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HomeMy WebLinkAboutFD06-139 - Original - Pierce Manufacturing - Purchase of Tractor-Drawn Tiller - 03/24/2006 Records Ma e m en KENT Document WAS...OTOM 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 City Clerks Office. Vendor Name: L e,rG -e /A A-4/ cr FACI�c v-t'i.c Vendor Number: 3 C5C QN JD Edwards Number Contract Number: F00G' 1 ,57 This is assigned by Deputy City Clerk Description: A!4 r e-tALe +e• r.4w,v Detail: Project Name: Ti if 2r A eV,%-44 Contract Effective Date: 3 -1g-06 Termination Date: tc yJdw Ac'*f+'UCe., Contract Renewal Notice (Days): x IZA. Number of days required notice for termination or renewal or amendment Contract Manager: _ti e.✓ We,Ak• e y,x't Department: t' i ►^e Abstract: S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 AGREEMENT BETWEEN THE CITY OF KENT AND PIERCE MANUFACTURING FOR THE PURCHASE OF A TRACTOR- DRAWN TILLER WITH A 100' AERIAL THIS AGREEMENT is made and entered into by the City of Kent, a Washington municipal corporation, with its principle offices at 220 Fourth Avenue S , Kent, WA 98032- 5895, hereinafter"City," and Pierce Manufacturing, P O Box 2017. 2600 American Drive Appleton, WI 54913, hereinafter"Pierce," and Hughes Fire Equipment , 910 Shelly Street Springfield OR. 97477 hereinafter"Vendor," with its principle place of business at Springfield, Orion. WITNESSETH• That in consideration of the payments, covenants, and agreements hereinafter mentioned, to be made or performed by the parties hereto, the parties covenant and agree to the following: 1. Term—Agreement. The term"Agreement" as used herein, shall constitute this document entitled"Agreement between the Crtv of Kent and Pierce Manufacturing for the Purchase of a Tractor— Drawn Tiller With a 100' Aerial " Attachment A, entitled "Mimmum Specifications for a Tractor—Drawn Tiller with a 100' Aerial," and Attachment B, entitled "Drawings" and Attachment C, entitled "Pierce Manufacturing Proposal" and Attachment D, entitled "Pierce's Build Sheet" 2. Term - "Tractor—Drawn Tiller". This Agreement is for the purchase of one (1) Tractor—Drawn Tiller that conforms to the terms of this Agreement. 3. Scone of Work. Vendor agrees to build and deliver to the City one (1) fully functional Tractor—Drawn Tiller that meets the specifications set forth in this Agreement and its various attachments The City promises and agrees with Vendor to engage Vendor to provide the Tractor— Drawn Tiller as described in this Agreement and to complete and finish the same according to the plans and specifications set forth in this Agreement and Attachment A. February 3,2006 Page 1 The parties agree that the Tractor—Drawn Tiller will conform with M Department of Transportation rules and regulations in effect at the time of signing of th Agreement, and with all National Fire Protection Association guidelines for Automotive fire Apparatus as published at the time of signing of this Agreement, 4. Delivery and Risk of Loss. Vendor agrees to deliver to the City one (1) fully functional Tractor—Drawn Tiller, free �i o defects, that conforms to the specifications set forth in this Agreement within 2�_calendar days from the date of signing of this Agreement, F 0.13 Kent, WA The risk of loss for any defect or damage to the Tractor—Drawn Tiller shall remain with Vendor until the Tractor—Drawn Tiller is accepted by the City. Vendor shall, at the request of the City, provide a representative to demonstrate the operation of the Tractor—Drawn Tiller and to tram and instruct City representatives regarding the operation of the Tractor—Drawn Tiller at the time of delivery. 5. Time is of the Essence. The City and Vendor agree that time is of the essence in the performance of this Agreement. 6. Payment and Options. The total amount to be paid for the Tractor—Drawn Tiller is $ S 5 6 F 9 7 2 , plus any applicable sales tax. Payment shall be made within thirty (30) days of acceptance of the Tractor—Drawn Tiller by the City Payment shall be made by the City directly to the party designated on the invoice. 7. Preconstruction Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for Four(4) representatives of the City to sit down with the manufactures representatives at their facility to go over the specifications so all parties have a clear understanding of the cities Proposal s February 3,2006 Page 2 MAR-22-2006 08:49 From:HUGHES FIRE WA 2538523225 To:808 676 0592 P.2/4 The parties agree that the Tractor—Drawn Tiller will confortn with all' ederdl r1,'J1�{";!twld• i •tllw.{�'0.idfA'WF T..��i S.VS",r, J ''I'T1�4FrT"'gW"' "�. ia:'�"R!"*#!'t17Y"' F9 M��eti s 'rtatid xulan z ul'atip effect;at e. a st o��ie .,.;,�. 9x X,pyyr�c a.—�"ar�yi�.�:;�i,•"•�e�^�•r��r� .,...�,.tyny� Agxu �. tooect�ori �o�hlat�es�fo'r,Q► ntiotiye dire. �p,' `��,as�ubl,i�hed•,at�th�`'�me o�sign ng•,,o�' �'���ceme_is 4. Delivery and Kick of Loss. Vendor agrees to deliver to the City one(1)fltily functional Tractor—Drawn Tiller,free of defects,that conforms to the:specifications sct firth in this Agreement within 275 _ _- calendar days from the dale of signing of this Agreement, F.O.B.Kent, WA. The risk of loss for any defect or damage to the Tractor—Drawn Tiller shall remain with r Vendor until the:1 ractor Drawn Tiller is accepted by the City, Vendor shall, at the request of the City,provide a mpresentativc to demonstrate the operation of the Tractor—Drawn Tiller and to train and instruct City representatives regarding the operation of the Tractor—Dtttw.2 Tiller at the time of delivery. 