HomeMy WebLinkAboutPW08-205 - Original - TMG Services, Inc. - Chlorination Equipment Annual Preventive Maintenance - 03/02/2007 ecords M e me
KENT
WADNINOTON Document
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: CT c�iY`y
Contract Number: W a
This is assigned by Mary Simmons
Vendor Number: �'G3 V3
Project Name: Lev4i�
n�
Contract Effective Date. 7
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
•
KEN T
W A 5 H I N O T O N
GOODS & SERVICES AGREEMENT
FOR
ORDINARY MAINTENANCE
between the City of Kent and
T M G Services, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and T M G Services, Inc. organized under the laws of the State of Washington, located
and doing business at 3216 East Portland Ave., Tacoma, WA 98404, Phone: (253) 779-4160 Fax: (253) 779-
4165, Contact: Mary Gazdik(hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for the
City:
The Contractor shall perform annual service maintenance for 2007 of the chlorination system at
the city's following well sites:
Kent Springs
Clark Springs
Seven Oaks
East Hill Well
Scope of supply includes labor, travel, and parts to clean, inspect and re-gasket the chlorination
equipment per factory recommendations. Scope also includes testing and calibration of the gas
leak detection equipment at all sites.
TMG's detailed proposal is attached as Exhibit A and is hereby incorporated into this agreement.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
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 Agreement, Vendor shall complete
the work and provide all goods, materials, and services within sixty (60) days of both parties signing this
contract .
GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE- 1
(Under$]0,000.00, including WSST)
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Five thousand nine
hundred eighty-three dollars and 18/100 ($5,793.43), including 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:
Upon completion of the services provided herein and acceptance by the City, Contractor will
issue an invoice and City will pay for these services within thirty (30) days of receipt of the
invoice.
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. hi 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 withhold 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 costs 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 NL KING 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. PREVAILING WAGES. Vendor 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.
Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, 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.
V. INDEPENDENT CONTRACTOR The parties intend that 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.
VI. 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.
GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-2
(Under$]0,000.00, including WSST)
VII. CHANGES. The City may issue a written change order 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 a change order is necessary, Vendor must submit a written change order 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 the requested change. If the City
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 agreement with the Vendor on all
equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable
adjustment as it deems appropriate. The Vendor 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make
any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor
disagrees with the equitable adjustment, the Vendor must complete the change order 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 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 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.
VIII. CLAIMS. If the Vendor 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 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 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 Vendor unless a timely written claim is made in strict accordance with the applicable provisions
of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1
through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the 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.
GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-3
(Under$10,000.00, including WSST)
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
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. 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 section 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).
IX. 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.
X. 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, and 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 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 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.
XII. 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
GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-4
(Under$10,000.00, including WSST)
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 City'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.
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.
XIII. 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.
XIV. 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 materials, tools, or other articles used or
held for use in connection with the work.
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 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.
GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-5
(Under$10,000.00, including WSST)
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 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 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 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.
VENDOR: CITY OF KENT:
By: � ) `� U G By:
(stgnatur (signature)
Print Nar�ne: M a r y 3" C k z d, Print Name: Donald C. Mill tt
Its: ff -Cs i C4P n f Its: Public Works Operations Manager
(Title) / ( 'tle
DATE: ����G 10-1 DATE: 34.a/ (
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Mary Gazdik Sean Bauer, Water Quality Field Supervisor
T M G Services, Inc. Public Works Operations
3216 E. Portland Ave. City of Kent
Tacoma, WA 98404 220 Fourth Avenue South
Kent, WA 98032
(253) 779-4160 (telephone)
(253) 779-4165 (facsimile) (253) 856-5516 (telephone)
(253) 856-6600 (facsimile)
TMGServices2007ContractAnnualMamtChlonnationService4Locations
GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE-6
(Under$]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 contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this 6, day of a 6r a cc r�/ , 200_1.
