HomeMy WebLinkAboutPW08-221 - Original - Utilities Services Co., Inc. - 18 Keystone Accuator Assemblies - 03/20/2007 K ecords MZ- eme
ENO W A S M I N O T O N 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 City Clerks Office.
Vendor Name: -Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by Deputy City Clerk
Description: 44 1645�44W"�
Detail:
Project Name:
330-
Contract Effective Date: Termination Date: �
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Department: A"� �il/DG7�
Abstract:
S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02
KENT
W A 5 H I N G T O N
PUBLIC WORKS AGREEMENT
between City of Kent and
UTILITIES SERVICE CO., INC.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and UTILITIES SERVICE CO., INC. organized under the laws of the State of
Washington, located and doing business at 12608 East marginal Way South, Seattle, WA 98168 (hereinafter
the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Furnish labor and materials to
- Remove 18 keystone actuator assemblies from valves at the 212th Street Water Treatment Plant
and deliver to Contractor's shop.
- Disassemble and rebuild with City-supplied parts
- Return assemblies to site, install, and test for proper operation
as set forth in Contractor's estimate hereinafter referred to as Exhibit A and incorporated into this
contract by reference.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement,
Contractor shall complete the work described in Section I by April 30, 2007 .
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed seven
thousand seven hundred eighty-three and 75/100 ($7,783.75), plus any applicable Washington State Sales Tax,
for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent
(50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon
fulfillment of the conditions listed below and throughout this Agreement.
PUBLIC WORKS AGREEMENT- 1
(Under$1OK and No Performance Bond)
Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment
of the conditions listed below and throughout this Agreement.
A. No Performance Bond. Because this contract, including applicable sales tax, is less than
$25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a
performance bond, has elected to have the owner retain the final fifty percent (50%) of the
Contract amount for a period of sixty(60) days after the date of final acceptance, or until receipt
of all necessary releases from the State Department of Revenue and the State Department of
Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever
is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work includes,
without limitation: work and materials that do not conform to the requirements of this
Agreement; and extra work and materials furnished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, and Contractor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above. The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER
OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT
IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall
include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
PUBLIC WORKS AGREEMENT-2
(Under$1OK and No Performance Bond)
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed. After termination, the City may take
possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work.
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is
necessary, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or
should have known of the facts and events giving rise to the requested change. If the City determines that the
change increases or decreases the Contractor's costs or time for performance, the City will make an equitable
adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City before actually receiving the written change order. If
the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims,below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by Contractor
as provided in this section shall constitute full payment and final settlement of all claims for contract time and
for direct, indirect and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the
City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
PUBLIC WORKS AGREEMENT-3
(Under$10K and No Performance Bond)
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-
year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In
the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts
will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to
PUBLIC WORKS AGREEMENT-4
(Under$1OK and No Performance Bond)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit Exhibit B attached and incorporated by this
reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
PUBLIC WORKS AGREEMENT-5
(Under$1OK and No Performance Bond)
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the 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.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with an,
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 alterin,
in any manner this Agreement. All of the above documents are hereby made a part of this Agreemen
However, should any language in any of the Exhibits to this Agreement conflict with any language contained i
this Agreement, the terms of this Agreement shall prevail.
PUBLIC WORKS AGREEMENT-6
(Under$1OK and No Performance Bond)
r
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONTRACTOR: CITY OF KENT:
By: By: "C'
^ (signature) (signature)
Print ame: YyvkOne, Print Name: Donald C. Millett
Its Its: Public Works Operations Manager
(Title) / (Titl)e)
DATE: -`i -c�� DATE: J C��/-_6�
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Anthony R. Mola Sean Bauer r
Utilities Service Company., Inc. City of Kent
12608 east Marginal Way South 220 Fourth Avenue South
Seattle, WA 98168 Kent, WA 98032
(206) 246-5674 (telephone) (253) 856-5616 (telephone)
(206) 260-7118 (facsimile) (253) 856-6600 (facsimile)
P Operations\PWContracts\\Water\Ut111tiesServlceCo.,Ina.\Rebu11d18ActuatorAssembllesWaterTreatmentPlant-07
PUBLIC WORKS AGREEMENT-7
(Under$1OK and No Performance Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of
the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or termination for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this _day of ry)a1r1k , 2001.
By:
For: (� T� 1^ Va
Title: % J-e �
Date: - o-1
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
l. 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.
I. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws,policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I,the undersigned, a duly represented agent ofJ �-k (a f U i C.0_ Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
Exhibit A
UTILITIES SERVICE CO., INC.
12608 E MARGINAL WAY S.
�f
SEMTLE,WA. 98168
AIR COMPRESSORS&INSTALLATION INDUSTRIAL&COMMERCIAL WIRING
SEWAGE TREATMENT EQUIPMENT PHONE: 206 246-5674 WELDING&FABRICATION
WATER PUMPS&SYSTEMS FAX: 206-260-7118 ELECTRICAL CONTRACTING
HINE WORK
SERVICE&REPAIRS EMAIL: tonymola@comcast.net GENERALCRRAANE SERVICE
TROUBLE SHOOTING
METAL SPRAYING
January 31, 2007
City of Kent
Attn: Michael Pan
We are pleased to submit the folloving estimate for your
consideration:
Furnish labor and material to remove (I8) keystone
actuator assemblies from valves at site and deliver
to our shop. Disassemble and rebuild with customer
supplied parts. Return assemblies to site, install,
and test for proper operation.
Estimate: S7783.75
This estimate is good for 30 days and does not include taxes,
permits, or shipping and handling if needed. This job is bid
as close to actual requirements an possible. Hovever, due to
the nature of this particular job, ve reserve the right to
bill all additional required items at cost plus 15%.
Thank you.
rn
Ed Nola
Estimator
-------------------------------------------------------------
PLEASE INDICATE ACCEPTANCE BY COMPLETING THE INFORMATION
REQUESTED BELOW AND FAXING TO 206-260-7118. THANK YOU.
Date Accepted by
POUF Title
EXHIBIT B
INSURANCE REQUIREMENTS FOR
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.
Commercial General Liabilitv 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 1185 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 combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate
and a$2,000,000 products-completed operations aggregate limit.
P•Operations\P WOpsContracts\Water\ExhibitBlnsuranceRequirementsUtilrtiesServiceRebuildI MctuatorsWaterTreatmentP1antN
EXHIBIT B (Continued )
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty(30) days prior written notice by certified
mail,return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the contractor
and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance. The City reserves the right to receive a certified copy
of all required insurance policies. The Contractor's Commercial General Liability
insurance shall also contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor.
P Operations\PWOpsContracts\Water\ExhibitBInsuranceRequirementsUtihtiesServiceRebuildl8ActuatorsWaterTreatmentP1antO7
FROM :USCI FAX NO. :2062483410 Mar. 20 2007 09:55AM P1
UTILITIES SERVICE CO. , INC.
12608 E MARGINAL WAY S
SEATTLE, WA 98168
PHONE: 206-246-5674
FAX: 206-266-7118
EMAIL: tonymola@comcast.net
DATE �'DLO
ATTN
WE ARE TRANSMITTING A TOTAL OF PAGE(S) INCLUDING
THE COVER JETTER.
MESSAGE
o
SIGNED
IF YOU DO NOT RECEIVE THE NUMBER OF PAGES INDICATED ABOVE,
PLEASE CALL 206-246-5674 AND ADVISE SENDER.
FROM :USCI FAX tJO. :2062483410 Mar. 20 2007 09:55AM P2
Commercial Certificate of Insurance FARMERS'
A8`t"y . Cbris Moore -
Narne . 8009 So l80th Suite#102 Is.Sue Date (MM/DD/l'Y) 03/07/2007
& - Ycnt,WA 99032
Address - (425)656-0555 Fax(425)656-1556 This certificate is issued as a matter of information only and confers no tights
upon the certificate holder.This certificate does not amend,extend or alter the
St. 79 Disc. 45 Agent 326
coverage afforded by the policies Shown below.
Companies Providing Coverage:
Insured conwany A Tsuclt Insurancc Exchang
. UTILITIES SERVICE COMPANY INC Letw
Name . 12608 FAST MARGINAL WAY SOUTH Company B Farmers Instri2utce Exchange
[,otter
& • SEATTLE,WA 9816& &�pmy C Mid-Century Insurance Company
Address D
Company
Letter
Coverages
Iliis is to certify that 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 polishes described herein Is subject to all the tears.exclusions and conditions of such policies.Limits shown may have been reduced by
paid claims.
