HomeMy WebLinkAboutPW10-008 - Original - G C Systems, Inc. - Inspect, Rebuild or Repair of Cla-Valves - 01/21/2010 a1 __
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KENT ~rs- y
WASHINGTON ��- 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 Clerk's Office.
Vendor Name: CG Systems
Vendor Number: 33084
JD Edwards Number
Contract Number:
This Is assigned b City Clerk's Office
9 Y Y
Project Name: Inspection & Repair of Cla-Valves at 2 Water Sites
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 1-21-10 Termination Date: 3-1-10
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kevin Swinford Department: Public Works Operations
gep
Detail: (i.e. address, location, parcel number, tax id, etc.):
S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
WAS HIN GTON
PUBLIC WORKS AGREEMENT
between City of Kent and
GC Systems, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and GC Systems, Inc. organized under the laws of the State
of Washington, located and doing business at 2310 Inter Avenue, Puyallup, Washington 98372,
Phone (800) 525-9425; Fax (253) 939-3474 (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:
- Supply labor to inspect, rebuild and/or repair City-owned Cla-Valves listed below:
Pump Station 6: 2" 58EG-011 6" 90G-01AB; Armstrong Springs: A-1: 1 3" 61G-02,
8" 51G-01BCS/131-01ABCS; A-2: 4" 61G-02, 8" 51G-01/131-01ABCS
- Supply necessary rubber parts needed for rebuilding all valves listed in proposal
including gaskets, o-rings, and sealants
- Note additional information in Exhibit A, Scope of Work, 2010 Valve Rebuild List
and Contractor's proposal which are attached and incorporated by reference.
Contractor further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region 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 March 1,
2010 .
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
Four thousand one hundred six dollars and 25/100, including any applicable Washington State
Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the
Contractor the following amounts according to the following schedule:
PUBLIC WORKS AGREEMENT - 1
(Under$10K - OPTIONAL PROCESS)
City will pay Contractor for the services contracted herein within thirty (30) days of
acceptance of the work performed and receipt of an invoice.
A. No Payment and Performance Bond. Because this contract is under $10,000,
the City has elected to waive both the performance/payment bond and
retainage requirements of Chapter 39.08 RCW.
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 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. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. 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.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Contractor's services and is a service other than that
furnished by the City, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as
that involved under this Agreement.
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PUBLIC WORKS AGREEMENT - 2
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D. The Contractor 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 Contractor has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Contractor's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW
or an electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and
earnings of its business.
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 Contractors 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.
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
PUBLIC WORKS AGREEMENT - 3
(Under$1OK - OPTIONAL PROCESS)
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
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.
PUBLIC WORKS AGREEMENT - 4
(Under$1OK - OPTIONAL PROCESS)
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
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
PUBLIC WORKS AGREEMENT - 5
(Under$1OK - OPTIONAL PROCESS)
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.
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
PUBLIC WORKS AGREEMENT - 6
(Under$1OK - OPTIONAL PROCESS)
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 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.
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.
CONTRACTOR: CITY OF KENT:
By: By:
(si nature) (signature)
Print Nan: A0, Print Name: Donald C. Millett
Its RCSI DENT Its: Manager, Public Works Operations
le
DATE: V /)0 DATE:
PUBLIC WORKS AGREEMENT - 7
(Under$10K - OPTIONAL PROCESS)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Sarah Sleight Kevin Swinford, Public Works Operations
GC Systems, Inc. City of Kent
P. 0. Box 848 220 Fourth Avenue South
Puyallup, WA 98390 Kent, WA 98032
(800) 525-9425 (telephone) (253) 856-5600 (telephone)
(253) 939-3474 (facsimile) (253) 856-6600 (facsimile)
P Operations\PWOxContract\Water\GCSystems\2010CIaValye0ms[e opm Repar2WaterLocationsl-10
PUBLIC WORKS AGREEMENT - 8
(Under$10K - OPTIONAL PROCESS)
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 /9' day of ,ate
By: / --�—
For:
Title: V �Sl
Date:��q/lU
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
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the_
(date) , between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A Scope of Work
PUBLIC WORKS
• Tim LaPorte, P E , Director
KENT
WAS..NGTON OPERATIONS DIVISION
Don Millett, Manager
Phone 253-856-5600
Fax 253-856-6600
Mailing Address 220 Fourth Avenue South
Kent, WA 98032-5895
Location Address 5821 South 240th
2010 Cla-Valve Maintenance and Rebuild
Proiect Location
Two (2) separate locations within the City of Kent water service area.
