HomeMy WebLinkAboutPW08-045 - Original - Columbia Basin Water Works - Large Distribution Water Meter Testing - 04/14/2008 Records Mana ement
KENT Document
WASHINOTON
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.
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Vendor Name: 64 Z41K;iIi Gl�is�l%iVhZorNurinber:
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Contract Number. Po o g"oc(s—
This is assigned by Deputy City Clerk
Description:
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Detail:
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Project Name:
Contract Effective Date: ��7� Termination Dote:
Contract Renewal Notice Da s):
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Number of days required notice for termination or renewalor arne6dment
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Contract Manager: &6 X�epartment lrL�
Abstract:
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(PUBLIC WORKS OPERATIONS
Donald C. Millett
Operations Manager
220 4th Avenue South
KEN Kent, WA 98032-5838
WASHINGTON Fax: 253-356-6600
April 15, 2008 PHONE: 253-856-5600
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Mr. Joseph E. Tyson
Columbia Basin Water Works, Inc.
405 Church Street
Gaston, Oregon 97119 j
Dear Mr. Tyson:
We have received the signed originals of the contract between Columbia Basin Water
Works, Inc. and the City of Kent for the 2008 testing of large distribution water meters.
We have also received your required proof of insurance. The contract has been signed by
our Public Works Operations manager, and we are ready to have you proceed with the
work.
Enclosed is a copy of the fully signed contract for your records. In the meantime,
if you have any questions, feel free to call me at 253-856-5600.
Sincerely,
I
Elbert English
Water Distribution Maintenance Lead
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Enclosure: 2008 Public Works Agreement between the
City of Kent and Columbia Basin Water Works, Inc.l
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MAYOR SUZETTE COOKE to P•PWOpsContract\CoverLetterSignedConlractColumbiaBasinWaterWorks2008Contractirl�uu'�ic Works Department
Larry R. Blanchard, Public Works Director
KENT
W A S H I N O T O N
PUBLIC WORKS AGREEMEN�
between City of Kent and
Columbia Basin Water Works
THIS AGREEMENT is made by and between the City of Ken , a Washington municipal
corporation (hereinafter the "City"), and Columbia Basin Water Works organized under the laws
of the State of Oregon, located and doing business at 405 Church Street, Gaston, Oregon
97119; phone 503-985-1231 (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:
Test large distribution water meters (3 inch and larger).
Testing shall be conducted in accordance with AWWA standard$ (plus or minus 3%
accuracy) by a certified tester. In the event the meter does not meet AWWA
standards, it will be calibrated or repaired by a certified independent tester.
The City reserves the right to replace the meter in lieu of calibration or repair.
Meters to be tested are listed in Exhibit A (attached and incorpc rated by reference).
The testing is scheduled to take place April 21 through May 2, 2008. Exhibit A (part
2) presents Columbia Basin's proposal for the meter testing and is attached and
incorporated by 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 within sixty
(60) days from the effective date of this Agreement.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
ten thousand dollars ($10,000) based on an hourly rate of fifty dollars ($50.00) per hour, plus
the cost of parts and a fuel surcharge of not to exceed $150 per ,week, plus any applicable
Washington State Sales Tax, for the work and services contemplated in this Agreement. The
PUBLIC WORKS AGREEMENT - 1
(Under$10K and No Performance Bond)
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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, vyhichever is later.
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 RETAINAGL) 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.
PUBLIC WORKS AGREEMENT - 2 j
(Under$10K and No Performance Bond)
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F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Cont actor shall not receive any
further money due under this Agreement until the Contract w rk is completed. After
termination, the City may take possession of all records and da a within the Contractor's
possession pertaining to this project which may be used by the City wi hout 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 raite 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 ishould 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 performa 'I ce, 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.
PUBLIC WORKS AGREEMENT - 3
(Under$1OK and No Performance Bond)
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 1
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
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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, instructi Ions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failin, g 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 t6 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 the event any parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will snot be acceptable. When
PUBLIC WORKS AGREEMENT - 4
(Under$10K and No Performance Bond)
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 tihe 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.