5. Time is of the Essence. The City and Vendor agree that time is of the essence in the performance of this Agreement. 6. P_ayment and UptiOnS. it The total amount to be paid for the Tractor-Drawn Tiller is $ s r 5, 972 ,plus any applicable sales tax. Payment shall be made within thirty(30)days of acceptance of the Tractor—Drawn Tille by the City. Payment shalt be made by the City directly to the party designated on the invoice. 7. Preconstructfon Vendor shall provide and pay the expenses for travel by air,meals, and accommodations for Four(4)representatives of the City to sit down with the manufactures representatives at their facility to go over the specifications so all parties have a clear understanding of the cities Proposal. rdruwy 3.2006 Pape 2 8. Inspection. The City is entitled to inspect the Tractor—Drawn Tiller at three (3) different stages. The inspections shall include: (i) a mid-construction inspection prior to painting the Tractor— Drawn Tiller : (n) a final construction inspection prior to leaving the factory, and(iii) a post-delivery final inspection. With the exception of the post-delivery inspection, the inspections shall occur at the Vendor's manufacturing site. Vendor shall provide and pay the expenses for travel by air, meals, and accommodations for Four (4) representatives of the City for each of the inspections that occur at the Vendors manufacturing site The City representatives shall, at a minimum, be afforded twenty four (24) hours of time to inspect the Tractor—Drawn Tiller during the mid-construction, pre-paint inspection and the final construction inspection. Additional inspection time shall be afforded for the inspection of any item that is discovered by a City representative to be defective All deficiencies shall be corrected prior to the apparatus leaving the manufactures facility. The manufacturer shall cover all expenses of the Kent Fire Department personal if the apparatus is not ready at the end of the Twenty four (24) hour final inspection If the deficiencies are not corrected within three days, the manufacturer shall fly the Kent Fire Department personal home Once the deficiencies are corrected the manufacturer shall notify the Kent Fire Department and fly Two (2) of it's representatives back to the manufacturer's facility to re -inspect The manufacturer shall cover meals, lodging. Inspection periods shall include only the time that City representatives actually spend at the Vendor's manufacturing facility inspecting the Tractor—Drawn Tiller. There shall be a post-delivery final inspection conducted at the City's premises to ensure that the Tractor— Drawn Tiller conforms to the terms of this Agreement and passes all inspections and tests as required by the City or other laws or regulations. The initial post- delivery inspection and testing shall be completed within thirty (30) days of delivery of the Tractor—Drawn Tiller In the event the Tractor—Drawn Tiller fails to meet the tests as required by the City on first trials, second trials may be conducted by the City, at the sole option of the City, within thirty(30) days from the date of the first trials Such trials shall be final and conclusive. Vendor specifically agrees that its failure to afford the City the opportunity to inspect the Tractor—Drawn Tiller pursuant to the terms of this Agreement shall be sufficient cause, in and of itself, for the rejection of the Tractor—Drawn Tiller. Notwithstanding any right of inspection, Vendor shall notify the City of any known or discoverable defect in the Tractor—Drawn Tiller that exists on the date the Tractor— Drawn Tiller is delivered. February 3,2006 Page 3 9. Acceptance. Acceptance of the Tractor—Drawn Tiller shall occur after the Tractor—Drawn Tiller passes post-delivery inspections and tests The fact that the City uses the Tractor—Drawn Tiller for the inspection and tests shall not constitute acceptance 10. Reiection. The City reserves the right to inspect the Tractor—Drawn Tiller for any defects, irregularities, non-conformities, and defects in workmanship and appearance, and to reject a nonconforming or defective Tractor—Drawn Tiller. The City will notify Vendor of the rejection of the Tractor—Drawn Tiller in writing The City will also provide Vendor with a written description of the reason(s) for rejection. The City will hold the Tractor—Drawn Tiller in its possession with reasonable care at Vendor's disposition for a time sufficient to permit Vendor to remove the Tractor—Drawn Tiller If Vendor gives no instructions within a reasonable time after notification of the rejection, the City will store the Tractor—Drawn Tiller at Vendor's expense and such expense shall become a security interest in favor of the City The parties understand that in the case of rejection, the City is not required to store the Tractor—Drawn Tiller in an enclosed area. 11. Cure. If the City has rejected the Tractor—Drawn Tiller for a defect or non-conformity, or the Tractor—Drawn Tiller has or develops a defect after acceptance of the Tractor—Drawn Tiller , Vendor shall have thirty (30) days to cure the defect, provided, Vendor provides the City written notice of Vendor"s intent to cure the defect and assures the City that it is capable of curing such defect The City shall notify Vendor in writing of its discovery of any defect within thirty (30) days of the actual discovery of the defect The cure of the defect shall be at the sole expense of the Vendor, and Vendor shall cover all costs of such cure. In the event the cure requires that the Tractor—Drawn Tiller to be transported beyond the limits of the State of