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HomeMy WebLinkAboutCAG2003-0498 - Original - Edge Systems - PC Deployment - 10/21/2003 i41 i Records M eme KENT Document was HiHcroH CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: EdgQ, &,Se Mc Contract Number: This is assigned by Mary Simmons Vendor Number: I S5 5 3 Project Name: Contract Effective Date: 01 LA 03 Contract Termination Date: ft i42_ Contract Renewal Notice (Days): Number of days required notice for termination or re wal or amendment Contract Manager: JouP_ Department: S. 0Q Abstract: r5 ADCL7832 07102 KENT WASHINOTON GOODS & SERVICES AGREEMENT between the City of Kent and Edge Systems THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Edge Systems organized under the laws of the State of Washington, located and doing business at 9730 Lathrop Industrial Drive SW, Ste F-1, Olympia, Washington (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK Vendor shall provide the following goods and materials and/or perform the following services for the City: See Exhibit 1, Edge Systems Proposal dated September 4, 2003, for a description of the work to be performed. It is anticipated Vendor will receive and deploy 120 new computers and redeploy 120 computers for a total of 240. However, the actual number of computers redeployed will vary therefore the pricing stated in section III, Compensation,is a price not to exceed. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. H. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services within 60 days of receipt of the new computer equipment at the Vendor's facility. . III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $12,000, excluding applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS&SERVICES AGREEMENT- I (Over$10,000 00, including WSST) The services shall be billed on a monthly basis with a final invoice upon completion of the work. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed,the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the GOODS&SERVICES AGREEMENT-2 (Over$10,000.00, including WSST) Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods,materials and services required by the City under this Agreement. GOODS&SERVICES AGREEMENT-3 (Over$10,000.00, including WSS7) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract,the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend,indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. GOODS&SERVICES AGREEMENT-4 (Over$10,000 00, including WSST) The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 2 attached and incorporated by this reference. XHL WORK PERFORMED AT VENDOR'S RISK Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terns of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. GOODS& SERVICES AGREEMENT-5 (Over$10,000 00, including WSST) However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CI KENT: By: By: (signature tore) �' Print Name: s E- r �e�e Prin e: d a Its �_ era. 1 �"l w K•�.v- Its Ma or Act DATE: 9 !ct l0 3 DATE: Ca /i,�C3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Casey DeBow Chris Beagle Edge Systems City of Kent 9730 Lathrop Industrial Dr, SW Ste F-1 220 Fourth Avenue South Olympia, WA 98512 Kent, WA 98032 (360)943-3343 (telephone) (253) 856-4612 (telephone) (360)943-3340(facsimile) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Z, -21 Ker>vCity Attorney GOODS&SERVICES AGREEMENT-6 (Over$10,000 00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor,that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this ��' day of Sep I-e.,r,b e r- ,200.3 . By: For: � iL c�yS`N:y�^S ✓►C' . Title: Date: EEO COMPLIANCE DOCUMENTS- 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. I. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 of 3 9730 Lathrop Industrial Or SW Ste F-1 Olympia,WA 98612 Phone 360-943-3343 Fax 360.943-3440 September 4,2003 The following proposal is a revised proposal: - Cost of receiving machines and putting your image on them. - No charge for receiving and imaging the new computers regardless of where they are purchased. - Cost of delivering machines to specific locations in the City and switching out the existing computer with the new and returning the machine to a location we designate within the City. The process typically takes 1/2 to 1 hour per machine once you get to the person's desk. - The price would be $50 dollars per machine for both the setup of the new machine and the return of the existing unit. - Cost of re-imaging returned machines and redeploying them to another desk and bringing that machine back to be disposed. $50 dollars per machine for the re-imaging and redeployment. - Cost of disposing of machines no longer needed by the City(350-450 Mhz machines). - No charge for disposal. Thank you for the opportunity to bid on these services. If you have any questions feel free to contact me. casev(&edcewa.com ph:360-943-3343 fax:360-943-3440 EXHIBIT 2 INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 2. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate and a$3,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: EXHIBIT 2 (Continued) 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability)as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL II. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. t-rom uosn rainier nT Nlcnolson a Associates Insurance FaXILr NICnolson-ASSOCIat To Joy Hunnlcut Date 10/132OD3 10 4C AM Page 2 of 2 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID JU wYS#*wMVYYY) EDGES-1 1 10 13 03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Nicholson JX Associates HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1802 Black Lake Blvd. SA ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Olympia AA 98512 Phone: 360-352-8444 Fax: 360-943-9712 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Travelers Property Casualty 31194 INSURER B Ed gQe Systems, Inc. 2SODErt Turner INSURER 9730 Lathrop Drive Suite FI INSURER Olympia AA 98510 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN R RODL POLICY NUMBER POLICY EFFECTIVE POLICYEXPIRATION LIMITS NSRO TYPE OFINSURANCE DATE IW MRY DATE ID MO!'I GENERAL LIABILITY EACH OCCLRRENCE S1,000,000 A % % COMMERCIALGENERALLVBILR9 I6 8 0 4 7116 145IND03 08/03/03 08/03/04 PREWSES Eawc.e e) s 50,000 CLANS MADE ®OCCUR MEDEXI-AAYmewwp) S 5,000 % Ownex/Cunt Prot. PERSONAL:ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GENLAGGREGATE UMTAPPUES PER PRODUCTS COMPYOPAGG s2,000,000 17 POLIC PRO JECT LOL AUTOMOBILE LIABILITY COMBINEDSINCLE UMR E1 GOO,OOO A % ANY AUTO I810471L6145IND03 08/03/03 08/03/04 (Ea aCcllem) ALL OWNED AUTOS BODILY NLIIJRY S SCHEDULED AUTOS t^cr permr6 % HRED AUTOS BoolrwLRv $ % NOwowNEDA1,ITOS (Per acclaem) PROPERTY DAMAGE S (Per xcmem) GARAGE LIABILITY AUTO ONLY EAACCIDENT $ ANN AUTO OTHER THAN EA ACC S AUTO ONLY AGG S EXCEBAUMBRELIALIABILITY EACH OCCLRRENCE S 3,000,000 A % I OCCUR FIC111MSMADE ISMCUP471L6145IND03 08/03/03 08/03/04 AGGREGATE Is3,000,000 s DEDUCTIBLE S % RETENTION $5,000 S WORKERS COMPENSATION AND WC CTIt- TORV LAAIT"STATLL ER A EMPLOYERS'LIABILITY I68047IL6145IND03 08/03/03 08/03/04 EL EACHACCEIENT S1 000 000 ANY-ROPRIETORIPARTNERADIECUTNE r r OFFICERIhEMBER EXCLUDED? EL DISEASE-EAEMPLOYEE $ 1,000,000 SPECIAL PROVISIONS MINN EL DISEASE-POUCYUMIT S 1,000 000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VENCLES I EXCLUSIONS ADDED BY ENDORSEMENT:SPECIAL PROVISIONS The City of Kent is named Additional Insured, as respects work performed by the named insured. CERTIFICATE HOLDER CANCELLATION CITY023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Joy Hunnicut IMPOSE NO OMMMON ORLIABRITY OF ANY KIND UPON THE INSURER,RE AGENTS OR 220 - 4th Avenue South REPRESENTATIVES Kent AA 98032 RUT OO DRE SENTAT ACORD 25(2001108) ©ACORD CORPORATION 1988 OCT-17-2003 FRI 01 :56 Pit FAX NO. 3609439712 P. 02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVI>iIONS: 1. WHO IS AN INSURED (SECTION II) is amended in a written contract for this insuutmcs to to Include as an Insured any person or organiza- apply on a primary or oontrlbutory basis. Von (called hereafter "additional Insured")whom 3. This Insurance does not apply: you have agreed In a written contract, executed prior to loss,to name as additional Insured, but a. on any basis to any person or organization only with respect to Ilabliity arising out of"your for whom you have purchased an Owners work° or your ongoing operations for that adds and Contractors Protective policy. . donai insured performed by you or for you. b. to 'bodily injury,' "property damage; 'per- 2. With respect to the insurance afforded to Addi- sonai Injury." or "advertising injury' arising tional Insureds the following conditions apply: out of the rendering of or the failure to tender a. umtta of Insurarle9 — The fallowing limits of any pmfessional services by or for you, in- IMfN►Ity apply' circling: 1. The limits which you agreed to provide; 1. The preparing, approving or awi to or opinions. or approve maps, drawings. opinions. reports, surveys. change or- 2. The limits shown on the declarations, dens,deelflna or specl4oadona;and whichever Is less. 2. Supervisory, inspection or englneertng b. This insurance is excess over any valid and e4111VION- collectible insurance w,lees you have agreed CO 0105 04 94 Copyright,The Travelers indemnity Company. 1994, Page 1 of 1 Includes Copyrighted Matelot from Inoura nce Services Ofllo%Inc. lhavelers One Tower Square, Hartford, Connecticut 06183 `, POLICY DECLARATIONS POLICY NO.: ISM-CUP-471 L6145-IND-03 COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE POLICY ISSUE DATE:07-17-03 INSURING COMPANY: THE TRAVELERS INDEMNITY COMPANY THIS POLICY DOES NOT 1. NAMED INSURED AND MAILING ADDRESS: COVER LIABILITY ARISING OUT OF EDGE SYSTEMS, INC. ASBESTOS MATERIAL 9730 LATHROP DRIVE, SUITE F1 SEE ENDORSEMENT OLYMPIA WA 98512 UM 01 96 07 96 2. THE NAMED INSURED IS A: XQ CORPORATION Q SOLE PROPRIETOR ❑ PARTNERSHIP OR JOINT VENTURE Q OTHER 3. POLICY PERIOD: From 08-03-03 to 08-03-04 12:01 A.M. Standard Time at your mailing address 4. PREMIUM: * $ 3,173 Z Flat Charge Q Adjustable (See premium schedule) * DIRECT BILL 5. LIMITS OF INSURANCE: COVERAGES LIMITS OF LIABILITY AGGREGATE LIMITS OF LIABILITY 3,000,000 Products/Completed Operations Aggregate 3,000,000 General Aggregate COVERAGE A-Bodily Injury and 3,000,000 any one occurrence subject to the Products/ Property Damage Completed Operations and the General Liability Aggregate Limits COVERAGE B-Personal and 3,000,000 any one person or organization subject to Advertising Injury the General Aggregate Limit of Liability Liability RETAINED LIMIT 51000 any one occurrence or offense 6. SCHEDULE OF UNDERLYING INSURANCE: Eft POLICY LIMITS (000 omitted) COVERAGE COMPANY t?� SEE ENDORSEMENT CG DO 23 04 96 ME OEM 7. On the effective date shown in Item 3, the Commercial Excess Liability (Umbrella) Insurance Policy numbered above includes this Declarations Page and the Policy Jacket (Form UM 00 76 which contains the Nuclear Energy Liability Exclusion)and any endorsements listed hereafter. z SEE END. IL T8 01 01 01 NAME AND ADDRESS OF AGENT OR BROKER: COUNTERSIGNED BY: j MEE NICHOLSON & ASSC INS LLC FE773 010 1802 BLACK LAKE BLVD SW Authorized Representative OLYMPIA WA 98512-5665 DATE: II CG TO 14 04 96 Page 1 of 1 OFFICE: SEATTLE