By; 11 c,t,� U' C A. a�L4
For: /V1 St'rV(c.cs , lr--,c
Title: e s c-e ti
Date: ) 3 G /0 7
EEO COMPLIANCE DOCUMENTS- 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year,must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2 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 /VI 6- -S er Yc c- s , —_cn—c. Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as Orj�,n u r and s'1�4,.� F ncc=t5 1�e m e K4J 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 41 day of r-e L r Cl 4 ri� , 200_.
By:
For: -SerV1Le-% Inc
Title: r c'S i C e n '�
Date: J J / 1)6 /0
EEO COMPLIANCE DOCUMENTS-3 of 3
Exhibit A
TM G Services, Inc. T 3216 E.Portland Avenue
C%ces) Tacoma,WA98404
253-779-416160
Fax 253-7794165
We've Got The Answers--Leave It In Our Hands tinginc@tmgservices.net
February 2,2007
Sean Bauer
Kent,City of-Water
220 Fourth Avenue.S.
Kent,WA 98032-5895
Reference: Annual Service Quote
Dear Sean:
Thank you for your continued support of TMG Services, Inc. Please see the estimates below for annual service
maintenance at Kent Springs,Clark Springs and Seven Oaks Well Sites.
Please note this is an estimate for recommended annual routine preventative maintenance and does not include
any major components that may be damaged or broken.
Kent Springs
Service Labor 16 Hours $90 $1,152
Service Travel 2 Hours $90 $144
Service Miles 65 Miles $.45 $29.25
Misc. Part(Please see Below) 1 Each $1,320 $1,320
Tax: $232.78
TOTAL: $2,878.03
Kits, Gaskets, O-Rings,Tubing, Etc.
Labor: Clean, Inspect&Re-Gasket
(2)VR201 C Vacuum Regulators with Ton Containers
(2) Low Pressure O-Ring Style Ejectors
(2)4100 Series Automatic Chlorinators, Including:
(2)Remote Ratemeter Assemblies
(2)Gas Check Valves
(2)Primary D/P Regulators
(2)Automatic Valves
(2)Gas Check Valves
(2)Primary D/P Regulators
(1) 1610B Chlorine Gas Leak Detectors
Clark Springs
Service Labor 4 Hours $90 $288
Service Travel 1 Hours $90 $72
Service Miles 60 Miles $.45 $27
Misc. Part(Please see Below) 1 Each $357.50 $357.50
Tax: $65.52
TOTAL: $810.02
Kits,Gaskets,O-Rings,Tubing, Etc.
Labor: Clean, Inspect&Re-Gasket
(1) V10K Panel Mounted Chlorinator S/N BM11337
(1) Set 210S Automatic Switchover Module w/ton container
S/N's BM15878& BM15879
Seven Oaks
Service Labor 4.5 Hours $90 $324
Service Travel 1 Hour $90 $72
Service Miles 60 Miles $.45 $27
Misc. Part(Please see Below) 1 Each $814 $814
Tax: $108.86
TOTAL: 1,345.86
Kits, Gaskets, O-Rings,Tubing, Etc.
Labor: Clean, Inspect&Re-Gasket
(1) V500 Vacuum Chlorinator with Integral Pressure Relief
(1) Set 200C Vacuum Regulators
(1) High Pressure O-Ring Style Ejector
(1) 1610B Chlorine Leak Detector
East Hill
Service Labor 4 Hours $90 $288
Service Travel 1 Hours $90 $72
Service Miles 60 Miles $.45 $27
Misc. Part(Please see Below) 1 Each $307.0 $307.00
Tax: $65.52
TOTAL: $759.52
Kits, Gaskets, O-Rings,Tubing, Etc.
Labor: Clean, Inspect& Re-Gasket
(2) V10K Panel Mounted Chlorinator S/N BM11337
(2) Set 210S Automatic Switchover Module
It is always a pleasure to work with you. If you have any questions please do not hesitate to call me at
(253)779-4160.