Co' Type of Insurance Policy Number Policy Effective Policy Expitalion Polity Limits
Ltr yp Y Date(MMiDDAY) Date(MM/UD/YY)
A General Liability Generdl Aggregate S 2,000,000
Products-Comp/OPS
Commeraal General
Aggregate S2,000,000
Liabibty - Personal&
>t -Occurrence Version Advertising Injury $ 1,000,000
)c Contractual-Incidental 03472 Each Occurrence S 1,000,000
o�y -43 - !2 10�30/2006 l01i0/2007 Fire Damage
(Any one Fire) S 100,000
)c Owners&Contractors Prot
Medical Expense
(Any one person) S 5,000
A Automobile Liability Combined Single
X All Owned Commercial Limit $ 1,000,000
Auto Bodily In'uty
)e Scheduled Autos I f1 i S
)c Hired Autos 03472-43- 12 I 10/30/2006 10/30/2007 Bodily Injury S
s[ Non-Owned Autos 1 (Peracei tt)
)c Garage Liability I I Property Damage $
Garage Aggregate S
Umbrella Liability Limit S
A- Workers'Compensation 03472--43 - 12 10/30/2006 10/30/20(17 smtory
and Each Accident $ 1,000,000
)c Employers' liability Disease-EarDr•.mploy- S 1,00o,000
Disease-Policy Limit S 1.600,000
Description of Operations/VeMcles/RRestrictions/Speciat items:
Certificate Holder Cancellation
. CITY OF KENT Should any of the above described policies be car !11ed before the expiration date
Name . 220 4TH AVE thereof,the issuing company wUl endeavor to mail 30 days written notice to the
& • KENT,WA 98032 cenifirate holder named to the left,but failure to snail such notice shall unpose no
Ad dress - obllgation or liability of any kind upon the company.its agents or representatives
1�4� ome_
Aut Repauntative
FROM :USCI FAX NO. :2062483410 Mar. 20 2007 09:56AM P3
MAR-is-2007 1!:!9 NW COMML CENTER 503 443 6200 P.01
THIS Eb00RSEti W WANKS IN POLICY.PLEASE READ 0 CAREFULLY.
E4277
Policy Number. 03472-43-12 lst EJitlon
POLICY CHAN611
Effective Dau of Change. 03/07/07 Expiration Date: 10/30/07
Change Endorsement No.: 005 Agent: 79.45-326
Named Insured UTILITIES SERVICE COMPANY INC
12608 I;MARGINAL WAY S
TUKWIIA VA 98168.2563
The following Iran(s).
Insured.'s Name. Insured.'s Mailing Address
Policy Nuxnbcr Company
Effective/Expiration Dam Insured's Legal Status/Business of Insured.
Payment Plan Premium Detcrrninetion
Additional Inoerestrd.parties Coverage Forms and Endorsements
Limits/Exposures Deductibles
Covered Property/Location Description Classification/Class Codes
Rates x UnAerlying Instr—ance
is (are)changed ro read(Sae Additional Pagc(s)):
The above amendments result in a clunge in the premium w follows.
X No Changes To Be Adjusted At Audit Additional Premium Retutn Premium
Audiorizad Rcprc=tatk Signature
ZA
FARMERS
714177 WED@oil 741 Mdodalw*619*64lowmalorlimofRa,loc.*hPMWM U0161 PIM I OF 2
ERTI�I
FROM :USCI FAX NO. :2062483410 Mar. 20 2007 09:56AM P4
MAR-15-2007 11:20 NW COMML CENTER 503 443 6800 P'02
Polity Cheages Endorsemeai Description
ADD ADDITIONAL INSURED ENDORSEMENT FOR CITY OP KENT
ADD CC2503 DESIGNATED CONSTRUCTIONS PROJECT(S)ENDORSEMENT
Removal If Covered Property is removed to a new location that is described on this Policy Change,
Permit you may mcnd tors insurance to include that Covered Property at each location during
the removal. Coverage at each location will apply in the proportion than the value at each
location bears to the valne of all Covered Property being removed.This permit applies up
to 10 days after the effective date of this Policy Change. after that, this insurance does not
apply at the previous location.
9 -91
iST(InON l-0! indudns CWq Ned 9derl4 miaow Smriryl ore,jxt rob a pnnwa E42MOI PAGE 2 Of 2
FROM :IJSC I FAX NO. :2062483410 Mar. 20 2007 09:S7Af1 P5
MAR-15-2007 11:20 NW CDMML CENTER 503 446 btwu •�-
POLICY NUMBER: o847x-g3-72 COMMERCIAL GENERAL20 ABILITY7 04
THIS EN13ORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modify Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHSDULE
N -Of-Addiitional.hiisured Person(s),
or Or a nization s : Locationj!j Of Covered operations
CITY OF KINT 220 4TH AVE
KENT VA 98032
Information required to complete this Schedule if not shown above,-will be shown in the Deof®rations.
