HomeMy WebLinkAboutPW09-006 - Original - Columbia Basin Water Works - Testing of Large Distribution Water Meters - 01/14/2009 RR
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KENGN WASH NGTON Document
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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 Clerk's Office.
Vendor Name: Columbia Basin Water Works, Inc.
Vendor Number: 39858
ID Edwards Number
Contract Number: A009 - oo(o
This is assigned by City Clerk's Office
Project Name: Testing of Large Distribution Water Meters
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 1/14/09 Termination Date: 3/15/09
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Elbert English, Water Distribution Lead
Department: Public Works Ooperations
Detail: (i.e. address, location, parcel number, tax id, etc.):
3,
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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KENT
WP5 HI..TON
PUBLIC WORKS AGREEMENT
between City of Kent and
Columbia Basin Water Works
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Columbia Basin Water Works organized under the laws
of the State of Oregon, located and doing business at 405 Church Street, Gaston, Oregon
97119; phone 503-985-1231 (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Test large distribution water meters (3 inch and larger).
Testing shall be conducted in accordance with AWWA standards (plus or minus 3%
accuracy) by a certified tester. In the event the meter does not meet AWWA
standards, it will be calibrated or repaired by a certified independent tester.
The City reserves the right to replace the meter in lieu of calibration or repair.
Meters to be tested are listed in Exhibit A (attached and incorporated by reference).
The testingis scheduled to take lace January 22-29 and February 23-26.
P rY
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I within sixty
(60) days from the effective date of this Agreement.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
ten thousand dollars ($10,000) based on an hourly rate of fifty dollars ($50.00) per hour, plus
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)
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.
F. The Contractor's breach of any portion of this Agreement.
PUBLIC WORKS AGREEMENT - 2
(Under$10K and No Performance Bond)
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.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
PUBLIC WORKS AGREEMENT - 3
(Under$10K and No Performance Bond)
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 correct any defects within seven (7) calendar days of its receipt of notice from the City of the
PUBLIC WORKS AGREEMENT - 4
(Under $10K and No Performance Bond)
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 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.
XV. MISCELLANEOUS PROVISIONS.
PUBLIC WORKS AGREEMENT - 5
(Under$10K and No Performance Bond)
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
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 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 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.
PUBLIC WORKS AGREEMENT - 6
(Under$10K and No Performance Bond)
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR: CITY OF KENT:
By: kVA' C ,1 By: �.
(signature) (sign ture)
Print Name: o l,- s Print Name: Donald C. Millett
Its oft!, t �� Its: Public Works Operations Manager
(Title)
DATE: l - v DATE: (Title)
�_ I9_D�t
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Joseph Tyson Elbert English, Water Distribution Lead
Columbia Basis Water Works, Inc. City of Kent
405 Church Street 220 Fourth Avenue South
Gaston, Oregon 97119 Kent, WA 98032
(503) 985-1231 (telephone) (253) 856-5600 (telephone)
(503) 985-1249 (facsimile) (253) 856-6600 (facsimile)
P Operations\PWOpsContracla\WWr\Col=blaBasMWaMlWorks2007ContraCToTedUrpeMatm
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.
r willful) misrepresents themselves with regard to the
If an contractor, subcontractor or supplier y p 9
Y P
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 I i day of Jan r , 200�.
By: Lk
For: K-•L.
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY 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
I
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 ofJM'
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as Me r�,tLn that was entered into on the_
(dates I- 1 i - 3 c , 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 � (AV_V.Ar� , 200__�__.
For: -e,*
Title: �w,-.-c ✓ � l�a s, v1-c .�.�'
Date:
EEO COMPLIANCE DOCUMENTS - 3
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EXHIBIT B
INSURANCE & INDEMNITY REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages 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, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Contractor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of
this Agreement.
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the 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 11 85. 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.
POperationsTWOpsContracts\Water\ExubitBinsuranceRegwrementsColumbiaBasmWaterWorksLargeMeterMamt-09 Page I
Exhibit B (continued)
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (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 3.