Sincerely,
Teresa Corrington
TMG Services, Inc.
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents,
representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liabilitv insurance covering all owned,non-owned,hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary,the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors,products-completed
operations,personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185. There shall be no
endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 1185 or a substitute endorsement
providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liabilitv insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General 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.
P:Operations\P WOpsContracts\Water\hisRegForTMG2007AnnualServiceChlonnationEquipment4CityofKentWellSites
EXHIBIT B (Continued )
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain,the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty(30) days prior written notice by certified
mail,return receipt requested,has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies(except
Professional Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
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\P WOpsContracts\Water\1nsRegForTMG2007AnnualServiceChlorinationEquipment4CityofKentWeliSrtes
1 Client#:41012 TMGSERVI
ACORD- CERTIFICATE OF LIABILITY INSURANCE 02/20/In°` "'
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bratrud Middleton Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Brokers, Inc.-Tac General HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1201 Pacific Ave,Suite 1000
Tacoma,WA 98402 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A OREGON AUTOMOBILE INSURANCE
TMG Services Inc. INSURER B
3216 E Portland Ave
INSURER C
Tacoma,WA 98404 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
INS POLICY EFFECTIVE POLICY EXPIRATION
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM DD LIMITS
A GENERAL LIABILITY C13129242 06/05/06 06/05/07 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TOERENTEDPREMISES a occurrence) $1 OO OOO
CLAIMS MADE 51 OCCUR MED EXP(Any one person) $5 000
X PD Ded:500 PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000
POLICY X PRO LOC
JECT
A AUTOMOBILE LIABILITY C13129242 06/05/06 06/05/07 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
A EXCESS/UMBRELLA LIABILITY C13129242 06/05/06 06/05/07 EACH OCCURRENCE s2,000,000
X OCCUR CLAIMS MADE AGGREGATE s2,000,000
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WA Stop Gap WC STATULIMIT- X OTH-
ER
A EMPLOYERS'LIABILITY C13129242 06/05/06 06/05/07 El EACH ACCIDENT $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDEDI E L DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $1 000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Annual Service Maintenance of Chlorine System for 2007
Additional Insured Endorsement Attached
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL A_ DAYS WRITTEN
Attn:Sean Bauer NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
220 4th Ave.S. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Kent,WA 98032 REPRESENTATIVES
AJ�O�ZEP R RES ATIVE
ACORD 25(2001108)1 of 2 #S163994/M130757 \` VRR00 0 ACORD CORPORATION 1988
IMPORTANT
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing msurer(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 listed thereon.
ACORD 25S(2001/08) 2 of 2 #S163994/M130757
C13-12-92-42 COMMERCIAL GENERAL LIABILITY
TMG SERVICES INC 06/05/06 LGL 4032 07 OS
BLANKET ADDITIONAL INSUREDS - CONTRACTORS
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. A. Section II-Who Is An Insured is amended to include as an insured the following.
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement that such person or organization be
added as an additional insured on your policy Such person or organization is an additional insured
only with respect to liability caused in whole or in part by
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf,
In the performance of your ongoing operations performed for that additional insured. A person's or
organization's status as an insured under this endorsement ends when your operations for that
additional insured are completed
2. Any person or organization from whom you lease a premises when you and such person or
organization have agreed in writing in a contract or agreement that such person or organization be
added as an additional insured on your policy Such person or organization is an insured only with
respect to liability caused in whole or in part by your ownership, maintenance, or use of that part of
the premises leased to you by such person or organization A person's or organization's status as
an insured under this endorsement ends when their contract or agreement with you for such leased
premises ends.
3. The architects, engineers or surveyors, while not engaged by you, that are contractually required 10
be added as an additional insured to your policy, but only with respect to liability caused in whole or
in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf,
In the performance of your ongoing operations performed by you or on your behalf.