Washington, Vendor shall, in addition to covering all costs of such cure, pay to the City $0 40 per mile that the Tractor—Drawn Tiller is driven to cover the wear and tear on the Tractor— Drawn Tiller . Unless otherwise agreed to in a separate writing signed by the parties,Vendor shall have one opportunity to cure each defect for which it has been placed on notice or which Vendor discovers. Any agreement to cure defects of the Tractor—Drawn Tiller shall not constitute a settlement of claims brought pursuant to the terms of this Agreement. If, at any time, Vendor discovers a defect, Vendor shall, within two (2) days of discovery, notify the City of such defects in writing and shall cure such defect, if Vendor so chooses, pursuant to this section. February 3,2006 Page 4 12. Warranty. Vendor warrants and guarantees that the Tractor—Drawn Tiller will be manufactured in accordance with the specifications set forth in this Agreement Vendor further warrants that the Tractor—Drawn Tiller shall remain free from defect or malfunction for a period of One (1) vears : PROVIDED, that in the event any warranty that appears in the attachments to this Agreement, or a warranty issued by a component manufacturer, extends beyond One (1)years years, the length of the warranty in that attachment or issued by the component manufacturer shall prevail and shall not be limited by this paragraph. The implied warranties of merchantability and fitness for a particular purpose, as set forth in sections 62A 2-314 and -315 of the Revised Code of Washington, shall apply to the Tractor—Drawn Tiller These implied warranties shall apply even though they may be disclaimed in an attachment to this Agreement or other documents supplied by the vender, such that this section shall prevail over such disclaimer, and such disclaimer shall not apply. The inspection of or failure to inspect the Tractor—Drawn Tiller shall not constitute a waiver or cancellation of the implied warranties If the Tractor—Drawn Tiller or any component, unit, or subsystem is repaired, rebuilt, or replaced pursuant to this Agreement, such warranty work, component, unit, or subsystem shall have the remaining unexpired warranty of the original component,unit or subsystem, or a warranty of six (6) months which ever period is longer. Vendor shall provide all paperwork relating to warranty coverage of the Tractor—Drawn Tiller or their components to the City upon delivery of the Tractor—Drawn Tiller The warranty periods set forth in this Agreement shall not begin to run until the Tractor— Drawn Tiller is placed in service by the City. The City will promptly notify Vendor of the date the Tractor—Drawn Tiller is placed in service and the mileage of the Tractor— Drawn Tiller when it is placed in service The warranty period set forth in this Agreement shall not run during any period in which the Tractor—Drawn Tiller is not functional due to a defect in the Tractor—Drawn Tiller so long as the City places Vendor on written notice of the defect In the event a component manufacturer requires that the purchaser register its purchase with the manufacturer to make effective a component manufacturer's warranty, Vendor shall take all steps necessary to register such purchase with the component manufacturer. In the event Vendor fails to properly register the City's purchase with the component manufacturer, then Vendor shall assume the status of warrantor of such component as if such registration had occurred. The city's failure to discover any defect during any inspection, or at any other time shall not constitute a waver of the warranty applicable to such defect. February 3,2006 Page 5 13. Performance Bond. Vendor shall provide and execute a performance bond for the full contract amount. This performance bond shall (1) Be signed by an approved surety (or sureties)that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current authorized Insurance List for the State of Washington published by the Office of the Washington Insurance Commissioner. (2) Be conditioned on and guarantee the faithful performance of the contract by Vendor within the prescribed time. (3) Guarantee that the surety shall indemnify, defend, and protect the City against any claim of direct or indirect loss resulting from the failure. a. Of Vendor (or any of the employees, sub-contractors, volunteer sub- contractors of Vendor) to faithfully perform the contract, and b. Of Vendor (or the sub-contractors) to pay all laborers, mechanics, sub- contractors, volunteers, material person, or any other person who provides supplies or provisions for carrying out the work. (4) The City may require the surety companies on the Performance Bond to appear and qualify themselves. When the City deems the surety or sureties to be inadequate, it may, upon written demand, require Vendor to furnish additional surety to cover any remaining work. Until the added surety is furnished, payments on the contract will stop (5) The parties agree that no liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 14. Independent Contractor. The parties intend that an independent contractor-employer relationship will be created by this Agreement As Vendor is customarily engaged in an independently established trade that encompasses the specific service provided to the City, no agent, employee, representative, or sub-contractor of Vendor shall be or shall be deemed to be the February 3,2006 Page 6 employee, agent, representative, or sub-contractor of the City. In the performance of the work, Vendor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of