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
coverage for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
P Operations\PWOpsContracts\Water\ExhibitBInsuranceRequirementsColumbiaBasmWaterWorksLargeMeterMamt-09 Page 2
01/12/2009 13 14 FAX 5036463962 (2 001/001
Y
ACORD� CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDnYYY,
D7112I2009
PRaouc¢R Phone:(503)641.3131 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Trlco Insurance,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 1540 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Beaverton,OR 97075
INSURERS AFFORDING COVERAGE NAIC 4
INSURED INSURER A' AUSTIN MUTUAL INSURANCE COMPANY
COLUMBIA BASIN WATER WORKS,INC, tN&OAeRa
PO BOX 476 INSURERC
GASTON,OR 97119 INSURER D'
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 RED UCED BY PAID CLAIMS
]NOR= POLICY NUNIBBR POQCY BfPBCTItlf POLCY xPIRATI ry DATE IMMIDDITY1 DATE I LIMITS
A Y GENERAL LIABILITY SP1706029 01/20/2009 01/2012010 EACH OCCURRENCE a 1 OOQOQO
X OOMMEACIALGENERALLIABLITY PREMISES s 100,000
CLAIMS MADE C OCCUR MEP EXP(Any one Man 5,000
PERSONAL S ADV INJURY $ 1 000000
GENERALAGGREGATE $ 2,PQO�OOD
GEN'L AGGREGATE UMR APPUF$PER.I PRODUCTS•COMPIOP AGG I 2000000
POLICY PR4 LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMB $
ANY AUTO (EA AECealt)
AFL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTO& (Par p"o")
HIRED AUTOS BODLYINJURY S
NON•OWNEO AUTOS (Per aelemt)
�• - PROPERTY DAMAGE S
(Per eoalaenl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN Psi ACC S
AUTO ONLY, AGG S
EXCESSRRIBRELLALIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE S
DEDUCTIBLE t $
"'------"'•••III RETENTION I I
WORKERS COMPENSATION AND WC TAU OTH•
EMPLOYERS'LIABIUTY
ANY PROPRI ETC PJPAR7NER/EXECUTNE EL EACH ACCIDENT S
OFFICERIMEMEER EXCLUDED?
E.L.DISEASE•EA EMPLOYCi S
II dtuorpe UnCer
S IAL PR 10 S Wla+•' E L DISEASE•POLICY LIMB $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROV181ONS
THE CITY OF(CENT SHALL BE AN ADDITIONAL INSURED AS RESPECTS COVERED OPERATIONS OF THE INSURED.
CERTIFICATE HOLDER CANCELLATION
INOULD ANY OF THE ABOVE DESCRISED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MA L—M—DAYS WRITTEN
THE CITY OF KENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SMALL
220 4TH AVE S IN-=NO 0&LIOATION OR Lm LrrY OF ANY TONG UPON THE INSURER,ITS AGENTS OR
KENT,WA 98032 REPRESENTATIVES '
AUTHORIZED REPRESENTATIVE
c,(.P�I FJQ
ACORD 25(2001108) ACORD CORPORATION 198E
Printed by FJQ on January 12,2000 at 01 28PM
I
P�
R � 1-
ac a" CERTIFICATE OF LIABILITY INSURANCE 2112106
PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
State Farm Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2202 ?acific Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Forest Grova, Cr 97116 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAJC N
INSURED INSURER A
Rebecca & Joseph Tyson
PO Box 476 IMISURERB
Gastor, Or 97119-C976 I INSURER
INSURER D
INSURERE
COVERAGES
THE POLC3ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MCATED 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
POLICES.AGGREGATE LIMITS CLAIMS.
t _ SHOWN MAY HAVE BEEN REDUCED BY PAID CLA k AWt POLICY EFFECTIVE POLICY EXPIRATION
OR limmi TYPE OP INSURANCE POLICY NUMBER DATE M D TE N UAIITS
GENERAL INABILITY FJICHOCCTURRENCE S
COMMERCIAL GENERAL LIABILITY PREMISES Eaocarrerr_B I.
CLAMS MADE n OCCUR WDEXPVAnyore S
PERSONAL B ADV INJURY S__
_ I GENERAL AGGREGATE S
GENLAGGRECATELMTAPPLESPER PRODUCTS-COLPIOPAGG S
-
POLICY .PROECT LOC
AUTOMOBILE LIABILITY 0086615BO737M 08/07/08 02/10/09 COM9INED SINGLE LINT
(Ee aa.-deT1) a 1,000,OCO
ANr Auro
ALL OWNED AUTOS BODILY NJUR•( S
X SCTIEOULEO AUTOS (Per Pl+<>°A)
HIIEO AUTOS ,9000.Y INJURY $
' NOf+OWNED AUTOS
(Per aoadem)
PROPERTY DAMAGE $ 500,000
(Per a deg)
GARAGE LIABILITY AUTO ONLY—FA ACCIDENT S
ANYAUTO OTHERTHAN EA ACC S
AUTO ONLY
AGG S
EXCESSRIMBRELLA LIABILITY a� EACHOCCURRENCE S
OCCUR r7 CLAMS MADE AGGREGATE S
5
DEQUICTHSIE 5
RETENTION S y
WORKERS COMPENSATION AND WC STAIN• OTH-
EMPLOYIEWU4BILiTY ORYL= i ER
ANY PROPRIETORNPARTNERfEXECUTIVE ELEACH ACCIDENT S
OFFICE IMEMSER EXCLUDED?
