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HomeMy WebLinkAboutPW08-063 - Original - D.W. Close - Horseshoe Acres Pump Station Electrical Installation - 08/14/2007 Je cc o r d s M 0 Aloe KENO Document WASMINOTON I 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: Gy This is assigned by Mary Simmons Vendor Number: ter► �� �Project Name: Contract Effective Date: Contract Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Abstract: ADCL7832 07/02 i KEN T j W A S H I N G T O N PUBLIC WORKS AGREEMENT between City of Kent and D. W. Close s THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and D. W. Close organized under the laws of the State of Washington, located and doing business at 4304 South 131"Place, Seattle, WA 98168 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. i Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Furnish and install the following at the Horseshoe Acres Storm Pump Station: 1. a sub panel below the existing electrical panel, C-H panel board 2. a new 40 amp breaker in existing panel 3. move circuits to the bottom panel to accommodate two-pole breaker 4. 1/2"ridged conduit from new panel to the pump location 5. move the motor starters to the right side of the pumps 2 each 6. wire in the pumps 7. two motor rated switches for each pump 8. mount a JBox between motor starters for control 9. 3/4"conduit with 10 #14 wires for control[Insert detailed description'of services contractor is providing. Be as detailed as possible. You may attach an exhibit so long as the exhibit is clearly referenced and identified by title and date]. 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 September 30, 2067 III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed One thousand nine hundred forty-eight and no/100 ($1,948). Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for!the work contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work PUBLIC WORKS AGREEMENT- 1 (Roadway/Pedestrian Path- Under$IOK and Performance Bond) f described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until 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 and Industries and until settlement of any liens filed under Chapter 60.28 RCW,whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor 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. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a),unless otherwise instructed by the Contractor. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective ©r 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 t le cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. i D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT 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. PUBLIC WORKS AGREEMENT-2 (Roadway/Pedestrian Path- Under$1OK and Performance Bond) D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations. i 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. I 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 rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. i VII. CHANGES. The City may issue a written change order for an'y 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. i 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. j I PUBLIC WORKS AGREEMENT-3 (Roadway/Pedestrian Path- Under$10K and Performance Bond) At a minimum, a Contractors 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 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 th'�is section are followed. If the City determines that a claim is valid, the City will adjust payI ent 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. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one- year warranty bond in a form and amount acceptable to the City. The Contractor 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 PUBLIC WORKS AGREEMENT-4 (Roadway/Pedestrian Path- Under$1OK and Performance Bond) i the'event any parts are repaired or replaced, 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. 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. i 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. XII. 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, 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. i The provisions of this section shall survive the expiration or termination',of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain foci the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and in, by this reference. XIV. 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 forithat 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. XV. MISCELLANEOUS PROVISIONS. PUBLIC WORKS AGREEMENT-5 (Roadway/Pedestrian Path- Under$1OK and Performance Bond) 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. i 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. 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. i 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. i 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. Ali PUBLIC WORKS AGREEMENT-6 (Roadway/Pedestrian Path- Under$1OK and Performance Bond) 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: y�B . st re) (signature) Print Name: Jeff a s i n o Print Name: Donald C. Millett Its: General Manager Its: Public Works Operations Manager (Title) (Title) DATE: Aycjj j',-r ly T9 . 