(See Attached)
Scope of Work
Supply labor to inspect, rebuild and or repair City owned Cla-Valves listed below. Supply
necessary rubber parts needed for rebuilding all valves listed in proposal including
gaskets, o-rings and sealants Metal components that are found to be damaged or worn
due to normal wear are not included in this program cost and will be billed above and in
addition to quoted price of$3,750.00.
To Include The Following
Please see attached documents.
G C SYSTEMS, INC.
P.O. BOX 848 PUYALLUP, WA. 98390
800-525-9425
December 16, 2009
City of Kent
220 South 4th Street
Kent, Wa 98032
Attn• Mr Kevin Swinford
Re Proposal for 2010 Valve Rebuild
Dear Mr. Swinford:
According to our record you have six valves that are due to be rebuilt next year.
The cost for the rebuild of these valves per the enclosed list will be $3,750 00.
This rebuild consists of the cleaning of the main valve and pilot controls and the
replacement of the rubber parts. If any metal parts in the valves or pilot controls
require replacement they will be billed over and above this quoted price
The city shall supply all equipment, additional personnel, and complete any
documentation required to meet OSHA regulations for confined space entry as
well as supplying any traffic revisions which may be necessary for work in public
right-of-ways
will begin scheduling our service for next year in January Please let me know
as soon as you are able if you want to be on the schedule next year If you have
any questions Kevin please give me a call
Yours Truly,
Carolyn Wells
GC Systems, Inc.
Enclosure
KENT 2010 VALVE REBUILD LIST
PUMP STATION #6
1 - 2" 58EG-01
1 - 6" 90G-01AB
ARMSTRONG SPRINGS
A_1
1 - 3" 61 G-02
1 - 8" 51G-01BCS/131-01ABCS
A-2
1 - 4" 61 G-02
1 - 8" 51G-01B/131-01ABCS
BIA=VAr
Subject: Authorized Sales and Service Agency
To Whom It May Concern:
Please be advised that the company named below is the only Authorized Sales and
Service Agency set up in the Greatei Northwest, including the states of Alaska, Idaho,
Montana, Oregon, Washington and Western Wyoming.
They inventory parts, controls, accessories, and complete valve assemblies which are
ready to service your every Automatic Control Vale-e requirements Their Service
Department is available for normal scheduled maintenance and repairs.
For additional details please contact:
GC SYSTEMS,INC.
PO BOX 848
SUMNER, WA 98390
(800) 525-9425
Mr. Dale Fletcher
Ms. Carol Wells
Mr. Gary Fletcher
Very truly yours,
CLA-VAL COMPANY
Ray E. Williams
Western Regional Manager
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for Injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain Insurance of the types described below:
1. Automobile 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. 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.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile 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.
P:Operations\PWOpsContracts\Water\GCSystems\ExhibitBInsRegInspectMaintClaVa Ives 1-10
EXHIBIT B Cont.
