed, add topsoil compost or others9p 1 inch, per day for the. first two weeks, '/2 amendments, then rototill to a depth of 3 to inch.,per. coy-,for the act.,two Weeks- and 4.inches. then slowly taper to 1 inch°per week. This can be broken down„into two viaterings per 4. Level and roil area to at smooth grade. week Water during. daylight,,hours whem; '� standrn water is -least likely;= n 5. Apply starter fertilizer. Standing water May pr r Spread starter fertilizer according to = manufacturer's directions . 'egarding 3: .Billow. application rates. We de hot suggest using "Your lawn should be mottve`��iprgximately'. a weed and few type. fertilizer When I Iaay+smfrom the tr►'no ofi.installation or-as installing a new'4 wr needed.` Mow to a het h.- of, 7 to 1 '/'inches but never move morethan V3 of your lawn's 6. Apply lime height in any single mowing. The rerboval Spread lime at a rate of 56 lbs per 560 of all clippings is, r�rpmended,, , sor iar e feet 4. Fertilize. ; INSTALL_IMMEQIATLY UPON DELIVERY Your new lawn shduld be fertilized with a balanced fertilizer 30 days,_after installation I' Roil sod out-over:area. and every 4 to 6 weeks from February to "by.Jaying tt'e strips from the edge of November. We recommend.applying 8 lbs. your. prepared area. Stagger the ends of per 1 000 square feet in, February;-and the robs,' like bri.c s, keeping the edges November and 6 lbs'•per 1,000 :square feet snug, but not overlapping. A sharp knife during March through Octp)er. To ensure i. makes clean cuts 'for a perfect fit. Upon even distribution use .a drop or broadcast' iaompletion of installation, roll the area with spreader and apply when your. lawn is. dry. a half filled roller Fertilizer should be viiatered in or applied before a good rainfall in order to'reach the grass' roots HOT,WEATHER WARNlNGM Dampen soil for cooltn .eff�# .a t moisture �i~ Always instaii Sad imme�tat .upon'�eiive� TO""IN V k 3EAUT FUL LAWN Keep turf and ground ur►derrteath w<< =efts These are sugy ested rnainteri and installation instructions only and JEJ;m' akes no re! use. Any or ail of.these iristri¢ctions may not be suit re able in some areas because of ir; construction or landscave methods ,Therefore, theso, 4hstru6tio ..shourd a used on!, to qualified persons. 'w KEEP Rp LAWN PHONES: JB Instant Lawn, InC. SALEM(503)581-7823 5289 BLUEGRASS LANE, NE SEATTLE (425)821-0444 �'' SILVERTON,OREGON 97381-9668 PORTLAND(503)228-1264 NURSERY OFFICE(888)468-6440 � www.jbinstantlawn.net 32618 SOLD TO CITY TRANSFER ll`f,-' SHIP TO MAPLEWOOD GOLF COURSE R BOX • VALLEY • ■ PHONEPHONE • - • N a• INVOICE • TOM 2206-3-96-8192 OR , .- • .• • DATE RUN -•. .• DELIVERY TIME 01-01 FIELD ITEM NUMBER QTY.SHIPPED DESCRIPTION PRICE EXTENSION a � WA PREMIUM INSTANT LAWN PALLETS NO NET SOD PRICE PER BID �t NO N Em LL��CZ�- ,� -L� ! GROSS PALLETS - •- RETURNED �„ �...�;;, �•..�,,, �..-t., �`-t..�;;,-k-1..�,:,, .. - - ,� .. . - .. - . - . - .. - . .� - - - .' ;,,fit,�-1r.,(�,,<"'y,-1�.,(w�"'{,--4�-�R"�,,,•�k",,,1"`�"�ti�„�':' . '• .>. TOTAL . y •' l - - M `1f i. �1. i , «. ,Id JCR �`-M.I _nF '4 R :'� � ` . ND MAINTENANCE INSUGGESTED NSTALLAT STRIl ONS !t =` � {�I �«•,°�. � :. d"rye F $'' �,'t► F8 `� +� Se R•R x TO 1)DELIVERY 1. Remove all existing grass, rocks and 2. Water. .. weeds. A good rule of thumb` is to water. 1 inch immediately. :Water `qnh I 1 inch has 2. Rototill td a depth of 4 to 6 inches. accumulated in a flat container: Thi8 is the. total amount of .time needed to moisten 3. Apply soil amendments if needed. your'soil to a depth bf-t to;8 inches'` 'Water If needed, add topsoil, compost or ether soil 1 inch per day for the first two weeks," 'Y2-. - amendments; -then rototill to a:deptfr.:of to inch .per_ day for,-thp next two weeks a,, 4 inches. then slowly taper to ;1 inch per week. This can be :broken,doom,.in}td4w6.waterings per 4. Lever and roll area to a smooth grade. week. Water during daylight hours when standing water is feast likely to occur"; 5. Apply starter fertilizer. a Standing water may promote disease. Spread starter fertilizer . ,agcording: 9., `t' 3, " r , manufacturers directlorl regli �: application rates- We di l bot suggest using, " £ «� 'fur tawrrsfrt�utc�be mwet�a a weed and: feed; types fertilizer when . 10 days:,from!the time.of in§tallatlon or s installing a view lawn: needed." Mow to a height of 1 to 1:1/inches = but.'never-MOW more than 113 of your lawns. 6. Apply lime. height in arty. single mowing. The}R,removal .. Spread lime at a rate of 5 Ibs por%500 of all...clippings is recommended. #: square feet 4. Fertilize. ' r r e lawn should be fertilized with a ; la T 1liR L!( v ' DELIVEI Y �� f r'— ` •. . .. a r> fertilizer 30 days after installation 1. Roll scud out over area. nq irae 4 to 6 weeks from -February. to ` 1 ti Begin by laying the st ips from the edF�f r� ei We recommend applying 8 lds: your prepar0d area. Stagger the ends of., per .1,000' square feet in February and:. the rolls like bricks, :keeping.. the edges November and 6 lbs. per 1,000 square feet. snug, but„not overlapping, A sharp 'knife y during :March through October', •To-ensure. takes clean cuts for' a. perfect fit. Upon , even distribution, use a drop broadcast. rYotYtplettot-1 of installation,. roll the area with Wit: d spreader and apply when yodri lawn is dry. a half filled roller: , # Fertilizer should be watered itt or applied before a,good rainfall in orde�10 reach the grass' roots. HOT WEATHER WARMING!!!- --^� � Dampen sail fio, cooling effecl.and moisture t .�iF AN4ays install sod irC►m6diately'u0on deliver! ,TO INSURE A BEAUTIFUL LAWN � peep turf and ground These are: suggested maintenance and installation instructions only and JB makes no representations or wa rarities cos._affwll t .:�r use. Any or all of these instructions mad not be suitabte in some areas because of local trade practices weather conditions, and construction or landscape methods. Theref o'these instructions sh6uld be used only with the independAt a,pp ovA.of iechnicalLv` qualified persons WA S H I N G T O N Kapowsin Quarry King Creek Pit ROCK QUARRIES, INC. Ledge Rock&Crushed Rock / Sand&Gravel 29104 Camp#1 Rd.E.,Orting,WA 98360 Champion 1 Road Telephone(360)893-5500 J Telephone(360)893-7701 FAX:(360)893-5511 ' FAX: (360)893-7703 DATE TIME CUSTOMER PRODUCT z HAULER TRUCK TAX LOCATION Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME • • - • • FREIGHT I.., TAX TOTAL DUE GROSS: WWI' M. " .w - TARE: i:3: NET: WEIGHMASTER DRIVER CUSTOMER WA S H I N G T O N Kapowsin Quarry V ng Creek PitInv ROCK QUARRIES, INC. Ledge Rock&Crushed Rock Sand&Gravel 29104 Camp#1 Rd.E.,Orting,WA 98360 Champion 1 Road Telephone(360)893-5500 \ Telephone(360)893-7701 FAX:(360)893-5511 ` ' FAX: (360)893-7703 DATE TIME CUSTOMER PRODUCT HAULER TRUCK TAX LOCATION Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME • • - • • FREIGHT TAX 4t++ TOTAL DUE GROSS: TARE: is NET: '; 1 q h I WEIGHMASTER DRIVER CUSTO^AER WASHINGTON Kapowsin Quarry King Creek Pit .ROCK QUARRIES INC. Ledge Rock&Crushed Rock / ,- Sand&Gravel ' 29104 Camp#1 Rd.E.,Orting,WA 983607/� ' Champion 1 Road Telephone(360)893-5500 Telephone(360)893-7701 FAX: (360)893-5511 ! t`' FAX: (360)893-7703 DATE TIME CUSTOMER PRODUCT HAULER TRUCK TAX LOCATION Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME 77, • FREIGHT - 1 _ TAX TOTAL DUE GROSS: C r i TARE: p • • '; t t NET: WEIGHMASTER r DRIVER CUSTOMER 1 WA S H I N G T O N Kapowsin Quarry King Creek Pit 'I ROCK QUARRIES, INC. Ledge Rock&Crushed Rock % Sand&Gravel 29104 Camp#1 Rd.E.,Orting,WA 98360 ( T Champion 1 Road Telephone(360)893-5500 f I =Telephone(360)893-7701 FAX:(360)893-5511 -` �.�Y j' FAX:(360)893-7703 ; DATE TIME CUSTOMER PRODUCT HAULER TRUCK TAX LOCATION Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME • � • • • • � • FREIGHT TAX TOTAL DUE GROSS: TARE: ti? 1; i3 NET: LWA 4v�;+.1. W4z,:l 11h F; WEIGHMASTER DRIVER CUSTOMER WASHINGTON Kapowsin Quarry King Creek Pit ROCK QUARRIES, INC. Ledge Rock&Crushed Rock i Sand&Gravel 29104 Camp#1 Rd.E.,Orting,WA 98360 Champion 1 Road Telephone(360)893-5500 \ •Telephone(360)893-7701� FAX: (360)893-5511 r FAX:(360)893-7703 L • DATE TIME CUSTOMER PRODUCT HAULER TRUCK TAX LOCATION Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME • - - • ® • � ._ ,r. , , I FREIGHT TAX TOTAL DUE GROSS: DELIVER TO TARE: a NET: / WEIGHMASTER ? DRIVER CUSTOMER WN WA S H I N G T O N Kapowsin Quarry King Creek Pit ROCK QUARRIES, INC. Ledge Rock&Crushed Rock % Sand&Gravel 29104 Camp#1 Rd.E.,Orting,WA 98360 Champion 1 Road Telephone(360)893-5500 - `, Telephone(360)893-7701 FAX:(360)893-5511 ! FAX: (360)893-7703 i DATE TIME CUSTOMER PRODUCT HAULER TRUCK TAX LOCATION Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME • • - • - FREIGHT 1.�i3r3 it. �I TAX TOTAL DUE PO U NDS TONS GROSS: . ,_� . .. , ;. . ,. .:. x• o , TARE: a; NET: is.' i! i f Ej 1 �•� . WEIGHMASTER DRIVER CUSTOMER WASHINGTON JrKapowsin Quarry � � >'`IFKing Creek Pit ROCK QUARRIES, INC. Ledge Rock&Crushed Rock Sand&Gravel 29104 Camp#1 Rd.E.,Orting,WA 98360 Champion 1 Road MR Telephone(360)893-5500 4- \ Telephone(360)893-7701 FAX: (360)893-5511 —` FAX: (360)893-7703 I � DATE TIME CUSTOMER PRODUCT HAULER TRUCK TAX LOCATION s Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME • - • ® • FREIGHT is t' i TAX TOTAL DUE GROSS: TARE: ll'1tt eI t;f NET: a { WEIGHMASTER DRIVER CUSTOMER WA S H I N G T O N Kapowsin Quarry King Creek Pit ROCK QUARRIES, INC. Ledge Rock&Crushed Rock / Sand&Gravel 29104 Camp#1 Rd.E.,Orting,WA 98360 Champion 1 Road 4jTelephone(360)893-5500 '-� \ Telephone(360)893-7701 ..'FAX: (360)893-5511 FAX:(360)893-7703 DATE TIME CUSTOMER PRODUCT HAULER TRUCK TAX LOCATION Landscape Rock,Gravel,Rip-Rap,Road Subbase,Ballast CUSTOMER NAME - • • • if FREIGHT TAX TOTAL DUE GROSS: ! { ., i s `:; i'ft'l..l hf1 p;l i # NET: WEIGHMASTER "` DRIVER CUSTOMER P.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002356 ID: CITTRA NAME:CITY TRANSFER DATE:2/19//2092 ADDREEt,:6. BOX 1048 os: 0119 MAPLEWOOD GOLF TRUCK NUMBER r� CT262 POa: ITEMS CRUSHED ROCK CT1 Tl' #262 `&T Pit: BUCKLEY FLUME - Product ID GROSS: 101780 Lbs 70 /30 mix TARE: 40360 Lbs WASHED AGGREGATES NET: 61420 Lbs Net Tons: 30.71 Loads Today 1 Tons Today 30.71 PIT RUN Time Out 14: 10 ents: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 226849 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY t P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5002218 PHONE: (253)850-1775 ID: RENCIT NAME: CITY OF RENTON DATE:2/1A//20)D2 ADDRE0555 N.E. 2ND ST. JOB: MAPWOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER CT158 PO#: ITEMS CRUSHED ROCK CT I T K #158 T&T Pit: BUCKLEY FLUME ,Product ID 204 GROSS: 101300 Lbs 17 1:1 TARE: 38440 Lbs WASHED AGGREGATES NET: 62860 Lbs Net Tons: 31.43 Loads Today 3 Tons Today 88.34 PIT RUN Time Out 07:05 mments: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 226800 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY ID: 4DP.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002217 RENC I T NAME:CITY OF RENTON DATE:2114//2002 ADDREW55 N.E. 2ND ST. JOB: MA WOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER Tt 4 PO#: ITEMS CRUSHED ROCK CTI TK #264 T&T Pit: BUCKLEY FLUME Product ID 204 GROSS: 98780 Lbs 70/30 Mix- TARE: 39900 Lbs WASHED AGGREGATES NET: 58880 Lbs Net Tons: 29.44 Loads Today 2 Tons Today 56.91 PIT RUN Time Out 06:58 ents: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no 226799 conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002216 ID: RENCIT NAME:("ITY OF hENTON DATE:2/14(/'20JD2 ADDRE&55,5 N.E. 2ND ST. JOB: , MAPW00 MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER CT257 PO#: CRUSHED ROCK CTI TK #267 T&T Pit: WCKLEY FLUME Product ID 204 GROSS: 95440 Lbs TREE: 40500 Lbs WASHED AGGREGATES NET: 54940 Lbs Net Tans: 27.47 Loads Today 2 Tons Today 27.47 PIT RUN Time Out 06:48 ents JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 J obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O. BOX 1048 y KENT,WA98035-1048 Ticket # PHONE: (253)850-1775 5002216 ID: 4D RENCIT NAME:CITY OF RENTON DATE:2/14//2002 ADDREa555 N.E. 2ND ST. JOB: MAPWOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER PO#: ITEMS CRUSHED ROCK CTI TK #257 T&T Pit: BUCKLEY FLUME , Product ID 204 GROSS: 95440 Lbs 70/30 mix TARE: 40500 Lbs WASHED AGGREGATES NET: 54940 Lbs Net Tons: 27.47 Loads Today 1 Tons Today 27.47 PIT RUN Time Out 06:48 ants: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D ,� BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 C O obligations between the parties which are not v Q expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 ID: PHONE: (253)850-1775 5002203 RENCIT NAME: CITY OF RENTON DATE: 2/1�/20/02 ADDREs;i.555 N.E. 2ND ST. JOB: MAPWOD. MAPLE WOOD GOLF COURSE RENTON `:MAPLE VALLEY RD. TRUCK NUMBER CT264 PO#: STEMS CRUSHED ROCK CTI TK #264 T&T Pit. BUCKLEY FLUME Product ID 204 GROSS: 100320 Lbs TARE: 39900 Lbs WASHED AGGREGATES NET: 60420 Lbs Net Tons: 30.21 Loads Today 9 Tons Today 274.72 PIT RUN Time Out 11:26 " mments: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 267 1 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002197 ID: RENCIT NAME:CTTY OF RENTON DATE:2/13�/2002 ADDRE31�55 N--F.- ?.ND ST- JOB: MAPWOD MAPT,F WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER CT257 PO#: ITEMS CRUSHED ROCK CTT TK #257 T&T Pit: BUCKLEY FLUME Product ID 204 GROSS: 102480 Lbs 7. ' _ _ , TARE: 40500 Lbs WASHED AGGREGATES NET: 61980 Lbs Net Tons: 30.99 Loads Today 5 Tons Today 150.44 PIT RUN Time Out 08:50 ments: JEFF DRIVER ; UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 C O C obligations between the parties which are not v Q J expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Wicket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002173 ID: RENCIT C NAME: CITY OF RENTON DATE: 2/10/2QO2 ADDREsS555 N.E. 2ND ST. JOB: MAPWOP MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER C",T257 PO#: ITEMS CRUSHED ROCK s;TI ` K ##2bY T&T Pit: BUCKLEY FLUME Product Ill 204 GROSS: 99520 Lbs 70,/20 mix TARE: 40500 Lbs WASHED AGGREGATES NET: 59020 Lbs Net Tons: 29.51 Loads Today 2 Tons Today 60. 46 PIT RUN Time Out 06:53 mments: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 Q obligations between the parties which are not CJ expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002201 ID: 4io RENCIT NAME:CITY OF RENTON DATE2/13//20g2 ADDREM55 N.-E. 2ND ST. JOB: MA WOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER PO#: ITEMS CRUSHED ROCK CTI TK #257 T&'1 Pit: BUCKLEY FLUME Product ID GROSS: 99140 Lbs n . 3 TARE: 40500 Lbs WASHED AGGREGATES NET: 58640 Lbs Net Tons: 29. 32 Loads Today 7 Tons Today 210.92 PIT RUN Time Out 10:54 ents: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 n C (] obligations between the parties which are not G v J expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 ID: PHONE: (253)850-1775 5002196 ; RENCIT , 0 NAME: CITY OF RENTON DATE: 2/l/3/2002 ADDRESs$555 N.E. 2ND ST. JOB: MAPWOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER CT264 PO#: ITEMS CRUSHED ROCK C;TI TK #264 T&T Pit. BUCKLEY FLUME Product ID 204 GROSS: 100900 Lbs TARE: 39900 Lbs WASHED AGGREGATES NET: 61000 Lbs Net Tons: 30.50 Loads Today 4 Tons Today 119.45 PIT RUN Time Out 08:46 Comments: JEFF DRIVER TONS AMOUNT PRICE REC'D BY The seller has not made,and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 226784 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002172 ID: 4io RENCIT ` NAME:CITY OF RENTON DATE2/13V200'2 ADDRE3555 N.E. 2ND ST. JOB: MAPWOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER CT264 PO#: ITEMS, CRUSHED ROCK CTI TK #264 T&T Pit: BUCKLEY FLUME Product ID GROSS: 101800 Lbs TARE: 39900 Lbs WASHED AGGREGATES NET: 61900 Lbs Net Tons: 30.95 Loads Today 1 Tons Today 30.95 PIT RUN Time Out 06: 49 ents: JEFF DRIVER TONS UNIT PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 226780 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5002179 PHONE: (253)850-1775 ID: RENCIT NAMECITY OF RENTON DATE?/13�20012 ADDR0655 N,E. 2ND ST. joB: MAPWOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER CT158 PO#: ITEMS . CRUSHED ROCK CTI TK #158 T&T Pit: BUCKLEY FLUME Product ID 204 GROSS: 95420 Lbs TARE: 38440 Lbs WASHED AGGREGATES NET: 56980 Lbs Net Tons: 28.49 Loads Today 3 Tons Today 88.95 PIT RUN Time Out 07: 13 Comments: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 n obligations between the parties which are not L v 782 expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY ID: IDP.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5002198 RENCIT NAME:CITY OF RENTON DATE2/131/200(2 ADDRE3655 N.E. 2ND ST. JOB: MAPWOD MAPLE WOOD GOLF COURSE RENTON MAPLE VALLEY RD. TRUCK NUMBER CT158 PO#: ITEMS CRUSHED ROCK CTI TK #158 T&T Pit: BUCKLEY FLUME Product ID 204 GROSS: 100760 Lbs TARE: 38440 Lbs WASHED AGGREGATES NET: 62320 Lbs Net Tons: 31.16 Loads Today 6 Tons Today 181.60 PIT RUN Time Gut 08:54 JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX obligations between the parties which are not lJ Q[) expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.o' aox 1048 Ticket #5002202 KENT,WA 98035-1048 ID: PHONE: (253)850-1775 RENCIT CITY OF RENTO 2/13/2002 NAME: DATE: 3555 N.E. 2ND ST. ADDRESS: MAPWOD' MAPLE WOOD GOLF COURSE ,JOB: RENTON \MAPLE VALLEY R.D. TRUCK NUMBER CT158 PO#: "ITEMS CRUSHED ROCK Pit: BUCKLEY FLUME 204 GROSS: 105620 Lbs (0/30 mix TARE: 38440 Lbs NET: 67180 Lbs WASHED AGGREGATES Net Tons: 33.58 Loads Today 8 Tons Today 244.51 PIT RUN Time Out 10:57 weightmaster. ents: JEFF DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX C(� O obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY ID: 4DP.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001969 PHONE: (253)850-1775 CITTRA NAME: CITY TRANSFER DATE: 1/1�/20/02 ADDREsJ).0. BOX 1048 JOB: OD- MAPLEWOOD GOLF COURSE TRUCK NUMBER CT258 PO#: ITEMS CRUSHED ROCK CTI TK /#258 TRANSFER Fit: BUCKLEY FLUME Product ID 204 GROSS: 109400 Lbs 7Q./20 MIX TARE: 42580 Lbs WASHED AGGREGATES NET: 66820 Lbs Net Tons: 33.41 Loads Today 2 Tons Today 64.59 PIT RUN Time Out 09: 11 . nmments: BRENDA DRIVER TONS UNIT PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 n C /1 obligations between the parties which are not L v 4 expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY Ticket # P.O. BOX 1048 5001968 KENT,WA 98035-1048 ID: PHONE: (253)850-1775 CITTRA 4" D CITY TRANSFER 1/16/2002 NAME: DATE: F.G. BOX 1048 ADDRESS: MAPWOD- MAPLEWOOD GOLF COURSE JOB: TRUCK NUMBER CT258 PO#: ITEMS CTI TK CRUSHED ROCK Pit BUCKLEY FLUME vxgodunt-' In 204 GROSS: 104940 Lbs TARE: 42580 Lbs NET: 62360 Lbs WASHED AGGREGATES Net Tone: 31. 18 Loads Today 1 Tons Today 31. 18 PIT RUN Time Out 07: 12 e g maser: mments: r DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 226713 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 KENT,WA 98035-1048 ID: PHONE: (253)850-1775 RENCIT 4io NAME: CITY OF RENTON DATE: ADDREs 555 N-E. 2ND ST. JOB: MAFWOD MAPLE WOOL GOLF COURSE TRUCK NUMBER PO#: ITEMS CRUSHED ROCK C% I 'S "I'RAPdS EF TK #1 6 Pit: BUCKLEY FLUME , Product IU GROSS: .104740 Lbs 70 30 MIX TARE: 43620 Lbe WASHED AGGREGATES NET: 61120 Lbs Net Tans: 30.56 Loads Today 1 Tons Today 3056 PIT RUN Time Out 1.2:48 We Lghtm&Tt-w BREN1)A v DRIVER TONS b UNIT AMOUNT PRICE REC'D BY Th6 seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY Ti6ket # P.O.BOX 1048 5001853 KENT,WA 98035-1048 I D PHONE:(253)850-1775 CITTRA CITY TRANSFER Iliz-13/2001 NAME: DATE: P.O. BOX 1048 ADDRESS: 0119 MAPLEWOOD GOLF JOB: TRUCK NUMBER CT259 PO#: ITEMS CTT=-P259 TRANSFER CRUSHED ROCK Pi t= BUCKLEY FLUME Produnt TT) 204 GROSS: 107620 Lbs 70130 MIX TARE: 42360 Lbs NET: 65260 Lbs WASHED AGGREGATES Net Tons: 32.63 Loads Today 1 Tons Today 32.63 PIT RUN 1. 4 S Time Out 07: 12 mments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214992 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 ID 5001854 PHONE: (253)850-1775 C I'TTRA NAME: CITY TRANSFER DATE- 11/ /2P01 ADDRER:O. BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT196 PO#: rrEUS =, CRUSHED ROCK CTI'S "TRANSFER TK #196 Pit: BUCKLEY FLUME Product ID GROSS: 106580 Lbs TARE: 43620 Lbs WASHED AGGREGATES NET: 62960 Lbs Net Tons: 31.48 Loads Today 2 Tons Today 64. 11 PIT RUN Time Out 07: 13 We i tah ter: C mmente: BRENDA , DRIVER UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214994 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. rT CUSTOMER COPY P.O. BOX 1048 Ticket KENT,WA 98035-1048 5001855 PHONE: (253)850-1775 ID: C I TTRA +� NAME: CITY TRANSFEi DATE 1-1/?7/WO1 ADDRESS R0X 104R JOB: _ j i, MAPLEWOO.D GOLF TRUCK NUMBER CT2 6. Po#: ITEMS CRUSHED ROCK i-;Ti TK #226 THt Pit: _ BUCKLEY FLUME Product ID 204 GROSS: 102380 Lbs -r) MTY TARE: 40500 Lbs WASHED AGGREGATES NET: 61880 Lbs Net Tons: 30.94 Loads Today 3 Tong Today 95.05 PIT RUN Time Out 07: 15 Wei htmaster: r. mments: BRENDA DRIVER TONS UNIT AMOUNT _ PRICE REC'D BY The seller has not made, and does not make, PF any other warranties, express or implied, in connection with this order and there are no 12214993 conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001856 ID: PHONE: (253)850-1775 CITTRA NAME: CITY TRANSFER DATE: 11/?7/2y301 ADDRESQ:•0• BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT 156 PO#: ITEMS CRUSHED ROCK �,`l`.' TEL Pit: BUCKLEY FLUME Product ID 704 GaOSS 101360 the ,". /' h"?' TpM.- 39800 Lbs WASHED AGGREGATES NET`: - 62060 Lbs Net Tons: 31.03 Loads Today 4 Tons Today 126.08 PIT RUN Time Out 08: 13 Weikiitmaster: ;dnents: BRENDA DRIVER TONS UNIT PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214995 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 �Q018 ,1 PHONE: (253)850-1775 ID: CITTRA NAME: CITY TRANSFER DATE: 11/?7/2)001 ADDRESB:.O. BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT160 PO#: ITEMS'' CRUSHED ROCK CTI TK #160 T&T Pit: BUCKLEY FLUME `- ` Product ID 2U4 GROSS: 98120 Lbs TARE: 36040 Lbs WASHED AGGREGATES NET: 62080 Lbs Net Tons: 31.04 Loads Today 5 Tons Today 157. 12 PIT RUN Time Out 08:27 mments: BRENDA DRIVER UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214996 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001858 PHONE: (253)850-1775 IDS CITTRA NAME: CITY TRANSFER DATE: 11/?7/21001 ADDRESB:.O. BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT259 PO#: ITEMS" CRUSHED ROCK CTI TK #259 TRANSFER Pit: BUCKLEY FLUME Product ID 204 GROSS: 107120 Lbs 701/30 MIX TARE: 42360 Lbs WASHED AGGREGATES NET: 64760 Lbs Net Tons: 32.38 Loads Today 6 Tons Today 189.50 PIT RUN Time Out 09:09 mments: BRENDA DRIVER TONS UNIT PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no 2 conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001859 PHONE: (253)850-1775 ID: .ITTRA NAME: 'IITY TRANSFEi. DATE: 11/?7/�001 ADDRESS.0. BOX 1048 JOB: 119 MAPLEWOOD GOLi TRUCK NUMBER CT226 PO#: ITEMS CRUSHED ROCK 1 i ' , it Pit: BUCKLEY FLUME Product ID GROSS: 104800 Lbs TARE: 40500 Lbs WASHED AGGREGATES NET: 64300 Lbs Net Tons: 32. 15 Loads Today 7 Tons Today 221.65 PIT RUN Time Out 09: 1 Comments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no 214998 conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001860 PHONE:(253)850-1775 ID: 4:0 CI TTRA 11/27/2�301 NAME: CITY TRANSFER DATE: ADDREsP.,O. BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT196 PO#: CRUSHED ROCK CTI 7 S - 6 Pit: BUCKLEY FLUME Product ID GROSS: 105164 Lbs 204 TARE: 43620 Lbs WASHED AGGREGATES NET: 6154.0 Lbs Net Tons: 30.77 Loads Today 8 Tans Today 252.42 PIT RUN Time Out 09:23 (comments: BRENDA DRIVER TONS PUNIT ICE AMOUNT REC'D BY The Iler has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no 14 9 9 g conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY ID. 4DP.O. SOX 1048 Ticket # KENT,WA 98035-1048 5001861 PHONE:(253)850-1775 CITTRA NAME: CITY TRANSFER DATE: 11/27/2/001 ADDREa:.0. BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT259 PO#: ITEMS CRUSHED ROCK CTI TK 47,bg "' Pit: BUCKLEY FLUME Product ID 204 GROSS: 104860 Lbs 70/30 MIX TARE: 42360 Lbs WASHED AGGREGATES NET: 62500 Lbs Net Tons: 31.25 Loads Today 9 Tons Today 283.67 PIT FAUN Time Out 10:58 Weightmaster: C mments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 215000 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. BOX 1048 Wicket # KENT,WA 98035-1048 5001862 PHONE: (253)850-1775 ID: CITTRA NAME: CITY TRr Nt A—Lit DATE: i l/77/2,001 DREER:.O. BOX 1048 J013: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT226 PO#: ITEMS CRUSHED ROCK Pit: BUCKLEY FLUME Product ID GROSS: 103080 Lbs TARE: 40500 Lbs ASHED AGGREGATES NET: 62580 Lbs Net Tons: 31.29 Loads Today 10 Tons Today 314.96 ,Pl `r Time Out 11:05 C mments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 2 6 9 Q 1 obligations between the parties which are not expressed herein.CTI will not be held liable for any damage in delivery of said material. TOTAL CUSTOMER COPY P.O.BOX 1048 Ticket # KENT,WA 98035-1048 5001863 PHONE: (253)850-1775 CITTRA NAME: CITY TRANSFER DATE: 11/?7/2001 ADDRESf.'.0. BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT196 PO#: "ITEMS, s pp (( T'[ i '`1 *}'...rE.,JL}"i d'R•i.=Li u�YLb �iro fi. CRUSHED ROCK l P i.,,t: BUCKLEY FUUME Product ID 204 GROSS: 104480 Lbs TARE: 43620 Lbs WASHED AGGREGATES NET: 60860 Lbs Net Tons: 30.43 Loads Today 11 Toms Today 345.39 PIT RUN Time Out 11: 13 Wei r: s.nts BR.ENDA DRIVER >� TONS UNIT AMOUNT REC'D V BY The s Iler has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no 2 9 0 2 conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE:(253)850-1775 5001865 ID: (a CITTRA NAME: CITY TRANSFER DATE: 11/27/7001 ADDRESP.Q. BOX 1048 JOB: 0119 MAPLEWOOD GOLF TRUCK NUMBER CT259 PO#: ITEMS CRUSHED ROCK CTI TK #259 TRANSFER Pit: BUCKLEY FLUME Product ID GROSS: 105680 Lbs 701/30 MIX TARE: 42360 Lbs WASHED AGGREGATES NET: 63320 Lbs Net Tans: 31. 66 Loads Today 12 Tons Today, 377.05 PIT RUN Time Out 12:55 mments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 226916 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. STATEMENT COPY P.O. Box 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5001866 ID: CITTRA NAME: tCTTY TRANSFEI: DATE: '.1/77/2,001 RE .tee0 119 MAPLEWOOD GOLF TRUCK NUMBER. CT226 PO#: ITEMS CRUSHED ROCK Pit: BUCKLEY FLUME Product ID 204 GROSS: 105860 Lbs r" TARE: 40500 Lbs WASHED AGGREGATES NET: 65360 Lbs Net Tons: 32.68 Loads Today 13 Tons Today 407.62 PIT RUN Time Out 12:56 iliments: T3RENDA DRIVER TONS UNIT PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 2 6 9 08 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY ID: 4DP.O. BOX 1048 Ticket KENT,WA 98035-1048 PHONE: (253)850-1775 5001857 C I TTRs4 NAME: '"ITY TRANSFER DATE: 111�-71?poi ADDRESP.Q BOX 1049 JOB: 0i19 MAPLEWOOD GOLF TRUCK NUMBER CT196 PO#: ITEMS CRUSHED ROCK CT1 S TRANSFER TK #196 Pit: BUCKLEY FLUME Product ID CROSS: 107120 Lbs '.1 t) MTN TARE: 43620 Lbs WASHED AGGREGATES NET: 63500 Lbe Net Tons: 31.75 Loads Today 14 Tons Today. 441.48 PIT RUN Time Out 13:03 = mments: DRIVER UNIT TONS PRICE AMOUNT REC'D BY Th seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX n A A obligations between the parties which are not a 0J expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001£318 PHONE:(253)850-1775 NAME: CITY TRANSFEh DATE: ADDRESS:P.O- BOX 1048 JOB: 01--19 14APLEWOOD GOLF COURISE TRUCK NUMBER CT1.59 PO#: CRUSHED ROCK CT I TK #159 T&T }?1 t. BUCKLEY FLUME Product ID 204 GROSS: 104320 Lbs -70130, MIX TARE: 37500 Lbs WASHED AGGREGATES w NET: 66820 Lbs a1 is �7 �j �ppJs Net Tons: 33.41 0"4 vc Leads Today 7 Tans Today 230. 19 PIT RUN /� '(�7 �nl --- — Time Out 10: 58 Wei htmastel, ommt~,nts: BRFNPA DRIVER TONS UNIT PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no 214955 conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH P.O. BOX 1048 Ticket # KENT,WA 98035-1048 500181.7 ID. PHONE: (253)850-1775 CITTRA NAME: CITY TRANS..t i:, DATE: ADDRESS•O- BOX 1048 JOB: )1.-19 MAPLEWOOD 6oi F i;uUR('Jh TRUCK NUMBER rT1.158 PO#: ITEMS CRUSHED ROCK w i i i h iE t. Told;' Pit. BUCKLEY FLUME Product Ili 204 GROSS: 108780 Lbs -. --r, ?4t TARE: 38440 Lbs WASHED AGGREGATES NET: 70340 Lbs Net Tons: 35. 17 Loads Today n Tons Today 186.78 PIT RUN Time Out 10:44 {J jaiment_d>: DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214954 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001816 PHONE: (253)850-1775 ID: CITTRA ry NAME: "ITY TRANSITi. DATE: i-.1r P/2gQ1 ADDRESS PtlY 1048 JOB: ftAPLEWOuL )LE GOUR S:E TRUCK NUMBER PO#: ITEMS CRUSHED ROCK t.T.I 'S TRANSFER TK t#lJO Pit: BUCKLEY FLUME Product ID 204 GROSS: 106680 Lbs '- '.:_ TARE: 43620 Lbs WASHED AGGREGATES NET: 63060 Lb. Net Tong: 31.53 Loads Today 5 Tons Today 161.61 PIT RUN Time Out 09:28 Yz I F, mments: -,rritDA DRIVER UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 A obligations between the parties which are not y J 5 expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH P.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5001815 ID: CITTRA NAME: ",ITY TRANSFEE' DATE: �1/Af2q01 ADDRESS: W)v 1048 JOB: MAPLEWOOD GuLk �;UUR:,E TRUCK NUMBER PC#: ITEMS CRUSHED ROCK CTI TK #159 T&T Pit: BUCKLEY FLUME Product 1D GROSS: 103920 Lbs ..'T 7 TARE: 37500 Lbs WASHED AGGREGATES NET: 66420 Lbs Net Tons: 33.2.1 Loads Today 4 Tans Today 1.30.08 PIT RUN Time Out 09: 11 :,inaents: �?r;Fr1DA DRIVER UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214952 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH P.O. BOX 1048 Ticket # KENT,WA 98035-1048 ID: J00 � PHONE: (253)850-1775 1.4 CITTRA NAME: CITY TRANSFER DATE: 11/ ?/20101 ADDRES.-.0. BOX 1048 JOB: 01-19 MAPLE:WOOD GOLF COURSE TRUCK NUMBER CT158 PO#: ITEMS CRUSHED ROCK C'T1 '1'K 4 1 b 'I'&`C Pit: BUCKLEY FLUME Product Ill 2021 GROSS: 104840 Lbs 70 "1 . MTX TARE: 38440 Lbs WASHED AGGREGATES NET: 66400 Lbs Net Tons: 33.20 Loads Today 3 Tons Today 96.87 PIT RUN Time Out 06:59 S mments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214950 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH P.O. BOX 1048 Ticket # 4io KENT,WA 98035-1048 ID: 5001�313 PHONE:(253)850-1775 CITTRA NAME: CITY TRANSFER DATE: 11119/2p01 ADDRESS.0. BOX 1.048 JOB: 01-19 MAPLEWOOD GOLF COURSE TRUCK NUMBER 4T 1 59 PO#: ITEMS CRUSHED ROCK %`_C I 1 i+1 �" 'f&'f-' Pit: BUCKLEY FLUME Product ID 204 GROSS: 103180 Lbs 7 n "' ) e` '' TARE: 37500 Lbs WASHED AGGREGATES NET: 65680 Lbs Net Tons: 32.84 Loads Today 2 Tons Today 63. 67 PIT RUN Time Out;. 07: 14 BNFNT?A DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 r1 A (� obligations between the parties which are not j,4 J expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH Ticket #I' P.O. BOX 1048 8041812 KENT,WA 98035-1048 ITTR.�' PHONE: (253)850-1775 I . CITY Tiuu4'.- -t. 11/9/2001 NAME: DATE: ADDRESS: MAPLEWOOD. GOLF 0011rU JOB: TRUCK NUMBER C 158 PO#: ITEMS t T+ A 1 x,,. rF&T CRUSHED ROCK BUCKLEY 'FLUME Product ID 204 GROSS: 100100 Lbs TARE: 38440 Lbs NET: 61660 Lbs WASHED AGGREGATES Net Tons: 30.83 Loads Today 1 Tons Today 30.83 PIT RUN Time Out 07:06 mments: LARENDA DRIVER UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 j,4 9 4©A (] /1 O obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH P.O. BOX 1048 Ticket # KENT,WA 98035-1048 5001819 PHONE: (253)850-1775 IU: CITTRA NAME: TY TFANSYi,it DATE: ! 1r,9/2(701 ADDRESS: ''_3. BOX 1048 .JOB: 1-19 MAPLEWOOD GOLF COURk'JE TRUCK NUMBER PO#: ITEMS CRUSHED ROCK Pit: BUCKLEY FLUME Product 1D GROSS: 108900 Lbs .10 MTX TARE: 43620 Lbs WASHED AGGREGATES NET: 65280 Lbs Net Tons: 32.64 Loads Today 8 Tons Today 262.83 PIT RUN Time Out 11:27 :mments: TJ-)A DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 2 g obligations between the parties which are not V expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. DISPATCH P.O.BOX 1048 Tickgot #. KENT,WA 98035-1048 5001811 PHONE: (253)850-1775 .t.i..Fr� CI11i1A, NAME: CITY TRANSFER DATE: 11, 8/2)001 ADDRESSP-0- BOX 1048 JOB: 01--19 MAPLEWOOD GOLF COURSE TRUCK NUMBER CT1.59 PO#: ITEMS CRUSHED ROCK CTI TK #159 T&T Pit: BUCKLEY FLUME Product ID 204 GROSS: 102260 Lbs TARE: 37500 Lbs WASHED AGGREGATES NET: 64760 Lbs Net Tons: 32.38 / 7 Loads Today 6 PIT RUN Tone Today 192. 46 / ` Time Out 14:24 Weigh ommenta: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made,and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214 9 obligations between the parties which are not 9 expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY ID: 4DP.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE: (253)850-1775 5001810 CITTRA NAME: CITY TRANSFER DATE: 11/'8/2001 ADDRESS:P.O. BOX 1048 ` JOB: 01-19 MAPLEWOOD GOLF COURSE TRUCK NUMBER CT2:37 PC#: ITEMS CRUSHED ROCK C.TI TK #2 37 T&T Pit: BUCKLEY FLUME Product ID 204 GROSS: 105280 Lbs '`' TARE: 40300 Lbs WASHED AGGREGATES NET: 64980 Lbs Net Tons: 32.49 Loads Today 5 Tons Today 160.08 PIT RUN Time Out 14: 14 omments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214946 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY ID• 4DP.O. BOX 1048 Ticket # KENT,WA 98035-1048 PHONE:(253)850-1775 5001809 CITTRA NAME: CITY TRANSFER, DATE: 11/p/2g01 ADDRESP,O. P!OY 1.0 4P JOB: 01-1' MAPLE'WOOD GULF COURSE TRUCK NUMBER CT158 PO#: ITEMS CRUSHED ROCK L i')_ 3I:. #1bb 1&'i Pit: BUCKLEY FLUME Product ID 204 GROSS: 99500 Lbs 7n1?'q(1TARE: 38440 Lbs WASHED AGGREGATES NET: 61060 Lbs Net Tons: 30.53 Loads Today 4 Tons Today 127.59 PIT RUN Time Out 13:58 mments: BRENDA DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no 214945 conditions, agreements, representations or TAX obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O.BOX 1048 T4,Cket # KENT,WA 98035-1048 5001808 IT' PHONE:(253)850-1775 C I`i`TRA NAME: CITY T1WSFEf. DATE: s 1 .10 ADDRESS P.O. BDX 104L, JOB: TRUCK NUMBER PO#: ITEMS CRUSHED ROCK BUCKLEY FLUME Product IL GROSS: 104.340 Lbe TARE: 40300 Lbs WASHED AGGREGATES NET: 64040 Lbs Net . Tons: 32:02 Loads Today 3 Tons Today 97,+:> PIT RUN Time Out 1�; tls3`ri r,t:7- DRIVER UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214943 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O.BOX 1048 Ticket ;} KENT,WA 98035-1048001807 PHONE:(253)850-1775 CT TTF NAME: C I T`: TRA N S FE l. DATE: ADDRESSP.0* BOX 1048 JOB: 0 1-10 MAPLEWOOD GOLF' CGIJRL E TRUCK NUMBER PO#: ITEMS CRUSHED ROCK Pit . L�JICKLEY FLUME- Product Ir GROSS; 1,02740 Lbs <T<' TAU: 37500 Lbs WASHED AGGREGATES NET: 65240 Lbs Net . Tans: .