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HomeMy WebLinkAboutPW08-069 - Original - Extech, LLC - Water Tank Inspection & Cleaning - 03/04/2008 i ecords M rye KEIVT I Document WASIIINOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission t City Clerks Office. All portions are to be completed, if you have questions, please contact ity Clerks Office. Vendor Name: GL Vendor Number: JD Edwards Number Contract Number: PLO O _ O This is assigned by Deputy City Clerk Description: `g l Detail: Project Name: 8�- 4 Contract Effective Date: /L t�L'�� Termination Date: ' Contract Renewal Notice (Days): Number of days required notice for termin6kion or renewal or amendment Contract Manager: ��h �dL)I nlu� Department: LS I Abstract: I S Public\RecordsManagemen t\Forms\Co n tractCover\ADCL7832 07/02 Iso KENT WAS H I NOTO N GOODS & SERVICES AGREEMENT between the City of Kent and Extech, L.L.C. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Extech, L.L.C. organized under the laws of the State of Connecticut, located and doing business at 490 Industrial Park Road, Deep River, CT 06417 -- Phone: 860-526-2610 Fax: 860-526- 5018 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perforrn the following services for the City: Vendor will remove a sample bottle floating at the surface of the City's Reith Road water tank, located at 25601 Reith Road. In addition, Vendor will perform comprehensive tank inspections and cleaning of the Reith Road water tank; the 98th Avenue South water(tank, located at 23825 - 98th Avenue South; and the South 264th Street water tank, located at 3301 South 264" Street, all within the City of Kent, Washington. Vendor will perform the work contracted for in this Agreement in ac I�ordance with Vendor's Project Scope attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the Cit 's excl sive provider of thesegoods, g Y � p materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this A leement Vendor shall complete p Agreement, P the work and provide all goods, materials, and services by April 30, 2008. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $15,414, plus applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS&SERVICES AGREEMENT- 1 (Over$]0,000.00, including WSST) A. Comprehensive Internal/External Inspection of the three tanks $4,436 identified in Section I above Checklist Style report for the three tanks,which includes six hard $3,680 copies and three DVDs B. Mobilization/demobilization fee Not to exceed $2,089 Reduction in fee will be provided if additional projects are scheduled in the area C. Robo Vac Tank Cleaning of the three tanks within depth limitations, $5,209 66-ft Diameter Tank $1,989 32-ft Diameter Tank $1.305 54-ft Diameter Tank $1,915 D. Cancellation charge, if City cancels work $950/tank after Contractor is mobilized If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to thhold payment from Vendor for any defective or unauthorized goods, materials or services.) If Vendor is unable, for any reason, to complete any part of this Agreement, the City may )obtain the goods, materials or services from other sources, and Vendor shall be liable to the, City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional posts incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR The parties intend th t an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen ',(14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to they requested change. If the City GOODS&SERVICES AGREEMENT-2 (Over$10,000.00, including WSST) determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach a eement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the Citt will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete thI amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or(3) not protesting in the way this section provides. An amendme�it that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should ha le known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. j At a minimum, a Vendor's written claim shall include the information se forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the'claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the GOODS&SERVICES AGREEMENT-3 (Over$10,000.00, including WSST) 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 rotest. C. Vendor's Duty to Complete Protested Work. In spite of any claim., the Vendor shall proceed promptly to provide the goods,materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this s Iction provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination). I VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,jand will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the jCity in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the Qity's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. j GOODS&SERVICES AGREEMENT-4 (Over$]0,000.00, including WSST) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. I XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materialsi, tools, or other articles used or held for use in connection with the work. j 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 optign 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 I are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, th'e 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 attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. I 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. Assi.n�. 