HomeMy WebLinkAboutPW08-014 - Original - Accu-Comm, Inc. - Telemetry Conversion at Pump Station 3 - 06/20/2007 ecords M eme
KENO Document
W A O M 1 N O T O N
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:
Contract Number: pw g' q
This is assigned by Mary Simmons
Vendor Number:
Project Name: 3
Contract Effective Date:
Contract Termination Date: _ 17—J/'
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: lti
Jirx�6i
Department:
Abstract:
ADCL7832 07/02
T I
KEN TT
W A S H I N O T O N
PUBLIC WORKS AGREEMENT
between City of Kent and
Accu-Comm, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Accu-Comm, Inc. organized under the laws of the State of Washington, located and
doing business at 17428 State Route 9 PMB #122, Snohomish, WA 98296, Phone: (800) 404-9334/Fax: (360)
668-6761, Contact: Dave Bingaman (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Contractor shall convert the Pump Station 3 site telemetry system from VHF to UHF. For a
detailed description of the complete scope of work, refer to Exhibit A" which is attached and
incorporated into this agreement by this reference.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement,
Contractor shall complete the work described in Section I by July 31, 2007.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Two
thousand three hundred sixty-eight and 27/100 ($2,368.27),plus any applicable Washington State Sales Tax, for
the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent(50%) of
the Contract amount upon completion and acceptance of the work by the City, and the remainder upon
fulfillment of the conditions listed below and throughout this Agreement.
A. No Performance Bond. Because this contract, including applicable sales tax, is less than
$25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a
performance bond, has elected to have the owner retain the final fifty percent (50%) of the
Contract amount for a period of sixty(60) days after the date of final acceptance, or until receipt
of all necessary releases from the State Department of Revenue and the State Department of
Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever
is later.
PUBLIC WORKS AGREEMENT- 1
(Under$1OK and No Performance Bond)
B. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this
Agreement; and extra work and materials furnished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, and Contractor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above. The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER
OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT
IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall
include,without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement
If the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed. After termination, the City may take
possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work.
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage
PUBLIC WORKS AGREEMENT-2
(Under$1OK and No Performance Bond)
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is
necessary, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor 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 Contractor'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 Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor 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 Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims,below.
The Contractor 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 Contractor
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.
VIII. CLAIMS. If the Contractor 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 Contractor may file a claim as provided in this section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
At a minimum, a Contractor'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 Contractor'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
PUBLIC WORKS AGREEMENT-3
(Under$1OK and No Performance Bond)
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor 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
Contractor'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. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
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 Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD. '
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor 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.
Contractor 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. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
PUBLIC WORKS AGREEMENT-4
(Under$1OK and No Performance Bond)
agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIII. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
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
XII of this Agreement.
PUBLIC WORKS AGREEMENT-5
(Under$1OK and No Performance Bond)
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 terms
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 Contractor.
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.
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 Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Contractor'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.
CONTRACTOR: CITY OF KENT:
By: By:
tgnature) (signat e)
Print Name: AW a,fwreeA Print Name: Donald Mi lett
Its Its: Public Works Operations Manager
(Title) Tijle
DATE: /3 f�7 DATE: �y c -
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Dave Bingaman, General Manager Mr. Bob Tollefson,
Accu-Comm, Inc. Public Works Operations
17428 State Route 9 PUB #122 City of Kent
Snohomish, WA 98296 220 Fourth Avenue South
Kent, WA 98032
(800) 404-9334 (telephone)
(360) 668-6761 (facsimile) (253) 856-5600(telephone)
(253) 856-6600 (facsimile)
Accu-CommContracttoConvertPumpStatton3TelemetrySystemVHFto UHF6/07
PUBLIC WORKS AGREEMENT-6
(Under$1OK and No Performance Bond)
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
fifive requirements referenced above.
Dated this day of , 200?'
By:
For: G'L'af— �•o�T -�—,�G'
Title: (—
Date: ,J u e.P / 3, -AG?-�7
EEO COMPLIANCE DOCUMENTS- 1
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.
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.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project b y the Contractor awarded the
P J Y
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
Exhibit A—Scope of Work
May 30 2007
Robert Tollefson
City of Kent
220 4th Ave S
Kent, WA 98032
RE: Pump Station 3 Telemetry Conversion
Dear Bob,
In response to your request, this is our quote to convert the VHF telemetry system at Pump Station 3 to
the UHF system. As you related to us, the VHF system must remain in operation throughout the
conversion process and likely for a few weeks after. This can be accommodated given the method in
which the VHF system is installed. We may have to do a second penetration through the cinder block
wall if the existing VHF coax penetration is not large enough to accommodate an additional coax. We
will mount the VHF antenna mast to a new mast through use of a pipe-to-pipe clamp set. Since these
clamp sets are relatively expensive, listing around $120, we will loan a set to the city for a few weeks
use until the VHF system is no longer needed. We will retrieve the clamps'set at a later date.