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:Ope rate ons\P W OpsContracts\Water\GCSystem s\Exh i b itBInsRegI nspectMa i ntCla Va Ives 1-10
Statement of Intent to Pay Prevailing Wages Page I of 2
Prevailing Wage Section
Department of Labor&
Statement of Intent to Pay Industries
Prevailing Wage Po Box44540
10 Olympia,WA 986044540
(360)902-5335
Received: Intent Id: Status:
01/14/2010 272796 Approved on 01/15/2010
COMPANY
Company GC SYSTEMS INC
Information: GCSYSS1913US
600 403 987
437,261-00
2310 INTER AVENUE
SUMNER, WA 98390
(253) 939-8322
Payment Type: Electronic
Company Electronic
Signature:
PROJECT
Public Agency: KENT, CITY OF
220-4TH AVE S
KENT, WA 98032-5895
County: KING Multiple Counties?No
City: KENT
Project Name: CLA-VAL SERVICE
Contract Number:
Bid Due Date: 01/14/2010
Award Date: 01/14/2010
Prime Contractor. GC SYSTEMS INC
GCSYSS1913UB
(253) 939-8322
Does Your
Company Intend
To Hire No
Subcontractors To
Perform All Work?
Does Your
Company Intend No
To Hire Any
Subcontractors?
Apprentices? No
$Amount- $3,750 00 Time and Materials No
Number of
Owners/Operators
Performing Work
on the Project that 0
Own 30%or More
of the Company.
Will your company
have employees
perform work on
this project? Yes
Does this project
utilize American
Recovery and
https://secureaccess.wa.gov/lni/pwia/Intent/IntentPrint asp?ID=272796 1/15/2010
Statement of Intent to Pay Prevailing Wages Page 2 of 2
Reinvestment Act
(ARRA) funds? No
More specifically,
does this project
utilize any
weatherization or
energy efficiency
upgrade funds
(ARRA or
otherwise)? No
Filed by. Sarah Sleight
EMPLOYEES WAGES
Journey Level Trades/Occupations
County Trade Occupation Wage Fringe #
Workers
LABORERS - GENERAL LABORER&
KING UNDERGROUND TOPMAN $40 03 $0 00 1
SEWER&WATER
https•//secure access wa gov/lni/pwia/Intent/IntentPrint.asp?ID=272796 1/15/2010
Client#:73747 GCSYSTEM2
ACORD- CERTIFICATE OF LIABILITY INSURANCE 111 5/2 01 0 1Y 1
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Propel Insurance ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE
Olympia Commercial Insurance HOLDER.THIS CERTIFICATE DOES NOTAMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O.Box 2007
Olympia,WA 98507 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Ohio Casualty Insurance Company
G C Systems Inc INSURERS
Inter Ave Business Park INSURER C
P.O.Box 848 INSURER
Sumner,WA 98390-0150 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 CCNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSR
TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS
A GENERAL LIABILITY BKW52962081 06/0112009 06101/2010 EACH OCCURRENCE Si 1 000000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
TY ISFSJFasLTr S100000
CLAIMS MADE 51 OCCUR MEO ECP(Any one person) 310,000
X PD Ded:500 PERSONAL B ADV INJURY S1 000 000
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG 52000000
17 POLICY FXI PRO-
LOG
JECT
A AUTONOBILE LIABILITY BA052962081 06101/2009 06101/2010 COMBINED SINGLE LIMIT $1 000
X ANY AUTO (Ea acmdenl) ,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per PUMM) S
X HIREDAUTOS BODILY INJURY
X NON-OWNED AUTOS
(Por amdar 1) $
I
PROPERTY DAMAGE $
(Peramdanl)
PGARAGELIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY AGG $
A EXCESS I UMBRELLA LIABILITY US052962081 06/01/2009 06/01/2010 EACH OCCURRENCE IS1,000,000
X1 OCCUR CLAIMS MADE AGGREGATE $1 000 000
S
XDEDUCTIBL
RETENTI 10 000 S
S
WORKERS COMPENSATION AND BKW52962081 06101/2009 06/01/2010 WC STATU-L'MTS I JOTH-
EM PLOVERS'LIABILITY PR
A ANY PROPRIETOWPARTNEWEXECUTIVE Wa Stop Gap EL EACHACCIDENT $1 000,000
ppppFl❑❑EIUMEMBER EXCLUDED?