B. With respect to the insurance afforded these additional insureds, the following additional exclusions
apply:
1. The insurance afforded under Paragraph 1.A.1. and 1.A.3. of this endorsement does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of,
or the failure to render, any professional architectural, engineering or surveying services, including-
A. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys,field orders, change orders, drawings, designs or specifications; and
B. Supervisory, inspection, architectural or engineering activities.
2. The insurance afforded under Paragraph 1.A.2 of this endorsement does not apply:
A. To any"occurrence"which takes place after you cease to be a tenant in that premises;
B. To structural alterations, new construction or demolition operations performed by or on behalf of
the person or organization from whom you lease the premises.
LGL 40 32 07 05 Contains ISO copyrighted material, with its permission
c 841 01 Copyright, Insurance Services Office, Inc., 2004
b. If a claim is made or "suit" is brought against 4. Other Insurance
any insured,you must: If other valid and collectible insurance is available
(1) Immediately record the specifics of the to the insured for a loss we cover under Cover-
claim or"suit" and the date received;and ages A or B of this Coverage Part, our obligations
(2) Notify us as soon as practicable. are limited as follows:
You must see to it that we receive written no- a. Primary Insurance
tice of the claim or "suit" as soon as practica- This insurance is primary except when b. below
ble. applies. If this insurance is primary, our obliga-
c. You and any other involved insured must: tions are not affected unless any of the other
insurance is also primary. Then, we will share
(1) Immediately send us copies of any de- with all that other insurance by the method de-
mands, notices, summonses or legal pa- scribed in c. below.
pers received in connection with the claim
b. Excess Insurance
or"suit";
(2) Authorize us to obtain records and other This insurance is excess over:
information; (1) Any of the other insurance, whether pri-
(3) Cooperate with us in the investigation or mary, excess, contingent or on any other
settlement of the claim or defense against basis:
the "suit"; and (a) That is Fire, Extended Coverage,
(4) Assist us, upon our request, in the en- Builder's Risk, Installation Risk or similar
forcement of any right against any person or coverage for"your work';
organization which may be liable to the in- (b) That is Fire insurance for premises
sured because of injury or damage to which rented to you or temporarily occupied by
this insurance may also apply. you with permission of the owner;
d. No insured will, except at that insured's own (c) That is insurance purchased by you to
cost, voluntarily make a payment, assume any cover your liability as a tenant for"prop-
obligation, or incur any expense, other than for erty damage"to premises rented to you
first aid,without our consent. or temporarily occupied by you with
3. Legal Action Against Us permission of the owner, or
No person or organization has a right under this (d) If the loss arises out of the maintenance
Coverage Part: or use of aircraft,"autos" or watercraft to
a. To join us as a art or otherwise brim us into the extent not subject to Exclusion g. of
J party 9 Section I — Coverage A — Bodily Injury
a "suit"asking for damages from an insured; or And Property Damage Liability.
b. To sue us on this Coverage Part unless all of 2
its terms have been full lied with. l ) Any other primary insurance available to
Y complied you covering liability for damages arising
A person or organization may sue us to recover on out of the premises or operations for which
an agreed settlement or on' a final judgment you have been added as an additional in-
against an insured; but we will not be liable for sured by attachment of an endorsement.
damages that are not payable under the terms of
this Coverage Part or that are in excess of the ap-
plicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the claim-
ant's legal representative.