2M:l DATE: Q�t �'Or i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: D. W. Close Mr. Tom Iverson 4304 South 131"Place Public Works Operations Seattle, WA 98168 City of Kent 220 Fourth Avenue South Attention; Mr. Don Lapotta Kent,WA 98032 (206) 242-0058 (telephone) (253) 856-5600 (telephone) (206)242-2299 (facsimile) (253) 856-6600 (facsimile) i P•Operations\PWOpsContyracts\Uhlities\D WC1oseElectncal WorkHorseshoeAcres8-07 i II i i i ,I PUBLIC WORKS AGREEMENT-7 (Roadway/Pedestrian Path- Under$1OK and Performance Bond) Ali 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. I 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 1, 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 14•-n4 day of V(-i V5T , 200;1. i By: i For: Jeff Casino Title: General Manager Date: AV(JVST ILITN, Zo07 i EEO COMPLIANCE DOCUMENTS- 1 l CITY OF KENT ADMINISTRATIVE POLICY i NUMBER: 1.2 EFFECTIVE DATE:i January 1, 1998 i 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. I 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 jand guidelines. i I i i i EEO COMPLIANCE DOCUMENTS-2 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. i Dated this day of , 200_ i By. For: Title: Date: I i I i EEO COMPLIANCE DOCUMENTS-3 i EXHIBIT A INSURANCE REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS Insurance i 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 Liability 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. i P•Operations\PWOpsContracts\Utihties\D WClose\ExhibitAlnsuranceRegDWCloseElec WorkHorseshoeAcmW EXHIBIT A (Continued ) i 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 i Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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\Utilities\DWClose\ExhibitAInsuranceRegDWCloseEleeWorkHorseshoeAcres07 I ACORD CERTIFICATE OF LIABILITY INSURANCE DWCLO GM I-11 DATE 14 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hub International Northwest HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. 0. Box 3018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bothell WA 98041-3018 Phone: 425-489-4500 Fax:425-489-4501 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER Travelers Indemnity Co. INSURER B: D.W. Close Company, Inc. INSURER 4304 S 131st Place INSURER D j Seattle WA 98168 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. POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDO DATE MIWD LIMITS GENERAL LIABILITY i EACH OCCURRENCE $1 OOO 000 A X COMMERCIAL GENERAL LIABILITY DTCO-526DS245-IND-06 08/16/06 08/16/07 iPREMISES(Ea occurence) s300,000 CLAIMS MADE FX�OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 X WA Stop Gap GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY X JECT LOC Emip Ben. $1M/$2M AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ $1 000 000 A X ANY AUTO DT810-526D8245-IND-0608/16/06 08/16/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $$5K PD DED (Per accident) GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PTORIPARTNER/EXECUTIVE MONOPOLISTIC STATE E,L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? SEE GL — WA STOP GAP E L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L DISEASE•POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS IT IS AGREED THAT THE CITY OF KENT IS INCLUDED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT PER ATTACHED ENDORSEMENT. RE: HORSESHOE ACRES STORM PUMP STATION. CERTIFICATE HOLDER CANCELLATION CI KENT 1 SHOULD ANY 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 Y4 TH OF KENT AVENUE SOUTH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR KENT WA 98032 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE James William Doyle ACORD 25(2001108) ®ACORD CORPORATION 1988 I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY I BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL UABIL17Y-CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED- (Section 11) is amended c) This insurance doss not apply to "bodily in- to include any person or organization you are re- jury" or "property damage" caused by "your quired to include as an additional Insured on this work" included in the "products-completed policy by a written contract or written agreement operations hazard"unless you are required to in effect during this policy period and signed and provide such coverage for the additional in- executed by you prior to the loss for which cover- sured by a written icontract or written agree- age is sought The person or organization does meat in affect during this policy period and not qualify as an additional insured with respect to signed and executed by you prior to the loss the independent acts or omissions of such person for which coverage is sought and then only or organization. The person or organization is for the period of time required by such con- only an additional insured with respect to liability tract or agreement, and in no event beyond caused by"your work"for that additional insured. the expiration date of the policy. 2. The insurance provided to the additional insured 3. Subpart (1)(a) of the ,Pollution exclusion under is limited as follows: Paragraph 2., Exclusions of Bodily Injury and a) In the event that the limits of liability stated in Property Damage Liability Coverage (Section I - the policy exceed the limits of liability required Coverages) does not apply to you If the "bodily by a written contract or written agreement in injury" or "property damage+' arises out of "your effect during this policy period and signed and work"Performed on premises which are owned or executed by you prior to the loss for which rented by the additional insured at the time "your coverage is sought, the insurance provided work"is performed. by this endorsement shall be limited to the 4. Any coverage provided,)by this endorsement to an limits of liability required by such contract or additional insured shall be excess over any other agreement. This endorsement shall not in- valid and collectible insurance available to the crease the limits stated in Section IiI -LIMITS additional insured whether primary, excess, con- OF INSURANCE. tingent or on any other basis unless a written b) The insurance provided to the additional in- contract or written agreement in effect during this sured does not apply to"bodily injury", "prop- policy period and signed and executed by you erty damage","personal injury"or"advertising prior to the loss for which coverage is sought injury" arising out of an architect's, engineer's specifically requires that this insurance apply on a or surveyor's rendering of or failure to render primary or non-contributory basis. When this in- any professional services including: surance is primary and there is other insurance available to the additional insured from any !. The preparing, approving or failing !o source, we will share with that other insurance by prepare or approve maps, shop drawings, the method described in the policy. opinions, reports, surveys, field orders, change orders, or drawings and specify- S. a condition of coverage, each additional cations; and insured must: It. Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur- formed as part of any related architectural rence" or offense which may result in a claim or engineering activities. and prompt written notice of"suit". I CG D2 46 10 02 Copyright,The Travelers Indemnity Company, 2002 Page 1 of 2 i COMMERCIAL GENERAL LIABILITY b.) Immediately forward all legal papers to us, requirement,the term"Insures against" refers cooperate In the Investigation or settlement of to any self-insurance and to any insurer which the claim or defense against the "su(t," and issued a policy of insurance that may provide otherwise comply with policy conditions. coverage for the loss, regardless of whether c.) Tender the defense and Indemnity of any the additional insured has actually requested claim or"suit"to any other Insurer which also that the insurer provide the additional insured insures against a loss we cover under this with a defense and/or indemnity under that endorsement.This includes, but is not limited policy of insurance: to, any insurer which has issued a policy of d.) Agree to make available any other insurance insurance in which the additional Insured that the additional'insured has for a loss we qualifies as an insured. For purposes of this cover under this endorsement- Page2 of 2 Copyright,The Travelers Indemnity Company, 200,12 CG 02 46 10 02 � I i Prevailing Wage Section Department of Labor& a Statement of Intent to Pay Industries Prevailing Wage Po Box 44540 Olympia,WA 98504-4540 (360)902-5335 Received: Intent Id: Status: 08/24/2007 162653 Approved on 08/24/2007 COMPANY Company D W CLOSE CO INC Information: DWCLOC121805 600 326 448 4304 S 131 ST PL SEATTLE, WA 98168 (206)242-0058 Payment Type: Electronic Company Electronic Signature: PROJECT Public Agency: KENT, CITY OF 220 -4TH AVE S KENT, WA 98032-5895 County: KING Multiple Counties?No City: Kent Project Name: Horseshoe Acres Pump Station Contract Number: D1092 Bid Due Date: 07/03/2007 Award Date: 08/06/2007 Prime Contractor: D W CLOSE CO INC DWCLOC121805 (206)242-0058 Does Your Company Intend To Hire No Subcontractors To Perform All Work? Does Your Company Intend No To Hire Any Subcontractors? Apprentices? No $Amount: $2,123.00 Time and Materials No Number of Owners 0 Filed by: Jeanne Fox EMPLOYEES' WAGES Journey Level Trades/Occupations County Trade Occupation Wage Fringe # Workers KING ELECTRICIANS- JOURNEY LEVEL $,48.75 $0.00 1 INSIDE li 4Gu�►s� DW Close Company, Inc. 4304 S 131 st PI. Seattle, WA 98168 Phone(206)242-0058 1 Fax(206)242-2299 Letter of Transmittal To: City of Kent Date: 8/27/2007 5821 South 240th Street Project No.: D1092 Transmittal M 001 Kent,WA 98032-5896 Attention: Re: Horseshoe Acres Storm Pump Station We are sending you the following VIA: r- Fax P Mail r- ups r Courier r- Other r Shop Drawings r Prints r Specifications r Change Order r Submittals r Request for Quotation r Test Reports rV— Other Copies Date Description 1 Correspondence Letter 2 Addendum One 1 Fully Executed Contract 1 C.O.I. 1 Intent to Pay Prevailing Wages These are transmitted as checked below: r- For Approval r Approved as Submitted r Resubmit for Approval 17 For Your Use r Approved as Noted r Subm it',for Distribution r As Requested r Returned for Corrections r Return Corrected Prints r For Review and Comment r For Bids Due r Prints returned After Loan to Us i Remarks: Please return an executed Addendum One and a Signed transmittal for our files. w, U: Transmitted By: Tara Casino Received By: (Print e) (Print Name) Signed: (/ Signed: i Date: 8�Z7107 Date: 0-0 t �tt, waWAdmem August 27"', 2007 To Whom it May Concern City of Kent 220 4�"Ave South Kent,WA 98032 Subject: Horseshoe Acres Storm Pump Station Master Contract Revision Addendum One DWC-D1092-001 To Whom It May Concern: We are submitting to you for execution the revision to the Master Contract Agreement that i8 specifically for this project only and identified as Addendum One. Please sign both copies of Addendum One and return to DW Close by dose of business on September 3rd,2007. We would like to thank you in advance for your immediate attention to this matter. Should you have any questions, or concerns please contact us at your convenience. Respectfully, DW Close Company 17 M Tara in Contract Administrator I i i ELECTRICAL DES16N,CONSTRdC U AND SERVICE 4304 South 131n Pboe - Sea*WA 96166 -Main Pitons(106j 141-M • Fat( 14I-2299 wwwAwdose W•24 41OUR SERVICE Horseshoe Acres Storm Pump Station 11 D1092 Addendum Number One Revision to Master Contract Agreement THIS AGREEMENT is made this 27th day of August 2007 by and between DW Close Company, Inc. (the "Contractor"), located at 4304 S 131t Place Seattle, WA 98168, and City of Kent (the "City"), located at 220 4th Ave South Kent, WA 98032, to perform'work on the following project: Horseshoe Acres Storm Pump Station. The following amounts will be added to the contract price per discussions between Don Lopata and Tom Inversion: 1. $50.00 for Intent to Pay Prevailing Wage and Affidavit fee. 2. $125.00 for a permit. The original contract amount was One thousand nine hundred and forty-eight and no/100 ($1,948.00). With the added amount the final contract price will be Two thousand one hundred and twenty-three and no/100($;123.00). Contractor: By: Print Name/Job Title: Je Casino/General Manager Date: 12007 City of-Kent: By: Print Name/Job Title:8 2 LL Date: 3 • ��'