(Mandatory In lJFi11 N EL DISEASE-EA EMPLOYEE :1,00000D
tf yes,deamba under
-- - ---SPECIAL PROVISIONS below------ - EL DISEASE-POLICYLIMIT 51,000000
OTHER -- --_____ __ _______
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE:Any and all work performed by the named Insured.
The City of Kent is named as Additional Insured as respects to work
performed by or on behalf of the contractor.See attached
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL dt; DAYS WRITTEN
220 4th Ave S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Kent,WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OFANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25(2009101)1 of 2 #S3851331M282979 G 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD MOO
COMMERCIAL GENERAL LIABILITY
CG 83 30 12 03
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
GENERAL LIABILITY
MASTER PAK
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX
SUBJECT PAGE
BLANKET ADDITIONAL INSURED(OWNERS,LESSEES OR CONTRACTORS) 2
FIRE,LIGHTNING,EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT 3
NON-OWNED WATERCRAFT 4
SUPPLEMENTARY PAYMENTS(BAIL BONDS) 4
PERSONAL AND ADVERTISING INJURY•ELECTRONIC PUBLICATION EXTENSION 5
AGGREGATE LIMITS(PER LOCATION) 5
AGGREGATE LIMITS(PER PROJECT) 5
VOLUNTARY PROPERTY DAMAGE COVERAGE 6
OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE 6
NEWLY FORMED OR ACQUIRED ORGANIZATIONS 7
DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7
BODILY INJURY(MENTAL ANGUISH) a
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8
—-------------- -- - - ---------- - - -- - --
MEDICAL PAYMENTS 8
Includes copyrighted material of ISO Properties, Inc ,with its permission.
CG 83 30 12 03 ISO Properties, Inc, 2003 Page 1 of 8
1. BLANKET ADDITIONAL INSURED(Owners, Lessees Or Contractors)
(Includes a PrimarylNon-Contributory provision)
Who Is An Insured-Section 11 is amended to include as an insured any person or organization whom you are required
to name as an additional insured on this policy in a written contract or written agreement.The written contract or written
agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the
"bodily injury," 'property damage"or"personal and advertising injury."
The insurance provided the additional insured is limited as follows.
A. The person or organization is only an additional insured with respect to liability:
1. Arising out of real property,as described in a written contract or written agreement,that you own, rent,
lease or occupy;or
2. Caused in whole or in part by your ongoing operations performed for that insured.
The insurance provided the additional insured in 1.A.2. above does not apply to:
a. Coverage A-Bodily Injury and Property Damage Liability, Coverage B-Personal and
Advertising Injury Liability or defense coverage under the Supplementary Payments arising
out of an architect's, engineer's or surveyor's rendering of or failure to render any professional
services including:
(1) The preparing,approving, or failing to prepare or approve maps,shop drawings,
opinions, reports,surveys,field orders, change orders or drawings and specifications;
and
(2) Supervisory, inspection, architectural or engineering activities
b. "Bodily injury"or"properly damage"occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work,
on the project(other than service, maintenance or repairs)were performed by or on
behalf of the additional insured(s)at the site where the covered operations have been
completed;or
- --------- -- ---- - ---------(2)-- - -Thal portion of"your work"out of which the Injury or damage arises has been put to its
intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal as part of the same
project.
B. The limits of insurance applicable to the additional insured are those specified-in a-wntten-contract crwntten—` -
-----— ---agreement or-the-limits of Insurance as stated in the Declarations of this policy and defined in-Section III=-
Limits Of Insurance of this policy,whichever are less These limits are inclusive of and not in addition to the
limits of insurance available under this policy.
C. The Insurance provided the additional insured does not apply to the liability resulting from the sole negligence of
the additional insured.
Includes copyrighted material of ISO Properties, Inc ,with its permission.