Vendor. Vendor will be solely and entirely responsible for its acts and for the acts of Vendor's agents, employees, representatives, and sub-contractors during the performance of this Agreement The City may, during the term of this Agreement, engage other independent contractors to perform similar work. 15. Non-Assignment. Vendor shall not assign this Agreement nor any part thereof, nor any monies due or to become due thereunder, without the prior written approval of the City. Vendor shall not sublet any part of this Agreement without first having obtained the written consent of the City to do so IN CASE SUCH CONSENT TO SUBLET ANY PART OF THIS AGREEMENT IS GIVEN BY THE CITY, IT SHALL IN NO WAY RELEASE VENDOR FROM ANY RESPONSIBILITY UNDER THIS AGREEMENT, AND VENDOR SHALL BE HELD IN ALL RESPECTS ACCOUNTABLE AS IF NO CONSENT HAS BEEN GIVEN. VENDOR WILL BE REQUIRED TO GIVE PERSONAL ATTENTION TO THE WORK THAT IS SUBLET. 16. Indemnification. Vendor shall defend, indemnify, and hold the City, it's officers, officials, employees, agents and volunteers harmless from injury and all claims, injuries, damages, losses, and suits including all legal costs and attorney fees arising out of or in connection with the performance of this Agreement except for injuries and damages resulting from the sole negligence of the City. The City's inspection or acceptance of the Tractor— Drawn Tiller when completed will not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement The City shall (1) promptly notify Vendor of any claim for which indemnification may be sought; (2) cooperate fully in the defense of such claim, and (3) permit Vendor to settle or compromise such claim on terms and conditions which, in good faith, it determines are appropriate. 17. Insurance. Vendor shall procure and maintain for the duration of this Agreement, insurance of the types and in the amounts described below against claims for injury to persons or damage to property that may arise from or in connection with the performance of the work hereunder by Vendor, it's agents, representatives, employees, sub-consultants, or sub- February 3,2006 Page 7 contractors. Before beginning work on the project described in this Agreement,Vendor shall provide a Certificate of Insurance evidencing. Commercial general liability insurance written on an occurrence basis with limits no less than $1.000,000 00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to- Blanket contractual; products/completed operations/broad form property damage; explosion, and employer's liability THE INSURANCE MUST REFER TO THE PROJECT NAME, PROJECT LOCATION AND CONTAIN A BRIEF DESCRIPTION OF THE PROJECT. ANY PAYMENT OF DEDUCTIBLE OF SELF-INSURED RETENTION SHALL BE THE RESPONSIBILITY OF VENDOR. The City, it's officers, officials, agents, and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of Vendor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. Vendor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respects to the limits of the insured's liability Vendor's insurance shall be primary insurance as respects the City, and the City shall be given thirty calendar day's prior written notice by certified mail, return receipt requested, of any cancellation, suspension, or material change in coverage. The City also reserves it's unqualified right to require, at any time for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements of the insurance coverage. 18. Discrimination. In the hiring of employees for the performance of work under this Agreement or any sub- contract hereunder, Vendor, its sub-contractors, or any person acting on behalf of Vendor or its sub-contractor shall not, by reason of race, religion, color, sex, 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 February 3,2006 Page 8 Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work file the attached Compliance Statement > P 19. Severability. If any term, provision, condition, or other portion of this Agreement, or it's application to any person is held to be inoperative, invalid, or void, than the same shall not affect any other term, provision, condition, or any other portion of this Agreement or it's application to any person 20. Cumulation of Remedies. All remedies available to either parry for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 21. Non-Waiver of Breach. No term or provision hereof shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party, or waiver of, the breach of the other whether expressed or implied shall not constitute a continuing waiver of or consent to, nor excuse a different or subsequent breach. The failure of the City to enforce one portion of this Agreement shall not constitute a waiver, or excuse the breach, of another portion of this Agreement 22. Authority. Each party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. Each party further acknowledges that it has read this Agreement and understands and agrees to be bound by its terms. 