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, ex ept 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 TMAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. 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.
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 utilise 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.
PUBLIC WORKS AGREEMENT - 5
(Under$1OK and No Performance Bond)
XV. 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 K'ng 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 'i(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 'lother 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 fuill 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 aluthorized 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.
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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
PUBLIC WORKS AGREEMENT - 6
(Under$10K and No Performance Bond)
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: (i
(signatu e) (s na re)
Print Name: -)oscpk F, f- s- -- Print Name: Donald C. Willett
Its o w v K V— Its: Public Works Operations Manager
(Title)
DATE: ''I S-o g (Title
DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Joseph Tyson Elbert English, Water Distribution Lead
Columbia Basis Water Works, Inc. City of Kent
405 Church Street 220 Fourth Avenue South
Gaston, Oregon 97119 Kent, WA 98032
(503) 985-1231 (telephone) (253) 856-5600 (telephone)
(503) 985-1249 (facsimile) (253) 856-6600 (facsimile)
P Operatons\PWOpsContracts\Water\ColumbiaBasinWaterWorks2007ContractToTestLargeMeters
PUBLIC WORKS AGREEMENT - 7
(Under$1OK and No Performance Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
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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 t e Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy nunhber 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 Ilactively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this _ day of AQ C% , 200 S.
By: .��s t,o
For: �-F—
Title: ae- L JV .-.'r
Date:
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 .dim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliersiof 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:
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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 lawsy policies and guidelines.
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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.
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I, the undersigned, a duly represented agent of Co ��w.6, VJor(c-s T"' .
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as A�,�1Y1. Tt h,T that was a tered into on the^
(date) , between the firm I represent and the City of Kent.
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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 s day of apf k 1 , 200 .
By:
For:
Title: tcAc�-�
Date: S�
EEO COMPLIANCE DOCUMENTS - 3
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Exhibit A(part 2)
Columbia Basin Water Worms Inc .
METER FIELD TESTING SERVICE
Test/ Repair/ Recalibrate Contract
Service Provided
(a) Test each meter to determine accuracy and general conditions If meter test conforms to
accuracy standards of AWWA for repaired meters,no further work shall be performed and only the test
charge shall be made. However,condition of the meter will not be warranted since no inspection has
been made of the working parts.
(b) If initial meter test does not conform to accuracy standards for repaired meters, the meter
shall be repaired and recalibrated, and a total charge will be made.
Terms and Conditions
A) Scheduling
Columbia Basin Water Works,Inc.personnel will assist in scheduling all maintenance
dates to the satisfaction of all involved.
B) Assistance
At least one employee of the water utility or owner shall be signed to assist the
Columbia Basin Water Works,Inc. service technician. Employees of the water utility or
owner shall be responsible for operating all valves. Our service technician will not
operate valves which turn off water services, divert water through bypass lines or are
installed for any other purpose.
C) Insurance
All of our service technicians are covered under Comprehensive General Liability
Insurance policies.
D) Warran
All water meters repaired under the terms of this program ate warranted to be free from
defects in material and workmanship for a period of one year from the date of the
certified test report.
No warranty is provided for meters which are tested only.
E) Charges
All charges,parts prices, hourly rate and parts discounts are subject to change.
Notification will be made in writing of any applicable changes which affect this program.
i
EXHIBIT B
INSURANCE & INDEMNITY REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
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 ari ing out of bodily
injury to persons or damages to property caused by or resultin from the
concurrent negligence of the Contractor and the City, its officer$, officials,
employees, 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. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
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 Liability 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'ipolicy 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 liabi�ity 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 tie 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 �0 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
i
P:Operations\PWOpsContracts\Water\ExhibitBlnsuranceRequvementsColumbiaBasmWaterWorksLargeMeterMaint-08 Page 1
Exhibit B (continued)
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability 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.