If 4yes6 desu be Undar E L DISEASE-EA EMPLOYEE S
SPEG�IAL PROVISIONS bafb E L DISEASE-POLICY LIMIT
OTHER
DESCRIPTION OF OPERATM>HS I LOCATIONS!VEHICLES I EXCLUSIONS ADDED BY ENDORSIXENNT I SPEC=PROVISIONS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DEBCWREO POLICIES BE CANCELLED SEFDRE THE E"ATION
DATE THEREOF,THE ISSUING INSURER WILL @IDEAVOR TO MAIL _ DAYS WRITTEN
NOTICE TO THE CER nF CATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DD SO SMALL
IMPOSE NO OBLIGATION OR LAWLITY OF ANY KED UPON THE INSURER,ITS AGENTS OR
II REPRESENTATIVES.
REPRESNTATIVE
r-ia -09
03-T3- e registration no s indicate ownership D m y elr re Pre owrlels �
'32849 2CD7 !ry!d
p1
JANUARY 12, 2009
AUTO POLICY STATUS
H PHONE: (503) 985-1231
TYSON, REBECCA & JOSEPH MUTL 008 8615-BO7-37M IRG: 18 LRG: 05
PO BOX 476 TERR: O11
GASTON OR 97119-0476 06 DODGE 2500 CLASS: 1D3F40H000
VAN ACC FREE: AUG-07-01
VIN: WDOPD744565958501 BIRTH: NOV-25-80
STATUS:SFPP DUE DATE: TERM DATE: TOT PREM: 424. 09
AMT DUE:SFPP OXD:FEB-07-DO COV DATE:AUG-07-08 PREV PREM: 423.27
A 1MM /1MM /500 213. 98 U1 1MM /1MM /10 74.20
P1
D500 23.44
G500 107.67
H 4 .80
SFPP ACCT: C408-8659-15
ANT PAID: SFPP DATE PAID: SFPP
CRI 1640, AGE 28, MCD 75.62, AFD 6YR $80. 42, VSD
8% 18 . 61, ODM 269 12-06, REPLACED IRG 019,
MLD 17% $70. 68 HOMEOWNERS.
NAME: TYSON, REBECCA & JOSEPH H PHONE: (503) 985-1231
REPLACED POLICY: 0089615-37L POLICY FORM: 9837B
EXCEP. & END: FINANCED - 52888, ON POINT COMMUNITY CREDIT UNION INSURANCE
SERVICE CENTER PO BOX 3755 PORTLAND OR 97208-3750, RESIDENCE - 405 CHURCH
ST, GASTON, OR 97119.
REC CHG:
COV. S NAMES S AMT
CAMILLE MILLER
2202 Pacft Avenue
Forest Grove,Cft 97116
IN WEANCE Ofl (503)357.9511
Fax (5)3)359-5574
Home:(503}357-5992
p2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed A statement
on this certrficate does not confer rights to the certificate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, subject to the berms 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 insurer(s), authorized representative or producer, and the certificate holder, nor does it
affr-matrvely or negatively amend, extend or after the coverage afforded by the pohcies listed thereon
4
ACORD 25(2001108)
STATE OF OREGON
CONSTRUCTION CONTRACTORS BOARD
RESIDENTIAL
SURETY BOND
CCB#(if already issued)173683 Surety company's bond#799476C
COLUMBIA BASIN WATER WORKS, INC (the "Principal'I
is a"residential contractor"as defined by ORS 701.005. The Principal is applying for a license and residential endorsement from the
Construction Contractors Board of the State of Oregon, or for renewal of its license and endorsement, and as a condition of the
license is required by ORS Chapter 701 to famish a bond in the penal sum of$15,000 00 , issued by
a corporation authorized to do business in the State of Oregon(the "Surety', subject to the conditions stated in this bond
Developers Surety and Indemnity Company (the "Surety'l
hereby bmds itself,its respective heirs,personal representatives, administrators, successors and assigns to pay to the State of
Oregon the sum of$15,000.00
The obligation of the Surety under this bond is void if in accordance with ORS Chapter 701 and OAR Chapter 812 the Principal
pays all amounts that are ordered by the Construction Contractors Board to be paid by the Principal; otherwise this obligation
remains in full force and effect.
This bond is for the exclusive purpose of ensuring payment of final orders of the Construction Contractors Board in accordance
with ORS Chapter 701
This bond is one continuing obligation,and the liability of the Surety for the aggregate of all claims which may arise under this
bond may in no event exceed the amount of the penal sum of this bond.
This bond is effective on the date the Principal meets all requirements for licensing or renewal and remains continuously in effect
until depleted by claims paid under ORS Chapter 701, unless the Surety sooner cancels the bond The Surety may cancel this
bond and be relieved of further liability for work performed by the Principal on contracts entered after cancellation by giving 30
days'written notice to the Principal and the Construction Contractors Board of the State of Oregon Cancellation does not limit
the responsibility of the Surety for final orders relating to the work period as defined by OAR Chapter 812
This bond shall not be valid for purposes of licensing in accordance with ORS Chapter 701 unless filed with the Construction
Contractors Board within sixty(60)days of the date shown below.