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. GOODS&SERVICES AGREEMENT-5 (Over$10,000.00, including WSST) F. Modification. No waiver, alteration or modification of an of a provisions of this Agreement , Y �I p �' shall be binding unless in writing and signed by a duly authorized representative f the City and Vendor. G. Entire Agreement. The written provisions and terms of this (Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into f or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict(with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or�Iccruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CITY OF KENT: i By: By: (signature) (signature) Print Name: Print e: uzette Cooke Its P�-5 t L)4rt-T- Its Ma or 11 Title) DATE: Z" DATE: 3 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Pat Meskill l Kevin Swinford Extech, L.L.C. q0 IinAU,4�i Ra.Vk JU City of Kent 220 Fourth Avenue South 98+"-@6W De,ejorU�>e�� -` Kent, WA 98032 (860) 526-2610 (telephone) 66 7 (253) 856-5613 (telephone) (860) 526-5018 (facsimile) (253) 856-6600 (facsimile) T ROVED AS TO FORM: wilvaAA �I L—', e La p ent P: eratlons\PW sContracts\Water\EXTECHLLC\Ins ect-C1ean3WaterTanks2-C �P �P P 8 GOODS&SERVICES AGREEMENT-6 (Over$]0,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any con actor, 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: I 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. i 5. Before acceptance of this Agreement, an adherence statement wilt 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. j Dated this 5 day of lZUIf1R , 200 j it By: For: Title: i Date: I EEO COMPLIANCE DOCUMENTS- 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY II NUMBER: 1.2 EFFECTIVE DATE:' January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White,Mayor j POLICY: Equal employment opportunity requirements for the City of Kent will conforrnr 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 sand subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. I 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. I EEO COMPLIANCE DOCUMENTS-2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 of 3 Exhibit A PROJECT UNDERSTANDING The city of Kent,WA is soliciting a Request for Proposal(REP) for ins ecoon and cleaning services of its three water storage tanks: Tank 1: lmg steel ground reservoir Tank 2: 125K elevated steel tank Tank 3: 300K elevated steel tank The main focus of this project is to evaluate the condition of the tanks and provide specific recommendations that will allow the City of Kent, WA to maximize the serviceable life and provide information for possible modifications to improve operational effectiveness. li PROJECT SCOPE Comprehensive Tank Evaluations EXTECH would perform a thorough inspection of the tank(s) in accordance with AWWA D101-53 (R1986) " Inspecting and Repairing Steel Water Tanks, Standpipes, Reservoirs, and Elevated Tanks for Water Storage" Part A and NFPA-25, and as appropriate, guidelines provided by a premier concrete tank manufacturers. These inspections would be conducted by a t lwo-man crew consisting of a NACE Trained Coatings Inspector and a qualified assistant. The interior underwater evaluations will be conducted using a Remote Operated Vehicle, (ROV), named "TankRover". This specially designed underwater vehicle completely replaces the need for diving or taking tanks off line. TankRover provides high quality video inspection of 100% of all internal surfaces, including the roof, through closed circuit TV. The video from the underwater camera its directly viewed on the ground by the inspector/operator. TankRover is equipped with a powerful rotating wire brush for cleaning surface debris and corrosion, which allows for direct examination} of metal loss, pit depth and concrete cracking. A TankRover evaluation requires no preparation by the client as the tank pan be left completely on line during the inspection. Strict disinfecting procedures in accordance' with AWWA C652-02 Section 4.4, for the ROV and umbilical cable will be implemented on site by the inspection team. We would also supply the necessary inspection and safety equipment rjequired for the external inspections. All observations would be recorded by means of high quality digital photographs, videotape and written field notes. As part of our services we can retrieve water and sediment samples for analysis. This analysis is not normally included in the pricing for standard inspections. EXTECH will perform the inspection, sampling and testing to gather the required information. Each structure will be evaluated by the coatings and corrosion control team using non-destructive testing methods. The actual analysis and sampling/testing scheme to be followed Ifor the specific tank will be determined in the field. P:Operarions\PWOpsContracts\ExhibitAProjectUnderstandmgExtechLLCCleanlnspect3Tanks2-O8 Page 1 The following methods are available for use in assessing the condition of each tank. EXTECH will employ destructive test methods, such as the cross-cut tape test, only when necessary and with the express permission of the tank owner. 