$- Leads Todd 2 Tons To€lay 85.04 PIT RUN Time Out 12::47 axlents DRIVER TONS UNIT AMOUNT PRICE REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214942 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY P.O.BOX 1048 KENT,WA 98035-1048 PHONE: (253)850-1775 NAME: DATE: ADDRESS: JOB: TRUCK NUMBER PO#: ITEMS CRUSHED ROCK ��Ru,6:, 103280 Lbs TARE: 38440 Lbs NET: 64840 Lbs WASHED AGGREGATES t Tons. ,32.42 Loads Today 1 Tons Today; 32.42 PIT RUN Time Out 12:0? aimsnts DRIVER UNIT TONS PRICE AMOUNT REC'D BY The seller has not made, and does not make, any other warranties, express or implied, in connection with this order and there are no conditions, agreements, representations or TAX 214941 obligations between the parties which are not expressed herein.CTI will not be held liable for TOTAL any damage in delivery of said material. CUSTOMER COPY DELIVERY TICKET P.O. Box 1048 Kent, WA 98035 no253-863-4556.253-850-1775 CITYTK'324C6 We i.gh•tmas•t.ears DATE TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER SOLD TO: DELIVERED TO: :t?c:.y:l.:a.,.r-.•�I•y a.rI=�.t.�•i.�c::'k.:i.::�rlt:.:: PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS SCALE'NO. DRIVER 'ON OFF RECEIVED BY h'EI " 70760 LA)s 'I � DELIVERY TICKET ' icKe� # 111O53O PCi Box 1O48 Kent,WA9803 no253-863-4556-253-850-1775 m� C|TvTw~324c6 Weight/oasterDATE TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. TAG NUMBER SOLD TO: DELIVERED TO: PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TOD" PLANT NAME PLANT NO. WEIGHTS RECEIVED BY . � Instructions: Commentp: DELIVERY TICKET 'f icNtet 0 P.O. Box 1048 I'1:I.01-54 9 Kent,WA 98035 253-863-4556.253-850-1775 CITYTK'324C6 gI.-I•i•.(n as•i:c:)r- DATE TIME NOT RESPONSIBLE FOR DAMAGE ' CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER SOLD TO: DELIVERED TO: C:::I:T Y OF REhl 1'ON F F-:E::C3eRADE:: PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS SCALE NO. DRIVER ' N OFF M3,500 I.-bs RECEIVED BY Nl* T a 645 '0 i..bs hlii 't: 1 girl z::•;. ::r.<'„,:`.�r DELIVERY TICKET P.O. Box 1048 Kent,WA 98035 253-863-4556.253-850-1775 CITYTK'324C6 DATE TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER SOLD TO: DELIVERED TO: Q-T,-Ty, OF RENTON 11APL-EW00I) GOLF RE:GF+;ADE. 01-1.9 b}e:Liver•y lris•t.r-ur.:#.:i.cros> PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION (:( ]. T K 44:1.'5 3 T Sri T CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS W,aX)) 44,; SCALE NO. DRIVER ON OFF OFZ()Sl1a„ 1:1.2880 I...i:)sS> RECEIVED BY . .1.9 DELIVERY TICKET Ticket # 1110514 PCi Box 1048 Kent,VVAQ8035 DELIVERYTICKET Ticket # PO. Box 1048 1110413 Kent,WA 98035 253-863-4556.253-850-1775 CITYTK'324C6 Weightmaster: PATE TIME 2/15/2002 NOT RESPONSIBLE FOR DAMAGE 08:53 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER RENCIT SOLD TO: DELIVERED TO: CITY OF RENTON MAPLEWOOD GOLF REGRADE ,Job: 01-19 Delivery Instructions: Comments: PRODUCT NO. PRODUCT DESCRIPTION f_< ;? CSTC (5/8" C.R. HAULER NO. HAULER DESCRIPTION CTI TK #258 TRANSFER CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHT , WSDOT#: SCALE'NO. DRI N OFF GROSS: 115560 Lbs TARE: 42200 Lbs RECEIVED BY NET: 73360 Lbs Net Tons: 36.68 DELIVERY TICKET Ticket # P.O. Box 1048 1110469 an) Kent,WA 98035 253-863-4556.253-850-1775 CITYTK*324C6 Weightmaster: DATE TIME 2/15/2002 NOT RESPONSIBLE FOR DAMAGE 14:28 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER RENCIT SOLD TO: DELIVERED TO: CITY OF RENTON MAPLEWOOD GOLF REGRADE Job: 01-19 R Delivery Instructions: Comments: PRODUCT NO. PRODUCT DESCRIPTION CSTC (518" C.R.) HAULER NO. HAULER DESCRIPTION CTI TK #258 TRANSFER CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 7 PLANT NAME PLANT NO. WEIGHTS WSDOT#: SCALE NO. DRIVER ON OFF GROSS: 114580 Lbs TARE: 42200 Lbs NET: 72380 Lbs RECEIVED BY Net Tons.: 36- 1.9 DELIVERY TICKET Ticket # P.O. Box 1850 39E,E'=' 9 �� a Sumner, WA 98390-0400 ° a ®AC W 253-863-4556 • 253-850-1775 tE $JPev ✓� CITYTK*324C6 ��� • O` / /d�S Weightmaster,: AM DATE TIME 1 1/2/`001 NOT RESPONSIBLE FOR DAMAGE 12.45 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAPAR 0FR CITTRAN SOLD TO: DELIVEREleYplver'ed From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 SUMNER 9839D Job ID: 01-19 Delivery Instructions: COIZIfflents : PRODUCT NO. PRODUCT DESCRIPTION 418 TYPE 2 (POS) HAULER NO. HAULER DESCRIPTION CT262 CTI TK #12,62 T«-r. CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY c 68. 32 PLANT NAME PLANT NO. WEIGHTS PORTABLE1 GROSS: 107980 Lbs TARE: 40100 Lbs SCALE NO. DRIVER ON OFF Net : CD7880 Lbs Net Tons : 33. 94 RECEIVED BY DELIVERY TICKET Ticket # 396648 PO. �x1�Q Sumner, VVA0839O'040U 253'863'4556 ^ 253'850'1775 re s --- C|TvTw*324Ce Weight mast er: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE 11/2/2001 CAUSED BY DELIVERY INSIDE CURB LINE. 11 :45 CUSTOMERID JOB NO. CUSTOMER ORDER NO. TAG NUMBER CITTRAN SOLD TO: DELIVERU�jp.'jvered From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 Delivery Instrijctions : Comments : DELIVERY TICKET Ticket # et .396651 P.O. Box 1850 Sumner, WA 98390-0400 253-863-4556 • 253-850-1775 rs spat CITYTK*324C6 Weight master,: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE 12:45 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. ER CITTRAN SOLD TO: DELIVER ' CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 SUMMER 9839Z, Job ID: 01•-19 s trurt t on,. . Comments : PRODUCT NQ. PRODUCT DESCRIPTION 418 TYPE 2 (POS) HAULER NO. HAULER DESCRIPTION CT263 CTI TK #263 T&T CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WE' .5 PORTABLEI GROSS: !�"� �j Lbs TARE: 40000 Lbs SCALE NO. DRIVER ON OFF Net : 71520 L b s Met Tons : �,5. 76 RECEIVED BY DELIVERY TICKET Ticket # P.O. Box 1850 396650 Sumner, WA 98390-0400 a" 253-863-4556 - 253-850-1775 E S CITYTK*324C6 Weightmaster: AM DATE TIME 11/2/2001 NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAa. U BER CITTRAN SOLD TO: DELIVEREtbTpiver-ed From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX IB50 SUMNER 9839a Job ID: 01-19 Delivery Instv-uctions - Comments : PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION CT263 CTI TIC, #263 T&T CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 1 PLANT NAME PLANT NO. PORTABLE GROSS: Tff WE §40 Lbs TARE: 40000 Lbs SCALE NO. DRIVER ON OFF Net : 7 0'24 0 L b s RECEIVED BY Net Tons : 35. 12' DELIVERY TICKET Ticket # 396653 F!O. Box 185U Sumner, VVA9839U'040O Ac 253'863~4556 ^ 253-850-1775 —~-- QTvTK*324Ce Weightmaster: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE 12.,,30 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. LR CITTRAN SOLD TO: DELIVERED TO: COURSE CITY TRANSFER INC Comments : Ticket # DELIVERY TICKET 396652 P.O.CIO Bom185Q Sumner, VVAB8390'O400 effy ARM 253'863'4556 ^ 258-858'1775 --- o|TvTx*324C6 Weightmaster: AM DATE TIME I 112/2001 NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. 'N.. ER CITY TRANSFER INC 11APILEWOOD GOL-F COURSE PO BOX 1850 Comments : yERYl0CKET Ticket # 396583 ) Box18G0 VVAS83SO'O4OO 556 ^ 253'850'1775 |TvTK*324C6 Weightmaster: AM DATE TIME 10/29/200J NOT RESPONSIBLE FOR DAMAGE 2, 15 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. ER SOLD TO: DELIVERP37%�verle-cjl F-rum . CITY I-RAI'qSFI*:':-.R INC: MAPLEWOOD GOLF COURSE PO BOX 1850 Comments : DELIVERY TICKET Ticket lk ## �t It 39858E 0 P.O. Box 1850 Sumner, WA 98390-0400 ary 253-863-4556 • 253-850-1775 �,rE 5JQ CITYTK*324C6 Wei ghit mast er,: AM DATE TIME 10/2'9/2001 NOT RESPONSIBLE FOR DAMAGE 1 :20 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. 17y tER CITTRAN SOLD TO: DELIVERt1P CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 SUMNER 9839 Job ID: 01-19 CommentS : PRODUCT NO. PRODUCT DESCRIPTION :i cy TYPE 2 (POS) HAULER NO. HAULER DESCRIPTION CT2 �11.0 Cl-I K �#21.0 ..t.`.._ CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 234. 07 PLANT NAME PLANT NO. WEIFal�lTS.�� Lbs_E=l GROSS.. ..._. TARE: 40700 Lbs SCALE NO. DRIVER ON OFF Net : E5900 Lbs Net Tons : 32. 95 RECEIVED BY DELIVERY TICKET Ticket # 39E581 P.O. Box 1850 Sumner, WA 98390-0400 +� ®Q 253-863-4556 • 253-850-1775 O�iE S%) CITYTK*324C6 Weightmaster: AM DATE TIME 10/29/200 J NOT RESPONSIBLE FOR DAMAGE 1c':30 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. itd' ER i..1.._''i- I`d SOLD TO: DELIVERMFZ' V er'e ')''Om : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 SUMNER 98390 Job ID: 01-19 Delivery Instructions ; Comments : PRODUCT NO. PRODUCT DESCRIPTION 418 TYPE ` (POS) HAULER NO. HAULER DESCRIPTION CT2'l0 CTI TK 44:2"10 T&I CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY i_. 201. 12 PLANT NAME PLANT NO. WEIGHTS I'ORTABL.E1 GROSS. 107520 Lbs TARE: 40700 Lbs SCALE NO. DRIVER ON OFF Net : 6682'0 Lbs Net Tons : :.3u. 41 RECEIVED BY DELIVERY TICKET Ticket # coo 396580 PO. �m1�Q Sumner, VVAQO3Q0'0400 253'863-4556 ^ 253'850'1775 --- c|TvTxrnu*oe Weightmaster: AM DATE TIME 10/29/200j NOT RESPONSIBLE FOR DAMAGE 11 L�o CAUSED BY DELIVERY INSIDE CURB LINE. C I TT RAN SOLD TO: DELIVERF CITY TRANSFER INC MAPLEWOODGOLF COURSE PO BOX 1850 Delivery Instructions : Comments : DELIVERY TICKET Ticket # P[>. Box185O 396579 Sumner, VVA983SO'O40U 253'863'4556 ^ 253'850'1775 --- C|TYTp*324o6 Weightmaster: AM DATE TIME CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO, CUSTOMER ORDER NO. TAQ,rNUWFR CITTRAN SOLD TO: IELIVERER.�pj vered From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 Delivery Instructions : Comments : DELIVERY TICKET Ticket ## �(aA ,',`.�F.,078 COO P.O. Box 1850 Sumner, WA 98390-0400 ary O AC 253-863-4556 • 253-850-1775 Rp,TE SJQQ CITYTK*324C6 Weightmaster: AM DATE TIME 10/29/2001 NOT RESPONSIBLE FOR DAMAGE 08:50 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. A ER CITTRAN SOLD TO: DELIVERtt�V U I ' CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 SUMNER 98390 Job ID: 01-19 Comments „ PRODUCT NO. PRODUCT DESCRIPTION 4.18 TYPE ' (POS) HAULER NO. HAULER DESCRIPTION C _i i i �I.ILI f iR. E CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 100. '68 PLANT NAME PLANT NO. PORTABLE'. GROSS: WEI �B Lbs TARE: 40700 Lbs SCALE NO. DRIVER ON OFF Net : 66280 Lbs Net Tons - 33. 14 RECEIVED BY DELIVERY TICKET Ticket # t r c•- P.O. Box 1850 3 96 J 77 Sumner, WA 98390-0400 am° MAC W 253-863-4556 • 253-850-1775 rE s Jte� CITYTK*324C6 Weightmaster: AM DATE TIME 10/29 2001 NOT RESPONSIBLE FOR DAMAGE 08:00 CAUSED BY DELIVERY INSIDE CURB LINE, CUSTOMER ID JOB NO. CUSTOMER ORDER NO. p"pV9 $€R CITTRAN SOLD TO: DELIVERP:t0pi V ered From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 SUMNER 9839 Job ID: 01-19 Delivicery In S'Lr'I_tCt: i0r'i[S : Comments : PRODUCT NO. PRODUCT DESCRIPTION 418 TYPE 2 (POS) HAULER NO. HAULER DESCRIPTION CT2=10 CTI TK #210 T8T CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 67. 24 PLANT NAME PLANT NO. WEIGHTS PORTABi_E1 GROSS: 108020 Lbs TARE: 40700 Lbs SCALE NO. DRIVER ON OFF Net : 67320 Lbs Net Tons : 33. 66 RECEIVED BY DELIVERY TICKET Ticket # 00 396576 PO. �m1�Q Sumner, VVAQ83SO'O480 � 253-863-K556 ^ 253-8�50'1775 --- C|TYT**ou*Co Weightmaster: AM DATE TIME CAUSED BY DELIVERY INSIDE CURB LINE. ITTRAN SOLD TO: DELIVERM--,lDjLvered From .- CITY TRANSFER INC MAIDLEWOOD 601-F COURSE PO BOX 1850 Delivery Instructions : Comments : HAULER NO. HAULER DESCRIPTION CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 33. 58 PLANT NAME PLANT NO. WEIGHTS PRODUCT NO. PRODUCT DESCRIPTION TARE: 40700 Lbs SCALE NO. DRIVER ON OFF Net : 67160 Lbs Net Tons : 33. 58 DELIVERY TICKET Ticket # R A 396592 P.O. Box 1850 Sumner, WA 98390-0400 a" JQQv 253-863-4556 - 253-850-1775 rE S CITYTK*324C6 Weiqhtmaster-: AM ' TqM I IZI) IZI Izi NOT RESPONSIBLE FOR DAMAGE '13 CAUSED BY DELIVERY INSIDE CURB LINE. P H A S F cIf',YMNN JOB NO. CUSTOMER ORDER NO. TAG NUMBER T",p I i upi—pri F-r-nmn SOL�-Tf-TY. IELIVIRR� 9 TRANSFER INC LEWOOD GOL-F COURSE PO BOX 1850 SUMNER 9839D Job ID.- 01-19 Comments : PRODUCT NO. PRODUCT DESCRIPTION 418 TYPE 2 (POS) HAULER NO. HAULER DESCRIPTION CT2 11 CTI Ti-1, #t'211 "l-&*7 CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 202. 99 PLANT NAME PLANT NO. PORTABL!--,l GROSS: WEl9ff§40 Lbs rARE. 40700 Lbs Net : 69540 Lbs SCALE NO. DRIVER ON OFF Net Tons : 34. 77 RECEIVED BY DELIVERY TICKET Ticket # 396590 P.O. Bom185Q Sumner, VVAS83S0'O400 253'863'4556 ^ 253'850'1775 rE---S%5 o|TvTK*324C6 Weightmaster: AM DATE TIME 10,129/2001 NOT RESPONSIBLE FOR DAMAGE 1 :20 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. ;N. ER SOLD TO: DELIVEREteTbiVel-ed I—rlolv : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 Comments : DELIVERY TICKET Ticket # 396587 PC). Box 185O Sumner, VVASB3SO'O4O0 253'863'4556 ^ 253'850-1775 rE---It C|TvTK*324C6 Weightmaster: AM NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. 9!l-yMNN JOB NO CUSTOMER ORDER NO. TAG NUMBER SOLILTPI-y TRANSFER INC: DELIVER RhT-91'-EWOOD GOLF COURSE PO BOX 1850 Comments : DELIVERY TICKET Ticket # it 396586 P.O.coo Bom185Q Sumner, VVAS839O'04OO 253'863'4556 ^ 253'850'1775 re S --- C|TvTxr324o6 Weightmaster: AM DATE TIME CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. R CITY TRANSFER INC MAPLEWOOD GOLF COURSE Comments : DELIVERY TICKET Ticket # 396585 P.O.CIO Bom185Q Sumner, VVAS8380'04UO arr Row 253'863'4556 ^ 258'850'1775 rE--- C|TvTK*324n6 Weightmaster: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. CITY TRANSFER INC MAPLEWOOD GOLF COURSE Delivery InStt-IACt ions : Comments : DELIVERY TICKET CIOaj P.O. Box 1850 Sumner, WA 98390-0400 aff 253-863-4556 - 253-850-1775 CITYTK*324C6 Wei ght mast er: AM DATE TIME 10/29/200J NOT RESPONSIBLE FOR DAMAGE 07.-22 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER CITTRAN SOLD TO: DELIVERF- p Avered From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PIO BOX 1850 SUMNER 98391D Job ID.- 17.11-19 Delivery Instri-tctions : Comments : PRODUCT NO. PRODUCT DESCRIPTION 13. TYPE 2 (POS) HAULER NO. HAULER DESCRIPTION CT'2 11 CT TK #211 T&T CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY PLANT NAME PLANT NO. WEIGHTS PORTABLE1 GROSS: 106'960 Lbs TARE: 40700 Lbs SCALE NO. DRIVER ON OFF Net : 66260 Lbs Net Tons : 332. 13 RECEIVED BY DELIVERY TICKET Ticket # ItA 396635 P.O.coo Box1850 Sumner, VVA98300'0400 253'863'4556 ^ 253'850'1775 --- on`n'n*324c6 Weightmaster: AM NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. JOB NO. CUSTOMER ORDER NO. TAG NUMBER llleliver,pd From . PO BOX IB50 Comments : DELIVERY TICKET Ticket # JR 396627 PO. Bom185Q 5umneqVVA983Q0'O400 arr 253-863'4556 ^ 253'850'1775 --- C|TvTK*324oe Weightmaster: AM DATE TIME �0129120Z NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. TAG:Nl BER CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 Comments : DELIVERY TICKET Ticket # A 396626 c P.O. Box 1850 Sumner, WA 98390-0400 ary 253-863-4556 • 253-850-1775 O�tE guQ CIMK*324C6 We i Ght master,: AM _ DATE TIME 10/213 2001 NOT RESPONSIBLE FOR DAMAGE 11 :45 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. E`R SOLD TO: DELIVERED-Tbu V e r e "r'o m : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 SUMNER 98:19 . Job ID: 01-19 a. Y s truct tons ; Comments : PRODUCT NO. PRODUCT DESCRIPTION 418 TYPE' CW HAULER NO. HAULER DESCRIPTION CT"8 CTI TK #2E8 CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY c_215. 09 PLANT NAME PLANT NO. WEI?p POR"FnBLE 1 GROSS: }1l��LIXR80 Lbs TARE- 40500 Lbs SCALE NO. DRIVER ON OFF Net - 68380 Lbs Net Tons : 34. 19 RECEIVED BY DELIVERY TICKET Ticket # 396623 PO. �m1�0 Sumner, VVAS8390-04OU 253'863'4556 ^ 253'850'1776 --- o|TvTw° u4Cs Weightmaster: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE 11 :00 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. PMAO&ER SOLD TO: DELIVERffb-rp.jver-ed From : CITY TRANSFER INC MAPLEWDOD GOLF COURSE Comments : DELIVERY TICKET P.O. Box 1850 Sumner, WA 983900400 253-863-4556 • 253-850-1775 01Q SO CIMK*324C6 Weightmaster,: Am DATE TIME 10/29/200 NOT RESPONSIBLE FOR DAMAGE 1 0:00 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. ;1C7�{4BR CITTRAN SOLD TO: DELIVERF T17:ivereb From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE FAO PDX 1850 SUMNER 9830"I Job ID: 01-19 Delivery Instructions : Comments : PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER DESCRIPTION CT226 CTI TK #2 26 T&T CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 137. 68 PLANT NAME PLANT NO. WEIGHTS PORTABLE1 GROSS: 109620 Lbs TARE: 40500 Lbs SCALE NO. DRIVER ON OFF Net : 69120 Lbs Net Tons : 34. 56 RECEIVED BY DELIVERY TICKET AtaA Ticket # P.O. Box 1850 3966 19 ' Sumner, WA 98390-0400 a" L W 253-863-4556 • 253-850 1775 s�o,TE s�Qav CIMK*324C6 Weightmaster,: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE 10/29/2 00. CAUSED BY DELIVERY INSIDE CURB LINE. 08:30 CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER PHASE: CTTTRAN SOLD TO: DELIVERMTP1 v er-ed From : CITY TRANSFER INC MAPLE=WOOD GOLF COURSE PO BOX 1850 SUMNER 9839ZI Job ID: 01-19 Delivery InStt'UctiOnS : Comments : PRODUCT NO. PRODUCT DESCRIPTION 418 TYPE c (POS) HAULER NO. HAULER DESCRIPTION CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 10._,. 12 PLANT NAME PLANT NO. WEIGHTS IDORTABLEI GROSS: 109820 Lbs ""ARE: 40500 Lbs SCALE NO. DRIVER ON OFF Net : 69320 Lbs Net Tons : 34. 66 RECEIVED BY DELIVERY TICKET Ticket # � " coo �� P.O. Box 1850 3`36618 Sumner, WA 98390-0400 253-863-4556 • 253-850-1775 TE guQ CITYTK*324C6 Wei ghtmaster--: AM DATE TIME 10/29/200J NOT RESPONSIBLE FOR DAMAGE 07:30 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. PH09FER C I T T R A!"J SOLD TO: DELIVERfljTP1 V er'ed From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PIO BOX 1850 SUMNER 9839 Job ID: 01-10 Delivery Instrl-i;_tions : Comments : PRODUCT NO. PRODUCT DESCRIPTION 418 HAULER NO. HAULER DESCRIPTION CTE26 CTI TK #226 T&l- CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 68. Erb PLANT NAME PLANT NO. WEIGHTS PORTABLE- GROSS-. i 1`�0 Lbs TARE: 40500 Lbs SCALE NO. DRIVER ON OFF Net - 70720 Lbs Net Tons : 35. 36 RECEIVED BY DELIVERY TICKET F!(}. Box 1850 Ticket # Sumner, VVA98300'0400 396643 AC 253'863~4556 ^ 253'850'1775 TE---' C|TvTw°324C6 Weightmaster: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CU�§fdMlffff ID JOB NO. CUSTOMER ORDER NO. TAG N 901ff Delivered FrDM : CITY TRANSFER INC MAPLEWOOD GOL-F COURSE Delivery Instructions : DELIVERY TICKET �t P.O. Box 1850 Ticket # Sumner, WA 98390-0400 3135-G42 253-863-4556 • 253-850-1775 O,*E SVQ CITYTK*324C6 Weightmaster: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAG NUMBER PHASE: SOLD TO: DELIVERED TO: Delivered From : CITY TRANSFER INC MAPLEWOOD GOL1= COURSE PO BOX 1850 SUMNER r —•r Delivery Instr-uctions : PRO 6 ' PRODUCT DESCRIPTION 4. HAULEF IZ] HAULER tESCRIF'7f0 CTI 4gUtf-iZ CUSTOMEY T C O. �"" LOAbS TODAY TONS TODAY PLANT NAME PLANT NO. s..� WEIGHTS` `'� SCALE - DRIVER ON OFF GROSS: 1111010 Lbs TARE: 38400 Lbs Net - 7;.'700 Lbs RECEIVED BY Net Tons : 36e 35 DELIVERY TICKET CIO P.O. Box 1850 Sumner, WA 98390-0400 07Y AVAC 253-863-4556 - 253-850-1775 r E S%3Qav CITYTK*324C6 Weightmaster: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMER ib--- JOB NO. CUSTOMER ORDER NO. TAG NUMBER PHASE. 1,1 TT R A SOLD TO: DELIVERED TO: Delivered From : CITY TRANSFER INC MAPLE-WOOD GOLF COURSE PO BOX 1850 Rl Ilymv--p P) Job ID.- IZII-19 Delivery Instructions : PRODUCT NO. PRODUCT DESCRIPTION HAULER NO. HAULER X'7' CTI fiRUrk`N-6. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY 5 PLANT NAME PLANT NO. WEIGHTS 1-7,(-, -1 ': F.-'i GROSS- 109600 Lbs SCALE NO. DRIVER ON OFF TARE: 36400 Lbs Net : 712OIZI Lbs RECEIVED BY Net Tons : 35. 60 DELIVERY TICKET Ticke�, 396640 P.O. Box 1850 Sumner, VVAA83Q0'U400 253-863'4556 ^ 253'850'1775 ---- o/TYTK*324c6 Weightmaster: AM DATE TIME -55 NOT RESPONSIBLE FOR DAMAGE 09. CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. It.R CITTRAN SOLD TO: DELIVEREbuibiverled F-r-oin :: CITY TRANSFER INC MAPLEWOOD GOL-F COURSE PO BOX 1850 Comments : DELIVERY TICKET Ticket # ItA P.O. Box 1850 396639 Sumner, WA 98390-0400 253-863-4556 • 253-850-1775 C4 rE gJQ CITYTK*324C6 Weightmaster: AM DATE TIME 10/29/200 NOT RESPONSIBLE FOR DAMAGE 09 9 10 CAUSED BY DELIVERY INSIDE CURB LINE, CUSTOMER ID JOB NO. CUSTOMER ORDER NO. TAC tAIIJMBER CITTRAN I-Y1 IBC SOLD TO: DELIVER5AETO:ivered From CITY TRANSFER INC MAPLEWOOD GOL-F COURSE PO BOX 1850 SUMNER 9839 Job ID: 01...19 Delivery Instr-actions -. Comments « PRODUCT NO. PRODUCT DESCRIPTION 418 TYPE 2 (POS) HAULER NO. HAULER DESCRIPTION CT225 CTI TV, #1='=15 TFT CTI TRUCK NO. CUSTOMER TRUCK NO. LOADS TODAY TONS TODAY I OS. 8" PLANT NAME PLANT NO. WEIGHTS PORTABLEI GROSS: IQ19800 Lbs TARE: 38400 Lbs SCALE NO. DRIVER ON OFF Net : 71400 Lbs Net Tons : 35. 70 RECEIVED BY DELIVERY TICKET Ticket # P.O. Box185U 396638 Sumner, VVAQ83SO'040O AC 253'863'4556 ^ 263'850'1775 --- C|TvTx*nu*Co Weightmaster: AM DATE TIME 10/29/20CII NOT RESPONSIBLE FOR DAMAGE 08 20 CAUSED BY DELIVERY INSIDE CURB LINE. CUSTOMERID JOB NO. CUSTOMER ORDER NO. TjNq NUMBER C I TT RAN SOLD TO: DELIVERM T. CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 Delivery Instructions : Comments : DELIVERY TICKET Ticket # 396637 RO. �m1�0 8umneqVVA883BO'O4O0 253'863'4556 ^ 253'850'1776 --- c|TvTK*324o6 Weightmaster: AM DATE TIME NOT RESPONSIBLE FOR DAMAGE 1.0 9 2 0 01 CAUSED BY DELIVERY INSIDE CURB LINE, 07: 15 CUSTOMERID JOB NO. CUSTOMER ORDER NO. ER Amin - CITTRAN SOLD TO: DELIVERED TO, Delivered From : CITY TRANSFER INC MAPLEWOOD GOLF COURSE PO BOX 1850 Delivery Instructions : � Comments : J. DELIVERY TICKET STONEWAY ROCK &'RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6806 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. 7771C.K . P r,i II_;. F{Ft�tIr,:ra sa JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / IO SPECIAL INSTRUCTIONS IO ❑VISA ❑ MASTERCARD ❑DISCOVER • U.M. RODUCT•• • • • • UNITPRICE AMOUNT 1 w DRIVER TRUCK NO. ORDERED BY REMIT TO • a # 9125 10th AVE.S.. DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE CUSTOMER RELEASES AND AGREES IO-H'O'L +iARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION,QOMPANY,:INC,-FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIAkS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE -'' • • PRINT NAME DATE REV 12/99 NBF PLANT COPY r 1 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 'MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAMECUSTOMER P.O. JOB NO DELIVERY TICKET NO. I`+ 4 ', q t.e0 JOB ADDRESS !E COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXP. l f ar, #€"i("; ! 11, I ss out 14 :I.) 1. l..I l ❑VISA 0 MASTERCARD El DISCOVER P -'77 CODE DESCRIPTION UNIT PRICE AMOUNT 1 'POt, rtq .0 0 t, t i~11710,` };t.tk4...k, . �. DRIVER TRUCK NO. ORDERED BY REMIT TO y 9125 10th AVE.S. • 1 DISPATCHER TAX CODE TIME DUE SEATTLE,WA98108 TERMS ON REVERSE { RELEASE —CUSTOMER RELEASES AND AGREES T-0 HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • • PROPERTY CAUSED BY DELIVERY OFlMA7ERI4:§LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE r PRINT NAME {` "— DATE • 3EV 12/99 NBF COPY Y a1 V !— DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206) 762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK BLACK RIVER QUARRY (a2s)22s-loon 6808 SOUTH 140TH ST. • RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOBADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS -7 1 t:i i(Y1tr,E ?I F t t s..,; 4�(it 4( .( ¢) (I1 4 9 ❑VISA El MASTERCARD ❑DISCOVER • •• DESCRIPTION TONS • • c.0 w DRIVER TRUCK NO. ORDERED BY REMIT TO { 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE —CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY::CSMATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE / • ' PRINT NAME DATE REV 12i99 NBF PLANT COPY DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO: ORDER N0. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. D IVERYTICKET NO JOB ADDRESS _ COLLECT ON DELIVERY(C.O.D.) f-i4 ,s- ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS It .I 0, F t a[. f fi ❑VISA ❑MASTERCARD ❑DISCOVER DESCRIPTION- • � • GC,7 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 i TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC.—FOR•ANY`DAMAGE TO HIS REAL OR PERSONAL • • • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED.ABOVE.DttAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME -- DATE REV 12/99 NBF PLANT COPY DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK BLACK RIVER QUARRY (425)763-17 6808 SOUTH 140TH ST • RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206) 63-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. . Cl I -f POP JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS �'�T f ...- U ){.tr4i—li J F .I 1 .b: 1 it I),Il � [I VISA El MASTERCARD El DISCOVER • IIIII&IIAL • • DESCRIPTION TONS • • w DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • SEATTLE,WA DISPATCHER TAX CODE TIME DUE 98108 A ;.;� _ TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES'TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A _ DIVISION OF GARY MERLINO C;DNSTRUCTION''COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • • • PROPERTY CAUSED BY DELIVERY OF MATfAALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE' • • PRINT NAME DATE REV 12/99 NBF PLANT COPY t DELIVERY TICKET STONEWAY ROCK &RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. TCKET NO. G V) Y tag t I`: i C:. ). II.:w lohvil JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. � SPECIAL INSTRUCTIONS ❑VISA D MASTERCARD ❑DISCOVER DESCRIPTION o � DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEA 98108 WA 8108 I)A(1 I,a;3 tl€ TERMS ON REVERSE RELEASE —CUSTOMER RELEASES ANVAG,REESTO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION UMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • ' PROPERTY CAUSED BY DELIVERY OrMATERI S LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE ' • ' PRINT NAME DATE REv,2iss N6F PLANT COPY DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT&' BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# `CUSTOMER NAME CUSTOMER P.O. JOB NO. FUELTIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS C'7 I I r,if{l"ff 'i c. I t..f_,, .."pt 4?II. 1::.t`s t' (_i 1 El VISA ❑MASTERCARD ❑DISCOVER • • DES ��-77 CRIPTION • UNIT PRICE AMOUNT 1 J� DRIVER TRUCK NO. ORDERED BY ONE- REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE^ TIME DUE SEATTLE,WA 98108 SALES TAX I, i TERMS ON REVERSE RELEASE—CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. i .CUSTOMER SIGNATURETOTAL1 AMOUNT PRINT NAME DATE REV 12/99 NBF PLANT COPY STONEWAY ROCK & RECYCLING DELIVERY TICKET ACCOUNTING:9125 TENTH AVENUE SOUTH ACCOUNTING (206)762-2566 SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206).763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. Ili) LAI JOB ADDRES 777;,,ef S COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXR / T-� 1 11T#"1€!I°( t" l..t ., l 4c=4!( '�=: } ".li,_[I El VISA El MASTERCARD ❑DISCOVER " • • DESCRIPTION • • • 40, :I,W'Iiu I s DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEA 98108 WA 8108 II=iI,1 1,a s''7f ' r r-.'s TERMS ON REVERSE RELEASE—CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS.LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE ?' • " IP r PRINT NAME DATE • 12/99 NBF PLANT COPY TICKET VERY DELI STONEWAY ROCK & RECYCLING DEIACCOUNTING ( 7s2-25ss ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 'MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TI NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / J SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER • • • • US • • • • 40 10 9 s" ��°:�y'cr;���� { • ?s &�y��l�:f";r �i� G{i.�: t � fir_ �hk,t 1 M✓' 9 , rfiI I DRIVER TRUCK NO. ORDERED BY REMIT TO TAL 9125 10th AVE.S. • Y SEATTLE,WA DISPATCHER TAX CODE TIME DUE 98108 _ TERMS ON REVERSE RELEASE—CUSTOMER RELEASES AND AGREES TO HOLD xHARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • y PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. E CUSTOMER SIGNATURE • IVA FiTill °RINT NAME DATE ,z NBF - PLANT COPY DELIVERY TICKET STONEWAY ROCK &.RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER N0. PROJECT PLANT# tCUSTOMER NAME. rr CUSTOMER P.O. JOB NO. 71VER . JOB ADDRESS COLLECT ON DELIVERY (C.O.D.) AGO ❑CASH ❑CHECK# ❑CHARGE CARD# EXP; � SPECIAL INSTRUCTIONS ('T ?: #.1.'s t 4i:#I ❑VISA ❑ MASTERCARD ❑DISCOVER okgkwm •• DESCRIPTION • _f' F :~:?. • tF='F� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB—TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 lit i! •;){ 1 a _ TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE REv,z/ss NBF PLANT COPY DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXR / SPECIAL INSTRUCTIONS { y (( ( tw y } {j q ❑VISA ❑MASTERCARD ❑ DISCOVER I IF{jYri.13"4 t'� � l-�....q ;��i"�� it_.f_' s`YA,F i_ PRODUCT • • .M. CODE DESCRIPTION • • • r: �r, .f'ff,1 d 't. R1 't t , il_ F I°E' '•� 100 1 r� lic 1 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 i TERMS ON REVERSE RELEASE- CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING,A _ DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • • • PROPERTY CAUSED BY DELIVERY'OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY DELIVERY TICKS, jTONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 CCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT&ORDER DESK (425)226-1000 SEATTLE,WA 98108 (206)762-2566 FAX (206)763-4178 SLACK RIVER QUARRY i 808 SOUTH 140TH ST. • RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION CO SAVE JOBC ARRIVE PLANT ELOCATEE] LEAVE PLANT EARRIVE JOB PLANT# CUSTOMER NO. ORDER NO. PROJECT {`' CUSTOMER P.O. JOB NO, OUSTOMER NAME IanI JOBAD I DRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / f SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER tjj i i • . . DESCRIPTION • • tiu !'1^n.� � F�'F: C.�tr lE a DRIVER TRUCK NO. =ORDERED REMIT TO • 9125 10th AVE.S. SEATTLE,WA DISPATCHER TAX CODE TIME DUE 98108 SALES TAX TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK RECYCLING, A BALANCE •, DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAA L OR PERSONAL PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. asTOTAL CUSTOMER SIGNATURE AMOUNT DATE PRINT NAME REV 12/99 NBF PLANT COPY DELIVERY TICKET STONEWAY ROCK K RECYCLING ACCOUNTING (206) 762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. I`t l JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER U.M. PRODUCT DESCRIPTION CODE C� r� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. UB-T• TA DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • ' ' PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF ' INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the-date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser Agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigneWsuwn employees. The undersigned's duty to defend,indemnify and hold Seiler harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s)l Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or ag regate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 5. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement,pf the.sarne and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the-storage,use or handli ag of said materials. . j x DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • PRODUCT DDIESCRIP TION • • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT, All invoices are due for payment by the 30th day after the date of.invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of+hirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed;it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. ....4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused. by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Indust ial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. FurtheCthe indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate. products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seiler or breach of warranty by Seller. 5. CLAIMS AND BACK C114ARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seiler for any reason, including breach of contract or bLbach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Puchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET rsTONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD El DISCOVER DESCRIPTION I UNIT PRICE AMOUNT DRIVER TRUCK NO. - ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE -CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • ' ' PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and Winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims, demands, losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place.of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO, DELIVERY TICKET NO. Joe ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER QUANTITY U.M. PRODUCT DESCRIPTION CODE •s za DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE, CUSTOMER SIGNATURE • PRINT NAME DATE REV 12/99 NBF INTERNAL COPY or TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth In this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract frorn Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS, 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless,and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows; Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. • RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER DESCRIPTION We W. Me F� TRUCK NO. ORDERED BY REMIT TO W. 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX 1( 8 TERMS ON REVERSE RELEASE—CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING,A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth In this Contract. in the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition: Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2, TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties f6r property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to orfor any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies, Seller's personnel related costs, reasonable attorney's fees, court costs, and all other claim-related expenses, including attorney's fees and other costs incurred by Seiler to enforce and establish Its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s), Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project, 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seiler in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. TDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑MASTERCARD ❑DISCOVER • ••�� DESCRIPTION0 A UNIT PRICE AMOUNT I , c< •v:• •......