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HomeMy WebLinkAboutFD09-202 - Original - L.N. Curtis & Sons - Fire Hose Purchase - 07/02/2009 E ecords Mamtgementn KENT Document WASHINGTON -sr� µI 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: LN Curtis Vendor Number: 33299 JD Edwards Number Contract Number: T 009- a0Q, This is assigned by City Clerk's Office Project Name: Goods and Services Agreement - Fire Hose Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 7/2/2009 Termination Date: 12/31/2009 Contract Renewal Notice (Days): 30 days Number of days required notice for termination or renewal or amendment Contract Manager: Ken Weatherill Department: Fire Detail: (i.e. address, location, parcel number, tax id, etc.): S'Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 0000 KENT WASHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and L.N. Curtis & Sons THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and L.N. Curtis & Sons organized under the laws of the State of Washington, located and doing business at 629 So. Industrial Way, Seattle, WA 98108 (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: 40 sections of 1 3/4" fire hose 65 sections of 2 1/2" fire hose (see Exhibit A) 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 by December 31, 2009. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $21,947.16, 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 the City's receipt and acceptance of the goods purchased by this Agreement, the City will remit payment by check to the vendor within 30 days. GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to 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. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to 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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should 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; GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the 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). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, 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. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the 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. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any 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 GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. 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 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: IL 01L By: ignature (signature) Print Name: ToL,h Ce4'��� Pr' t N Suzette Cooke Its Otv� e� It Ma or GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) DATE: Ia '�1oq DATE:— NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Mark LeMay Ken Weatherill L.N. Curtis & Sons City of Kent 629 So. Industrial Way 220 Fourth Avenue South Seattle, WA 98108 Kent, WA 98032 206-622-2875 (telephone) (253) 253-856-4300 (telephone) 206-622-2723 (facsimile) (253) 253-856-6300 (facsimile) APPROVED;ATO FORM: i t Ke t Law artment P Admin\Contrads\l N Curtls GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, 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 _ day of 3�>h2, , 2001. By: For: :rP hoy2 Title: �iv�S`'c, ,ngcyeY Date: �,11 �5 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 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 1200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 x ri t�,p (phone))800-426-665 L N CuRus & SONS Northwest triDivisionl toll free 800-426-6633 • • 629 So Industrial Wa (fax) 206-622-2723 Seattle, Washington 98108 nwsales@lncurtis coin TOOLS FOR HEROES® since 1929 www LNCURTIS corn QUOTATION DATE TERMS F.O.B. TOLL FREE FAX QUOTATION NO. 05/07/09 NET 30 DAYS L.N.CURTIS & SONS-li 2067692.00 This quotation subject[o acceptance within 30 days Shipment contingent upon strikes, fires,accden`s or ether delays beyond reasonable control for the company TO• CITY OF KENT, FIRE DEPT. LN Curtis and Sons retains ownership and title to all equipment until ally paid for in legal money of the Jrdted States of America ATTN: BRIAN DODGE A prices quoted subject to applicable Federal,State County or City Taxes and Licenses 220 4TH AVENUE SOUTH KENT, WA 98032 L.N.CURTIS AND SONS By JOSH WOOD QUANTITY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 40 EA DBSB17X50Y15NH NAFH 1.75X50' CPLD 1.5NH YEL 154.00 6160.00 DBSOOSP DURABUILT HOSE W/ LIGHT GAUGE FRICTION FIGHTER RUBBER LINER **RED HEAD WITH STAMPED COUPLINGS AND STENCILING PER CITY OF KENT SPECIFICATIONS ** 65 EA DBS825X50Y25NH NAFH 2.5X50' CPLD 2.5NH YEL 215.00 13975.00 DB800SP DURABUILT HOSE W/ LIGHT GAUGE FRICTION FIGHTER RUBBER LINER ** READ HEAD WITH STAMPED COUPLINGS AND STENCILING PER CITY OF KENT SPECIFICATIONS ** ** FREE SHIPPING INCLUDED! ** ** THANK YOU FOR THE OPPORTUNITY TO QUOTE. ** Taxes 1812.16 Total 21947.16 Last Page EXHIBIT B INSURANCE REQUIREMENTS FOR GOODS & SERVICES 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: 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. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 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. EXHIBIT B (Continued) 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. MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER SEA-001281110-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH RISK&INSURANCE SERVICES NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 345 CALIFORNIA STREET,SUITE 1300 POLICY THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE CALIFORNIA LICENSE NO 0437153 AFFORDED BY THE POLICIES DESCRIBED HEREIN SAN FRANCISCO, CA 94104 COMPANIES AFFORDING COVERAGE COMPANY 100377—CAS-09-10 A Travelers Property Casualty Company Of America INSURED COMPANY L N CURTIS&SONS,INC B Travelers Indemnity Co 1800 PERALTA STREET OAKLAND,CA 94607 COMPANY C Travelers Indemnity Co Of CT COMPANY D COVERAGES 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE PO'I PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICAT 'BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS CONDITIONS AND EX' LUSIONS OF S DLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTNE POUCY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MMIDDIYY) A GENERAL LIABILITY 630-153D0132-TIL-09 04/01/09 04/01/10 GENERAL AGGREGATE $ 2,000,000 X I COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG $ 2,000,000 C1 CLAIMS MADE Lx_I OCCUR PERSONAL 8 ADV INJURY $ 1,000,000 OWNERS 8 CONTRACTOR SPROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Am one erson) $ 5,000 A AUTOMOBILE LIABILITY 810-15300132-TIL-09(ADS) 104101109 04/01/10 COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO BA-349OC18A-09-CAG(HI) 04/01/09 04/01/10 ALL OWNED AUTOS BODILY INJURY $ (Per Person) SCHEDULED AUTOS - X HIREDAUTOS BODILY INJURY $ I__ (Per accident) X NON-OWNED AUTOS _ l X (COMP/COLL DIED$1,000 PROPERTY DAMAGE $ GARAGE LIABILITY i AUTO ONLY-EA ACCIDENT $ F I ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT_ $ AGGREGATE ' $ EXCESS LIABILITY EACHOCC_URREN_C_E $ fIf_ UMBRELLA FORM AGGREGATE $ I OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WCS A - C UB-328D5953-09 04/01/09 04I01l10 X TOR STATUS T ___ EMPLOYERS'LUIBILITY - EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ X I INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE I _. SE OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 ,OTHER 1 � I i DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESrSPECIAL ITEMS RE CONTRACT OFR HOSE PURCHASE THE CITY OF KENT IS INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY POLICY AS RESPECTS WORK PERFORMED BY L N CURTIS&SONS WITH REGARD TO CONTRACT FOR HOSE PURCHASE CERTIFICATE HOLDER CANCELLATION L.,,'�Op„ I ,� SHOU-D ANY OF THE FO-LIES DESCRIBED HEREIN BE C.ANCE-. D BEFCAE THE EXPIRATION DATE THEREOF •.•yf' THE INSURER AFFORDING COVERAGE WL_ ENDEAVOR TO MAIL _ 30 DAYS WRITTEN NOTICE TO THE CITY OF KENT FIRE DEPARTMENT CERTIFICATE NO-DER NAMED HEREIN BUT FALURE TO 4,U-SUCH NOTICE SMA—IMPOSE NO OBJGATIIN OR ATTN KEN WEATHERILL [� 220 FOURTH AVENUE SOUTH Y11 it 1 -MBIJTYOFANY r OUPONTHEINSURERAFFORg NT NGCOVERAGEITSAGESCRREPRESENTATNESORTHE KENT,WA 98032 , ��)q ISSUER OF THIS CERTIFICATE AUTHORIMM REPREBEIITATNE - d Mwoh R"6 Irwimcn senrcil 'By] Jdl S Sauer o'er MM1(3102) VALID AS OF:04/02109 MARSH RISK&INSURANCE SERVICES 345 CALIFORNIA STREET,SUITE 1300 CALIFORNIA LICENSE NO 0437153 SAN FRANCISCO,CA 94104 0005M CITY OF KENT FIRE DEPARTMENT M-00056B ATTN:KEN WEATHERILL 220 4TH AVE S KENT WA 98032-5838 941 II�LJ��IJL���JI,I,IIII loll l,I6II166IIII loll 1111111811 000888 COMMERCIAL GENERAL LIABILITY POLICY NUMBER:Y-630-153D0132-TIL-08 ISSUE DATE:03-04-09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S)OR ORGANIZATION(S): CITY OF RENT FIRE DEPARTMENT 220 FOURTH AVENUE SOUTH KENT, WA 98032 PROJECT&OCATION OF COVERED OPERATIONS: CONTRACT FOR HOSE PURCHASE f. WHO IS AN INSURED—(Section 1€) is amended b) The insurance provided to the additional in- to include the person or organization shown in the sured does not apply to "bodily injury", "prop- Schedule above, but: erty damage° or "personal injury" arising out a) Only with respect to liability for°bodily Injury", of the rendering of, or failure to render, any "property damage"or"personal injury";and professional architectural, engineering or sur- b) If, and only to the extent that, the injury or veying services, including: damage is caused by acts or omissions of 1. The preparing, approving, or failing to you or your subcontractor in the performance prepare or approve, maps, shop draw- of "your work" on or for the project, or at the ings, opinions, reports, surveys, field or- location, shown in the Schedule The person Tiers or change orders, or the preparing, or organization does not qualify as an addi- approving, or fatling to prepare or ap- tional insured with respect to the independent prove,drawings and specifications;and acts or omissions of such person or organiza- I€. Supervisory, inspection, architectural or lion. engineering activities. 