23. Choice of Law. This Agreement shall be exclusively governed and controlled by the laws of the City of Kent and the State of Washington, including, but not limited to, the State's Uniform Commercial Code as contained in Chapter 62A 2 RCW. To the extent that this Agreement conflicts with the provisions of Chapter 62A.2 RCW, the terms of this Agreement shall control. Jurisdiction and venue for any action relating to this Agreement shall exclusively be in the Superior Court for King County, Washington. February 3,2006 Page 9 24. Termination. This Agreement may be terminated in whole or in part: a BY Y the City if Vendor fails to deliver a conforming Tractor—Drawn Tiller within thirty (30) days after the time for delivery specified in this Agreement or after thirty (30) days for a cure of any defect or non-conformity. The City shall notify Vendor of the termination, the reasons thereof, and the effective date. (b) By the mutual written agreement of the City and Vendor. The Agreement to terminate shall include the conditions of termination, the effective date, and in the case of termination in part, the portion to be terminated After the effective date of termination, no charges incurred under this Agreement, or terminated portions thereof, are allowable. 25. Liquidated Damages. Liquidated damages at a rate of$100 00 per calendar day shall be assessed against Vendor for the late performance of any condition or term set forth in this Agreement. Vendor's delay in the performance of any term of this Agreement shall be excused if the cause of such delay is beyond the control of, and without the fault or negligence of, Vendor, including severe weather, inability to obtain materials, strike, acts of god, acts of the public enemy, acts of a government entity, fires, floods, and earthquakes. 26. Notice to Proceed. Vendor shall commence all work immediately upon execution of the Agreement and shall provide a performance bond, a copy of an insurance policy(ies)lcertificate(s), a copy of the Equal Employment Opportunity Policy Declaration, and an additional insured endorsement. i 27. Sales Tax. The City shall be responsible for paying Washington State Sales Tax on the contract amount at a rate that is current when and where the unit is purchased Sales tax collected by Vendor will be subject to WAC 458-20-145, Special Rule No. 1. 28. Ownership and Title. Upon acceptance of the Tractor—Drawn Tiller and payment by the City pursuant to this Agreement, ownership and title of the Tractor—Drawn Tiller shall pass to the City. February 3,2006 Page 10 29. Modification. This Agreement may only be amended or modified by the mutual written agreement of the parties. All amendments or modifications shall be signed by both parties and be attached to this Agreement. 30. Standard of Performance. All work to be performed by Vendor shall be performed in a workman-like manner in accordance with generally accepted professional practices in effect at the time such work is performed. 31. Notices. Any notices to be delivered shall be directed to the attention of the following: CITY: City of Kent Fire Department: Attention, Chief Schneider Chief Weatherill Tom Amson City of Kent 220 Fourth Avenue South Kent, WA 98032 32. Entire Agreement. This Agreement constitutes the entire agreement between the City and Vendor. With the exception of properly executed written modifications, representations, either written or oral, that do not conform to the " modification" section of this Agreement, shall not be considered part of this Agreement. 33. Conflict of Terms. The terms of this Agreement, including the Attachments, shall be read together. Unless otherwise specified in this Agreement, in the event that any of the terms of the Agreement including the Attachments conflict with each other, the following shall be the order of precedence: The terms of this Document entitled"Agreement Between City of Kent and Pierce Manufacturing For the Purchase of Tractor—Drawn Tiller," shall take precedence over the terms of any other portion of this Agreement Attachment A entitled "Minimum Specifications for a Tractor—Drawn Tiller with a 100' Aerial," shall take precedence February 3,2006 Page I I over Attachments B, C, and D. Attachment B entitled "Drawings," shall take precedence over Attachment C entitled "Pierce Manufacturing Specifications for a Tractor-Drawn Tiller with a 100' Aerial," and Attachment D entitled "Pierce Manufacturing Build Sheet". IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below If the dates written below do not coincide, the latest written date shall act as the effective date of this Agreement. HUGHES FIRE QUIPMENT CITY OF KENT By: By: Print Name: an fla Print Name: 4ayor ett Cooke Title: Sales Representative Title Date. 2 IO&L Date: �- Ob PIERCE MANUFACTURING APPROVED AS TO FORM: By: By: Print Name: ch Print Name atrick Title: Vice President Title: Assistant City Attorney for National Sales the City of Kent Date: February 7, 2006 Date: (M wo- ATTEST: By: Brenda Jacober, City Clerk We agree to the terms of this contract including and excepting those items listed on the attached Addendum and Exceptions & Clarifications pages. February 3,2006 Page 12 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 contract 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 contract to adhere to An affirmative response is required on all of the following questions for this contract to be valid and binding If any contractor.subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it w ill 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 contract, 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 contract 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 contract 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 contract I,the prime contractor,will actively consider hiring and promotion of women and minorities 5 Before acceptance of this contract.