1. Dry film thickness measurements of the exterior coating. 2. ASTM D3359 adhesion test methods A and B on the exterior coatings. 3. Visual examination from available ladders and scaffolding. 4. Collection of interior and exterior coating samples sufficient for laboratory testing; Samples would tested for total lead using the atomic absorption method. The following items are inspected on each tank: A. Condition of paint on the interior and exterior including; approximate percent of rusting,type of paint failure and locations of concentrated pant failure. B. Metal loss due to corrosion such as pitting, layered corrosion or physical damage. Special attention is paid to joints, seams,rivets and roof members. C. Cathodic protection systems are inspected to assess the number of anode strings, presence or absence of reference cells and operation of a rectifier. D. Foundation pads or ring walls are inspected for cracking and other deterioration. The floor plate flange and grouting are inspected as well. E. Elevated tanks are inspected for signs of instability or shifting by observing the tower posts,tension rods and riser pipe. F. All fasteners such as cotter pins, anchor bolts and turnbuckles are inspected for corrosion or failure. G. Safety appurtenances such as ladders, anti-climb devices, apt ti-fall devices, painter's rails and balconies are inspected and their condition noted. H. Adhesion would be measured on the exterior paint systems to determine if the system can be top coated,and how long it may last. This information is useful because it tells us whether we can recommend top coating instead of total removal. I. Sanitary and security items such as lights,bug screens,hatc s and padlocks will also be included in our written observations. Robotic Tank Cleaning Extech will clean each of the tanks listed above, if needed, by means of a remotely controlled robot cleaner. The RoboVac is controlled from the ground by an operatoIr who has closed circuit video on the unit during its operation. All internal floor areas can be cleaned with the unit. The riser pipes on elevated tanks cannot be cleaned with this unit. There is linsufficient room at the P:Operat3ons\PWOpsContracts\ExhibitAProjectUnderstandmgExtechLLCCIeanlnspect3Tanks2-08 Page 2 base of the riser due to the presence of the inlet/outlet pipes. This is exactly the same physical process used by diving companies but does not require any people to enter the water. All cleaning equipment is disinfected on site as per AWWA C652-02, Se tion 4.4. The RoboVac vacuums bottom sediment and silt and deposits it outside the tank into a temporary impoundment of filter fabric and haybales. If there is a storm or sanitary sewer nearby that can also be used. The RoboVac can be operated with the tank full and in'regular operation. The cleaning unit consumes approximately 85gpm of water during the process. All cleaning is verified with underwater video camera. Due to the length of the cleaning process we may need to work beyond, normal working hours. We would plan on continuous cleaning when we set up on a tank& Unlike typical diving operations the tank level does not need to be lowered in tanks over 60 feet. Our equipment does not risk decompression sickness. The electrical requirements for the pumping are assumed to be provided on site by the client. We require regular 1 10V wall current for the equipment. If generators are required there would be an extra charge. Report Upon completion of the inspection, the data would be reviewed by our corrosion team for the preparation of the report and recommendations. The team would evaluate the results and determine if the tank is adequately protected against future corrosion, and meets today's safety standards. Any deficiencies would be discussed in the report with appropriate recommendations accompanied by estimates of cost. All the tanks inspected would be pfioritized by significance of deficiencies for action by the town. The report would be reviewed by a NACE Certified Coating Inspector for completeness and quality. The written report will contain color photographs from both interior and exterior surfaces. Our price includes two (2) copies of the report and one (1) video tape of the internal inspection. Additional codes can be provided at a nominal charge. Oualifications and Limitations This proposal is made with the following qualifications and limitations i cluded: 1. Tank inspections can only be conducted on tanks with roof ac ess hatches that are 24- inches in diameter or larger. If the client has represented that the hatch is 24-inches and it is found to be smaller then Extech reserves the right to charge th cancellation fee quoted. 