In field discussions, you indicated mounting a separate box for the radio and PLC which will also
facilitate the continuing operation of the VHF system. This should be a fairly straight forward
installation with minimal challenge.
The attached quotation for$2,368.27 for completion of the conversion, excluding applicable sales tax,
provides the details. Please notify me of any questions or concerns.
Best Regards,
Dave Bingaman
General Manager
P•Operations\P WOpsContracts\Water\Accu-Comm\ExhibitAScopeofW orkPumpStation3 TelemetryConversion6-07
Inc.
Exhibit A
Scope of Work
r�,�cE-.ss civtiswunycArrcws ss�c�usrs
17428 State Route 9,PMB#122,Snohomish,WA 98296 800-404-9334 360-668-6760 FAX 360-668-6761
Quote for: CITY OF KENT PW - Pump Station 3 Date: 5/30/2007
Contact: BOB TOLLEFSON Quote# 053007-1
Address: By: Dave Bingaman
220 4th Ave S, KENT, WA 98032 PO#
Phone: 253 856-5612
PUMP STATION 3 TELEMETRY CONVERSION
RF EQUIPMENT - 450 MHZ
ii Qty Per Item Total/Item
242-4048-510 DATARADIO INTEGRA-TR 12.5 KHz RF MODEM 1 $ 1,175.00 $ 1,175.00
697-5000-106 DATARADIO 48"SMA RA TO N MALE RF PIGTAIL 1 $ 61.00 $ 61.00
250-5800-408 DATARADIO DINRAIL MOUNTING KIT 1 $ 17.00 $ 17.00
YA3-450WN LARSEN 9 DB GAIN YAGI ANTENNA 1 $124.20 $ 124.20
IS-B50LN-C2 POLYPHASER LIGHTNING ARRESTOR 1 $ 68.25 $ 68.25
LMR400-2NM COAXIAL TRANSMISSION CABLE & N-MALE 1 $ 55.56 $ 55.56
CONNECTORS
PIPE MAST& MISC HARDWARE &SEALS 1 $ 42.26 $ 42.26
Clow,
Labor- Installation 1 $ 610.00 $ 610.00
Travel 1 $ 170.00 $ 170.00
Programming 1 $ 15.00 $ 15.00
Shipping ESTIMATE-As charged by manufacturer 1 $ 30.00 $ 30.00
Subtotal 2,368.27
TAX $ 210.78
Note: This total may or may not include some totals for options. r' ! 2A*M-M
DOES NOT INCLUDE PERMIT COSTS OR FEES
This quote is valid for 30 days.All applicable taxes are included. If for resale,a resale certificate must be on file at our
office.
P:Operations\PW OpsContracts\W ater\Accu-Comm\S@algeofW orkPumpStation3TelemetryConversion
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
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. Automobile Liabilitv insurance covering all owned,non-owned,hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. 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.
3. 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:
1. Automobile Liabilitv insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate
and a$2,000,000 products-completed operations aggregate limit.
P•Operations\PWOpsContracts\Water\ExhibitBInsRegAccu-CommTelemetryConversionPumpStahon3 6-07
r
EXHIBIT B (Continued )
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:
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
A:VII.
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.
P:Operations\PWOpsContracts\Water\ExhibitBInsRegAccu-CommTelemetryConversionPumpStation3 6-07
PUBLIC WORKS OPERATIONS
Donald C. Millett
Operations Manager
220 4th Avenue South
Kent, WA 98032-5838
KENT Fax: 253-856-6600
W A S H I N O T O N
PHONE: 253-856-5600
June 20, 2007
Mr. Dave Bingaman
Accu-Comm, Inc.
17428 State Route 9 RMB#122
Snohomish,WA 98296
Dear Mr. Bingaman:
We have received the signed originals of the contract for telemetry system conversion
at the Pump Station 3 site. The contracts have been signed by our Public Works
Operations manager, and we are ready to have you proceed with the;work.
Enclosed is one fully signed original for your records. As always,if you have any
questions, feel free to call me at 253-856-5600.
Sincerely,
rWX7,Z,Bob Tollefso
Water SCADA Technician
RT:rcb
Enclosure: 2007 Public Works Agreement between the City of Kent and
Accu-Comm,Inc. for Telemetry Conversion at Pump Station 3
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P:PWOpsContractVoverLetterSignedAgreementAccu-CommContractTelemetryConversior pip#MiiP7iblic Works Department
Larry R. Blanchard, Public Works Director