`. ? I., M e . DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' " PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS , 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30) days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAWS NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility,�p Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to SelleCs trucks phould th@trucks becoome damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indernity, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling, a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third Party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract, including without limitation,Purchaser's lost profits,Purchaser's goad will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. j DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206) 762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS ii COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑ DISCOVER PRODUCT U.M. CODE DESCRIPTION n • • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX u, TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • ' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account, Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. Q. DELIVERY CONDITIONS. Signed Purchaser has requested Stonevay Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage.personal injuries,truck towing and winching expenses,and/or damage to Seller's truck's should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses, and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement, Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party clairn(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not,be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will, and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762 2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER ••• • • •• • • • • AMOUNT ,• y } b r••Arf DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD Y PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF INTERNAL COPY i s TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below, Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses, and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation, Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB 7LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑ DISCOVER ! • ! DESCRIPTION TONS • • I ' N f , • 40 • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract, in the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to'collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seiler makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seiler and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling, a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies, Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seiler is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said materials. 9 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET N0. 7 JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER TOTAL DESCRIPTION TONS TONS I . 's l it DRIVER TRUCK NO. ORDERED BY REMIT TO TAL 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALESTAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY - • i TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms.all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition:Seller's obligation.to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1,25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's_trucks should the trucks become damaged;disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses, and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs, and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential darnages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET TONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 I13 CCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 LACK RIVER QUARRY ORDERDESK (425)226-1000 08 SOUTH 140TH ST RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 AP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • ••�� DESCRIPTION • • •eras° •.>"i DRIVER TRUCK NO. ORDERED BY REMIT TO TAL 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS s F. CRIEDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.2 per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shalt be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled pub' highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur a that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal Injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,persog0 injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Suer making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless,and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seiler for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seiler assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's goodwill,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contra or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,inclu death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER DESCRIPTION 0 UNIT PRICE AMOUNT • *jo vr . r , DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SAILESTAX TERMS ON REVERSE ' RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' '• PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims, demands,losses, and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET N0. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# [—]CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • • e DESCRIPTION • •NS • ��awryN'•�,� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1,25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED._If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume=responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled.or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any clairns,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees, For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses, and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING os z 7 ACCOUNTING:912 5 TENTH AVENUE SOUTH ( ) 6z 2566 SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. 1 1; JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑ DISCOVER • PRODUCT • CODE DESCRIPTI• • • • t♦ 4 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • , PRINT NAME DATE REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Setter such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2, TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seiler has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party clairn(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation, Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXR 44 ❑VISA ❑MASTERCARD ❑DISCOVER DESCRIPTION IL v ^V ,9 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE PRINT NAME DATE REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,,personal injuries;truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled of'stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other clairn-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seiler assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET C ET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. Job ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXR SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER QUANTITY U.M. •i• DESCRIPTION • • , Q -fir. 5....•��3 DRIVER TRUCK NO. ORDERED BY REMIT TO TAL 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE -CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' '• PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE REV 12/99 NBF INTERNAL COPY 0 TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth In this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seiler such information as is reasonably necessary for Seiler to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. if a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seiler assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks became damaged,disabled or stuck as,,a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,dernands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement, Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s), Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal Injuries,including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER • �•• DESCRIPTION to] AMOUNT Note]O-Rm r� w a DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALESTAX TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •" PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account, Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below, Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party ciaim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seiler. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TIC KET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK 425 226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑MASTERCARD ❑DISCOVER • •�• DESCRIPTION • • A Y ,yrf� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY 0 0 TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts.. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 3 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seiler)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,an&or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies, Seller's personnel related costs, reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seiler assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762 2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER PRODUCT DESCRIPTION CODE � +trfrr DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NEE INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees toossume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under,this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. .'t DELIVERY TICKET I" STONEWAY ROCK & RECYCLING FACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH LES/PLANT& BLACK RIVER QUARRY SEATTLE,WA 98108 • (206)762-2566 DERDESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. X (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER PRODUCT DESCRIPTION Eel ki CODE a % •f• df ld a �'d f J +r •y•e s, DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX t (.;ail TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMANIS NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims, demands, losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will, and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET N0. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS I , ❑VISA ❑ MASTERCARD ❑ DISCOVER DESCRIPTION 0? vY DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • ' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE Loll] REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth In this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.), Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks rnay become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below, Purchaser's duty to indernify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling, a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses, and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation, Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows; Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& BLACK RIVER QUARRY SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • •� DESCRIPTION • • • Q) Y f a s� Tt • , r.Jr .w mot DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY 0 9 TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1,25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS, 3. TAXES, All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims, dernands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish Its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seiler in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal Injuries,including death,and property damage arising from the storage, use or handling of said materials. 0 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER DESCRIPTION . . + �I� yt`JJ • . DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. DISPATCHER TAX CODE TIME DUE SEA 98108 WA 8108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to fumish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review an approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25% per month will be payable on all past due invoices of thirty(30)days or alder. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY. ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein a shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Sell make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that'may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the Uucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington St,)f� Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. PENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. I DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# []CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER • �•• DESCRIPTION • • of ;de- ol r. 44.• '• � y. F e I E �•' •e Y\ �• y •�eeaee• `1 •� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • TAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL 00 PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATUREgig[ PRINT NAME DATE REV 12/99 NEE INTERNAL COPY 0 0 TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller suctt information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department rnay review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4, DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller frorn any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seiler assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seiler. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM, If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death, and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206) 762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE _7CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. FUEDVERTTICRET NO. t <t, JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXR ❑VISA ❑ MASTERCARD ❑ DISCOVER 7� c •�•UCT •� tt:. 64, `.:1 I 1 t I E LyY. .+ i s I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this.Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to-,assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and, employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,dernands,losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. It a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. PENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET 4 0. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑MASTERCARD ❑DISCOVER • ��� DESCRIPTION TONS • o t OC R .•� " • Aj- •.'ate H 1�t,:' tf DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY ip 4,16 TERMS, CONDITIONS AND WARNINGS .11 CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty (30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and casts,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS, 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4 DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall riot be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET N0. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • PRODUCT• DESCRIPTION • AMOUNT • i • y 'I�I �Y•tt•• DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX I ! TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY r TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and`third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the p th requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from ar y claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from tie concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnif cation obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State, Industrial Insurance Act, Title 51 ROW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable too for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies ir the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. p 7: ti DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB 77 ARRIVE PLANT EAVE JOB DATE CUSTOMER N077DER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. i I u` t Ftti!•f'1,F t_i=� !i i't . JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER • • � DESCRIPTION • • AMOUNT - 7 tb, ksi, •• V DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE 1 TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • ' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller suchilriformation as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the,condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY 13ANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs;including appeals,bankruptcies, and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMANIS NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property, or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to p)ssume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become'damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected With the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling, a Division of Gary Merlino Construction Cornpany, Inc..or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies, Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish Its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party clairn(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. w DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. � I I JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER DESCRIPTION ••• m Eel 40,2Qj , f . •••eery ' • "•are o• DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • • ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1,25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAWS NOTICES TO ALL JOBS. 3. .TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall' include,as to all claims,demands, losses,and liability to which it applies, Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract, including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER N077DER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. i JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER r o-rl r'r • ••�� DESCRIPTION0 ijim a ?I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth In this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage'to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall related t reasonable ttorne 's fees,court costs and all include,as to all claims,demands, losses, and liability to which it applies,Seller's personnel e ated costs, a y e ,a other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including II be as follows: Notice of claims against Seller for an reason including but not limited to,breach of contract f contract or breach of warrant shall 9 breach o y, 9 Y or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. 0 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER QUANTITY U.M. PRODUCT CODE DESCRIPTION i f•r"-9 �+f •� j •+ i • ���-yya r .�.yam , DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' '• PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE Lei •PRINT NAME DATE REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(I:25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4, DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage'to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged, disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for darnages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees, court costs, and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through lion-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. 0 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. —j jl .1 JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) `Rt1t ❑CASH ❑CHECK# [-]CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • • � • • • • • 104,�f�0 7 40,L:c' i l. - I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE tea PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition, Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Storeway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not,be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property, proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) t ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • ��� DESCRIPTION • • >aL•HLL W GLE 1 11- ILL) q..; + ._�••���,1 N a DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF .f. INTERNAL COPY TERMS, CONDITIONS AND WARNINGS 1. CREDIT Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service,charges of one and,one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies, Seller's personnel related costs,reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage,use or handling of said materials. Y' I DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206)762-2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • •�• DESCRIPTION TONSTONS TOTAL 'it,"Ll. W,'LL- d'i'IF,aL-lj W . T h. l: M J DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •" " PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF INTERNAL COPY 0 TERMS, CONDITIONS AND WARNINGS 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract, 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller)to make use of a,path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability for property damage or personal injury that may result. Purchaser agrees to assume responsibility to Seller and third parties for property damage,personal injuries,truck towing and winching expenses,and/or damage.to Seller's trucks should the trucks become damaged,disabled or stuck as a result of Seller making use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent.to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees, court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death, and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET rsrTONEWAY ROCK & RECYCLING - AC,ACCOUNTING:9125 TENTH AVENUE SOUTH (206)SALES/PLANT& { SEATTLE,WA 98108 (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 {I 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. IVERY TICKET NO. j 049515 JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑DISCOVER • •• •• • • • I i I 1 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 f SALES TAX TERMS ON REVERSE f RELEASE —CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STO;.L.+.,Y ROCK & cCYCLI DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARN CREDIT Condltionprecedentto eller s obligation to perform any and all credit terms of payment must be setforth W-this 00'ritrad'V. In th9 absence d ariy such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon- is reasonably necessary for Seller to determine Purchaser's financial condition. Seller'a obligation to perform. precedent that Seller shall have thirty(30)'days from receipt of the executed Contract from Purchaser so t approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter per ; per month will be payable on all past due invoices of thirty(30)days or older. CREDITCARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAY MEN T tt owrrt�nd _ maki 'use o -he} a h re�uesfed'or for the delive� ,of mi atena and access to the project site. Purchaser also agrees in emnify,'hold harmless,and 'i I fun WN LRAM S. Seller ass Purchaser in connection with this Contract,including without limitation,Pu proximately resulting from any breach by Seller or breach of warranty by S CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any yeas breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall. include the reason(s)and grounds for the claim and the dollar amount or relief sought, FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN Tl-IRE` (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until S full payment far the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the sarne,at the p designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations andi ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING Ac ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS {{ ❑VISA ❑MASTERCARD ❑DISCOVER •oTe DESCRIPTION �2 2 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALESTAX TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STOi, WAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF PLANT COPY END— TERMS, CONDITIONS AND WARN!+ 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set foftMlin this Contr&t!WFfh the abs6hde o#'any 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING AC. OUNTING ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 ORDERDESK & 425 BLACK RIVER QUARRY ( )226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. YTI . JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑MASTERCARD ❑DISCOVER I • PRODUCT• DESCRIPTION • • CDC I I 1 I I DRIVER TRUCK NO. ORDERED BY REMIT TO I 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA I 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS 6:. ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE REV 12/99 NBF PLANT COPY 0 0 TERMS, CONDITIONS AND WARNINua to Seller's obligation to perform any and all credit terms of payment must vi any such credit terms,alldeliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish'Seller.such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligatiop to perform under this Contract is suhjct to.fhe condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser-so that Se ler's credit departrtient may review and approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older..CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make aN payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals, bankruptcies,-and post:-judgement collection efforts. STONEWAY ROCK&RFC YC LING,ROUTINELY.EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. _TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and §/tall be paid by Purchaser. I` DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlin Construction Company,Inc.(Seliera_,to make use of a path for the delivery of.materials and access to the project requiring trucks to travel beyond the boundaries of thei arest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and . that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that t is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability fqt proRppty damage or persorti l~#njue y that may,rQsuit. Pur"O, agreq u: me re pn� }ty ler andwjhird Part�e�to PK rty"c wrW—s"I j�r s t k towinc.,and winaltfrig entpe�ses ;a lto damage# Sel"ler hauld the- uCk3 i e danced,di for t ck a ult of 110 rnfik ng use of the path requested or for the delivery of materials and access to the protect site. � urchaser also agrees fo indemmfy, hold Harmless,and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested, path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents ano employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of th9 Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington Statei Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under,this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies In the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless sham include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable Ittorney's.fees,pourt costs,and all, other claim-related expenses, including attorney's fees and other costs incurred by Seiler to enforce and establish its right under this Agreement. Upon' Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to. Purchaser for any consequential damages incurred by, Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will, and any injury to person or property" proximately resulting from any bleach by Seiler or breach of warranty by Seller. 6. CLAIMS AND OACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including' breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contrao or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(.$)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAP' "-�dispute arises and cannot' f be resolved.the parties involved agree to binding arbitration through non-legal personnel. i TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seiler has receivedr full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the sarne,at the place of de6very� designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and/ ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, includin desath,and property damage arising from the storage,use or handling of said materials. l i DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNT—G (206) , ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. L VERY TIOiL JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑DISCOVER U.M. PRODUCT DESCRIPTION m Lai f-I I CODE J1 I I I {I `I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND A- ___ _D HARMLESS STONL. 'Y ROCr. & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNI 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forfR rn this Contract.' In the abseTi'ce of any such credit terms.all deliveries under this Contract are"Collect On. is reasonably necessary for Seller to determine Purchaser's finan precedent that Seller shall have thirty(30)days from receipt of th' executed d'ontrac Jfrom Purc aser so,that Seller's credit depart approve or disapprove any credit terms of payment Specified in this Co. TERMS OF PAYMENT. All invoices.are due for payment by the 30th d per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE AGCE'Ott! A7 TIME OF F*t1F;CHASE ONLY. { IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to sf open account. Purchaser shall make all payments,clue hereunder;in lawful money of the United States and in accordance with the terms hereof,with retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall,be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and-post-judgement collection efforts. STO ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS, TAXES...All federal,state and local taxes,assessments,fees duties and charges levied by.reason cxf this Proposal are in additionto prices quoted herein Purchaser's indemnification obligation on Industrial Insurance Act, Title 51 RCW. indemnification obligation under this Agr benefits payable to or for any third party under worker's compensation acts,dis specifically applies in the case of injuries to the undersigned's own employees. include,as to all claims,demands, losses, and liability to which it applies,Sell other claim-related expenses, including attorney's fees and other costs incurr Seller's tender of defense under this Agreement,the Purchaser agrees to appo{ counsel will be at the sole expense of the Purchaser. Seller is not res onsible for products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for'any consequential damages incurre Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or pro proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, inclu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,,breach of contra or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE- (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM If a dispute arises and cannot, be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seiler until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCO,. ,u (206) ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER N077DER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DEEI E YTI KET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • •• DESCRIPTION ==707m=m' i DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX fm TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & REULING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE r • • PRINT NAME DATE REV 12/99 NBF PLANT COPY " TERMS, CONDITIONS AND WARNING;a 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish So • is reasonably necessary for Seller to determine Purchaser's financial.,condition. Sellers obligatiprt to perform under this Contract" precedent that Seller shall have thirty(30)days from.r6ceipt.o{the-executed Contract from Purchaser so that Seller's credit department may review-and approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by the 30th-clay-after-the Aate.of.-in voice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREf.7tt 6ARb6 ARE ACCEPTED AT TIME Or PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall makdsa}/payments due.hereunldeiTh lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing; •party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK®ICCLiNG;1�7UTiN F:JCERGiSES.THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(SeUer)to make use of a.path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the n6arest traveled public, highway. Seller has advised that due to the size and'weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and. that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk-of the Purchaser and that Seller assumes no liability taX p Q rty d or personal injury that may re . Pur�h 0.1,§4 ufne red igr Arid hird parties for pro darrt,Age,per n4 +l r s, r ,tq�et�(� .and wincbfr tyl e�tp ts�s"3 if�d r#t�lgtf. a t i�S s P ki tl e'fxuc rP disab ed c Awry c ult of S. r � . raking'use f the path"reque#ed or'for the delivery of materia sand access to the projecf site."Purchaser also agrees to inderini y, hold harmless, defend Seller from any claims;demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requeste path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subj to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cau by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycffng,a Division of Gary Merlino Construction Company, Inc.or its agents employees,and(b)the Purchaser shall appl�only to the extent bf the negligence of the Purchaser or its agents,and employees. For the pur Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be,granted it under the Wash Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. urt er, t indemnification obligation under this Agreement shall not be limited in any.way by any limitation qn'the amount or type of damages, compensation"o benefits payable to or for any third party under worker's compensation acts,disability�'aenefit acts,or their employee benefit acts. This promipe of indem specifically applies in the case of injuries totu•�a undersigned's own employees,-The undersigned's duty to defend,indemnify and hold Seller'harmless s include,as to all-claims,demands,losses,and liability to which it applies,Setterla perV6pnel related costs,reasonable attorney's fees,court costs, an other claim-related expenses, including attorney's fees and other costs incurred by Seiler to enforce and establish its right under this Agreement. Upon Seller'$-tender of defense under this Agreement,the Purchaser agrees to appBint counsel of Seller's choice Ito defend against third party claim(s). Such cpunsei will be at the sole ex ense of the Pu haser. Seller is not.res onsible fonmeansand methods of placement of read mixed concrete or aqqreoat DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (2os> ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. . -JOB ADDRESS COLLECT ON DELIVERY .