2. Underwater tank cleaning requires that the internal water i level of each tank be maintained within at least 10 feet of the roof hatch. If the wa�er level drops below the minimum required Extech reserves the right to terminate cleaning operations or assess an additional charge to the project. P Operations\PWOpsContractsTxhibitAProjectUnderstandmgExtechLLCCIeanlnspect3Tanks2-08 Page 3 3. Sediment depth measurements made during tank inspections are ilimited due to the need to avoid creating excess turbidity. If the character of the deeper sediment is significantly different than observed, if there are unforeseen obstacles or d�en ris under the sediment such as anode rods, large chunks of rust scale, rope, rocks, etc, Extech may apply a surcharge to the cleaning fee. If the client chooses to halt cleaning they are responsible for the base cleaning cost originally quoted. I 4. The client is responsible for supplying 110V power at the site. If on-site power is not available Extech will provide a generator and charge the client at cost plus 15%. 5. Underwater tank cleaning prices are based on discharging the water sediment mixture on the tank site. If we are required to treat and or discharge the water,off site there may be an extra charge. Unless Extech has performed an analysis on the sediment, it is the client's responsibility to determine if it has any hazardous or toxic characteristics that would prohibit or limit discharge. ADDITIONAL SERVICES AVAILABLE (upon request) As a professional tank consulting firm we can perform the following: • Water Tank Maintenance Inspection Drain/Clean/Inspection "TankRover"In-service(remotely operated vehicle) inspections Underwater"RoboVac"robotic tank cleaning • Rehabilitation Design j Painting Specification Lead Paint Removal Projects Demolition Structural Repair • Project Management Paint Inspection Services Environmental Compliance Monitoring • Cathodic Protection System Testing Design Installation • Total Tank Management Long Range Planning/budgeting j Turnkey Tank Maintenance REFERENCES Available upon request P Operations\PWOpsContracts\ExhibitAProjectUnderstandmgExtechLLCCleanInspect3Tanks2-08 Page 4 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Aggeement, 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. 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. 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 11 �5 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum c�ombined single limit for bodily injury and property damage of $1,000, 100 per accident. v 2. Commercial General Liability insurance shall be I -tten 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 Operahons\PWOpsContracts\Water\ExhibitBInsRegExtechLLDTanklnspection-Cleamng2-08 'A EXHIBIT B (Continued ) I C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the f Rowing 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 contrib4te with it. 2. The Contractor's insurance shall be endorsed to state that coveragF 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 rec ve 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, excel t 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 f 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\ExhibitBInsRegExtechLLDTanklnspection-Cleanmg2-08 I CO D,M CERTIFICATE OF LIABILITY INSURANC 02/26/2008 PRODUCER (203)354-6200 FAX (203)354-6480 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Shoff Darby Companies, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 401 Merritt 7, Plaza Level HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AF Norwalk, CT 06851 FORDED BY THE POLICIES BELOW. Ilona M. Cairo INSURERS AFFORDING COVERAGE NAIC# INSURED EXTECH, LLC INSURERA CNA Insurance Companies 20435C 490 Industrial Park Road INSURERB AIG Insurance Deep River, CT 06417 INSURERC CNA Insurance INSURER D 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 INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2097384403 08/11/2007 08/11/2008 EACH OCCURRENCE $ 1,000,000 r COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 1,000,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ S,000 A PERSONAL&ADV INJURY $ 1,000,000 (GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYF_j PROJECT LOC AUTOMOBILE LIABILITY 2097384319 08/11/2007 08/11/2008 COMBINED SINGLE LIMIT Ea accident) $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS Per person) $ A HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS '((Per accident) 'PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY (AUTO ONLY-EA ACCIDENT $ ANY AUTO MOTHER THAN EA ACC $ UTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY BE9031208 08/01/2007 08/01/2008 EACH OCCURRENCE $ 10,000,00 X OCCUR CLAIMS MADE AGGREGATE $ B 0,000,000 $ 10,000,00 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 20973843 S67 08/11/2007 08/11/2008 X WC sTATU- OTH- EMPLOYERS'LIABILITY ER A ANY PROPRIETOR/PARTNER/EXECUTIVE IE L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under — C:Ai-PROVSSIONS h.