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,1 agree to fulfill the five requirements referenced above. Dated this 7th February 2006. By For. Pierce Manufacturing, Inc. Title: Vice President National Sales Date February 7, 2006 CITY OF KENT ADMINISTRATIVE POLICY NUMBER 12 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 contracts with the City amounting to S 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 contract Contract Compliance Officers will be appointed by the Directors of Planning,Parks,and Public Works Departments to assume the following duties for thew respective departments 1. Ensuring that contractors, subcontractors,consultants, and suppliers subject to these regulations are familiar with the regulations and the City s equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract I,the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contract for the contract 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 contract. Dated this day of 12004 By For Title Date February 6, 2006 City of Kent 400 West Gowe Street, 4th Floor Kent, WA 98032 RE Proposal submitted 2/2/06 for one (1) Quantum 100' Heavy Duty Tiller Aerial Ladder Addendum to contract We agree to the terms of your contract with the following notations and exceptions attached. Pricing for the contract, per Ken Weatherill, will be as follows $ 896,964 00 Proposal price for one (1) Quantum 100' Tiller Aerial Ladder - 8,73000 Less chassis payment discount - 4,61500 Less aerial device payment discount - 11,255 00 Less payment upon completion at the factory discount - 15,368 00 Less 80% pre-payment upon contract execution discount* $ 856,972 00 Total Contract Amount *Discount based upon either the City of Kent paying cash or leasing the unit through Oshkosh Capital Payment of$717,552 00 to be made upon execution of contract with final remaining balance, including Washington sales tax and new vehicle tax to be paid upon completion of unit at the factory A Performance Bond will be provided Delivery is quoted at 245 to 275 calendar days (8 to 9 months) after execution of contract per the proposal submitted 2/2/06 With the penalty clause that we took exception to, remaining a part of the contract, 30 days must be added to the original delivery time quoted All reference to Hughes Fire Equipment, Inc will be removed from the contract documents The contract is between Pierce Manufacturing, Inc and the City of Kent, Washington Warranty verbiage to be changed from "$40/mile charge for warranty outside of City' to "covering warranty costs" per Pierce warranties Please see "Exceptions & Clarifications" attached n CITY OF KENT, WASHINGTON TRACTOR— DRAWN TILLER WITH 100' AERIAL EXCEPTIONS & CLARIFICATIONS TO THE SPECIFICATIONS AGREEMENT: 1. Page 3, Item 8 Inspection: Provisions have been included for three (3) inspection trips to the factory for four (4) City representatives Scheduling of trips will be coordinated with City representatives 2. Page 5, Item 11 Warranty: Warranty for components replaced during the one (1) year warranty period will carry the remaining portion of the unexpired warranty of the original component or ninety (90) days, whichever period is longer 3. Page 8, Item 16 Insurance: Exception is taken to "and the City shall be given thirty calendar day's prior written notice by certified mad, return receipt requested, of any cancellation, suspension, or material change in coverage Exception is also taken to The City also reserves it's unqualified right to require, at any time for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements of the insurance coverage Please note The cancellation section of the insurance certificate will reflect that should any of the described policies be cancelled before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the Certificate Holder, but failure to do so will impose no obligation or liability of any kind upon the insurer, its agents or representatives 4. Page 10, Item 25: Exception is taken to the liquidated damages of$100 00 per day due to circumstances beyond our control such as ability to obtain necessary materials, severe impendent weather, strike, etc If exception is not acceptable, 30 days will need to be added to the delivery time quoted SPECIFICATIONS: 5. Page 1, Item 3-Clarification: Every effort has been made to submit the proposal in the same sequence as the specifications, however it is virtually impossible to match it exactly, as additional information is provided within the proposal than requested in the specifications Please refer to the provided table of contents and the "Exceptions & Clarifications" for assistance in ease of checking compliance 6. Page 2, Item 13: Exception is taken to the liquidated damages of$100 00 per day due to circumstances beyond our control such as ability to obtain necessary materials, severe impendent weather, strike, etc 7. Page 10, Failure To Meet Tests #2: Exception is taken to the $100 00 per day liquidated damages 8. Page 13, GVW Rating: 2 Rear Tractor Axle will be 22,000 lbs. 3 Rear Tractor Axle will be 22,000 Ibs //1/4 4 Gross Vehicle weight will be 89,600 Ibs. /Jy ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID OATE(MMIODIYYYY) 90SHTRK 01 31 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION + ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hays Companies of WI HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1200 N. Mayfair Road Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Milwaukee WI 53226 Phone: 414-443-0000 Fax:414-259-8448 INSURERS AFFORDING COVERAGE NAIC III INSURED INSURER scottsdale insurance Company INSURERS Lexington Insurance Co. Pierce Manufacturing Inc. INSURER Travelers FtopCaa Co ofA erica 25674 P 0 BOX 2017 INSURER D' The Travelers Indn,Co of At. 25666 Appleton WI 54912-2017 INSURERS Traveler. Ind of Connecticut 25682 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 