(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER DESCRIPTION MEMO.wolbZ -t- �II 1 l I 1 I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA i 98108 1 TERMS ON REVERSE RELEASE — ua i OMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE f,(� • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNIN CREDIT ondition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. in the absbnc4;5f,46y such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon Tequest to fu i h Seiler su ,mforma on as . y y g P .;.:,, I , .. . is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation k perform under this Contract is sub ect to the co ItiO _precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Sejler's-efedit department ma . approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due-for payment by the 30th day after the date of invoice. Service charges of one and one-qu per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCNAS IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid i' open account.-Purchaser shall make,all payments due hereunder in lawful money of the United States and in accordance with the terms retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs;including appeal&.bankruptcies,and-post-judgement collection efforts_ STONEWA`,,. ROCK&RECYCLINGf,OQUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. a-TAXES. All federal,state and local taxes,assessments,,fees,d4i"aad charges levied by.reason-ot this Proposal are in addition to prices quoted.herein and shall be paid by Purch DELIVERY CONDITION . make use of a path for the delivery. highway. Seller has advised that dU that trucks may become damaged,dis requiring Seller's trucks travel beyond the for propey damage orr> al injury.that ay re8uuras inturies tt� fc vxing and wirer ng expens ,andyorr,art raking use of the path'requested or'for the delivery'af,materials and acc defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resultin path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudule ; to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to per so by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Meriino Construction Company, Inc. employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For th Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purcha indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages c benefits payable to or for any third party under worker's compensation acts,'disability benefit acts,or their employee benefit acts. This promise specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller ha include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court c other claim-related expenses, including attorney's fees and other costs incurred by'Seller to enforce and establish its right under this Agree Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party cla counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete products on a project. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not-be liable to, Purchaser for any consequential damages incurred by, Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or property: proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seiler for.any reason,i breach of contract or breach of warranty,shop be as follows: Notice of claims ag9inst Seller for any reason,'including but not limited to,breach of con ra or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim sha include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHA$EWTO GIVE SUCH NOTICE WITHIN TH (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY$UCH CLAIM. if a dispute arises and can be resolved,the parties involved agree to biriding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shk remain with Seller until Seller has full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the plat designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governme t I r ordinances with regard to storage or placement of the same and shall indemnify and hold Seiler harmless against all claims for perso death, and property damage arising from the storage,use or handling of said materials. , i * DELIVERY TICKET I STONEWAY ROCK & RECYCLING ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK BLACK RIVER QUARRY (425)226-1000 I 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • •• DESCRIPTION • UNIT PRICE AMOUNT 354 u 1 � I I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE ._� �:- • • PRINT NAME DATE REV 12/99 NBF PLANT COPY irrw TERMS, CONDITIONS AND WARNINGS on ion precedent to Seller's obligation to perform any and all credit terms of payment must be forth ih-this Contract.`Ih the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precederit that Seller shall have thirty(30)days from receipt of the executed-Contact from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract, TERMS OF PAYMENT. All invoices are due for payment by-the 30th day after the date of invoice. Service charges of one and one-quarter.percent(1.2500,p" per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintai open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without; retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals;bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCUNG.ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway.Rock&Recycling,a Division of Gary Merl no make use of a path for the,deliyery of.materials and access to the project requiring trucks to travel beyond the bou highway.`-Sehbr has advisedthat due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become damaged;-disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that d e en Seller from any c arms,demands, osses,anliabilities to or y third parties arising from resulttng from,or connected with the use of the requeste path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and sub i to the limitations below. Purchaser's duty to indemnify Seller.for liability for damages arising out of bodily injury to persons or damage to propert 'ca by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc:or i employees,and i(b)the Purchaser shall apply only to the extent of the negligence of the Purch Purchaser's-indemnification oblioatioKorily;the Purchaser specifically and expressly waives any Industrial Insurance Act, Title 51 RCW. This waiver does not parmit a direct action by the Pu y i e e. indemnification pbilgation under this Agreement shall not be limited in any way by any limitation on the amount or type of benefits payableto or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit a specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify include,as to alllclaims,demands,losses,and liability,to which it applies,Seller's personnel related costs,reasonable attorn 'other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right ilnder this Agreement. Upon Seller's tender of defense under3his agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party cl Seller assu Purchaser in connection with this Contract,i proximately resulting from any breach by Seller or br 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, inclu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contr or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE 6. { 7 l DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOL- : ,,- ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& L ! SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# it CUSTOMER NAME CUSTOMER P.O. JOB NO. I bELTVERY TTCKET NO. JOB ADDRESS --- COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • •�• DESCRIPTION • • L) 1 1 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • J DISPATCHER TAX CODE TIME DUE SEATTLE,WA i 98108 Lit)( ; ":4 Ht TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEW, i ROCK & RECYCLING, A { DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• l PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF J PLANT COPY TERMS, CONDITIONS AND WARNINQq IMP Concliflon,precedent to Seller's obligation to perform any and all credit terms of payment must be set forth"in this Contract.In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees is reasonably necessary for Seller to determine Purchaser's financial condition. $eiler's obligation to pe precedent that Seller shall have thirty(30)days from receipt of the executed Contrac'f lrom Purchaser so that SeBer's credit department-ma approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT, All invoices are due for payment by the 30th day after the.date of invoice. Service charges of one and one-quaner- per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARbS ARE ACCEPTtD AT TIME OF`PtlRCHA�SE ONLY. iF PAYMENT IS MADE BY BANK open account. Pu retentign and without reg party shall be entitled to rec ROCK&RECYCLING RO TAXES. All federal,state and local taxes,assessments,f shall be paid byPurchaser. _DELIVERY CONDITIONS. Signed Purchaser has-requestad make use of.a path for the delivetry of,materials and access to the project highway. Seller has advit6d that due to the size and weight of trucks,damage that trucks may become damaged;disabled orstuck if Seller makes use of the pa requiring Seller's trucks travel beyond the nearest highway to obtain access to the' r•,.. � d�mag, ,�persona}�gjuty that rpay,result. �u' ees�a� '" rna mg use of the pa�fi requested'or for the delivery of materials an accessto the project site. Purc laser a so agrees i defend Seller from arty claims;demands,losses,and liabilities to or by third parties arising from,resulting from,or connec path,for the delivery of materials'twhethersueh claims may prove to be true or false,groundiess.orfraudulent,tD the full ex to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodilyinjury to perso by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,I»c: I employees,.and,(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For{h Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees,against the'Purchaser. Furthe, indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type ofdamages, compensatio benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indem Ic specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless include,as to all.claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,an If other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. U Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend a counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of.re products on a project. 5. LIMITATION ON DAMAGES. $eller assumes no responsibility, for, and shall not be liable to, Purchaser for any consequential damages inc Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will proximately resulting from any breach by Seller or breach of warranty by Seller. 6, CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for ani reason, inclu breach of contractor breach of warranty,shall be as follows: Notice of claims against Seiler for any reason,including but not limited to,:b ! or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF.PURCHASER TO GIVE SUCH NOTICE WITHIN T (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM, if a dispute arises and ca be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has recei full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold,Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage, use or handling of said materials. 1 --------------- --- -- - 0 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCO ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& BLACK RIVER QUARRY SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226 1000 6808 SOUTH 140TH ST RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# gg CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. I JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) i.J ❑CASH ❑CHECK# ❑CHARGE lj CARD# EXP. SPECIAL INSTRUCTIONS / ❑VISA ❑ MASTERCARD ❑ DISCOVER ••• • • • • •• • • • I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX 3 to TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STO',_. Y ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE - • • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WARNINGS CREDIT Condition precedent to Sellers o iga onto perform any and all credit terms of payment must beset forth in this Contract,"#fi the absenco of any#. such credit terms,all deliveries under this Contract are"Collect On is reasonably necessary for Seller to determine Purchaser's finanei precedent that Seller.shall have thirty(30)days from receipt of the executed Co Ltra' om-Purchaser satha R r rredlt dt iert DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (206) ; ,2256,_ ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERYTfLRETN(T JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXR / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER ••• • • •�IL"IIIIIIIIIIIIIIDESCRIPTION • • • !�1 �v k l k DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. i SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX ,o;' TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROC:. _ .=CYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FOR PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. II CUSTOMER SIGNATURE w �, • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNI . r. 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this CdntraW--(ti the absence of any, such credit temts,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furni$h Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is sublectto the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Sellers credit department may review and approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges.of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall matte all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,% th t retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,t party shall be entitled to recover reasonable attorney fees`and casts,including appeals,bankruptcies,and post-judgement collection efforts. S ROCK& RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local taxes,assessments,fees,duties-and charges levied by reason of this Proposal ate in addition to prices quoted herein shall be paid by-, ' DELIVERY CON rgn urc ;3ser has requested make use of a path for the deliyery of materials and access to the project requiring trucks to travel beyond the bou highway. Seller has advised that'due to the size and weight of trucks,damage to the premises and/or adjacent property, or personal injury that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their poll requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller as .for ptc;party= %_personal injury that ntpy result. Purchaser.�iireV to assufpe responsibility to Salter gnd third partiei:%L rty d J r uges,,trr rng ittId`winching expens@5;a r damagptt4 Se]F�,tcr ks§hould the"heks become 4g4d.djs ` ca t stu> kvi, 4 making use of the paff requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harm) defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the re path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and. to the limitations below. Purchaser's duty to indemnify Seller for:liability for damages arising out of bodily injury to persons or damage to property ca by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents an employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State, Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, indemnification obligation under this Agreement shall not be limited in any way.by any limitation on the amount or typ benefits payable,to or for any third party under worker's compensation acts,disability benefit acts,or their employee benef specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemni o er mess include,as to all claims, demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court casts,an other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and estabfth its right under this Agreement. Uporf Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be ait the sole a rise of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or a re at products on a LIMITATION ON DAMAGE . Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred b Purchaser in connection with this Contract,including without limitation,Purchaser's proxiniately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims Under this Contract against Seller for any reason, includin breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shalt include the reasons)and grounds for the claim and the dollar amount or relief sought. FAILURE OF..PURCHA4;ER TO GIVE SUCH NOTICE WITHIN THRE15 (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY$UCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein, Thereafter,in addition to fssuming ail risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with'regard to Storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,includin death, and property damage arising from the storage,use or handling of s 1 DELIVERY TICKET STONEWAY ROCK & RECYCLING A� ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK 42522 BLACK RIVER QUARRY ( ) 6-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB N0. DELIVERY TICKET-NU.-- JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑ DISCOVER U.M. PRODUCT DESCRIPTION CODE 7mF 3� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL SEATTLE,WA DISPATCHER TAX CODE TIME DUE 98108 SAILESTAX +I:I TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS AVAY ROCK & REC r-LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE -^C • • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WARNIN . CREDIT:Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contrauf.' In the a` such credit terrns,all deliveries under this Contract are"Collect On Delivery"(C.O.D). Purchaser agrees upon request is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's_obligation to perform under thi precedent that Seller shall have thirty(30)days from receipt of the executed Contract"from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoiced are due for payment by the 30th day-after the.date of invoice. Service-charges of one and one-quarter percent per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS.ARE AC&EPTED AT TIME OF PURCHASE ONLY. IF PAYMItl1T IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals;bankruptcies,-and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,f es,duties and charges levied by reason of this-Proposal are in addition to prices quoted herein and specifically applies in the case of injuries to the under include,as to all claims, demands,losses,and liabilit other claim-related expenses, including attorney's fees a Seller's tender of defense under this Agreement,the Purc counsel will be at the sole expense of the Purchaser. Sell 5. LIMITATION ON DAMAGES. Seller assumes no respo Purchaser in connection with this Contract,including with proximately resulting from any breach by Seller or breach 6: CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reaso breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to or warranty.must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. T include the reason(s)and grounds for the claim and the dollar amount or relief sought: FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute aris^s and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received{ full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery, designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and, ordinances with regard to storage or placement of the same and shall indemnify and hold.Seller harmless against all claims for personal injuries,includingi.`. 77 death,and property damage arising from the storage, use or handling of said mate" DELIVERY TICKET STONEWAY ROCK & RECYCLING A ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. D E LI V E RY TI C K T N-0. JOB ADDRESS - COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER CODE DESCRIPTION PRODUCT L�U t DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL ME DUE SEATTLE,WA DISPATCHER TAX CODE TI l98108 SALES TAX `f TERMS ON REVERSE RELEASE -CUSTOMi tr. -LEASES AND AGREES TO HOLD HARML�:,_; ;�.. )CK & RECYCLING, A _ DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WARNI CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contracfr In thb absence of such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such inform is reasonably necessary for Seller to determine Purchaser's financial conditign. Seller's obligation to perform under this Contract is subject to the c precedent that Seller shall have thirty(30).days from receipt of the executed Contract from Purchaser so that Seller's credit department may review approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT, All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PA IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed, it must be paid in order to mai open,account;;Purchaser shall mAke.alll,payments due hereunder in lawful money of the United States and in accordance with the terms hereof,wit- retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK & RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. ... TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reasonofthis Proposal are in addition to prices quoted herein and shall be paid by Purchas DELIVERY CONDITIONISigned Purchaser has requested Stoneway Rock ycling,a Division of Gary Merlino Construction Company, Inc.(Seiler)to make use of a path for the delivery of materials and,access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and. that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that de requirin Seller's trucks travel be and the nearest hi hwa to obtain access to the'ob site are at the risk of the Purchaser and that Se r products on a p $. LIMITATION ON DAMAGES. Seller assurrres no responsibility for, and shall not,be liable to, Purchaser for any con Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will, and proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for a breach of contract or breach of Warranty,shall be as follows: Notice of claims against Seiler for any reason,including but not limited to, c or warranty,must be given to Seller in writing Within three(3)working days after discovery or when discovery should have been made. The writt include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREe (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cann be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND,RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller h full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the plac designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regu ordinances with regard to storage or placement of the same and shall indemnify and hold Seiler harmless against all claims for personal injurie$.,inclu death,and property damage arising from the'storage,use or handling of said mate S '. t i DELIVERY TICKET I STONEWAY ROCK & RECYCLING ACCOUNT, .- (206)762 i ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB N0. DELIVERY T j I i d,:7 . , i,:I I JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS j ❑VISA ❑ MASTERCARD ❑ DISCOVER II PRODUCT • • CODE • DESCRIPTION TONSTONS fUNIT PRICEI • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB—TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALESTAX I aka j Hi TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEV', :Y ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FOR PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. — CUSTOMER SIGNATURE • • PRINT NAME DATE - REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNIN REDIT. Cond)tion precedent to Seller's obligation to perform any and all credit terms of payment must be set fotth'in this,Confrabt.'%the ab4en such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees dpon request to furnish Seller.st inf is reasonably necessary for Seller to determine Purchaser's financial condition._SpIler's obligation to perform under this Contract is tTU'I ject'to t: precedent that Seller shall have thirty (30)-days from receipt of the executed'Co_ntract from Purchaser so that Seller's efedit department may revielnt anck . approve or disapprove any credit terms of payment specified in this Contract. ` TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice..Service charges of one and one-quarter percen>(I- per month will be payable on all past due invoices of thirty(10)days or older. CREDIT CARDS ARE ACCEPTED-AT TIME OF PURCHASE ONLY, IF PA IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed;it must be paid in order to maintain open account. Purchaser shall make all.payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without an retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing,"' party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,asS.essments,,fees,duti sand charges levied byxeasoaof this Proposal are in addition to. ricer ted herein and nr.prupe a pe juries trucklt4,wing arid.wJrM"WVW1wIWN making use of the path requested or for the delivery of materials and access to th defend Seller from any claims,demands,losses,and liabilities to or by third parties ari path for the delivery of materials whether such claims may prove to be true or false,grou to the limitations below. Purchaser's duty to indemnify Seller for liability for damages ansin by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Divisio' employees,and (b)the Purchaser shall apply only to the extent of the negligence of the P Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any i Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purc asers em oyees against t e urc .indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, c benefits payable.to or for any third party under worker's compensation acts,disability benefit acts,or their employee'benefit acts. This promise of in Ile m specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to def?nd,indemnify and hold Seller harmless sha , include,as to alf claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attomey's fees,court costs,and other claim-related expenses,including attorney's fees and other costs incurred by Seller to enforce and estiablish its right under this Agreement. U Seller's tender of defense under�this Agreement,the Purchaser agrees to appoint counsel of Sellers choice to defend against third party claim(s). S counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or r products on a prpiect. , $. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages., Purchaser in connection with this Contract,including without limitation,Purchaser's lost proximately resLlting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for and' reason, incfu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of c or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written c include the reasOn(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTIC (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY$Ud; If a dispute an be resolved,the parties involved agree to binding arbitration through non-legal personnel. a.• TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place o e designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for persona)injuries;inclu DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCG,,- 06 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT I DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# i CUSTOMER NAME CUSTOMER P.O. UtLlVtMY I ICKE r NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE 1I CARD# EXP. / {+ SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • •• DESCRIPTION • • • I 32 qo d DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER hELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCL:._G, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF PLANT COPY ' TERMS, CONDITIONS AND WARNINfa on r r n precedent to Seller's obligation t such credit terms,all deliveries under this Contract are s reasonably necessary for Seller to determine Purchaser's financial cgbditiQn...SelIer'S obligation to perform under this Contract'is subiebt.to the condition precedent that Seller.shallhave thirty(30)days from receipt.of the exe'cutedZ6ntract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payiinenf specified in this Contract. TERMS OF PAYMENT. All invoices are due.for payment by the 30th day after the date of invoice. Service.charves of one and one-qu per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE O IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order o main am a open account.:Purchaser shaflmake all payments due.hereunder in lawful money off he United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing' party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies;and post-judgement collection efforts. STONEWAY. ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. ,TAXES. All federal,state and local taxes,asse5sments,.f,es„outi sand chaa es.levied by reason of this Proposal are in addition to r' uoted herein and I DELIVERY TICKET STONEWAY ROCK K RECYCLING AL TING ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. ^D OVERY TIC JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • •• DESCRIPTION to] • • 7 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE —CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. ---- CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY include, other claim-relatcTxp Seller's tender of defen •counsel will be at the sRl products on a project. '• LIMITATION OWDAMA Oa�ssumes no responst dy for, and shall Purchaser in connection with this Contract,including without limitation,Purcha proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this ontract against Seller for any reasori, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reasgn(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. if a dispute arises be resolved,the,parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has recei full payment for the same. Risk of loss of the materials sold under,this Contract shall pass to the Purchaser upon delivery of the same,at the place of delive designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations anc� ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death, and property damage arising from the storage,use or handling of said materials. 9 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCG, �2osj ACCOUNTING:SEA TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS -- COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER TITY l PRODUCT TOTAL QUANTITY U.M. DESCRIPTION TONS S CODE TONS i I 33 t 5 I I I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEA 98108 WA 8108 `,y I,Ii; TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STO ;.WAY ROCK & ._CYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WA EDIT. on tion precedent to Seller's obligation to perform any and all credit terms of payrnant must be set fo0'iK th19 tCorifr0f.9h'the ab!NenCe d such credit terms,all deliveries under this Contract are"Collect On Delivery" (C.O.D.). Purchaser agrees upon request t is reasonably necessary for Seller to determine Purchaser's financial condition„Seller's obligation to perform under th. precedent that Seller shall have thirty(30)L days from receipt of the executed Contract from Purchaser so that Seller's credit department ma approve or dlsapproJb any credit terms of payment specified in this Contract TERMS OF PAYMENT. All invoices are due for payment by the 30thdayafter the date of invoice..Service charges of one and one-quarter percent(1.2. per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAY IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. if a service charge is assessed,it must be paid in order to maintain open account: Purchaser shall mAke_iall payments due hereunder in lawful-money of the United States and in accordance with the terms hereo#;viithow retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the p party shall be entitled to recover reasonable attorney fees and costs}including appeals,bankruptcies,and post-judgementcollection efforts... ST_O ROCK&RECYCLING RQUTiNELY.'EXERCiSE&THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to pri shall be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc,(S make use of a,path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public. highway. Seller has advised that due to the size and°weight of trucks,damage to the premises and/or adjacent property,or,personal injury may occur and, that trucks may becon a damaged,disabled or stuck if Seller makes use of the path requested. Seller liar further advsed'that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no Liability for prgper jc damage.or personal injury that Way result. Purchase[a aAq assw tesporisib _a ihird;parties for alga der KISS,t }Glc t_rNtng and4vinlcliing exptr q a ta, YUC i jo�il thle trur i,disabled ar � ._ makini'ue ofhe'path requested or for the e ivery oT materials and access to the project site' purchaser also agrees to indemrnty, lf"old harm) defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the r path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law an. to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to propert by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its ag employees,and•(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpo ''Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the WaShi Industrial Insurance Act, Title 51 RCW.. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. F indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation ork benefits payable to or for any third_party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's owh employees. The undersigned's duty to defend,indemnify and hold Seller harmless shaE;, include,as to all.claims,demands,losses,and liability to which it applies,Seller's personnel related costs,.reasonable attorney's fees, Court costs,and al other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upo Seller's tender of defense under this Agreement,the Purchaser igrees to appoint counsel of Seller's choirs to defend against third party clai counsel will be at the sole expense of the onsiole fo(means and ma;hod of placement of read mixed concrete products on a project. LIMITATION ON DAMAGES. Seller assumes no respons Purchaser in connection with this Contract,including without li proximately resulting from any breach by Seller or breach of warranty by S CLAIMS AND BACK CHARGE§. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for'any reason,.inoludingj breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been rnade. The written cla include the reasbn(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY$UCH CLAIM. If a dispute aris,�s and cann be resolved,the parties involved agree to binding arbitration through non-legal personnel. r TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seiler has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with 311 govern ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for p death, and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET S'TONEWAY ROCK & RECYCLING - _ _ ACCOUNTING:9125 TENTH AVENUE SOUTH AL FINGSALES/PLANT& SEATTLE,WA 98108 (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICK JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / 1 SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑ DISCOVER • •• DESCRIPTION • • • I I o I 1;;f.t1 f ? F T v1) 11IT 31 "5 i DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEW_ ._CK & :LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY;INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE,DETAILS ON REVERSE. CUSTOMER SIGNATURE PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARN11W y • CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment rnust be set forfl�this"Contract. Ih fht ab5ien such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such inform is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is sul;ij".' the precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit depart approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service cl- per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF P CW E ONLY. IF PAYMENY IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an o en ae ou A-Purcha er shall make.41 a ment :due,her: under in lawful mone of the United States and in accordance with the terms hereof .withodIt'an DELIVERY TICKET F�om EWAY ROCK & RECYCLING ACCOUNT ._. >762-2566 NG:9125 TENTH AVENUE SOUTH ACCOUNTING: SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER PRODUCT • • CODE • DESCRIPTION • • • pk I I I I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX 41' tG TERMS ON REVERSE RELEASE - CUSTOMER RELEASEb AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' • PROPERTY CAUSED BY DEIJVFRY nF MATFRIAL�IJSTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE '- ._r4 • Al • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNING CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in fhfd Cdntriti& In the abSsendb of any such credit terms;all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to(,�CCnish rSelfer such inforrnation'as ch is reasonably necessary for Seller to determine Puraser's financial condition. Seller's.obligation to perform under.this Contract ii stil3i6 tR t?e condition precedent that Seller shall have thirty(30)days frorri receipt of the executed Contract from Purchaser so that Seller's credit department may rev.'tew and approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and.on€:-quarter percent(1,25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED'AT TIME OF PURCHASE ONLY. 1F PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain aril open account. Purchaser shall make all,f5ayments due hereunder in lawful money of the United States and in accordance with the terms hereof,without AV retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs, including appeals, bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. DELIVERY CONDITIONS. $igne aser has req Cycling, Merlino Construction Company, Inc.(Seller)to make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and, that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries: requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seiler assumes no liabilit for property damage or personal injury that may result. Purchar rees.to assume res{tRsibrlitXSe41er and third.partiesox property.damerso injuries,true pvrng an; winchtt g.expeii;f-s,ai d'd[ fi',damage;o S r',,%xrucks-shouldifi�.truck4ecome enraged;_ at elf f stuc{5�s,a re t`of making use o�the path requested or for'the delivery of materials and access to the project site'.' l_ urch ser also agrees to indemnify,.hold harmless, 'co products on a LIMITATION ON DAMAGES. Seller assumes no responsibllityj for, and shall not,be liable tb,:Purchaser for any consequential darhages incurre Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or..pro proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES) Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, inclu breach of contract or breach of Warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,'breach of contr or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shalt include the reason(s)and grounds for the claim and the dollar ambunt or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE•WITHIN THRES (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved.the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold underthis Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and tshall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage,use or handling of said materials STONEWAY ROCK & RECYCLING AcDELIVERY TICKET co�,. (206) , ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER!=DER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. =7ELRY TI K N .� JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER CODE U.M. PRODUCT DESCRIPTION TONS Mile I I I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 �' '`• +tr; TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND A-HEES TO HOLD HARMLESS STONEW, — - �uCYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. l CUSTOMER SIGNATURE ',{,L_. • j PRINT NAME DATE • REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WARNING CREDIT. Condition precedent to-Seller's obligation to perform any and all credit terms of payment must be set folth irl this Coritrat;t:16 the"absehcebf any such credit terms;all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that.Seller shall have thirty(30)'days from.receipt cf the executed Contract from Ourchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT.,All invoices are due for payment by the 30th day after the date of.invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT` IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make.all payments due hereurlder in lawful money of the'United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing }party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies;and post-judgement collection efforts. STONEWAY ROCK&RECYCLING ROUTINELY EXERCISE$THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3.. TAXES. All federal,state and local taxes,ass.95,sments,fees,duties and charges leviedbyreason.ofthis Proposal are in addition to prices quoted herein and shall be paid by Purchaser. DELIVERY CONDITIONS. Signed.Purchaser_ ques Ro . ino Construction Company,Inc.(Seller)to make use of,a path for th d,IiY$Q materials access to the project requiring trucks to travel beyond the boundaries of the nearest traveled ub'lio esigna e ordinances death,and property damage arising from the storage,use or handling of said rriaterWs. DELIVERY TICKET STONEWAY ROCK & RECYCLING A ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXR / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • ��• DESCRIPTION Lei • © DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA _. 98108 SALES TAX ; i TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEV:,.. . _oK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. - CUSTOMER SIGNATURE • • LREV RINT NAME DATE 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNIN SIUCK IT Seller MaKes use of ine pain mcluelle as u Fa Me a t IS theirpolicy'That deliveries- reclutring8elle struckstravell eyond the nearest highway to obtain acces�i to the joh site areat the risk of the Purchaser ai,li fl-,it assurnes no liability for property dainage or personal injury that maX result. Purcha,5,er-agrees to assyme respunsii4ilit*to Seller and 1hird parties for property da 4, Tt 6e t�'Sallsr's trucks should the truc A become daroaged,disabled or stuck as injurlies,truck towing and winchl ngexpenses anorclat a u�eof the path requested or for the deli�ery of inate I rials an'?access to the project site. Purchaseir also agrees to indemnify, 1101 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNT a (2os) 6s ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKETIqU. JOB ADDRESS --- COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER QUANTITY U.M. •� DESCRIPTION • • • U � CAI DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY , .CK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •- - PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE !�` • • PRINT NAME DATE REV 12/99 NBF PLANT COPY pr 5. LIMI er assumes Purchaser in connection with this Contract:inciudi li proximately rfsung4romka y breach by Seller or breach' CLAIMS AND gACK'GyH/IIR 'Purchaser's exclusive procedure for co' encing claims under this Contract against Seiler breach of contr4ct or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limit or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been mad include the reason(s)and grounQs for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WIT44IN TH (3)WORKIJNG DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO FR MA d ca be resolved;the parties involved agree'to binding arbitration through non-legal personn TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shell'remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under'this Contract shall pass to the Purchaser upoa delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and; ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all,claims for person death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNT, .. -2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. • RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE _7CUSTOMER N0. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# [-]CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER QUANTITY U.M. PRODUCT� DESCRIPTION • • , S I � DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROC.. 31 RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. -- CUSTOMER SIGNATURE ;..� � • PRINT NAME DATE • REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNING ppr DELIVERY TICKET I STONEWAY ROCK & RECYCLING A ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET . JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER • �•�� DESCRIPTION • • I I. I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROC.-, :.. .:CYCLING, DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE ; • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNINGS . on ion precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to fugnish$eller such information as .is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may'review and approve or disapprove any credit terms of payment`specified in this Contract. 2. TERMS OF PAYMENT.;All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY: IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be.paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing' party shall be entitled to recover reasonable attorney fees and costs;including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYCLING,ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES..All federal,state and local taxes,asse.ssments,,fees,duties and.oharges lavi.9d by reason-W this Proposal are in additioa to• isesgtoted herein and. products on a project. 5. LIMITATION ON DAMAGES. Seiler assumes no responstolifty Tor, ancl.snall not- i u ential damages Incurred Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,,and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. ¢. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seiler for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty.must be given to Seiler in writing Within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the elaitn and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY 1SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain;:?h Seiler Sol iiLls received full payment for the same. Risk of loss of the materials sold under,this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations andk ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all lawi� z, for pers al Injuries,-n iudir, death, and property damage arising from the storage,use or handling of said materials. I _ h DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING (2� , ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • •• DESCRIPTION TONS • • S. t j DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO Hl- ;RMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE CM." . • -_ j • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WARNINGS - 1. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must beset forth it)this Confrab4"Ififfie`absence df such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Se.uer such infor is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is subject to the,rt precedent that Seller shall have thirty.(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may evie# approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All.imicie are due for payment by the 30th day after-the date of invoice. Service charges of one and one-quarter percent .t; per month will be fYaVeble on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must he paid in order to maintain an. open agcpunt. Pymhaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevail party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STQ ROCK&RECYCLING ROIL TiNE,LY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. $._. TAXES. All federal,state and local taxes,as ssnients,fees..4uties and charges leviedby reason of this Proposal are in-addition to prices quot shall'be paid by Purchaser. DELIVERY CONDITIONS. z3W77nas,req. y Rock&REcyc11ng,,a.QWTvW3 r o o ru ion Company,Inc. make use of a path for the,OiJivery of materials ar10,access to the project requiring trucks to travel beyond the boundaries of the nearest travele highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and -that trucks may become damaged,disabled or stuck if Seller m6kes use of the path requested. Seller has further advised that it is their policy that d requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no y, for prorty dame cfc. er$pna{irljory that mar resu!#t jutchaser:agreas;ip assyme respbiGtyq Ssilf aqd fhjrd�prties for prrty damage, injuries,trtl�k ti) rtg'atid win hith exp";,vs,,,��??nd/or C atfmF Cat o 3elfer v frocks sj�ould ttre rrcJSs b ct�Tn ma eit"djsabted. r'st�ucl' s' result o rflAing use of the path requested or for the delivery of materials and access to the project site. Purchaser also agrees to indemnify, hold harmless, defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling, a Division of Gary Meriino Construction Company, Inc.or its agents- employees. and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensatio benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indem specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless s include,as to all claims,dernands,losses,and-liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,an, other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this'Agreement. Uporx Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice�o defend against third party clai counsel will Purchaker. Seller is not resDonsible f r means and met o rof I cement of read mixed concrete o products 5. LIMITATION ON DAMAQEC Selliw assumes no responsibility for, and shall not be liable to, Purchaser for any consequential darhages in Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will, and any injury to person or p proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seiler for any reason, inclu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made..The written cl include the reasons)and grounds for the claim and the dollar ampunt or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN TH (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE•ANY.SUCH CLAIM. If a dispute arises and cann be resolved,the parties involved,agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received; full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss. Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said mate' STONEWAY ROCK & RECYCLING DELIVERY TICKET AC _ TING ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) 1 ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXP. / ❑VISA ❑MASTERCARD ❑ DISCOVER CODE U.M. FpRobuCT DESCRIPTION l DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 t`,fJ: _rig TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STO ... ` ROCK & o.....; LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNING, . ondition precedent to Seller's obligation to perform any and all credit terms of payment must beset font I thi'9 Cdnfradt:"fn'th&ab*en such credit terms. precedent that Seller shall have thirty(30)di ys from receipt of'he exec a rContract from- urchaser s6-that eller's redit department ma approve;or disapprove any credit terms m n fi 2. TERMS OF PAYMENT. her month will be payable on all past due invoices of thirty(30)days or older. CREDIfbAhbS ARE ACCEPTED AT TJMEaOF PURCIht ONLY. IF PAYM r retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,t ;3. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein shall be paid by Purchaser. I ` .specifically appl in t ,include,as to all claims, other claim-related expenses, 1 Seller's tender of defense under t counsel will be expense o products on a III LIMITATION O ES. Seller assumes no responsibility for, and shall not,be liable to, Purchaser for Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,P"maser's go proximately resulting from any breach by.Seller or breach of warranty by Seller. .. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not lirrrite o, rea or warranty,must be given to Seller in writing ithin three(3)working days after discovery or when discovery should have been made. The writte include the reason(s)and grounds for the clam and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and Cann be resolved,the parties involved agree to binding arbitration through non-legal personnel TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pas designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, inclu death, and property damage arising from the storage,use or handling of said materials. j r DELIVERY TICKET . STONEWAY ROCK & RECYCLING ACCOUNT ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE 7CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DEL EVI RY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER • •• DESCRIPTION • • • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER h-LEASE: AND AGREES TO HOLD HARMLESS _ ,ONEWAY ROCK a RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE Lr~j • PRINT NAME DATE REV 12/99 NBF PLANT COPY 1 4 TERMS, CONDITIONS AND WARNIN ,$ s obligation to perform any and all credit terms of payment must be setfottKl this 08t*Act. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCC_ _. _o 762-256_ ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT 7 DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY I K JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXR ❑VISA ❑ MASTERCARD ❑ DISCOVER PRODUCT • • •• DESCRIPTION TONS •NS • r d 1 � DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES,TAX is TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEY, ,CK & _LING, DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE E l • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARN CREDIT. Condition-precedent to Seller's obligation to perform any and all credit terms of payment must such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D J. Purchaser agrees is reasonably necessary for Seller to determine Purchaser's findncial conditign. Seller's obligation to perform under this Contract is sublect,xn tta@,c precedent that Seller shall have thirty.(30).days from receipt.nf'the executed Contract from Purchasef-so that Seller's eredtt departm approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of.ihvoice. Service charges of one and one-quarter percent per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIMEOF PURCf-IASE ONLY, IF PA IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it mu _. open acccunt. Purchaser shall mike all payments due hereunder'in lawful money of the United States and iri accordance retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the preva' party shall be entitled to recover reasonable attgrney fees and costs,including appeals,bankruptcies;and pest-judgement collection efforts: STONEW ROCK®YCLINQ ROUTINELY EXERGSES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL.JOBS. TAXES. All federal,state and local taxes,assessments,fees,dutiesand charges levied by reason of this Proposal are in addition to prices quoted herein and shall be paid by Purchaser. DELIVERY CONDITIONS, Signed Purchaser has requests y Rock ng,a 6t6isian o .Merli ells make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nAaresftraveled pu highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and DELIVERY TICKET STONEWAY ROCK & RECYCLING AL TING ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 loon 6808 SOUTH 140TH ST RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. L ERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXR SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER QUANTITY U.M. ��• DESCRIPTION TONS • I a� 15ti N L DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEA 98108 WA 8108 t '' ,tl'I q W TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A _ DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. - CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WARM. GS . behefi specifica y app tes n e case o mfunes o e un ersrgne s o include,as to all claims, demands, losses,and liability to which it other claim-related expenses, including attorneys tees and other costs incurred y Seller's tender of defense undenthis Agreement,the Purchaser 2grees to appoint cou ounsel will be at the sol expense of the Purchaser. Seller is not responsible for mean �� ' tIMITAt1pN ON DAMAGE$. Seller assurnes no responsibility for, and shall not be liable to, Purchaser for any consegriential damages inrurre � Purchaser in connection with thi$Gontract, including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or prope , proximately resulting from any breach by Seller or breach of warranty by Seller. �. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not!united to,breach of "or warranty,.must be given to Seller in writing Within three(3)v✓orking days after discovery or when discovery should have been made. The written cla include the.reasons)and grounds for the claifn and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUGH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM, If a dispute ar' ' be resolved.the parties involved agree'to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein;title to2he materials sold hereunder shall remain with Seller until Seller has rec full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the plac designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible ordinances with regard to storage or placement of the same and shall indemnify and hold Seller ha death, and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOL. .,- ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226-1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TI JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER DESCRIPTION l o I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. DISPATCHER TAX CODE TIME DUE SEATTLE,WA -- 98108 a1 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWv.. n"K & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • • PROPERTY CAUSED BY DEL 1%/ERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF - PLANT COPY ERMS, CONDITIONS AND WAR R It Conditiofl`precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in fhi9 Confradi`1n the'absence of any be sped cally applies in tne c include,as to all claims,de other claim-related expenses, in Seller's tender of deferose,under counsel will be at the sole expe products on a proje 5. LIMITAT16N ON DAMA S. 'Seller a' urnes no respons - Purchaser in connection with thij Contract,including without li f�; proximately resulting from any breach by Seller or breach of warfpnty by SegiI-r_ 6. CLAIMS AND BACK CHARGE$. Purchaser's exclusive is r 'er 'ontract against Sell er far an' : �breach of contract or breach of warranty,shall be as follow of ch�m>against Sollei including but not limited to,br ,or warranty:must be given to Seller in writing within three(3)working i s:::n rr should have been made. The writte Include the reason(s)and grounds for the claim and the dollar amour i .t. I . 1 �rMASER TO GIVE SUCH NOTICE WITHIN THRE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHAS �' ._r ", �Hll be resolved,the parties involved agree to binding arbitration througiI > ,❑ TITLE AND RISK OF LOSS..Qnless otherwise expressly stated heremn,title to the rnateriais sofa hereunder shall remain with Seller un r DELIVERY TICKET S'TONEWAY ROCK & RECYCLING ACCOUNTING (206)762 ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 ORDER DESK SK 425& BLACK RIVER QUARRY ( )226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB 7LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# 1 CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICK JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER �•�� DESCRIPTION • • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • J DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 YK TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONcev,ii :.:ELK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION AN C. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •' ' PROPERTY CAUSES BY DELIVERY OF MATEr LIST ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WA an ion precedent to Seller's obligation to perform any and all credit terms of payment must beset forth in this .o tr t: 6a ence' such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to fud,ish Seller such informatictiIIIIIIIIIIIII is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract iS subject to the condition precedent that Seller shall have thirty(30) days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter-percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT LIMITATION ON DAMAGES. Seller assumes no responsibilityl for, and shall not be liable to, Purchaser fo Purchaser in connection with this Contract,including without limitation,Purchaser's lost.profits,%Lrchas1Qgo proximately resulting from any breach by Seller or breach of warranty by Seiler. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this,Contract again0 Seller for any reason, inclu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reasoct,including but not limited to,breach of con or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT.TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be,resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereundet shall remain with Seller until Seller has received full payment for the same: Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon►delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance.with all governmental regulations and: ordinances with regard to storage or placement of the same and shall indemnify and hold.SeJler harmless against all claims f9r personal injuries, including death,and property damage arising from the storage, use or handling of said DELIVERY TICKET STONEWAY ROCK & RECYCLING A� (206)762 ACCOUNTING:SEA TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 206 762-2566 /�� ORDER DESK (425)226-1000 BLACK RIVER QUA 6808 SOUTH 140TH ST. REN N (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLAN ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑ MASTERCARD ❑ DISCOVER • •• DESCRIPTION • • • O( Iq .o DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND -._:riEES -,ARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAI BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LIST D ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY W 'ERMS, CONDITIONS AND WARNIAI x. CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payme such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O-D.). Purchaser is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform precedent that Seller shall have thirty (a0)days from'receiptof the executed Contract from Purchaser so that SeHer's credit department may review end approve or disapprooe any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day.after the date of invoice. Service charges of one and one-quarter percent(1,2�5°/a}.' per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTE'b AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account-Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms h re without an retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect t TAXES. shalI be paid by Purch DELIVERY CONDITION . igne urcha make use of a path for the delivery of materials and acce 'highway. Seller has advised that due to the size and weight of trucks,damage that trucks may become damaged,disabled or stuck if Seller makes use of the pal requiring Seller's trucks travel beyond the nearest highway to obtain access to the j0 4or proPerty damage or personal injury that may resWt.. Purchaser,#grees to als. rai►e tespo, injuries,truck towing and winching"expensRfs,s�r ciamag4 to er :trucks should-tbe f making use of the path requested or for the delivery oi'materials and access to the project site. Purchaser also agrees to indemni , defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the us'e of the r9 path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and 8 to the limitations below, Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cause by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Meriino Construction Company, Inc.or its agents and.r employees. and (b) the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of t Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington S Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of darnages, compensation benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity i specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seiler harmless 5 nclude,as to all claims, demands, losses, and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees, court costs,and other c.lairn related expenses, including attorneys fees and other costs,incurl@.d.by.Seller to en torce and establish its right under this Agreement. Upon Seller`s tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such' unsel will be at the sole ex ense of the Purchaser. Seller is not responsible for means and methods of placement of read mixed concrete or a re at �M >..t DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOu�,._, ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATfLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# II CUSTOMER NAME CUSTOMER P.O. JOB NO. TICKET NO. I JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) { ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. I SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER i • •�• DESCRIPTION • • i 3�Po-36 40 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD1 HARMLESS STONEWAY ROCK & ham.,r LLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE t • PRINT NAME DATE • REV 12/99 NBF PLANT COPY {' ERMS, CONDITIONS AND WARN�N , CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment musf be set forff>t i>R"`fhis Gontra�4, In the absence of arfy such credit terms,all deliveries under this Contract are"Collect Oh Delivery"(C.O.D.). Purchaser agrees upbn request to fyjrhi�h Setter such infor is reasonably necessary for Seller to determine Purchaser's financial condition, $elle,�sobligation to perform under this Contract'+s subje�fto fhe F' „ precedent that Seller shall have thirty(30)days from receipt of the executed Contract frofla Purchaser se that Seller's credit department ma}(.review and approve or disapprove any credit terms of payrnent specified in this Contract. TERMS OF PAYMENT. All invoices are due for..payment by the 30th day after.the date-of ihvoice. Service hatgs�staf one;�,d one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACC�PT�t��AT TIMF dP PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintai open account. Purchaser shall make ail payments dua�hereunderin lawful money of the United States and in accordance with the terms hereof,without retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailin party shall be entitled to recoverreasonable attorney fees and costs,ihelueling appeals,bankruptcies,and post_judgement collection efforts; STONE ROCK&RECYCLING.ROUTINELY.EXERCISES7HEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3. TAXES. All federal,state and local tax s,assessmerits,fees,duties and charges-levied by reason of this Proposal are irr addition taprices q£roted herein shall be paid by Purchaser. 4. DELIVERY CONDITIONS. Si haser has requesCeway Rock& ycling,aIIivisiont�f Gary Martino Construgtion Company, Ipc.{Self. make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearost traveled pu highway. Seller has advised that`due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur thattrucks may become damaged,disabled or sfuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliverie re uirin Seller's trucks travel be and the nearest hi hwa to btain a ass tPt ob site are at the risk of the Purchaser and that Seller assumes no liabilit DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCO._ ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. =E JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# []CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • ODUC DESCRIPTION • • 3 L+b oi5�) L� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 1 . • a TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNI[IN CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth`in this C4fintir' n the absence"of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furtlsh'Se11er g is reasonably necessary for Seller to determine Purphaser's financial condition..Seller's obligation to perform under this Contract iS, l�j precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit de " approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter p r 1 per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF POr?6WASE ON IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in ordertomaintai open account-Purchaser shall make all payments dqe hereunder in lawful money of the United States and in accordance with the terms ha V&ho retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoi party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection effortsi ST ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,,faes,dutiesand charges levied by reason a"s Proposal are in adclitioato.prica6 quoted herein and Indust indemrn benefits pa specifically apples in the.case of injuries to the undersigned's own employees. The undersigned's duty to defend,in include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs, reasonabl other claim-related expenses,including attorney's fees and other costs incurred by Seller to enforce and establish its ri Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend a counsel will be at the sol e of the P ds of f re products on a project. $. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not,be liable to, Purchaser for any consequential damages inc Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or p proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, inclu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contr or warranty,mwst be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim s include the r son(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THR .(3)WORKINAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and canno be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has recei full payment for the same. Risk of loss of the materials sold under.this Contract shall pass to the Purchaser upon delivery of the same,at the place of deli designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations' ordinances with regard to storage or placement of the same and shall"indemnify and hold Seller harmless against all claims fqr personal.injuries,inclu death,and property damage arising from the storage, use or handling of said DELIVERY TICKET STONEWAY ROCK & RECYCLING AC ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB 7777 B ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. . it',I}Sfr� 7 JOB ADDRESS - COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS El VISA ❑ MASTERCARD ❑ DISCOVER PRODUCT • QUANTITY U.M. •• DESCRIPTION TONS •NS • L, DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX 1S! TERMS ON REVERSE RELEASE -CUSTOMER RELEASES AND AGREES TO H--D HARMLESS STONEVv. jCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • Loll] PRINT NAME DATE REV 12/99 NEE Do PLANT COPY "ERMS, CONDITIONS AND WARN11- CREDIT. Conditton precedent to Seller's obligation to perform any and all credit terms of payment must he set forth 161his'Cdihtract. n fib'a such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees 6pon request to furnish Seller such j is reasonably necessary for Seller to determine Purchaser's,financial condition. Seller's obligation to perform under this Contract is`subi to` precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. _ TERMS OF PAYMENT, All invoices are due for payment-by the 30th day after the date of invoice. Service charges-of one and one-quarter W-CI per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCENTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARb AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in ord ,open account. Purchaser shall make all payments•due+hereundenin lawful money of the United States and in accordance with the terms ha retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing; party shall be entitled to recover reasonable attorney fees and'costs, including appeals, bankruptcies,and post-judgement collection•efforts. STONEW ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3.3 TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and,, shall be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway.Rock&Recycling,a Division of Gary Merlino Construction Company, make use of a path for the delivery of.materials and access to the project requiring trucks to travel beyond the boundaries of the rie'atest tra highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and.. -that trucks maybecon4e damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries. requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seiler assumes no liability, tocpro�eKiyatage.or;personai,injury that.may.result, Iurchaser agrees,to asurne respQct�ibility#o ,eired hird.parties fir pc@P de a; rnluries tr : tc Ning ahc!v�inching.eitpenses„aFld/or d m o eller'acks should_the tru k9i oscon "dam- led making use of the path requested or for the delivery of mauls anA access to the project site. Purchaser also agrees to indemnify, hold harmless,and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from, resulting from,or connected with the use of th path for,the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused, by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the pur Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that,may be granted it under the Washingt Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchas indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, C benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indem •specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmle include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs,reasonable attorneys fees,court costs,' other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. U Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of S counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and m products on a project. t5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser fbr any conseq tial`darhages incurred b Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or propert proximately resulting from any breach by Seller or breach of warranty by Seiler. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seiler for any reason,including but not limited to,,breach of contractalt or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim sh include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SL)CIi NOTICE WITHIN THREE" (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. It a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and'shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCC, , ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. I JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# []CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER ••• • • E DESCRIPTION • • • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASED TO HOLD HARMLESS o ONEWAY ROCK & REC.,:LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARN .CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms o such credit terms.'all deliveries under this Contract are"Collect On Delivery"(C.O.D:). Pur is reasonably necessary for Seller to determine Purchaser's financial gondition. Sellgr�s,oblig _precedent that Seller shall have thirty(a0)days from receipt of the executed Contract'from Furcha approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are-due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25%) per month will be payable on all past due invoices of thirty(30)days or older. CREDT-CARDS ARE ACCEPTED AT.TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder:inlawful money of the United States and in accordance with the terms hereof,without an retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevail party shall be entitled to recover reasonable attorney-fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWA ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,duties and-charges levied-by rethis -roposal are in addition to prices gaoted herein and. ru requiring Se for.property,damage Dr personal injury that may rgs t urjes4tt'uoic,tRwipg and wih'dhinJexperf4ep;an Cc making use of the path requested or for th'e delivery of materials` defend Seller from any claims,demands,losses,and liabilities too path for the delivery of materials whether such claims may prove to to the limitations below. Purchaser's duty to indemnify Seller for liability fo by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Pur Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives anyi Industrial Insurance Act, Title 51 RCW. This waiver does not permit a dirept action by the P' indemnification obligation under this Agreement shall not be limited in any way by any limitat benefits payable to or for any third party under worker's compensation acts,disability benefit acts specifically applies in the case of injuries to the undersigned's own employees. The undersigned r include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel rela other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce an Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's ch counsel will be at the sole expense of the Purchaser. Seller is not res Cnsible for means and methods of products on a project. 5. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any con Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's goodwill,and ny n ury o person or pro proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any r breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not Limited to,br or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The w include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved'agree to binding arbitration through non-legal personnel TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to t full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery! `designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including' death,and property damage arising from the storage, use or handling of said materials. I DELIVERY TICKET IV STONEWAY ROCK & RECYCLING Ac DEL DELI ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ( )BLACK RIVER QUARRY 425 ORDER DESK 226 1000 6808 SOUTH 140TH ST RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER N0. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DEL RY TI K JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER • R•�UCTI • DESCRIPTION • • I I 1 3c 11 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-T• TA DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE — CUSTONi AGREES TO HOLD HARMLESS STONEWAY ROCK & ,. LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE11111 • PRINT NAME DATE Loll] REV 12/99 NBF { PLANT COPY TERMS, CONDITIONS AND WARNING. CREDIT Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth,*thig'Contraat' such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees Upon request ko furnish Selle is reasonably necessary for Seller to determine Purc�iaser's financial condition. Seller's ol�ligstion to perform under this Contract is subjec precedent that Seller shall have thirty(30)days from receipt of-the-'executed Contract.from-Rurchaser so that Seller's credit depart approve or disapprove any credit terms of payment specified in this Contract. " Q.. TERMS OF PAYMENT,'All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25u/9 per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTt--b'AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an "open,account. Purcbaser shall make all payment§;due hereunder in lawful money of the United States and in accordance with the terms hereof;.without.any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney-fees and costs,including appeals;bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECYEI;ING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL.JOBS. TAXES. Ali federal,state and local taxes,assessments,fees,d4ties and charges levied by reason of this Proposal are in addition to prices quoted herein and defend Seller from any claims,demands,losses,and liabilities to br by third parties Arising frciro,resulting front,dr connected with the uee path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted b to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Meriino Construction Company, Inc.or employees. and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and erployees. For the pur Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's em iayees against the Purcha indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, C benefits payable.to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity include the reasons)and grounds for i fi ,3)WORKING DAYS SHALL CONSTITUTE be resolved.the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder sh�li remain with Seller until Seller has received full payment for the same. Risk of loss of the mate designated herein. Thereafter, in addition to assu ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, including death,and property damage arising from the storage, use or handling of said materials. 4 0 0 DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING 66 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET NO. JOB ADDRESS -- COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXR ❑VISA ❑ MASTERCARD ❑ DISCOVER QUANTITY U.M. ••�UCT DDESCRIPTION • • v � 1 1 I DRIVER TRUCK NO. ORDERED BY REMIT TO 1 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 f j+1 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • 1 PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNING . CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth'inthis Contraof.'In thkabsehce of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such intorrnation as is reasonably necessary for Seller to determine Purchaser's finan'gial condition. Seller's obligation to perform under,this Contract iSS ubject to`the conditi6n precedent that Seller shall have thirty(30)days from receipt of theexecuted Contract from Purchaser so that Seller's credit department may review and a rove or disapprove an credit terms of a 'melt cified in this Contract. DELIVERY TICKET ` STONEWAY ROCK & RECYCLING ALI 206)762 �6 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. • RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT If CUSTOMER NAME CUSTOMER P.O. JOB N0. DELIVERY TICKET-NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • PRODUCT• DESCRIPTION • • DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALESTAX (,tN TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLL LWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNINGS CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in'this Contracf. In the absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seilersuch information as is reasonably necessary for Seller to determine Purchaser's4inancial condition. Seller's obligation to perform under this Contract is kuljlect ti the gondition precedent that Seller,shall have thirty(30)days from receipt of the executed Contract from Purchaser so,that Seller' `approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter per month will be payable on all past due invoices of thirty(30)days or older, CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF P IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to main t n n open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,wittloWt an retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the.p party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts;.,ST.O ROCK&RECYCLING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. All federal,state and local taxes„assessments,fees...,duties and charges levied by reason of this Proposal shall be paid by Purchaser. DELIVERY CONQITIONS. Signed Purchaser has requestedatoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.(Seller) make use of a pith for the delivery.of materials anci access to the project requiring trucks to travel beyond the boundaries of the nearest*traveled public- highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal'injury may occur and - eiiiahled or shleak if API f making use of e pati requested or or the delivery defend Seller from any claims,demands,tosses,and liabilities to path for the delivery of materials whether such claims may prove to to the limitations below. Purchaser's duty to indemnify Seller for,Ii by or resulting from the concurrent negligence of(a)Stoneway Rock employees,and(b)the Purchaser shall apply only to the extent of the Purchaser's indemnification obligation only,the Purchaser specifically .Industrial Insurance Act, Title 51 RCW. This waiver does not permit a clir indemnification obligation under this Agreement shall not be limited in any w benefits payable to or for any third party under worker's compensation acts,disability benefit act specifically applies in the case of injuries to the undersigned's own employees. The undersigned' y o include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable at other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its ri Seller's tender of defense under this Agreement,the Purchaser Agrees to appoint counsel of Seller's choice to defend counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of re produc t. LIMITATI AMAGES. Seller assumes no responsibility for, and shall not be liable to; Purchaser for any conseq Purchaser in connection with this Contract,including without limitation,P ofits, hased willd any proximately resulting from any breach by Seller or breach of warranty CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, includin breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contracts or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. i TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss.Purchaser shall be responsible for compliance with all governmental regulations an ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,inclu death,and property damage arising from the storage,use or handling of said materials. a DELIVERY TICKET STONEWAY ROCK & RECYCLING AC �2os> , ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. s'. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS I ❑VISA ❑ MASTERCARD ❑ DISCOVER r CODE DESCRIPTION TONS TONS ILVININU.1191 4 QUANTITY U.M. PRODUCT TOTAL I .-ti 4. t1 / I ci DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO'HOLD HARMLESS STONEWAY ROCi & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE ' '"�_ • • PRINT NAME DATE REV 12/99 NBF PLANT COPY 0 ! TERMS, CONDITIONS AND WARNINGS CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set foft�ln this,bonhhdf`11fi_1he`a' ee a df such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to JUrriish Seller suchipformatlo' is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligationAo perform under this Contract is'ubleot to`th con` precedent that Seller shall have thirty(30)days from receipt of the executed Contract-'from Purchaser so that Seller's credit department may review approve or diupprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter- r per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME`OF`PURCHASE ON IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. if a service charge is assessed,it must.be paid in or ohen,account. Purchaser shall make all payments due hereunder in lawful money of'the United States and in accordance with the terms hisreef, retention and without regard to any agreement Purchaser may have with other parties, Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and caste,including apPeals,bankruptcies,and post-judgement collection efforts," ,STONEWAY. ROCK&RECYCLINQ ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3.., TAXES. All federal,state and local taxes,as;essments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and. shall be paid by Purchas DELIVERY CONDITION Iqn� ' urchaser has requested Stoneway Rock&Recycling,.a Division of Gary Merlino Construction-Company,Inc.(Seller)to l make use of a path for the delivery of,materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public, highway. Seller has advised that'due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks may become dari ged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at.the risk of the Purchaser and that Seller assumes no liability far ro �F p6fsonal rgjury that may result. Purq{t�star ages t a��'Jsp�,tns l+jy,1fp.4p1 ar end thj,�d parties#pr pry , bnfurtqo WY tong a)1d'w nc.t `rt Pxpenses or dam h Seillt S tu: 151 tt3c cl �te damaged,disabled pt s tic rn`aking use of the path requested o'r for the slivery of materials and access o e protect site.' urchaser also agrees to indemnify, Molcrharmless,and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of th path for the delivery of materials whether such claims may prove to be true or false,groundleSs or fraudulent,to the full extent permitted by law a to the limitations below. Purchaser's duty to 4ndemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cau by or resulting from the concurrent negligence.of,(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents an employees,and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the, Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, co m ensation o., benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This prom specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless she include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees, court costs,and other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right Under this Agreement. U Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third,party clai counsel will be at the sole ex nse of the Purchaser. Seller is not responsible for means and metho4'of placement of ready mixed concrete o products on a project. LIMITATION ON DAMAGES. teller assumes no responsibffily for, and shall not,be liable to, Purchaser for any consequential damages inc Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Puregpod will,and any injury to Per proximately resulting from.any breach by Seller or breach of warranty by Seller. i 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason; including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,:breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE .(3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unfess otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has recei full payment for the same. Rjsk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of deli designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for.personai injuries,inclu death,and property damage arising from the storage, use or handling of said materials. M. DELIVERY TICKET STONEWAY ROCK & RECYCLING Ac, ING 66 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& BLACK RIVER QUARRY SEATTLE,WA 98108 - (206)762-2566 ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER N077DER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TI KET N JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER PRODUCT • • CODE DESCRIPTION • • • 34 l- /9 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 (i siP TERMS ON REVERSE RELEASE — CUSTOMER RELEASES Ai, AGREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •- - PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE r • • PRINT NAME DATE REV 12/99 NBF PLANT COPY 40 RMS,CONDITIONS AND WARNIN ondition prec enf to Seller's o ligation to perform any and all credit terms of payment must be set forffi'iei:this Caritrallff fh tha'absbnadd-�'ahy such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purch is reasonably necessary for Seller to determine Purchaser's financial.condition. Seller's obli precedent that.Selfer shall have thirty(30)-days from receipt of the executed Contract from- umhaser so that Selle . approve or disapprove any credit terms of payment specified in this Contract. _ TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(a.25OX per month will be payable on all past due invoices of thirty(30)days or older. CREDITCARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT•' IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in Iawful money of the United States-a--rid in accordance with the terms hareof,without an retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevail party shall be entitled to recover reasonable attorney fees and costs,Including appeals, bankruptcies,and post-judgement-cotlectiortefforts STONEVuA ROCK&RECYCLING ROUTINELY EXERGJSESTHEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. _TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal-are in addition to prices quoted herein and; shall be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested.Stoneway Rock&Recycling,a Division of Gary Merlino Construction. make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest tra highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury ma that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Sellerhas further advised that it is thoTr policy tha requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability' fpf property damage or personal injury that nesult`�,Aurchaaer agrees tgass�uma rQeponsibility,to Sellerwand ;rd parties for prat r# ge, et�Ip1' w s,Jrut*lowing and winching`expert$ S /or Jarrlag�fa SellaEa'g uclss iould•lhe trucks jlxeco B lriima�ed,die lwW A,, x makmg use of the path requested or for the delivery of materials and access fo the project site. Purchaser also agrees to indemni y,'told harmless, defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the reques path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and sub to the limitations below. Purchaser's duty to indemnify Seller forfiability for damages arising out of bodily injury to persons or damage to property cau by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents employees, and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of Purchaser's indemnification obligation only,the.Purchaser specifically and expressly waives any immunity that may be granted it under the Washington Industrial Insurance Act, Title 51 ROW. This waiver does not permit a direct action by the Purchaser's employees agairist�,the Purchaser. Further, indemnification obligation under:this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensat benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of in specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmles include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs, reasonable attorney's fees,court costs,;-and other claim-related expenses, including attoeney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement, Upon Seller's tender of defense under this Agreement, the Purchaser agrees to.appoint counsel of Seller's choice to defend against third party claim(s). Su counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggre DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUN ___6)76� ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT I DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. D RY JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) El CASH El CHECK# ❑CHARGE CARD# EXP.ElSPECIAL INSTRUCTIONS i VISA ❑MASTERCARD ❑ DISCOVER PRODUCT • • •• DESCRIPTION • • • D� I I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SAILESTAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES r=.ND AGREES TO HOLD HARMLESS STONL OCK & RECY_ AG, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF PLANT COPY 4f' TERMS,- NDITIONS AND WARNINGS CREDI . r o p, , o ligation to perform any and all credit terms of payment must be set forth in this Contract. In the ab$errce of any such credit terms,all,,*IWrles under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon r0uest to turnish$alter judh info[ cation as is reasonably necessary for Seller to determine PySighaser,'s f� Cial,G itiarl..Seg1lor,s pbfig iron to perform under this,:p.ontracUs subtet�. n thO tindition r TERM.6 Op.PAYMENT, Ad]inv ' aBtadus for mentb .the 41h.da a the date of uwoice, Seruico char oaf one- u it r r a t } TAXES. All federal,state nand local tars,ass ssments,;fees,.duties and charges levied by reason of this Proposal are in addition to prices quoted herein and to the limitations below. Purchaser's duty to inde rnnify Seller for liability for damages arising out of bodily injury to persons or damage to properly caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc,or its agents and employees. and (b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For_the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the i r i t i i nth in r r produ LIMITATION ON DAMAGES. e r as8u Purchaser in connection with this Contract,i proximately restAting from any breach by Seller or breach of war CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract,against Seller for any reason, incl breach of contract or breach of warranty,shall be as follows; Notice of claims against Seller for any reason,including but not limit or warranty,must be given to Seller in writing ivithin three(3)working days after discovery or when discovery should have been ma include the reason(s)and grounds for the claim and the dollar amount orxelief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT 1*0 LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the:parties involved agree to binding arbitration through non-legal personnel, TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has rec full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmenta ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, inclu t DELIVERY TICKET STONEWAY ROCK & RECYCLING A- ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226 10 BLACK RIVER QUARRY 00 6808 SOUTH 140TH ST RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. 1 DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER aft i TOTAL • ••••• • • • • NS DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB—TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 +.h. TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEVv_ ._jCK & RECYCLING, DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • • • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE '~ ~ • • PRINT NAME DATE REV 12/99 NBF PLANT COPY . . . ...... .... TERMS, CONDITIONS AND WARNINGS REDIT. Condlb6n precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in this Contract:'In thbabsence of any such credit terms,afl deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees,upo'ri request to furnish Suter;suC is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Contract is's'bjec precedent that Seller-shall have thirty(30)days from receipt of the executed.-4ontract from-Purchaser so that Seller's credit department may review a approve or disapprove any credit terms of payment specified in this Contract. 2. TERMS OF PAYMENT. All invoices are due for payment by-the 30th day after the date of invoice._Service charges of one and one-quarter percent(1.20 per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYM IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain a open account—purchaser shall make all,payments due hereunder in lawful money of the United States and in accordance with the terms hereof;without retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the preva .party shall be entitled to recover reasonable attorney fees and celsts,including appeals,bankruptcies,and post-judgement collection efforts.. ST HOCK&RECYCLING ROUTINELY EXERCISE&THEIR RIGHT TQ SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposabare in addition to prioe6 quoted herein an shall be paid by Purchaser. _DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,&Division of Gary make use.of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled'pt` highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and `that trucks-may become damaged,disabled or stuck if Seller makes use of the path requested. Seiler has further advised'that it is their pofi- requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller a fqr propaq dagi ,or.personal-injury that�ma,V_esult. Pyrcha* a naa r@s{oR¢ aty to eljer;a d Aluries true wmg and 41r.chn xpe ices,and or damage outd tl3e tacks" �{' n as17 a:refiult rnakind use of the path`requeste or for the delivery of materials'and access to the project site. Purchaser also agrees to in em.nify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the request path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and sub to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cau by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents employees, and'(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of, Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington S Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, .indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of.damages, compensati6. benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity. specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies, Seller's personnel related costs.reasonable attorney's fees,court costs,and all, f other claim-related expenses, including attorney's fees and other costs incurred by Seiler to enforce and establish its right under this Agreement. Upon`. 'Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Su6h! counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or ag i products on a project. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurr Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good vVill,and any injury to person or pro i proximately resulting from any breach by Seller or breach of warranty by Seiler. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, inclu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seiler for any reason,including but not limited to,bread or warranty,must be given to Seller in writing within.three(3)working days after discovery or when discovery should have been made. The writte include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN T (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and can be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has recei full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of deli designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries, inclu death,and property damage arising from the storage,use or handling of said materials. nv DELIVERY TICKET STONEWAY ROCK & RECYCLING Ac ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST • RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKETIqU. r'; 1 JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE / SPECIAL INSTRUCTIONS CARD# EXR ❑VISA ❑MASTERCARD ❑DISCOVER • • ki PRODUCT• � DESCRIPTION • • • �y DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE- CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROC, LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERJ CONDITIONS AND WARNIN _ RE ! . Condition precedent to Seller's obliga ion to perform any and all credit terms of payment must be set ort jri this Cor4rh6t. In t e>absencb of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees is reasonably necessary for Seller to determine Purchaser's-financial condition. Seller's obligation to perk precedent that Seller shall have thirty (30)days from receipt of the executed Coontract from,Purchaser so that-Seller's credit'depakr rent ma approve or disapprove any credit terms of payment specified in this Contract. .1`I 1 F'� TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of.invoice. Service chargeswf one and one-,quarter percent{1.25 per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF odFICHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it rust be•paid in order to maintain an openapcount. Purchaser shall make as payments,due,hereunder in lawful money of ibe United States and in accordance with the terms hareof,without any. retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing! party shall be entitled to recover reasonable attorney fees and cdsts,including appeals, bankruptcies,and postyudgement collection efforts. $TONEWAY` ROCK&RECYCLING ROUTINEi-Y"EXERCISESTHEIR RIGHT TO SEND MATERIALMAWS NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,,assessments,,fees,duties and-charges levied bVeaspn-of this-Proposal are in addition to prices quoted herein and DELIVERY TICKET STONEWAY ROCK & RECYCLING A e6 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. -IDE' I�RY TICKEfi N JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • •• DESCRIPTION • UNIT PRICE AMOUNT ry� 3� 7 1 �Q DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX in TERMS ON REVERSE RELEASE —CUSTOM..: _TREES TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE FORWARD PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE .�r f- • • PRINT NAME DATE REV 12/99 NBF PLANT COPY 41r TERMS, CONDITIONS AND WARNIf and tron precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in fhis Contract:h4he'abseh6dof such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Pur h is reasonably necessary for Seller to determine Purchaser's financial condition. Sellers. precedent that Seller shall have thirty(30)days fr'oin receipt of the executed Contract frprn Purchaser so that Sellers GYedit deparimeint may review ancf approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the.30th day after the date of invoice. Service charges of.one and one-quarter-percent41.25.. per month will be payable on all past due invoices of thirty(30)days or older, CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYME IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it-must be paid in order to open account. Purchaser shall make all payments.dge hereunder in lawful money of the'United States and in accordance with the terms 4*01,;. retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prev ,..party shall be entitled to recover reasonable attorney4ees and costs, including appeals;bankruptcies,arTd post-judgement collection e ROCK&RECYCLING ROUTINEiY EXERCISESTHEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOSS. TAXES. All federal,state and local taxes,assessments,,fees,duties and charges levied by reason oftNs Proposal-are in additior"to prices quoted herein, shall be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Corn make use of,a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the neare highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and . _for property daWge or per 'injuries,truck ftg and I aking use of the path requ defend Seller from any claims, path for the delivery of materials to the limitations below, Purchaser's by or resulting from the concurrent neg r ernployees, and'(b) the Purchaser shall a Purchaser's indemnification obligation only,the Purchaser specific Industrial Insurance Act, Title 51 RCW. This waiver does not pe indemnification obligation under this Agreement shall not be limit benefits payable,to or for any third party under worker's compensation acts,disability benefit act specifically applies in the case of injuries to the undersigned's own employees. The undersigned include, as to all claims,demands, losses,and liability to which it applies, Seller's personnel rel other claim-related expenses, including attorney's fees and other costs incurred by Seller to eri Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel.of S counsel will be at the sole expe a of the Purchaser. Seller is not responsible for means and m products on a project. LIMITATION ON DAMAGES. el er assumes no responsrbi i' I ty for, and shall not be liable to, urc aser or any consequential am Purchaser in corwection`with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will, and any iniury proximately resulting frtlrm any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seiler for any reason, includin breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,!breach or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The writte include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot,' be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental reguiat` ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries;f death,and property damage arising from the storage,use or handling of said materials. -i DELIVERY TICKET STONEWAY ROCK & RECYCLING AG, ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226 1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. 'DELIVERY TICKET NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER • �•�• DESCRIPTION • • ry{ l t_� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE —CUSTOMER RELEASES AND AGREES TO HOLD HARMLEo, STONEWAY ROC; „LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE " { L • • PRINT NAME DATE REV 12/99 NBF PLANT COPY a TERMS, CONDITIONS AND WARNING CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set'fottl i'in thiq Confr,c h 1fi b'sence tif'any- uch c dit t rm al . rfe n h LIMITATION Purchaser 4conneC proximately"restAting from a G. CLAIMS AND BACK CHARGES. Purchaser's exclusive pr breach of contract or breach of warranty,shall be as follows: or warranty,must be given to Seller in writing within three(3)world include the reason(s)and grounds for the claim and the dollar mpunt or relief sought. (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT be resolved,the parties involved,agree to binding arbitration through non-legal personnel.. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder sh6.remain w full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upop"delivery of the,same,at the p ace o designated herein. Thereafter,ih addition to assuming all risk of loss, Purchaser shall be responsible for comOliance with ail governmental regulati ordinances with,regard to.storagie or placement of the same an&shall indemnify and hold Seller harmless against all claims for personal injuries,I DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNT, ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. PENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. Fba VERYTl-CRET WT JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • •• DESCRIPTION • 7mu77 lb .1 DRIVER TRUCK NO. ORDERED BY REMIT TO TAL 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEA 98108 WA 8108 t}t:-, ' TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARML- _ ONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE,DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNIN CREDIT Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth in fhis Contract, In the`absen'ce of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such inforMAtion as is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligatj,on to perform under this Contract is subjddt to the condition precedent.that Seller shall have thirty-(30}days from receipt of the executed Contract from hw"chaser so that Seller'$credit department may review and approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices.are due for payment by the 30th day after the date of invoice. Service charges-of one and one-quarter percent(1.25019}' per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONEWAY ROCK&RECTOL'ING ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. S, All federal,state and local taxes.,.�ssessments,.fees,.dutios and charges levied by reason of this Proposal are in addition to prices quoted herein and products on a LIMITATION ON DAMA ES". Seller assumes nd responsibility for, and sh Purchaser in connection with this Contract,including without limitation,Purcha proximately resulting from any breach by Seller or breach of warranty by Seiler. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The writte include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS.RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. �. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment.for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of deliver, designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,including death, and property damage arising from the storage,use or handling of said materials. 0 STONEWAY ROCK & RECYCLING AC DELIVERY TICKET, ACCOUNTING:9125 TENTH AVENUE SOUTH -` - SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKETWO� JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER 7=:I •••• DESCRIPTION • • UNIT PRICE AMOUNT -7 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARML- ,SWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE { R i �- '" • • PRINT NAME DATE REV 12/99 NBF PLANT COPY 1 TERMS, CONDITIONS AND WARNING on r ron precedent to Seller's obli such credit terms,aIJdeliveries under this Cont r is reasonably necessary for Seller to determine Purchaser's finan precedent that Sailer shall have thirty (30)days from receipt of the execute ontracf-from purchaser so that Seller's credit departrrr`ent approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT.-All invoices are due for payment by the 30th day after the date of i*oice. Service charges.of one andpne-quarter. per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARt36 ARE ACCEPTE6 AT TIME'OF Pl"*HASE ON IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in ord. operraccount. Purchaser'shall make all payments due hereunder in lawful money of the United States and in accordance with the terms h retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoi party shall be entitled to recover reasonable attorney fees and casts,including appeals, bankruptcies and post-judgement collection effo ROCK&RECYCLING R!DUTINELY=EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES, All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices-quoted herei shall be paid by Purchaser: , DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Cons on. omp y, make use of a path for the delivery of materials pcl access to the project requiring trucks to travel beyond the boundaries of the nearest traveled p highway. ftler has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur- that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller further advised that it is their policy that de requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes n itor proRerty dart>age or perrotbtntury that may result,. Purchaser agt a eponst�ih to Seller.exl third;part+es, lurlas Er� trpwfng.and wint'ting exi�snc!/®(` ame 'Itrotlitlthtruckbeo¢me ed'; t r � rnaking use of the path requested or`for`f s slivery o matenals and access to the project site. Purchaser also agrees to jndem . defend Seller from any claims,demands,loses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested) path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,tp the full extent permitted by law and Subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property causech by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees,and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the) Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State): Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensatio benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of inde specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller ha include,as to all claims, demands,losses, and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court e other claim-related expenses, including attorney's fees.and other costs incurred by Seller to enforce and establish its right under thins Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Su ' counsel will be at the sole experise of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggr products on a project. 0 LIMITATION ON DAMAGES.' Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurre Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or prope prmdmately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including;',. breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contracts . or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shal include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE:SUCH NOT (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute be resolved,the parties involved agree to binding arbitration through non-legal personnel TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the plac designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental re ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal i death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING AC, 206) , ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# []CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER 1 , I • U.M. PRODUCT•� • • • • D I, I� mi 0 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 SALES TAX TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STO.WAY ROCK & CYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL BALANCE • • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNINGS CAME V on ecedent to Seller's obligation to perform any and all credit terms of payment must beset forth in this Contract. In thh-absence of any such.credit tifts`:all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon reques is reasonably necessary for Seiler to determine Purpheser's financial condition. Seller's obligation to perform under t precedent that Sellecshall have thirty(30)days froin'receipt of the executed Contract from Purchaser so that Seller's credit departrnen approve or disapprA4 any credit terms of payment specified.in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the20tb.day after the date of invoice.-Service charges of one and one-quarter per per month will be 'agAble on all past due invoices of thirty(30)days or older. CREDIT>✓ARDS ARE ACCEPTED'AT TIME OF PURCHASE ONLY, IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to op(rgaeeount. Purchaser shall make all payments due hereundiWin lawful money of the United States and in accordance with the terms hereof,without retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the pr party shall be entitled to recover reasonable attorney fees and costs,including appeals, bankruptcies,and post-judgement collection effo ROCK&(RECYCLING ROUTINELY EXEBOISES;THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,.duties and chargeslevied by reason of this Proposal are in addition to prices quoted herein and shall t5e paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.(Seller rnake use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled p" highway. 'Seller has advised that due to the size.and weight of trucks,damage to the premises and/or adjacent property, or personal injury may occur and, 'that trucks may become damaged;disabled or stuck if Seller makes use of the path requested. Seller has further advised thatit is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability, r.pmparty:ct#p-a9� afir>l rg�ul ,.Pur r i�r +,t3N r4 d4iGty to Il and thj cl parties for pr pgny# . ge, „ Pgrsonal r ma inlp �3 apd winc x AW, or arrra trdck's Id'he frocks a tr+e-famageE�4 isabto or W a� i�psult 4x Sell making use of t e path requested or for the delivery of materals ai rg access to> project site, hurc�iaser also agrees to indemnify, hold harmless,and" defend Seller from-any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false;groundless or fraudulent,to the full extent permitted l,y law and subject to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents employees, and;(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or,its agents and employees. For the purpose of Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington Statei Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by.the Purchaser's employees against the Purchaser. Further, indemnification pbligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensatio benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indem specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless sha include,as to all'claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and all .other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seiler is not responsible for means and methods of placement of ready mixed concrete or a re at products on a project. , LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages incurre Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and any injury to person or prop proximately resulting from any breach by Seller or breach of warranty by seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for corn'mencing claims under this Contract against Seller for any reason, includ breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shalt include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE? (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and can be resolved,the parties involved:agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has rece( full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delive designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shall,be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and-shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. lip S'TONEWAY ROCK & RECYCLING DELIVERY TICKET COL ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# []CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER pill"• �• m • • • • m7c • 7= p� . v DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASL TO HOLD HARMLESS STONEWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE � 1 • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNINGS0! CREDIT Condition precedent to Seller's obligation to perform any and all credit terms of payment must he set forth in this Contract.in the absence of any such credit terns,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller Such inforrnatiorf. is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under.this COnteactis subject to the condi,, precedent that Seller shall have thirty{30)days from receipt of the executed Contract from Purchaser so that Seller's,credit department may review and approve or disapprove qny credit terms of payment specified in this Contract. TERMS_OF,PAYMENT, All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1,250/0) per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall make all payments due hereunder iri lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and eosts,including appeals, bankruptcies,and post-judgement collection efforts. STONE-WAY ROCK&RECYCLING AOUTINELY.EXERCJSES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3.., TAXES. All federal,state and local taxes,assessments,Jees,dutios and charges levied by reason of this Proposal are in addition to prices quoted herein and. shall be pai DELIVERY . Signed Purchaser has requestmyy Roc*Recycling;a Divi MerlinNstruction Company, Inc,IS make,-use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest travele highway.'Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur `that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that h is their policy that deliverie . requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liabilit ,.tor pfQk?rty da Vage or per oc p4l injury-that may result.3purch4ser ag u in urie�s, uck av ng nsi windhYng exppr lesk.an tf Q rn f _ riiaking'use of the'path requested or forfhe delivery of materials and access to the project site. Purchaser also agrees to indemnify, hol defend Seller from any claims,demands,losses,and liabilities to.or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject to the limitations below, Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused, by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc,or its agents and employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees, For the purpose of the Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State; Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, thel indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of`damages, compensation or benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts, This promise of indemnity] specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold ;.include.as to all claims,demands,losses,and liability to which it applies, Seller's personnel related costs,reasonable attorney's fees, other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement, U Seller's tehder counsel will be products on a LIMITATION bN DAMAGES. Seller assumes n Purchaser in connection with this Contract,includi , proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND 6ACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, ihclud breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,'breach of contra or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received, full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for p death,and property damage arising from the storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING AC - -2566 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# -7 CUSTOMER NAME CUSTOMER P.O. JOB NO. Y TI . JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑ DISCOVER ••• DESCRIPTION U DRIVER TRUCK NO. ORDERED BY REMIT TO DR O 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE -CUSTOMER RELEASES AND AGREES TO HOLD HAF-LESS STONEW: jGK & RECYCLING, A _ DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY - TERMS, CONDITIpNS AND WARNI,►��i'i CREDIT. Condition precedent to Seller's obligation to perforvn any and products oh a p 5. LIMITATION CN DAMAGES. Seller assumes no responsibility for, and shall not be liable to, P.urch Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purphaae , proximately resulting from anybr•each by Seller or breach of warranty by Seller. �. CLAIMS AND BACK CHARQES. Purchaser's exclusive procedure far commencing claims under this Contract against Seller far any reason, includ breach of contract or breach of warranty,shall be as.follaws: Notice of claims against Seller for any reason,including but not limited to,'breach of contra or warranty,must.be given to Seller in writing within three(3}working days after discovery or when disepvery should have been made. The written claim sh 1 Include the reasons)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN TH (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute.aris�s and Cann be resolved,the parties involved agree to binding arbitration through non-legal personnel TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until S full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the 4jrne,ar designated herein. Thereafter, in addition to assuming all risk of lass, Purchaser shall be responsible fpr compliance with all governme , pr ordinances with regard to Storage or placement of the Same and shall indemnify and held Seller harmless ag inSt all Glaims iqr persona injuries,fncludin DELIVERY TICKET S'TONEWAY ROCK & RECYCLING ACCOL . . ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB 7LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# 1 CUSTOMER NAME CUSTOMER P.O. JOB NO. 7EIVERY TICKET NO. { JOB ADDRESS J COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXP. / ❑VISA ❑MASTERCARD ❑DISCOVER PRODUCT U.M. CODE DESCRIPTION ��7m7l7i L� DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA - 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STOir. .-CK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. _ CUSTOMER SIGNATURE i .. 'TSB _ • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNINGS to Seller's obligation to perform any and all credit terms of payment must be set forth in this Confracf.ln'i'he ab'SerrCe of'any ffiiitnt credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O,.D.). Purchaser agre s n'r sonably necessary for Seller to determine P,yrrchaser's financial condition. Seller's obligation tq I r.r precedent that Seller.shaft have thirty (30)days from receipt of the executed Contract from Purchaser so that Fiellerls credit department may revieT approve or disapprove any credit terms of payment specified in this Contract. ' 2. TERMS OF PAYMENT,All invoices are due for payment by-the.30th day after the date of invoice. Service charges of one and one-quarter percent(1:2 per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIMEOF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain ari open account..Purchaser shall make all payments;due hereunder.in Iawfull money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing! party shall be entitled to recover reasonable attorney fees and costs,including appeals;bankruptcies,and post-judgement collection efforts. STONEWAY ROCK& REsCYCLING ROUTINELY£XERWE$,THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3.., TAXES, All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal are in addition to prices quoted herein and' shall be paid by Purchaser.__ DELIVERY CONDITIONS. Signed Purchaser,bas requested Stoneway.Rock&Recycling,a Division of Gary Merlino Construction.Company,Inc.(Seiler)to make use of a path for tfte dedivery-W materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled public highway. Seller has advised_that'due'to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and that trucks'may become damaged,disabled or stuck if Seller makes use'of the path requested. Seiler has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability 4,propqMy damage or person I injury that py result.,,Purpha er-agrees to assume rgspgpsr t#y o ellsr--end third parties.. r.* luries tru�tC`tiwing.anc6�inc ingexpense:A agdf�amage.toSefibertt,truGRcs, ouldtf2tttr�cd.., fn2led;disakil ! yu making use of the path requested or for the delivery of materials and access tope project site. lure aser also agrees to indemni y, hold harmless,and defend Seiler from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full'extent permitted by law and subje to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cau by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents an employees,and,(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of th Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further,the, indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation or1 benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity; specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shall include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and a other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party ciaim(s). counsel will be at the sole.a*ensef the Pser. Seiler is not responsible for means and methods of placement of ready mixed concrete or aggre products on a projLIMITATION ON DAMA r assumes no responsibility for, andj shall not'be liable to, Purchaser for any consequential damages incurred by, Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will,and an'y injury to person or propertj' proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure.for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seiler for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reasons)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVI_SUCH NOTICE WITHIN THREE; (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has receivedr full payment for the same. Risk of loss of'the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,.at the place of deliv designated herein. Thereafter;in addition to assuming all risk of loss, Purchaser shall be'responsible for compliance with aN governmental regulations ordinances with regard to storage or placement of the same and shall indemnify and,hoid Seller harmless agains death,and property damage arising from the storage,use or handling of said materials. 3 , DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNTING -66 ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE 777CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. _. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# [:]CHARGE / SPECIAL INSTRUCTIONS CARD# EXR � ❑VISA ❑MASTERCARD ❑DISCOVER • •� DESCRIPTION • • i ii 1 I DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA -- 98108 111 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS -:WAY _CK & REC :LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE REV 12/99 NBF PLANT COPY ERMS, CONDITIONS AND WARNING$ IT. Co ent to Selle Wlinto perform any and all credit terms of payment must beset forth in this Contract''In the absence of'any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Sellertsuch infer is reasonably necessary for Seller to determine Purchaser's financial condition.. Seller's obligation.to perform under this Contract is subj6ct to the c precedent that Seller shall have thirty..(30)days from receipt of the executed Contract from&urchaser so that Seller's credit department may rev approve or disapprove any credit terms of payment specified in this Contract. i TERMS OF.PAYMENT. All invoices are due for payment by the 30th day after.the date of invoice.-Service charges of one and one quarter percent(1:25%): per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEIpTED AT TIME OF PURCHASE ONLY, IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an open account. Purchaser shall mako:all payments due hereunder in'lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this.invoice,the prevailing party shall be entitled to recover reasonable attorney fees and ceists,including-appeals,bankrrlfeies,and post-judgement collection efforts. STONEWA.Y ROCK&RECYCLING ROUTINELY!EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,,fees,dutiesand charges levied by reason of this Proposal are in addition to prices:quoted herein shall be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has,requested Storteway-Rock&Recycling,-a Division of f ary Merlino Construction , make use of a path for the delivery of materials ar q access to the project requiring trucks to travel beyond the boundaries of the'neareA'travbled pii highway. Seller has advised that dd&to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury Tay occur and, 'that trucks may become damaged,disabred or stuck-if Seiler�nakes'use of the path requested. Serier has further advised that it is their policy that deliveries requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are atthe risk of the Purchaser and that Seller assumes no liability, fi, far u�p®rty,darn�,ge$Qr p@ors I y;t�#rr� � P ser agrees to moe lsa4l pa lei} o Saner ¢parties for pr tarp or* �nfurles, �u l"<towing ns w(fr :rr�X�e�i r d �'hc i :' ' o►x e da,tn `r ableii or s. 3e making use of the path'reques ed or`for'the delivery of materials an access o the prom srte. Purchaser also agrees to rndemnify, hold harmless, defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of t path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,tb the full extent permitted by law to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cau by or resulting frpin the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents employees, and,(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that spay be granted it under the Washington$ Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, indemnification obligation under this Agreement shall not,be lirnited in any way by any limitation on the amount or type of damages, compensatio benefits payable,to or far any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless shalt include,as to all claims,demands,losses,and liability to which it•applies,Seller's personnel related costs,reasonable attorney's fees, court costs,and al4 other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Uport products on a project, LIMITATION ON DAMAGES. Seller assumes no responsibility or, and shall not be liable to, Purohaser lor.any consequential a ages in Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's goodwill,and any injury to person or p proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason,'includingt breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claims hall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE ispute ari STONEWAY ROCK & RECYCLING DELIVERY TICKET AC (2os) ,�- - ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICK JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER • •• DESCRIPTION • • • I I iI I i I i ' l DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & REC -LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE :`" f • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNIN CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be setforfRl in this Contract?`Tn fh such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees di on'request to4ur.nish Seller su. I reasonably necessary for Seller to determine Purchaser's.financial condition. Seller's obligation to perform under this Contract is subje4l. precedent that Seller shall have thirty(30)days from receipt of the executed`Contract.from Purchaser so that Seffer's-credit department is or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the..30th day.after the date of invoice..Service charges of one and one-clparter percent 4 per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF P IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. if a service charge is assessed,it must be paid in or open account. Purchaser shall make all payments due hereunder in lawful money of the-United States and in accordance with the terms he retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the preva party shall be entitled to recover reasonable attorney fees and costs;including appeals, bankruptcies,and post-judgement collection i ROCK& RECYCLING ROUTINELY EXERCISESTHEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. 