Surety represents and warrants that it is authorized to transact surety business in the State of Oregon
Dated this 7TH day of January 2009
SURETY. rd
Nam De elo ers Sure and Indemni Company
By � Please note:_ This lion&-is not valid
'
aaire until fled and licensing is completed
with the Constriction Contractors Board_
As ATTORNEY-IN-FACT
JILL QUICK
Printed Name of Attorney-in fact or Agent s° AND
Attorney-In-FactQppRga�F -
Title e y`C,O TF Z 5
PO BOX 1540 (503)641-3131 W OCT.
Agency Address Phone =o�:: 1 9 3
BEAVERTON,OR 97075 -���o,towP •tiaa°
City State Zip *,,,,•'
PLEASE COMPLETE THE CHECKLIST ON THE BACK OF THIS FORM
LIMITED POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725 IRVINE,CA 92623 (949)268-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do
each severalty butnotlointly hereby make,constitute and appoint JILL QUICK
AUTHORITY LIMITED TO BOND NUMBER 799476C
BOND AMOUNT$15,000 00
as the true and lawful Attomey(s}m-Fact,to make,execute,defiver and acknowledge,for and on behalf of said corPgrabors,as sureties,bonds,undertakings and contracts of suretyship
giving and granting unto said Attomey(s)-m-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connecbon therewith as each of said
corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s}m-Fact,pursuan1to these presents,are
hereby ratified and confirmed
This Power of Attorney is granted and is signed by facsimile under and by authonty,of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporabon be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship,and that the Secretary or
any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Ahomey,
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or cerbficate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond undertakng
or contract of suretyship to which it is attached
IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Executive Vice President and attested by their respective Secretary this 1st day of January,2008
By �.............�..., PAN Y
Stephen T Pate,SenwrVicePresiden rr ''" pit UflPO
�pR �F �� 2 �fl4O '+'+
OCT. a<g 2 OCT 5 �
BY 1936
ChadesLDay,Assistant Secretary raa,• 1867
•?p�0+ taWa�.r�ta1•,•r 911F0
State of California 'tr«,,,H * •�,,s•'�
County of Orange
On January 1st,2008 before me, Christopher Roach,Notary Pubhc
Date Here Insert Name and Title of the Officer
personally appeared Stephen T Pate and Charles L Day
Names)of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name($)islare subscribed to
i the within instrument and acknowledged to me that he/sheflhey executed the same in hislherttheir authorized
$, capaaty(ies),and that by his/her/theirssignature(s)on the instrument the person(s),or the entity upon behalf of
CHRIi RA(1'� which the person(s)acted,executed the instrument
NOTARYL I certify under PENALTY OF PERJURY under the laws of the State of C oing paragraph is
ORANGOLWTY true and correct
caarr3 rent: 10,2011 WC10
Witness my hand so I seal 2w
Place Notary Seal Above Signature �z—
Signature of No fic,Christopher J Roach
CERTIFICATE
The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA does hereby cer*
that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provision of the resolutions of the respective Boards of Directors of said
corporations set forth in the Power of Aftomey,are in force as of the date of this Certificate
This Certificate is executed in the City of Irvine,California,the 7TH day of January 2009
By
AlbertHdleb rand,Assistant ecretary
ID-1 381(Wet)(Rev 07107)
PUBLIC WORKS OPERATIONS
Donald C Mdlett
Operations Manager
2204th Avenue South
Kent, WA 98032-5838
KENT Fax 253-856-6600
WASHINGTON
PHONE: 253-856-5600
January 14, 2009
Mr. Joseph E. Tyson
Columbia Basin Water Works, Inc.
405 Church Street
Gaston, Oregon 97119
Dear Mr. Tyson:
We have received the signed originals of the contract between Columbia
Basin Water Works, Inc. and the City of Kent for the testing of large
distribution water meters. We have also received your required proof of
insurance. The contract has been signed by our Public Works Operations
manager, and we are ready to have you proceed with the work. Please
note, however, that prior to your second week of work (February 23-26,
2009), you will need to provide us with a new proof of current automobile
liability insurance since your current coverage expires February 10, 2009. J
Enclosed is one fully signed contract for your records. In the meantime, if
you have any questions, feel free to call me at 253-856-5600.
Sincerely,
Elbert English
Water Distribution Lead
EE:rcb
Enclosure: One fully signed original of the 2009 Public
Works Agreement between the City of Kent and
Columbia Basin Water Works, Inc.
3
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3
3
3
MAYOR SUZETrP g TUT�E City o Kent Public Works Department
Larry R Blanchard, Public Works Director