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 (�O) 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 alJ 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 or 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. j
P: erations\PW sContracts\Water\ExhibitBhisuranceRe uiremen sColumbiaB inW W Op Op q t as ater orksl.argeMeterMamt-08 Page 2
4/7/2008 9:29 AM FROM. Fax TO: 503-985-1249 PAGE: 002 OF 013
DATE(MMIDDNYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE
04/07l2008
PRODUCER Phone:(503)6413131 THIS CERTIFICATE IS ISSUED A$A MATTER OF INFORMATION
Trico Insurance,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O.BOX 1540 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Beaverton,OR 97075
INSURERS AFFORDING COVERAGE, NAIC#
INSURED INSURER A AUSTIN MUTUAL INSURANCE COMPANY
COLUMBIA BASIN WATER WORKS,INC. INSURER B
PO BOX 476 INSURER C
GASTON,OR 97119 INSURER D
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P RIOD 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,EiCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR D'L POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION LIMBS
L NS E 0 INSURANCE D DATE D
A Y GENERAL LIABILITY SP1706029 0112012008 0112012009 EACH O CURRENCE $ 1000 000
X COMMERCIAL GENERAL LIABILITY PREMISES
Ea occurence $ 100 000
CLAIMS MADE �OCCUR MED EXIT(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000
X POLICY PRO LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS i
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS
(Per accl ent) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY ASS $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WCISTATS OF:R
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTME E L EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? E L DISEASE-EA EMPLOYE $
If yes describe under
SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES l EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
THE CITY OF KENT SHALL BE AN ADDITIONAL INSURED AS RESPECTS COVERED OPERATIONS OF THE INSURED.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL',ENDEAVOR TO MAIL10 DAYS WRITTEN
THE CITY OF KENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHAL L
220 4TH AVE S. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS Of t
KENT,WA 98032 REPRESENTATIVES
AUTHORIZED REPRESENTATIVE
cLP(.l EP� --am FJ4
ACORD 25(2001/08) ®ACORD CORPORATION 1988
Pnnted I$y FJQ on Apnl 07,2008 at 09 28AM
p1
Customer name: REBECCA TYSON Company. SF Mutual
JOSEPH TYSON Servicing agent. CAMIILLE MILLER t
Address: PO BOX 476 Eff date: 02-0?-2008 to 08-07-2008
GASTON OR 97119-0476 Description. 2006 DODGE 2500 VAN a
Policy 008 8615-607-37 L VI N WDO;PD744565958501
Status: PAID ON SFPP SFPP#: 0408865915
�p08
Coverage Details s
The premium amounts shown reflect a six-month pofigy term. Cr � �
Code Descri ion �W S
A Pl Combined Premium 201.61
A Bodily Injury/Property Damage Liability
Limits of Liability-Coverage A-Bodily Injury
Each Person, Each Accident
$1,000,000 $1,000,000
Limits of Liability-Coverage A-Property Damage,
Each Accident
$500,000
P= Personal Injury Protection (See Po--icy Schedule ifor Limits.)
D500 $500 Deductible Comprehensive 25.63
G500 $500 Deductible Collision 112.34
H Energency Road service 4.80
131 Uninsured Motor Vehicle 78.89
Li_=.ts of Liabi-ity-Ul-Bodily Injury
Each Person, Each Accident
$-_,000,000 $110001000
L_m_ts of Liability-Ul-Property Damage
Each Accident
$10,000
Total 423.27
Vehicle Details
Year. 2006
Make: DODGE
Model: 2500
Body style, VAN
VIN: WDOPD744565958501
Odometer Information
Odometer reading: 269
Odometer date: 12-2006
Additional Interests
Uenholdem
Code: 52888
ON POINT COMMUNITY CREDIT
UNION
INSURANCE SERVICE CENTER
PO BOX 3755
PORTLAND OR 97208-3750
Additional Insureds/Lessom
The information on this document is presented for general infoOmational
purposes only and is not intended to serve as a declaration page or policy.
State Farm Mutual Automobile Insurance Company, Bloomington, Illinois