3.,. TAXES. All federal,state and local taxes,asge4sments,fees,duties and charges levied by reason of-this Proposai,are in addition to prices quoted herein " shall be paid by Purchaser. A. DELIVERY,CONDITIONS._Signed P ._ make use of a path for the deliyery of materials and access to the project requiring trucks to travel beyond the boundaries of the ndarest traveled pu, highway. Seller has advised tKi t due to the size and weight of trucks,damage to the premises andlpr:adjacent property,or personarinjury may occur'and that trucks may becorhe damaged,disabled or stuck if Seller makes use of tfie path requested. Seller has further advised that it is 4he'ir policy that deliveries. requiring Seller's trucks travel beyond the neerest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability gr pro�er#ydamags. I,' fib. _ t ry�P. aseragre es a trp�trt+es DELIVERY TICKET STONEWAY ROCK & RECYCLING AG_ , ,:,u (206) ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK ( )425 226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. f DELIVERY TICKET Lo JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER DESCRIPTION MEW U DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK � ,;_CYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL •• • • PROPERTY CAUSED BY DELIVERY OF IMP&RIALl LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE ,`•- �'" • PRINT NAME DATE • REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNING CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth'ih this Contract.In theab's'eih'ce of'•a>iy such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Parch lag to fiw�lakl is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's ig. precedent that Seller shall have thirty(30)days'from receipt of the ezecdted Contract fr:im-Purehasw so tha#Seller's credit department approve or dlsappro'vv�any credit terms of paymentspecified i TERMS-OF PAYMENT. All invoices are due for payment.by th per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CAR[76 ARE ACCEP`PED'At TIME OF Pd CHASk ONLY. I IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in ord' open account. Purchaser shall make,aU payments due hereunder in lawful money of the United States and in accordance with the terms ha retention and without regard to any agreement Purchaser may have with other parties. Should,legal action be initiated to collect this invoice,the p party shall be entitled to recover reasonable attorney-fees and costs, i ROCK&RECYCLING-R©I,.MR _Y;EXERWES THEIR RIGHT TO SEN TAXES. All federal,state and local taxes,assessments,fees,duties and chargeslevied by reason of this,Proposai are in addition to prices quotedherein and' shall be paid by Purcha DELIVERY CONDITION urchaS>rr has requeste one k&R ng,a Division of Gary Merlino Construction Company,Inc.IS make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the nearest travele highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury,may occur and' 'that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that deliver' requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seiler assumes no ii r,iprjpperty darpayle oG,porsonal.iny y that mayf®salt. Purc ser ees 1 Tortes triSk te%X and wlh.ching�perlses,aril%or clarMag to t st making use of the path requested o`r for the delivery of materials and access to defend Seller from any claims,demands,losses,and liabilities to or by third parties aris path for the delivery of materials whether such claims may prove to be true or false,gro to the limitations below. Purchaser's duty to indemnify Seller for liability for damages a by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling, a Division of employees, and (b) the Purchaser shall apply only to the extent of the negligence of the Purch Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any i Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the P indemnification obligation under this Agreement shall not be limited in any way by any Iimitati benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee b' specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend ndernnity and holde er include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related.costs,reasonable attorney's fees, court c other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right Under this Agreement Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s) counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or ag products on a project. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits, Purchaser's good will, and any injury to person or property proximately resulting from any breach by Seller or breach of warranty by Seller. 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shall include the reasons)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannof be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of delivery, designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations:an ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuri death,and property damage arising from the storage,use or handling of said mater' DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCC ( 066) ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB N0. DELIV I IUKE I NO. JOB ADDRESS ---- COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# [-]CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER I -•• TOTAL • • � DESCRIPTION • • SO 33. NS DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES :_ ARML_ S STC.,EWAY ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF PLANT COPY NmqL TERMS, CONDITIONS AND WARNIN,, CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set forth`iA't)is Contract: in tfae absence of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such information as . is reasonably necessary for Seller to determine Purchaser's financial condition.,_Seller's obligation to perform under,this Contract is sublect`tolthe'condition precedent that Seller shall have thirty(30)days from receipt of the executed Contract from Purchaser so that.Seller's credit department may review and approve or disapprove any credit terms of payment specified in this Contract. 2, TERMS OF PAYMENT. All invoices are due for payment by the 30th day after the date of invoice. Service charges of one and one-quarter percent(1.25 Q per month will be payable on all past due invoices of thirty(30)days or older, CREDIT ClAfibS ARE ACC EPTEb A`t TIME OF PURCHASE ONLY. IF PAYMENT IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to maintain an. . open account. Purchaser shall make all payments due hereunder.in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing- party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and-post-judgement collection efforts. STONEW ROCK&RECYCLJNG ROUTINELYEIKERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxis,,assessments,fees,.g4tigs-and charges levied byreason of-this Proposal are in addition to prices quoted herein and. shall be paid by DELIVERY CON make use cf a,path for highway. Seller has advIls Chet due tii the size that trucks may become damaged,disabled or st requiring Seller's trucks travel beyond the nearest fQr propertyydarpag@ o�persona!•jWurythot play-rWIt.-rP r }uses trn4 c bowing 4 xPet�ies,a�dama� x y, snaking use of the pafi requests oror thb delivery of materials and access to the project site. Purchaser also agrees to indemnj y, hold harmless,an defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the r path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted bylaw and to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cau by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Incl.or its agents employees,and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. indemnification obligation under this Agreement shall not be linifted in any way by any limitation on the amount or type of damages, com benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of inde specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller h include,as to all claims,demands,losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under t ' products on a prbj LIMITATION ON'DAMAGES, i Purchaser in connection with this Contract,includi aser's II t profi rchaserr''g, d will,and any inj arson or property, proximately resulting from any breach by Seller o 45 �. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,inOuding but not limited to,,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been rhade. The written Claim shall include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREfa (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM, If a dispute arises and cannot`: be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the sarne,at the place of delivery designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations and ordinances with regard to storage or placement of the same and'shall indemnify and hold Seller harmless against all claims for personal injuries,including death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING AC ACCOUNTING:9125 TENTH AVENUE SOUTH SEATTLE,WA 98108 • (206)762-2566 SALES/PLANT& BLACK RIVER QUARRY ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET . JOB ADDRESS -- COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER • ODUCT DESCRIPTIONCODE • AMOUNT r' �7 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STOI,_WAY ROCK & REG, -LING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DFLIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • PRINT NAME DATE • REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WA R ondition precedent to Seller's obligation to perform any and all credit terms of paymeflt must be set fofih' t'thitf oritr t._`1`rt the ab§ehl6e of any such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furhist Seiler such information as is reasonably necessary for Seller to determine Purchaser's financial condjtion. Seller's obligation to perform under this,Confraot iS subject to the condition _precedent that Seller shall have thirty(30)days from receipt of the executed Contr t-from Purchaser so that Sellers.credit department may review and benefits pa specifically include,as other claim-related expenses, including Seller's tender of defense under this Agr counsel will be at the sole expense of the products on a project. LIMITATION ON DAMAGES. Seller assumes no resp Purchaser in connection with this Contract,including witho proximately resulting from any breach by Seller or breach of warranty by Seller. �. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seiler for aiiy reason, inciu i breach of contract or breach of warranty,shall be as follows: Notice of claims against Seiler for any reason,inc ludi or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should_ include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE u (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and cannot be resolved,the parties involved agree to binding arbitration through non-legal personnel. 7. TITLE AND RISK OF LOSS. Unless otherwise expressly stated.herein,title to the materials sold hereunder shall remain with Seller until Seller has full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the plac designated herein. Thereafter,in addition to assuming all risk of loss. Purchaser shall be responsible for compliance with all governmental reg ordinances with regard to storage or placement of the same and shall indemnify and hold Selier,harmless against all claims.for personal injuries,i death,and property damage arising from the storage,use or handling DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCOUNT,, . 206) ; ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226 1000 BLACK RIVER QUARRY 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. `DELIVERY TIOKET-N6. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / 11 SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑DISCOVER OLIANTITY • • DESCRIPTION • • 1 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 J TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROCK & REC`: ..LING, A � DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • •• PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE (4 ._� f • Loll] PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNINGIA CREDIT. Condition precedent to Seller's obligation to perform any and all credit terms of payment must be set foRM in'this Contract:"Ih the atisc ditieo such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller such i is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under this Untract is s(jbject to' precedent that Seller shall have thirty (30)days from receipt of the executed Contract from Purchaser so that Seller's credit deparimenf approve or disapprove any credit terms of payment specified in this Contract. I TERMS OF PAYMENT. All invoices are due for payment by the 30th day-after the date of invoice. Service charges bf one- per month will be payable on all past due invoices of thirty(30)days or older. CREDIT CARDS ARE ACCEPTED AT TIME OF PURCHASE ONLY, IF PAYM IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in open account. Purchaser shall make all payments due hereunder in lawful money of the United States and in accordance with the term retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,t party shall be entitled to recover reasonable attorney fees and-costs,including appeals, bankruptcies,and post-judgement collection efforts. S ROCK&RECYCLING ROUTINELY EXERCISES DHEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOB9. 3. TAXES. All federal,state and local taxes,a$sessments,fees,duties and charges levied by reason of this Proposal ar in addition to prices quoted herein and' other claim-relate Seller's tender of d counsel will be at th products on a project..- LIMITATION ON DAMAO S. Seller assumes Purchaser in connection with this Contract,includ proximately resulting from any breach by Seller or breach of w 6. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller'for any reason,including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,br or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM, lfa dispute arises and be resolved,the parties involved agree to binding arbitration through non-legal personnel. i TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received;, full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place bf delivery designated herein. Thereafter,in addition to assuming all risk of loss,Purchaser shalt be responsible for compliance with all governmerrtal regulations and ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for,personal injuries,including DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCO�.DING ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB JLEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKT7 NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. / SPECIAL INSTRUCTIONS ❑VISA ❑ MASTERCARD ❑DISCOVER PRODUCT CODE DESCRIPTION 1 {II) J+1 1 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA - 98108 soy L, TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONE1n, 4 ROCK & RECYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. — CUSTOMER SIGNATURE �_ • PRINT NAME DATE • REV 12/99 NBF PLANT COPY k• � �y TERMS, CONDITIONS AND WARNtN.r on ► n precedent to Seller's obligation to perform any and all credit terms of payment WUST De gel TORR InInisn a such credit terms,all deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upo? reques ` s is reasonably necessary for Seller to determine Purchaser's financial condition. Seller's obligation to perform under t.. precedent that Seller shall have thirty(30)days from receipt of-.the executed Contract from purchaser se4hat Seller approve or disapprove any credit terms of payment specified in this Contract. TERMS OF PAYMENT. All invoices are due for payment by the.30th day after the date of.invoice._Service charges of one and one-quarter percent(1 .per month will be payable on all past due invoices of thirty(30)days or older. CREW ARbS ARE ACCEPTED AT TIME'OF PURCHASE ONLY. IF P IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to mai open account..Purchaser shall make all payments due hereunder in lawful money oft-hi�)nited States and in accordance with the terms hel eof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing party shall be entitled to recover reasonable attorney fees and costs,including appeals,bankruptcies,and post-judgement collection efforts. STONE, ROCK&RECYCLING'ROUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of-this.Proposal-are in addition to prices quoted herein; shall-be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,.a Division of Gary Merlino Construction Company,Inc.(Sell I make use of a path for the delivery of,materials and access to the project requiring trucks to travel beyond the boundaries of the nearest traveled p' highi Jay. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property, or personal injury may occur that'trucks may become damaged,disabled or stuck if'Seller makes use of the path requested._Seller has further advised that it is their policy that delive requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no liability': r paoperty.d� pe( 4pjury that may.res P Chas r su & s► !i Se11 and,third roes for o erty,oarTage persoryai jUftea tru li; ►n�,g 2 cll pinchit :expensas,:acid/ 1 d'�itr ru d,disabled o►' uck g�¢ suit' --i. , --P... �y ' = .. ire '''+'�_ .. making use of the path requested or for the delivery of'matenaland accessato a project'site. Frurc.aser also'agrees to indemnify, hold harm{ defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connectedrvith the use of the r path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent.to the full extent permitted by law and to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to propertyca by or resulting frpm the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents, employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington S, Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensatip benefits payable to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indent -specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to.defend,indemnify and hold Seller harmless include,as to all claims,demands, losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees, court costs,an other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upo Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim counsel will be at the sole expense of the Purchaser. Seller is no}responsible for means and methods of placement of ready mixed concrete or a products on a project. f b. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not'be liable to, Purchaser for any consequential damages n ur Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any inju to rson or ro ert proximately resulting from any breach by Seller or breach of warranty by Seller. 8. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any-reason,'iricludin breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty,must be given to Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shad include the reason(s)and grounds for the claijn and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THRE -(3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and canno be resolved,the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has recei full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of designated herein. Thereafter,in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulati i` ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,includin death,and property damage arising from the storage,use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING AG JUNTING (206) _ ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& BLACK RIVER QUARRY SEATTLE,WA 98108 • (206)762-2566 ORDER DESK (425)226-1000 6808 SOUTH 140TH ST. • RENTON (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. DELIVERY TICKET JOB ADDRESS COLLECT ON DELIVERY (C.O.D.) ❑CASH ❑CHECK# ❑CHARGE CARD# EXP. SPECIAL INSTRUCTIONS ❑VISA ❑MASTERCARD ❑ DISCOVER PRODUCT DESCRIPTION TONS 772 CODE TONS TOTAL 334- 00 a - Iq U DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. SUB-TOTAL DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE - CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS ONEWAY ROCK & ..CYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE • • PRINT NAME DATE REV 12/99 NBF PLANT COPY TERMS, CONDITIONS AND WARNINGS set forth in thi9.0 aot�ln li*ab&4hd040baf'any ( on ton pre exent to Seller's obligation to perform any and all credit terms of payment must be ..such credit terms,all deliveries under this Contract are"Collect On Delivery" C.O.D.). Purchaser agrees rees upon req is reasonably necessary for Seller to determine Purchaser's financial condition.. geller's-obligatiohto perform un4 precedent that.-Seller shall have thirty(30)days from receipt of the executed&ntractfrom Purchaser so-•that Seller's credit depfirtrrien approve or disapprove any credit terms of payment specified in this Contract. .,. TERMS OF PAYMENT. All invoices are due for payment by the 30th day_after the date of.invoice. Service charges of one and one=quarter percent(1. 5% per month will be payable on all past due invoices of thirty(30)days or older. CREDIt CARDS ARE ACCEPTED AT TIME OP'PURCH�F ONLY, IF P IS MADE BY BANKOARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. if a service charge is assessed,it must be paid in order to main open account. Purchaser shall make III payments due,hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may have with other parties. Should legal action be initiated to collect this invoice,the prevailing arty shall be entitled to recover reasonable attorney#ees and costs,including appeals,bankruptcies,and post-judgement-eoHection efforts. STONE POCK&RECYCLING ROUTINELY;EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS. TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied by reason of this Proposal-are in addition-to prices quoted herein 'stiall'be paid by Purchaser. DELIVERY CONDITIONS. Signed Purchaser has requested Stoneway Rock&Recycling,a Divisionof Gary Merl ino.Construction Cam I make use of.a path for the delivery of materials and access to the project requiring trucks to-travel beyond the boundaries of the nearest traveled'pi highway.'Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur that trucks may become damaged,disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that delivers requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes no.liability, r r erty ge or person, Fnlury that may result Purc r t s r srbrli •tyt Ilar and third# riles for pr r#y d der � l f� trucki ng and win ,expl$nse , ndlc rta �i s f( I €' °u t Me� ,dt�ktt ter s . c p9 r, n. x making use of the patfi requested or for the r�e(rvery o materrafs an�access. o�the project site. uiohaser also agrees to indemnify, hold harmless, and defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting from,or connected with the use of the requested path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and sub*e to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property cau by or resulting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company,Inc.or its agents employees, and(b)the Purchaser shall apply only to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of Purchaser's indemnification obligation only,the Purchaser specifically and expresslywaives anyammunitythat may be granted it under the Washington S Industrial Insurance Act,Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against1the Purchaser. Further, th indemnification obligation under this Agreement shall not be limited in any way by any limitation on the amount or type of damages, compensation r benefits payablerto or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This,promise of indem specifically applies in the case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify and hold Seller harmless s incaude,as to all claims, demands, losses,and liability to which it applies, Seller's personnel related costs,reasonable attorney's fees,court costs,and other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon, Seller's tender of defense under this Agreement,the Purchaser agrees to appoint counsel of Seller's choice.to defend against third party claim(s): Such counsel will be at the sole expense of the Purchaser. Seiler is not responsible for means and methods of placement of ready mixed concrete or aggregate products on a project. i LIMITATION ON,DAMAGES. Seller assumes no responsibility,for, and shall not be liable to, Purchaser for any consequen amages rncu i Purchaser in connection with this Contract,including without limitation.Purchast'ris lost. rofits Pur to:.erson or ro proximately resulting from any breach by Seiler or breach of warranty by Seller. 6. CLAIMS AND Q,ACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against Seller for any reason, inclu breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,'breach of cant m r or warranty,must be given to Seiler in writing within three(3)working days after discovery or when discovery should have been made.;T'` written claim s include.;the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTE WITHIN TH (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM. If a dispute arises and ca be resolved.the parties involved agree to binding arbitration through non-legal personnel. TITLE AND RISK-,OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seiler until Seller has recei full payment for the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,•at the place of deli designated herein. Thereafter,id addition to assuming all risk of loss,Purchaser shall be responsible for compliance with all governmental regulations ordinances with'regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims fpr personal injuries,including death,and property damage arising from the,storage, use or handling of said materials. DELIVERY TICKET STONEWAY ROCK & RECYCLING ACCC ACCOUNTING:9125 TENTH AVENUE SOUTH SALES/PLANT& SEATTLE,WA 98108 • (206)762-2566 BLACK RIVER QUARRY ORDER DESK (425)226 1000 6808 SOUTH 140TH ST. RENTON • (425)226-1000 A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY,INC. FAX (206)763-4178 MAP LOCATE LEAVE PLANT ARRIVE JOB LEAVE JOB ARRIVE PLANT DATE CUSTOMER NO. ORDER NO. PROJECT PLANT# CUSTOMER NAME CUSTOMER P.O. JOB NO. bELIVERY TI K T NO. JOB ADDRESS COLLECT ON DELIVERY(C.O.D.) I ❑CASH ❑CHECK# ❑CHARGE SPECIAL INSTRUCTIONS CARD# EXP. ❑VISA ❑MASTERCARD ❑DISCOVER IIIIIIIIII11:11:01 bill"m DESCRIPTION Lei 33y- � 00 a -I9 0 DRIVER TRUCK NO. ORDERED BY REMIT TO 9125 10th AVE.S. • DISPATCHER TAX CODE TIME DUE SEATTLE,WA 98108 TERMS ON REVERSE RELEASE — CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS STONEWAY ROGr. ,-CYCLING, A DIVISION OF GARY MERLINO CONSTRUCTION COMPANY, INC. FOR ANY DAMAGE TO HIS REAL OR PERSONAL • PROPERTY CAUSED BY DELIVERY OF MATERIALS LISTED ABOVE.DETAILS ON REVERSE. CUSTOMER SIGNATURE '� • • PRINT NAME DATE REV 11111 NBF PLANT COPY -X TERMS, CONDITIONS AND WARNINIgSy Condirm prec ent to Seller's obligation to perform any'and all credit terms of payment must be set forth in this Contraot. In the able a an such,credit termp:,'a11 deliveries under this Contract are"Collect On Delivery"(C.O.D.). Purchaser agrees upon request to furnish Seller s4q- 4 informatio is reasonably necessary for Seller to determine Purchaser's financiiW condition. Seller's obligation to perform under this Contract is subject to the cQq_d precedent that Seller shall have-thirty(30)'days from rece'fpt'of'the-executed.Contract from"Purchaser-so that.Seller's credit department may revie+rr approve or disapprove any credit terms of payment specified.in this Contract. 2. TERMS OF PAYMENT. All invoices are.due for payment by the 30th day:after the date of invoice. Service charges of one and one-quarter per` per month will be payable on all past due invoices of thirty(30)days or older. CREdIT CARDS ARE ACC&ttD AT TIME OF PURCHASE ONLY. IF P IS MADE BY BANKCARD AFTER PURCHASE DATE,A 3%FEE WILL BE INCURRED. If a service charge is assessed,it must be paid in order to main opr3n aocownt. P.utchaser shall make all payments¢ hereunder in lawful money of the United States and in accordance with the terms hereof,without any retention and without regard to any agreement Purchaser may-have with other parties. Should legal action be initiated to collect this invoice,the prevailing, party shall be entitled to recover reasonable attorney fees and costs,including appeals-bankruptcies,and post-judgement collection-efforts. STONEIN ROCK&Ftl,C(CLINGSO OUTINELY EXERCISES THEIR RIGHT TO SEND MATERIALMAN'S NOTICES TO ALL JOBS, TAXES. All federal,state and local taxes,assessments,fees,duties and charges levied-by reason of this Proposal are in addition to prices quoted herein and '—shall be paid by-Purchaser. 4. DELIVERY CONDITIONS. Signed.Purchaser has requested Stoneway Rock&Recycling,aDivision.of Gary Merlino Construction Company,Inc.(Setler)-to" ~make use of a path for the delivery of materials and access to the project requiring trucks to travel beyond the boundaries of the'nearest'ttaveled'public: highway. Seller has advised that due to the size and weight of trucks,damage to the premises and/or adjacent property,or personal injury may occur and 'ffrat trucks may become damaged;disabled or stuck if Seller makes use of the path requested. Seller has further advised that it is their policy that delive' requiring Seller's trucks travel beyond the nearest highway to obtain access to the job site are at the risk of the Purchaser and that Seller assumes rio'lia �„ f, arrna pens al itl�yry.tkiat�gpy[At;�/t. Fu�,}� g�a rf, assup�e r@s[yt�LCjtulit r„�nd thrrd{�8rttes#or"pro art /�'`,'� mj�it tr .w�ig_and vyhtfing"expenses $riid/.i�g'dattutgb'tok$�e�i� k�,sht�wklrtt�# .. �;Lftsr��or stuGG�,c �,. makrn u'se he path`requested or for the deliver'y of materials and access to the project srfe. I�urc aser also agrees to indemnify, ho defend Seller from any claims,demands,losses,and liabilities to or by third parties arising from,resulting froni,or connected with the use o the requested' path for the delivery of materials whether such claims may prove to be true or false,groundless or fraudulent,to the full extent permitted by law and subject' to the limitations below. Purchaser's duty to indemnify Seller for liability for damages arising out of bodily injury to persons or damage to property caused by or'rQsuiting from the concurrent negligence of(a)Stoneway Rock&Recycling,a Division of Gary Merlino Construction Company, Inc.or its agents and employees,and`(b)the Purchaser shall apply gnly to the extent of the negligence of the Purchaser or its agents and employees. For the purpose of the, " t Purchaser's indemnification obligation only,the Purchaser specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. This waiver does not permit a direct action by the Purchaser's employees against the Purchaser. Further, the indemnification obligation under this Agreement shall not be limited in any way by any limitation an the amount or type of damages, compensation or I : benefits payabte,to or for any third party under worker's compensation acts,disability benefit acts,or their employee benefit acts. This promise of indemnity r" specifically applies inthe case of injuries to the undersigned's own employees. The undersigned's duty to defend,indemnify arid hold Seller harmless shall include,as to all clairns,demands losses,and liability to which it applies,Seller's personnel related costs,reasonable attorney's fees,court costs,and all other claim-related expenses, including attorney's fees and other costs incurred by Seller to enforce and establish its right under this Agreement. Upon Seller's tender of defense under this Agreement, the Purchaser agrees to appoint counsel of Seller's choice to defend against third party claim(s). Such counsel will be at the sole expense of the Purchaser. Seller is not responsible for means and methods of placement of ready mixed concrete or aggregate products an a project. LIMITATION ON DAMAGES. Seller assumes no responsibility for, and shall not be liable to, Purchaser for any consequential damages incurred by Purchaser in connection with this Contract,including without limitation,Purchaser's lost profits,Purchaser's good will,and any injury to person or property ,proximately resulting from any breach by Seller or breach of warranty by Seller. CLAIMS AND BACK CHARGES. Purchaser's exclusive procedure for commencing claims under this Contract against.Seiler for any reason, including breach of contract or breach of warranty,shall be as follows: Notice of claims against Seller for any reason,including but not limited to,breach of contract or warranty.must be given to.Seller in writing within three(3)working days after discovery or when discovery should have been made. The written claim shalf include the reason(s)and grounds for the claim and the dollar amount or relief sought. FAILURE OF PURCHASER TO GIVE SUCH NOTICE WITHIN THREE (3)WORKING DAYS SHALL CONSTITUTE A WAIVER BY PURCHASER OF ITS RIGHT TO LATER MAKE ANY SUCH CLAIM, if a dispute arises and cannot be resolved,the,parties involved,agree to binding arbitration through non-legal personnel. TITLE AND RISK OF LOSS. Unless otherwise expressly stated herein,title to the materials sold hereunder shall remain with Seller until Seller has received full payment foe-the same. Risk of loss of the materials sold under this Contract shall pass to the Purchaser upon delivery of the same,at the place of deliv `designated herein. Thereafter, in addition to assuming all risk of loss, Purchaser shall be responsible for compliance with all governmental regulations ordinances with regard to storage or placement of the same and shall indemnify and hold Seller harmless against all claims for personal injuries,inclu, death,and property damage arising from the storage,use or handling of said materials. II I i W O Q O O CD W W 0 n N L-L- w rn J O Oo N 0 O c� `� QyQ-P 8 2.13 O � TOE 664 ° . . ° / 81 . 84 W Fti T E X 83.7 O �- ��P• G S W � � ti°` � 6 O �� �' 8 tiP 662 X OE 2 X 81 .1 � / 655 ~ / W 63 11 656 / CL 81 .24 TOE 8 . 2 66��� n / E 6 OE657 �0.8 �C 0 X 81 .2� 1 c� 8 0.9 6 0 E o T 068 TOE 3 / ❑ Q co 8 .0 3 27 6 7 / N E TOP 3 684 658 9660 Q`�6 651 4 6�P X 81 1 .1 13 � 8 �� TO950 X TO -- 3 T � 81,�k5 TO X PQ`k' Q�pX 80.6 6 ti 0 P4 TV OE 9 06S 916 tit ti� H0.91 8 .70 2� S CL / 648 T 3 + I X 80 h E 16 4 �� TOE ° / x ° T 9 83 8 .82 / X .49 L / 64 GB + / X .9 97 83. 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