CG 83 30 12 03 ISO Properties, Inc , 2003 Page 2 of 6
D. As respects the coverage provided to the additional insured under this endorsement,Section IV-Conditions Is
amended as follows:
1. The following is added to Condition 2. Duties in The Event Of Occurrence,Offense,Claim,or Suit:
An additional Insured under this endorsement will as soon as practicable:
a. . Give written notice of an"occurrence"or an offense, that may result in a claim or"suit"
under this insurance to us;
b. Tender the defense and indemnity of any claim or"suit"to all Insurers whom also have
Insurance available to the additional insured, and
C. Agree to make available any other insurance which the addltional Insured has for a loss
we cover under this Coverage Part.
2. The following is added to Condition 3. Legal Action Against Us:
We have no duty to defend or indemnify an additional insured under this endorsement until we receive
written notice of a claim or"suif"from the additional insured.
3. The following is added to Paragraph a., Primary Insurance of Condition 4.Other Insurance:
If the additional insured's policy has an Other Insurance provision making its policy excess,and a
Named Insured has agreed in a written contract or written agreement to provide the additional insured
coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek
contribution from the additional insured's policy for damages we cover.
4. The fallowing is added to Paragraph b , Excess Insurance of Condition 4. Other Insurance:
Except as provided in Paragraph 4.a.Primary Insurance as amended above,any coverage provided
hereunder shall be excess over any other valid and collectible Insurance available to the additional
Insured whether primary,excess,contingent or on any other basis. In the event an additional insured has
other coverage available for an"occurrence"by virtue of also being an additional insured on other
policies,this insurance is excess over those other policies.
- 2.- -FIRE,LIGHTNINGi EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT -- -- - - -
If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy,the following
applies:
A. The last paragraph of 2.Exclusions of Section I-Coverage A Is replaced by the following:
If Damage To Premises Rented To You Is not otherwise excluded, Exclusions c.through n.do not
apply to damage by fire, lightning, "explosion"or sprinkler leakage to premises while rented to you or
temporarily occupied by you with permission of the owner, A separate limit of insurance applies to this
coverage as described in Section 111-Limits Of Insurance.
Includes copyrighted material of ISO Properties, Inc.,with its permission.
CG 83 3012 03 ISO Properties, Inc.,2003 Page 3 of 8
B. Paragraph 6.of Section iiI-Limits Of Insurance Is replaced by the following:
6. Subject to 5,above,the Damage To Premises Rented To You Limit shown in the Summary of
Limits and Charges section of this policy is the most we will pay under Coverage A for damages
because of"property damage"to premises rented to you or temporarily occupied by you with the
permission of the owner arising out of any one fire,lightning, "explosion"or sprinkler leakage
Incident
C. Paragraph 15.(1)(b)of Condition 4.Other Insurance(Section IV-Conditions)is replaced by the
following:
(1) That is Fire,Lightning, Explosion or Sprinkler Leakage Insurance for premises rented to you or
temporarily occupied by you with the permission of the owner;
D. Paragraph 9.a. of the definition of"insured contract"in Section V-Definitions is replaced by the
following:
9. "Insured contract"means:
a. A contract for the lease of premises. However, that portion of the contract for a lease of
premises that indemnifies any person or organization for damages by fire, lightning,
"explosion"or sprinkler leakage to premises while rented to you or temporarily occupied
by you with the permission of the owner is not an"insured contract",
E. The following definition Is added to Section V-Definitions:
"Explosion"means a sudden release of expanding pressure accompanied by a noise,a bursting forth of
material and evidence of the scattering of debris to locations further than would have resulted by gravity
alone
"Explosion"does not include any of the following:
1. Artificially generated electrical current including electrical arcing that disturbs electrical
devices,appliances or wires;
2. Rupture or bursting of water pipes;
-- -- -- - - -- ----
- - - - - 3. -Explosion of steam boilers,steam pipes,steam engines or steam turbines owned or
leased by you, or operated under your control; or
4. Rupture or bursting caused by centrifugal force.
3. NON-OWNED WATERCRAFT
Subparagraph g.(2)of Paragraph 2., Exclusions of Section 1-Coverage A is replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long;and
(b) Not being used to carry persons or property for a charge;
4. SUPPLEMENTARY PAYMENTS
In the Supplementary Payments-Coverages A and B provision:
The limit for the cost of bail bonds in Paragraph 1.b.is changed from$250 to$1000.