TH IS 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 PIRATIOW- LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DDIYY DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,OOO,O00 A X COMMERCIAL GENERAL LIABILITY RES0000974 04/01/05 04/01/06 Pu ZMISES(EaoNm1renca) $500,000 CLAIMS MADE X❑ OCCUR MED EXP(Any one peson) $ PERSONAL&ADV INJURY $1 000,000 GENERAL AGGREGATE $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 X POLICY PRO-ECT LOC J AUTOMOBILE LIABILITY C X ANYAUTO TTCAP118D2004TIL05 10/01/05 10/01/06 (Eased ent)ED SINGLE LIMIT $1 000 0 (Ea accldenq r r 00 E ALL OWNED AUTOS TECAP118D201605 (TIN) 10/01/05 10/01/06 BODILY INJURY SCHEOULEDAUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Peracadent) PROPERTY DAMAGE $ (Peracadent) GARAGE LIABILITY AUTOONLY EAACCIDENT S ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $25,000,000 B X OCCUR CLAIMS MADE 7108657 04/01/05 04/01/06 AGGREGATE $25 000,000 E DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVETRJUB117D757705 10/01/05 10/01/06 EL EACH ACCIDENT $ 1r r 000 000 D CFFICER/MEMBEREXCLUDED? TC2HUB117D756505 10/01/05 10/01/06 EL DISEASE-EA EMPLOYEES1,000,000 If yes descnde under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMB I$1,0001000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Subject to bid acceptance, the Certificate Holder will be included as an Additional Insured for General L.Lability as respects the bid for: One(1)Tractor Drawn Tiller with 1001 Aerial Bid opens 2/1/06 CERTIFICATE HOLDER CANCELLATION 9KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 Fourth rth Avenue 3 City Kent IMPOSE NO OBLIGATION OR 41ABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR I Kent WA 98032-5895 REPRESENTATIVES -AinAUTHORIZED REPRESENTATIVE Daniel J. Sa iro ACORD 25(2001/08) t 0 ACORD CORPORATION 1988 POLICYNUMBER: RBS0000974 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION THAT THE INSURED HAS AGREED AND/OR IS REQUIRED BY CONTRACT TO NAME AS AN ADDITIONAL INSURED (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you CRY4 CG 20 26 1185 Copyright,Insurance Services Office,Inc.,1984 ❑ PERFORMANCE AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06156 PAYMENT BOND Bond Number 104670519 KNOW ALL MEN BY THESE PRESENTS,THAT, Pierce Manufacturing Inc 2600 American Drive, PO Box 2017 Appleton, WI 54913-2017 (hereinafter called Principal),as Principal,and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Connecticut with its principal office in the City of Hartford, Connecticut, (hereinafter called Surety),as Surety, are held and firmly bound unto City of Kent 220 Fourth Avenue South Kent, WA 98032-5895 (hereinafter called the Owner), and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the just and full sum of Nine Hundred Thirty Four Thousand Nine Hundred Fifty Six Dollars and 46/100 _ Dollars ($934,956 46 ). to the payment of which sum,well and truly to be made, the said Principal and Surety bind themselves,and their respective heirs,administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract vnth the Owner,dated the 14th day of March , 2006 for One (1) Pierce Quantum Heavy Duty 100'Aerial Ladder Tiller which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall fully indemnify the Owner from and against any failure on his/her part faithfully to perform the obligations imposed upon him/her under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject, however,to the Owner's priority, then this obligation to be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER,that no action,suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instrfutea and process served upon the Suieiy within two years after completion of the work mentioned in said contract,whether such work be completed by the Principal, Surety or Owner; but if there is any maintenance period provided in the contract for which said surety is liable,an action for maintenance may be brought f wnthin two years from the expiration of the maintenance period, but not afterwards. . IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this r - 14th day of March 2006 Pierce anufa -By (SEAL) Witness Principal fn^ TRAVELERS CASUALTY D SURETY COMPANY OF AMERICA 1 Y ' By O�f'LC� (SEAL) Kim M DuFord Witness To i Schrnke Attorney-In-Fact Surety WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Gi STPAUL POWER OF ATTORNEY �i TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 213752 Certificate No 000105260 KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York that St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance underwriters,Inc is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the`Companies"),and that the Companies do hereby make,constitute and appoint Richard J DeVrtes,Toni S(h nke,Stacey L Ryan,Timothy R Nickels,and Kim M DuFord of the City of Appleton ,State of Wisconsin ,their true and lawful Attorney(s)-m-Fact, each in their separate capacity if more than one is named above to sign,execute,seal and acknowledge any and all bonds recognizances conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law k be '° 9 25th IN WITNESS WHEREOF,jie Companies have caused this instrumm t st a and ttvii cur'porate seals to be hereto affixed,this day of January 2006 Farmington Casualty Company 49 St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company O2 GI.S �J` Stl`lTY • ,F\RE 6;9 TPP>ONSG .p•,NSLy"+C eo 9hit \_\a�.1 rJa SEAL DiY\ Y+� 3',M_t7�1M•" State of Connecticut By City of Hartford ss 9/01ge W }ompson,Sen r Vic President - On this the 25th day of January 2006 ,before me personally appeared