CG 00 01 10 01 ®ISO Properties, Inc., 2000 Page 11 of 16
101004
Department of Labor and Industries Prevailing Wage STATEMENT OF INTENT TO
�,ty.8�"reoA
(360)902-5335 PAY PREVAILING WAGES
www lni.wa gov//TradesLicensing/PrevailingWage °
Public Works Contract
$25,00 Filing Fee Required
• This form must be typed or printed in ink. Project Name q Contract#
• Large,bold numbers match instructions on back of form. G.-e>0C/sd-SC'i^VILNs ,-ttr^t°rnttA'f -4;3r' tO+J(nGrL
• Please allow a minimum of 10 working days for processing. Contract Awarding Agenc�(public gency-not federal or private)
• Once approved our form will be posted online at the above website. Ci4y J 4- Ae, i<
`APPROV1EDvpf--' �MET". `-- 3• � Address
Contractor,company or agency name,address,city,state&ZIP+4 0 - t/e
City / State ZIP+4
�1Y1 C C�F r-Yc L E's `?n c. Awarding I e
n l , Agenc Project Contact Person Phone#
County where
where work was performed City where work was performed
����•,,c<, GtJ A 019'�10 4 I !1 G 1-<e it ((
Bid due date (mm/dd/yy) Date contract awarded (mm/dd/yy)
Will all work be subcontracted? Do you intend to use subcontractors?
❑ Yes ® No ❑ Yes ® No
�Priime contractor(has contract with the public agency) Contractor Registration# Expected job start date(mm/dd/yy) Do you intend to use apprentices?
/vtl SCr✓ C�ifS �t —7 (73r0•t I07 ❑ Yes ® No
Craft/trade/occupation(Do NOT list apprentices) Estimated no Rate of Rate of hourly fringe
Indicate number of owners expected to perform work. of workers hourlya benefits
TC "-tr1e, I 6n /nN / �}r,C- 11t� r" iGc/irt/l { - &
Company name / Indicate total dollar amount of your contract
�/ ' 1 C` �N i"✓ GC'S 71- -c— or time and materials if applicable. $ J "N 3• /.f3
Address I hereby certify that the above information is correct and that all
J ,2! (� f ;�6 r f �G n C/ �t,�F/Z u� workers I employ on this Public Works Project will be paid no less
than the Prevailing Wage Rate(s) as determined by the Industrial
City r h t� � e ZI 4 Statistician of the Department of Labor and Industries
Contractor Registration No. UffBI Title S�•gnature
Iv1Cr_ i -��533 (,bi J�(5� Ois r�sl 11cu L�. )c �
Industrial Insurance Account Number i
'474- .3?o - o
Email address Phone number
r'Yt tt t- L� ,[ /�7 St r ✓((.�s, n e`it 77�- r�� Check Number: ❑ $25 or $
}'�j., '• or Od - Issued By:
APPROVED: Department of Labor and Industries
By
Industrial Statistician
F700-029-000 statement of intent to pay prevailing wages 12-04 After APPROVAL,send white copy to Awarding Agency.
Canary copy-L&I
PUBLIC WORKS OPERATIONS
Donald C Mdlett
Operations Manager
220 4th Avenue South
KE O T Kent, WA 98032
WA5HINGTON Fax: 253-856-6600
PHONE: 253-856-5600
March 6, 2007
Ms Mary Gazdik
TMG Services, Inc.
3216 East Portland Avenue
Tacoma, WA 98404
Dear Ms. Gazdik:
We have received the two signed originals of the contract between T M G Services, Inc. and
the City of Kent for the annual preventative maintenance of the chlorination system at the
city's following well sites: Kent Springs, Clark Springs, Seven Oaks, and East Hill. Also,
we have received your proof of insurance and the intent to pay prevailing wages. The two
originals of the contract have been signed by our Public Works Operations manager, and we
are ready to have you proceed with the work.
Enclosed is one fully signed original for your records. In the meantime, if you have any
questions, feel free to call me at 253-856-5600.
Sincerely,
Sean Bauer
Water Quality Field Supervisor
SB:rcb
Enclosure: Goods and Services Agreement for Ordinary Maintenance
between the City of Kent and TMG Services, Inc. effective
March 2, 2007
N
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MAYOR SUZETTE COOKE
1
City
P Operattons\PWOpsContracts\Water\CoverLetSignedConTMOServMnMamtChlorSystems4WellW KentW. Blanchard,
Works Department
, Public Works Director