Includes copyrighted material of ISO Properties, Inc.,with its permission.
CG 83 3012 03 ISO Properties, Inc.,2003 Page 4 of 8
5. PERSONAL AND ADVERTISING INJURY-ELECTRONIC PUBLICATION EXTENSION
Paragraphs 14.b., d.and e.of Section V-Definitions are replaced by the following:
b. Malicious prosecution or abuse of process;
d. Oral,written,televised,videotaped or electronic publication of material that slanders or libels a person or
organization or disparages a person's or organization's goods,products or services;
e. Oral,written,televised,videotaped or electronic publication of material that violates a person's right of
privacy;
The following is added to Paragraph 14."Personal and Advertising Injury"of Section V-Definitions:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but
only if such discrimination or humiliation is.
(1) Not done intentionally by or at the direction of.
(a) An insured;or
(b) Any"executive officer"director,stockholder,partner or member of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment or termination of
employment of any person or persons by any insured.
Subparagraphs b.and c.of 2., Exclusions of Section I-Coverage B-Personal And Advertising Injury Liability are
replaced by the following:
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury"arising out of oral,written,televised, videotaped or electronic
publication of material,If done by or at the direction of the Insured with knowledge of its falsity;
C. Material Published Prior To Policy Period
"Personal and advertising injury'arising out of oral,written, televised,videotaped or electronic
publication of material whose first publication took place before the beginning of the policy period;
6. AGGREGATE LIMITS OF INSURANCE(PER LOCATION)
The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your"locations"
owned by or rented to you or temporarily occupied by you with the permission of the owner.
--- -------
"Location"means premises irrvoiving the same or connecting lots,or p�emtses w>tiose connectbn s nterrupt-- on y b-
"Location"
street, roadway,waterway or right-of-way of a railroad.
7. AGGREGATE LIMITS OF INSURANCE(PER PROJECT)
The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away
from premises owned by or rented to you.
Includes copyrighted material of ISO Properties, Inc,with its permission.
CG 83 3012 03 ISO Properties, Inc.,2003 Page 5 of 8
9
1
8. VOLUNTARY PROPERTY DAMAGE COVERAGE
At your request,we will pay for"loss"to property of others caused by your business operations. The most we will pay for
this coverage is$500 each"occurrence." The"loss"must occur during the policy period. The"occurrence"must take
piece in the"coverage territory'.
"Loss"means unintended damage or destruction. "Loss"does not mean disappearance,abstraction or theft.
This coverage does not apply to:
1. Damage arising out of the use of any"auto";
2. Property you own, occupy,rent or lease from others;or
3. Property on your premises for sale,service,repair or storage.
None of the other policy exclusions apply to this coverage.
If the policy to which this endorsement is attached is written with a property damage liability deductible,the deductible
shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this
deductible.
9. OFF PREMISES CARE,CUSTODY OR CONTROL COVERAGE
A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to
personal property of others while in your or your"employees"care, custody or control or real property of others
over which you or your"employees"are exercising physical control if the"property damage" arises out of your
business operations.This Coverage is subject to sections B.,C., D.and E. below.
B. Exclusions
This Insurance shall not apply to:
1. "Property damage"of property at premises owned,rented,leased,operated or used by you;
2. "Property damage"of property while in transit;
3. The cost of repairing or replacing:
(a) Any of your work defectively or incorrectly done by you or by others on your behalf;or
(b) Any product manufactured,sold or supplied by you,unless the"property damage"is caused
directly by you after delivery of the product or completion of the work and resulting from a
subsequent undertaking;or
4. "Property damage"of property caused by or arising out of the"products-completed operations hazard".