�ow____ _ _ _ _ E L DISEASE-POLICY LIMIT $ 1,000,000 ro essional Liability ECA254072370 JGI%�ODT 08�DY'/'i008 — $�,500;000�$5_A00,Q00— - -- C DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESC BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Kent 10 DAYS WRITTEN NOTICE TO HE CERTIFICATE HOLDER NAMED TO THE LEFT, Kevin Swi nford BUT FAILURE TO MAIL SUCH NOTIC SHALL IMPOSE NO OBLIGATION OR LIABILITY 220 Fourth Avenue South OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Ilona Cairo ILONA �JW ACORD 25(2001/08) CACORD CORPORATION 1988 IMPORTANT j If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) I If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the jcertificate holder in lieu of such endorsement(s). I DISCLAIMER I The Certificate of Insurance on the reverse side of this form does not constitute a cgntract between the issuing insurer(s), authorized representative or producer,and the certificate holc er, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the polic es listed thereon. i I I I ACORD 25(2001/08) I FW: Extech Agreement Page 1 of 3 Simmons, Mary From: White, Tammy Sent: Tuesday, March 04, 2008 2:01 PM To: Simmons, Mary Cc: Briggs, Patrick, Swinford, Kevin; Bystedt, Renee Subject: FW, Extech Agreement Mary, 1 Kevin Swinford in PW sent a contract over for the Mayor's signature today, which he was in a rush to get through. I The contractor is Extech, L.L.C. When Extech sent the agreement to'lus, it did not include all of the required insurance documents. Given the short timeline l evin was working on, I approved sending the contract to the Mayor for signature, with the junderstanding that we would append the insurance documents to the agreement once we received them. We just received the missing documents by email. When this contract {Comes to you, can you attach to it the insurance documents included in this email? Thanks for your help, Mary. i Tammy Larson-White I legal Analyst City of Kent Law Department I V 253 856,5774 1 F 253,856.6770 tlwhiteCy;ci.kent.wa.us 220 Fourth Avenue South I Kenl, WA 98032 1 www a kent wa.us -----Original Message----- From: Swinford, Kevin Sent: Tuesday, March 04, 2008 1:55 PM To: White, Tammy Subject: FW: Extech Agreement I Kevin R Swinford City of Kent Water Facilities Supervisor 253-856-5613 Cell 253-740-6590 kswinford@ci.kent wa us From: Patricia Meskill [mai Ito:PatriciaMeskill@extechllc.com] Sent: Tuesday, March 04, 2008 12:43 PM To: Swinford, Kevin Subject: FW: Extech Agreement Kevin- Here is a new Certificate, is this sufficient? Let me know. i 3/4/2008 yl.Vltu l,,CK 1 11'11.A I C VP LIMOIL1 I T 11V0V1-tM1V%+C j 02/26/2008 3DUCER (203)3 S4-6200 FAX (203)354-6480 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION toff Darby Companies, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ol Merritt 7, Plaza Level HOLDER.THIS CERTIFICATED ES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORqfD BY THE POLICIES BELOW. orwalk, CT 06851 1 ona M. Cairo INSURERS AFFORDING COVERAGE NAIC# -URED EXTECH, LLC INSURERA CNA Insurance Complanies 2043SC 490 Industrial Park Road INSURERS AIG Insurance Deep River, CT 06417 INSURERC CNA Insurance INSURER D INSURER E :�VERAGES 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 WL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONDATE(MM1DD1YY) LIMITS GENERAL LIABILITY 2097384403 08/11/2007 08/11/2008 EACkOCCURRENCE $ 1,000 00 X COMMERCIAL GENERAL LIABILITY D GE TO RENTED $ 1,000,00 CLAIMS MADE �OCCUR MED XP(Any one Person) $ 5 00 PERSONAL&ADV INJURY $ 11000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRO UCTS-COMP/OP AGG $ 2,000,000 POLICY 7 PRO- JECT LOC AUTOMOBILE LIABILITY 2097384319 08/11/2007 08/11/2008 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea dent) 1,000,00 ALL OWNED AUTOS BODILY INJURY $ ' SCHEDULED AUTOS (Per Berson) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per�ccadent) PROPERTY DAMAGE $ (Per 4ocident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTH R THAN EA ACC $ ALIT ONLY AGG $ EXCESS/UMBRELLA LIABILITY BE9031208 08/01/2007 08/01/2008 EACH OCCURRENCE $ 10 000,00 X OCCUR CLAIMS MADE AGGREGATE $ i 10,000,000 $ 10,000,00 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 20973843 567 08/11/2007 08/11/2008 X 11WC s7ATU- oTH- EMPLOYERS'LIABILITY iJ ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 11000,000 OFFICERMIEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ 1,000,00 M yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 ro essional Liability ECA254072370 08/01/2007 08/01/2008 $5,000,000 / $5,000,000 ESCRIPTION OF OPERATIONS/LQCATIONS/VEHICLEP I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS trtificate Holder is an Additional Insured with respects to the General Liability. ERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBt IO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE 11 11ING INSURER WILL ENDEAVOR TO MAIL City of Kent 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Kevin Swi nford BUT FAILURE TO MAIL SUCH NOTICE S ALL IMPOSE NO OBLIGATION OR LIABILITY 220 Fourth Avenue South OF ANY KIND UPON THE INSURER ITS ENTS OR REPRESENTATIVES. Kent, WA 98032 AUTHORIZED REPRESENTATIVE /I Mona Cairo/ILONA �•4�(J CORD 25(2001/08) ®ACORD CORPORATION 1988 I i IMPORTANT j i If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) j I DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder,!nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies`isted thereon. I I I i ! I ! ! i it ACORD 25(2001108) I G-17957-G c'NA (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SKIT. SEE PARAGRAPH CA. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH 6.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS-COMPLETEQ OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I SCHEDULE Name of Person or Organization: Designated Project: I i I (Coverage under this endorsement is not affected by an entry or lack of entry In the Sine above.) A. WHO IS AN INSURED (Section IQ is amended to 2. The Limits of Insurance applicable to the include as an insured any person or-organization, additional insured I are those specified in the including any person or organization shown in the written contract or written agreement or in the schedule above, (called additional insured)whom you Declarations of this policy, whichever is less. are required to add as an additional insured on this These Limits of Insurance are inclusive of, and not policy under a written contract or written agreement; in addition to, the Limits of Insurance shown in the but the written contract or written agreement must be: Declarations. 1. Currently in effect or becoming effective during the 3. The coverage provided to the additional insured term of this policy;and by this endorsement and paragraph f. of the " definition of Insured contract" under 2. Executed prior to the "bodily injury," "property DEFINITIONS (section V) do not apply to "bodily damage, or personal and advertising injury". injury" or "property, damage" arising out of the B. The insurance provided to the additional insured is "products-completed operations hazard" unless limited as follows: required by the I written contract or written 1. That person or organization is an additional agreement. When doverage does apply to "bodily Injury" or "prop�� damage" arising out of the insured solely for liability due to your negligence "products-completed operations hazard" such specifically resulting from "your work" for the coverage will not aqply beyond: additional insured which is the subject of the written contract or written agreement. No a. The period of I time required by the written coverage applies to liability resulting_from the sole contract or written agreement; or negligence of the additional insured. G-17957-G Page 1 of 2 (Ed.01/01) G-17957-G (Ed. 01/01) b. 5 completion ears from the com y pl n of"your work" on (1) Give written notice of an occurrence or an the project which is the subject of the written offense to us which may result in a claim contract or written agreement, or"suit" under this insurance; whichever is less. (2) Tender the defense and indemnity of any 4. The insurance provided to the additional insured claim or "suit' to any other insurer which does not apply to "bodily injury," "property also has insurance for a loss we cover damage," or "personal and advertising injury" under this Coverage Part; and arising out of an architect's, engineer's, or (3) Agree to make available any other surveyor's rendering of or failure to render any insurance which the additional insured professional services including: has for a ' loss we cover under this a. The preparing, approving, or failing to prepare Coverage Piart. or approve maps, shop drawings, opinions, f. We have no dujty to defend or indemnify an reports, surveys, field orders, change orders additional insured under this endorsement or drawings and specifications; and until we receive written notice of a claim or b. Supervisory, or inspection activities performed "suit' from the additional insured. as part of any related architectural or 2. Paragraph 4.b.of th Other Insurance Condition is engineering activities. deleted and replace with the following: C. As respects the coverage provided under this 4. Other InWH endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as b• Excess I follows: This insura ce is excess over any other 1. The following is added to the Duties In The Event Insurance naming the additional insured of Occurrence, Offense, Claim or Suit Condition: as an insured whether primary, excess,contingent or on any other basis unless a e. An additional insured under this endorsement written contract or written agreement will as soon as practicable: specifically requires that this insurance be either primary or primary and noncontributing. ' I i I i G-17957-G Page 2 of 2 (Ed.01/01)