A. Section 11 Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional Insured the person(s) or additional Insureds, the following additional exciu-
organization(s) shown in the schedule, but only sions apply:
with respeot to liabilityfor"bodily injury. "property This Insurance does not apply to "bodily Injury' or
damage or personal and advertising injury ••property damage" occurring after:
caused,in whole or in part,by: I. All work, Including materials, parts or equip-
1. Your acts or omissions;or med furnished in connection with such work,
2. The acts or omissions of those noting on your on the project (other then service, maint e-
behalf, nance or repairs) to be performed by or on be.
in the performance of half of the additional insureds at the location
P® xo4rr ongoing operations for �the!,oavered•, t+ { )
the addllonal insured(®) at the looatton(s) desig- opera'orta,,�has.tm completed:
nated above. or
2. That portion of "your work" out of which the
injury or damage arises has beery put to Its In-
tended use by any person or organization other
then another contractor or subcontraotor en-
gaged in performing operations for a principal
as a part of the same project.
CG 2010 07 04 0 ISO Property, Inc., 2004 Page 1 of 1 13
FROM :USCI FAX NO. :2062483410 Mar. 20 2007 09:57AM P6
MAR-15-2007 11:20 NU COMML CENTER 503 443 6800 P.04
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
GG 25 03 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECTS
GENERAL AGGREGATE LIMIT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Projects:
(If no entry appoers above. Informatlon required to complete this endorsement will be shown In the Declara-
tions as applicable to this endorsement.)
A. For all sum% which the Insured becomes legally 3. Any payments made under COVERAGE A for
obligated to pay as damages caused by "occur- damages or under COVERAGE C for medical
rences" under COVERAGE A (SECTION 1), and expenses shall reduce the Designated Con-
for all medical expenses caused by accidents struction Prolect General Aggregate Limit for
under COVERAGE C (SECTION 1), which can be that designated construction project. Such
attributed only to ongoing operations at a single payments shall not reduce the General Ag-
designated construction project shown In the gregate Limit shown in this Declarations nor
Schedule above: shall they reduce any other Designated Con-
t. A separate Designated Construction Project struction Project General Aggregate Limit for
General Aggregate Limit applies to each any other designated construction project
designated construction project, and that limit shown in the Schedule above.
is equal to the amount of the general Aggre. 4. The limits shown in the Declarations for Each
gato Limit shown in the Declarations. Occurrence, Fire Damage and :"edical Ex-
2. The Designated Construction Project General pense continue to apply. However, Instead of
Aggregate Limit is the most we will pay for being subject to the General Aggregate Limit
the sum of all damages under COVERAGE A. shown In the Declarations, such limits will be
except damages because of "bodily injury" subject to the applicable Designated Con-
or "property damage" included In the struction Project General Aggregate Limit,
"products-completerd-operations bszard"r and-
for medical expenses under COVERAGE C
regardless of the number of:
a. Insureds;
b. Claims made or"suits" brought; or
c. Persons or organizations making claims
or bringing "suits".
CG 25 03 03 97 Copyright, Insurance Services office, Inc., 1996 Page 1 of 2 D
PUBLIC WORKS OPERATIONS
Donald C. Millett
Operations Manager
�••� KEN T 220 4th Avenue South
Kent, WA 98032
WASHINGTON Fax: 253-856-6600
PHONE: 253-856-5600
March 20, 2007
Mr. Anthony R. Mola
Utilities Service Co., Inc.
12608 East Marginal Way South
Seattle, WA 98168
Dear Mr. Mola:
We have received the two signed originals of the contract between Utilities Service Co.,
Inc. and the City of Kent for the removal,rebuild, and return installation of 18 keystone
actuator assemblies from valves at the 212th Street Water Treatment Plant.
Also, thank you for faxing the appropriate proof of insurance. 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-1111kd""d & �4'-)a4(Zr'
Sean Bauer
Water Quality Field Supervisor
SB:rcb
Enclosure: Public Works Agreement between City
of Kent and Utilities Service Co., Inc.
3
a�
v
3
3
0 MAYOR SUZETTE COOKE
Ci of Ken Public Works Department
P:Operations\PWOpsContracts\CoverLetterSignedContractUtilitiesServiceCoBebuildl� c� {8WJMe, t0b1*Wrks Director