C. Limits Of Insurance-The most we will pay for"property damage"under this Section 9. is$5,000 for each
"occurrence". The most we will pay for the sum of all damages covered under this Section 9.because of
"property damage"is an annual aggregate limit of$25,000.
The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided
In the policy or endorsements attached to It.
D. Deductible-We will not pay for"property damage"in any one"occurrence"until the amount of"property
damage"exceeds$250. If the policy to which this endorsement is attached contains a"property damage"
deductible,that deductible shall apply if it Is greater than$250,
E. In the event of"property damage"covered by this endorsement,you shall,if requested by us, replace the
property or furnish the labor and materials necessary for repairs thereto at your actual cost,excluding profit or
overhead charges.
Includes copyrighted material of ISO Properties, Inc,with its permission.
CG 83 30 12 03 ISO Properties, Inc.,2003 Page 6 of 8
10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
A. Paragraph 4.of Section it-Who Is An Insured Is deleted and replaced by the following:
4. Any business entity acquired by you or Incorporated or organized by you under the laws of any individual
state of the United States of America over which you maintain majority ownership interest exceeding fifty
percent Such acquired or newly formed organization will qualify as a Named Insured if there is no
similar insurance available to that entity. However:
a. Coverage under this provision applies only until the expiration of the policy period in which the
entity was acquired or incorporated or organized by you.
b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before the entity
was acquired or incorporated or organized by you.
o. Coverage B does not apply to"personal and advertising injury"ansing out of an offense
committed before the entity was acquired or incorporated or organized by you.
d. Records and descriptions of operations must be maintained by the first Named Insured.
B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by
provisions of the Coverage Part or by other endorsement(s)attached to it.
11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM OR SUIT
A. The requirements in Section IV-Conditions,Paragraph 2.a.,that you must see to it that we are notified of an
"occurrence"applies only when the"occurrence"is known to:
1. You,if you are an individual;
2. A partner, if you are a partnership;
3. A member or manager,if you are a limited liability company,
4. An executive officer or designee, if you are a corporation;
5. A trustee, if you are a trust;or
6. A designee, if you are any other type of organization.
B. The requirements In Section IV-Conditions Paragraph 2.b.that you must see to it that we receive written
notice of a claim or"suit"will not be considered breached unless the breach occurs after such claim or"suit"Is
- - known to: - - -
1. You,If you are an Individual;
2. A partner,if you are a partnership;
3. A member or manager if you ere a limited liability company;
4. An executive officer or designee,if you are a corporation;
----------------- -------- ---- -- ---
5. A trustee,if you are a trust;or
6. A designee, If you are any other type of organization.
Knowledge of an "occurrence,"claim or"suit"by the agent, servant or"employee"of any insured shall not in itself
constitute knowledge of the insured unless an officer or designee shall have received notice from its agent,servant or
"employee".
Includes copyrighted material of ISO Properties,Inc.,with Its permission.
CG 83 3012 03 ISO Properties, Inc.,2003 Page 7 of 8
12. BODILY INJURY
Paragraph 3.of the definition of"bodily injury"in the Section V-Definitions is replaced by the following:
3. "Bodily injury"means bodily injury, sickness or disease sustained by a person,including mental anguish
or death resulting from any of these at any time
13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS
We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce
our right against any person or organization for whom you perform work under a written contract that requires you to
obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement.
14. MEDICAL PAYMENTS
If Coverage C Medical Payments is not otherwise excluded,the Medical Expense Limit provided by this policy shall be
the greater of.
A. $10,000;or
B. The amount shown in the Declarations.
All other terms and conditions of your policy remain unchanged.
Includes copyrighted material of ISO Properties, Inc.,with its permission.
CG 83 30 12 03 ISO Properties, Inc.,2003 Page 8 of 8