2. The insurance provided to the additional insured c) The insurance provided to the additional in- by this endorsement is limited as follows: sured does not apply to "bodily injury" or a) In the event that the Limits of Insurance of °property damage" caused by 'your work" this Coverage Part shown in the Declarations and included in the "products-completed op- exceed the limits of liability required by a erations hazard" unless a "written_ contract 'written contract requiring insurance" for that requiring insurance" specifically requires you additional insured, the insurance provided to to provide such coverage for that additional the additional insured shall be limited to the insured, and then the insurance provided to limits of liability required by that"written con- the additional insured applies only to such tract requiring insurance". This endorsement "bodily injury" or 'property damage" that oc- shall not increase the limits of insurance de- curs before the end of the period of time for scribed in Section III—Limits Of Insurance. which the "written contract requiring insur- ance" requires you to provide such coverage CG D2 47 08 05 0 2005 The St Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is i. Immediately record the specifics of the earlier. claim or"suit"and the date received, and 3. The insurance provided to the additional insured if. Notify us as soon as practicable by this endorsement is excess over any valid and The additional insured must see to it that we collectible "other insurance", whether primary, receive written notice of the claim or"suit" as excess, contingent or on any other basis, that is soon as practicable. available to the additional insured for a loss we cover under this endorsement. However, if a c) The additional insured must immediately "written contract requiring insurance" for that ad- send us copies of all legal papers received in ditional insured specifically requires that this in- connection with the claim or "suit", cooperate surance apply on a primary basis or a primary with us in the investigation or settlement of and non-contributory basis, this insurance is pri- the claim or defense against the "suit", and mary to "other insurance" available to the addi- otherwise comply with all policy conditions. tional insured which covers that person or organs- d) The additional insured must tender the de- zat[on as a named insured for such loss, and we fense and indemnity of any claim or "suit" to will not share with that"other insurance". But the any provider of 'other insurance"which would insurance provided to the additional insured by cover the additional insured for a loss we this endorsement still is excess over any valid cover under this endorsement. However,this and collectible "other insurance", whether pri- condition does not affect whether the insur- mary, excess, contingent or on any other basis, ance provided to the additional insured by that is available to the additional insured when this endorsement is primary to "other insur- that person or organization is an additional in- ance" available to the additional insured sured under such'other insurance". which covers that person or organization as a 4. As a condition of coverage provided to the named insured as described in paragraph 3. additional insured by this endorsement. above a) The additional insured must give us written 5. The following definition is added to SECTION V. notice as soon as practicable of an 'occur- —DEFINITIONS: rence" or an offense which may result in a "Written contract requiring insurance" means claim To the extent possible, such notice that part of any written contract or agreement should include under which you are required to include a €. How, when and where the "occurrence" person or organization as an additional in- or offense took place; sured on this Coverage Part, provided that ii. The names and addresses of any injured the "bodily injury" and "property damage" oc- curs and the "personal injury"is caused by an persons and witnesses;and offense committed: [if. The nature and location of any injury or a. After the signing and execution of the damage arising out of the occurrence or g g 9 9 "occurrence" contract or agreement 6y you; offense b. While that part of the contract or b) If a claim is made or"suit" is brought against agreement is in effect; and the additional insured, the additional insured c. Before the end of the policy period. must: Page 2 of 2 0 2005 The St Paul Travelers Companies, Inc. CG D2 47 08 05