George W Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc,Seaboard Surety Company St Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company,St Paul Mercury Insurance Company,Trawlers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer p•TF) In Witness Whereof,I hereunto set my hand and official seal " TAIL )A W My Commission expires the 30th day of June,2006 I/B00 %* Name C Tetreault,Notary Public 56440-9-05 Printed in U S A WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters Inc, Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company St Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company which resolutions are now in full force and effect reading as follows RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds recognizanees,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary,and it is FURTHER RESOLVED that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and bmdmg upon the Company when(a)signed by the President,any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company g seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in big or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and it is FURTHER RESOLVED,that the signature of each of the following officers President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I,Ken M Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc Seaboard Surety Company, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked N �.>IN TESTIMONY WHEREOF,I have hereunto set my hand and StYixed the seals of said Companies this day of 14 aAZJ-\- 20 1. N Kon M JohansJcAssistant Secretary ?(,I�S�i�y snEry 040-` SEAL hsV..s- � • R To verify the authenticity of this Power of Attorney call 1-800-421-3880 or contact us at www stpaultravelersbond corn Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM/DD YYVY) 90SHTRK 03 27 06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hays Companies of WI HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1200 N. Mayfair Road Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Milwaukee WI 53226 Phone: 414-443-0000 Fax:414-259-8448 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA Scottsdale Insurance Company INSURERS Lexington Insurance Co. Pierce Manufacturing Inc. INSURER Travelers PropCas Co ofA rica 25674 P O BOX 2017 INSURER The Travelers Indm Co of Am 25666 Appleton WI 54912-2017 INSURER Travelers Ind of Connecticut 25682 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE 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,EXCLUSIONSAND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS EXPI LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/VY EFFECTIVE POLICY DATEMM DlYY TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIALGENERALLIABILITY i RBS0001157 04/01/06 04/01/07 PREMISES(Ea occurence) $ 500,000 CLAIMS MADE E OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 X POLICY J ECT PRO LOD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 C X ANY AUTO TJCAP118D2004TIL05 10/01/05 10/01/06 (Eaaccment) r E ALL OWNED AUTOS TECAP118D201605 (TX) 10/01/05 10/01/06 BODILY INJURY $ SCHEDULEDAUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $25,000,000 B X I OCCUR ElCLAIMSMADE 4585354 04/01/06 04/01/07 AGGREGATE $25,000,000 $ DEDUCTIBLE $ RETENTION $ $ Uli WORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOYERS'LIABI LITY TRJUB117D757705 10/01/05 10/01/06 EL EACH ACCIDENT $ 1 000 000 ANY PROPRIETORlPARTNER/EXECUTIVE -- OFFICER/MEMBEREXCLUDEO? TC2HUB117D756505 10/01/05 1O/01/06IEL DISEASE-EAEMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Subject to bid acceptance, the Certificate Holder will be included as a Additional Insured for General Liability as respects the bid for Ark 3 1QU6 One(1)Tractor Drawn Tiller with 100' Aerial Bid opens 2/l/06 KEW LEGAL DEPT. CERTIFICATE HOLDER CANCELLATION 9KENT SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CitNOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 of Kent IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 20 Fourth Avenue S I Kent WA 98032-5895 REPRESENTATIVES AUTHORIZED REPRESENTATIVE Daniel J Sa iro ACORD 25(2001108) ©ACORD CORPORATION 1988 FIRE ADMINISTRATION Jim Schneider Fire Chief/Director of Emergency Management 24611 1161"Ave SE Kent, WA 98030 KENT Fax 253-856-6300 WASHINGTON PHONE: 253-856-4300 November 17, 2006 Daniel B Hays Pierce Manufacturing, Inc. 12602 147`I' Street SE Puyallup, WA 98374-2739 Re: Agreement for Purchase of Pierce Quantam 100' Tiller Ladder Unit Dear Mr Hays: This letter is to acknowledge receipt of your September 29, 2006. letter requesting a 30-day extension of the December 24, 2006. delivery date of the tiller ladder unit the city ordered in March 2006. Under the terms of the March 24 2006, agreement. Pierce agreed to deliver the tiller ladder unit to the city within 275 calendar days The city will agree to extend the tiller ladder unit's delivery date by thirty (30) days to January 23, 2007. However, all other terms of the March 24, 2006, agreement, specifically the tiller ladder unit's purchase price, shall remain unchanged If the terms of this extension are acceptable, please sign below and fax a copy to Division Fire Chief Pat Pawlak at(253) 856-6300. Sincerely, AGREED & ACCEPTED: U-I c—'�4IIIII&O -- Jim Schneider Fire Chief Dan Hays, an authoriz representative of Pierce Manufacturing 3 CC. Pat Pawlak, Division Fire Chief °�' Arthur `Pat"Fitzpatrick, Deputy City Attorney u 3 3 3 0 MAYOR SUZETTE COOKE City of Kent Fire Department- Internationally Accredited Fire Agency Jim Schneider, Fire Chief/Director of Emergency Management